Civil Litigation

When starting a business, no one expects to face a business dispute; however, disputes with customers, contractors, clients, and even between partners can cause significant problems. Once involved in a business dispute, every action and communication made during the dispute can impact the ultimate outcome of any potential litigation. EHDH attorneys have successfully represented businesses, owners, investors, officers, and directors in both large and small cases. Our attorneys understand business and how to guide your business successfully through the challenges arising from a business dispute. We have represented clients in disputes involving business torts, fraud, commercial real estate, contracts, employment matters, corporate governance, officer and director claims, partnership/joint ventures, fiduciary duties, and shareholder derivative claims.

Unfortunately, when there is a death in the family, there are times when related parties do not agree with a trust or estate plan. In these instances, we can be your advocate, helping work toward a settlement with the other party or representing your interests should the issue reach the point of litigation.

Some of the common types of estate litigation cases our firm handles include:

• Financial elder abuse (occurs when someone with a power of attorney, or another position of trust, abuses their position to take advantage of an elderly person)
• Guardianships, Conservatorships and incompetency issues
• Trust litigation stemming from fraud, unclear beneficiaries, and interpretation problems
• Will caveat actions, or contested wills

Whether your case requires careful negotiation or aggressive litigation, EHDH attorneys have the experience to help you throughout every step of the process. Across Georgia, EHDH attorneys have provided estate litigation clients unmatched legal advice with proven results in the most difficult and delicate of situations and times.

If you are pursuing a personal injury claim, you need an attorney who is dedicated to holding the responsible parties accountable for your injury. EHDH lawyers have significant experience litigating car accidents, collisions caused by trucks and other commercial vehicles, as well as product liability claims (including medical products), and catastrophic premises injuries. EHDH lawyers have decades of personal injury trial experience and stand ready to aggressively fight for your recovery.

Car accidents have affected most of us in some way. Obtaining a recovery after injury generally involves dealing with an insurance company who’s in the business to make a profit. Generally, when you are injured, an insurance company first decides if there is coverage for the accident. It then pays the claim by agreement or if a court enters a judgment requiring the company to pay.

The damages associated with injuries suffered in a car accident may be very significant. Under Georgia law, you may able to recover monetary compensation for your injuries, including your claims for:

• Pain and Suffering
• Loss of Enjoyment of Life
• Mental Anguish
• Past Lost Wages and Future Earning Capacity
• Past and Future Medical Bills
• Permanent Disability or Disfigurement
• Prescription Costs

EHDH attorneys have significant experience litigating these cases and are prepared to fight to obtain the compensation you deserve. Our firm generally represents clients in these cases on a contingency fee basis, which means we do not earn our attorney fees unless we recover money on your behalf.

If you are suffering from injuries following a collision, it can be confusing and stressful to deal with the medical bills and insurance adjusters. Our firm will assist you through the entire process to help you feel comfortable and to ensure that you will be treated fairly by the insurance companies involved. Call us now to discuss how we can assist in your recovery.

Crashes involving tractor trailers and passenger vehicles are often catastrophic simply due to the size difference between the two vehicles. Unfortunately, truck accident claims can also be more complicated to handle because they involve numerous laws and circumstances that are not present in a typical car accident. If you have been involved in a truck accident, it is important that you promptly seek the assistance of an experienced truck accident attorney.

With truck accidents it is often essential to promptly gather and preserve the facts and evidence related to the collision. Additionally, these cases often involve multiple insurance companies for the driver and the owner of the truck. It is also essential to have an attorney experienced in evaluating applicable trucking regulations. At EHDH, we stand ready to act swiftly to begin the necessary investigation and pursuit of your rights to recover for injuries caused by a semi-truck or other commercial vehicle.

At some point in the day, almost everyone is a pedestrian, and unfortunately pedestrian injuries remain high. According to NHTSA, in 2017 there were 5,977 pedestrians killed in traffic crashes. On average a pedestrian was killed every 88 minutes in a traffic crash in 2017. Pedestrian deaths accounted for 16 percent of all traffic fatalities in 2017. Tragically, a report by the Governors Highway Safety Association (GHSA) determined about 6,227 pedestrians were killed in motor vehicle crashes in 2018 —the highest mortality rate since 1990.

Pedestrian accidents may involve pedestrians or joggers who are struck in a crosswalk, a sidewalk, a parking lot, while exiting a bus or car, or otherwise injured or killed by a driver who is at negligent. These accidents are often caused by drivers who are distracted by cell phone or otherwise inattentive to the presence of pedestrians while operating their vehicles.

An injured pedestrian has the same right to seek financial compensation as anyone else injured by a motor vehicle, and these claims are generally covered by the driver’s automobile insurance. Additionally, injured pedestrians may also have coverage under their personal uninsured/underinsured motorist coverage for their own automobile. If you or someone you care about has been injured as a pedestrian, it is essential to contact an experienced attorney to ensure there is a prompt investigation of the accident and resulting injuries. The experienced personal injury attorneys at EHDH are ready to go to work for you.

The attorneys at EHDH understand that, when faced with the death of a loved one, a wrongful death claim is not a priority for the grieving family. However, the pain of losing a loved one can be more difficult when the loss is the result of someone else’s negligent behavior. Having represented numerous clients facing such tragic losses, the attorneys at EHDH understand the needs of families in such troubling times while also ensuring their claims are preserved. While recovering monetary damages will not bring your loved one back, our attorneys stand ready to pursue justice for your family to the full extent provided by the law.

In Georgia, the Wrongful Death Act states who may file a lawsuit:

• The spouse of the victim;
• If there was no spouse, then the victim’s children;
• If there was no spouse or children, then the parents of the victim if they are alive;
• If there was no spouse or children and the victim’s parents were deceased, then the administrator of the victim’s estate.

Families in Georgia usually have just 2 years from the date of the victim’s death to file a lawsuit. There are certain factual situations that could extend the amount of time you have to file a lawsuit, but you should consult with an experience attorney to make sure you do not miss the deadline for filing an appropriate action.

In a wrongful death case, Georgia law provides for the plaintiff to recover “the full value of the life of the decedent without deducting for any of the necessary or personal expenses of the decedent had he lived.” O.C.G.A. 51-4-1. The “full value” of a person’s life includes everything about their life—both the tangible and intangible. Once liability is decided, the law provides that amount of damages is decided by a jury using their “enlightened conscience.”

In addition to the “wrongful death” claim for the full value of the victim’s life, the victim’s estate may be able to recover additional damages. The estate claim may seek damages for the victim’s pain and suffering while he was alive and for reimbursement of medical and funeral expenses. In some instances, Punitive damages may also be available.

EHDH’s attorneys have a wide range of experience in tort litigation, both representing Plaintiffs pursuing tort claims as well as Defendants who are subject to tort litigation. Whether the matter involves claims of nuisance, trespass, conversion, or business torts, EHDH attorneys stand ready to fulfill any needs you may have when faced with a dispute arising from tort claims.

A class action lawsuit is a type of lawsuit where one or more individuals represent a larger group of people, more commonly known as a “class,” all of which have experience a similar or the same kind of problem. This type of legal action is particularly appropriate when the individual claims are relatively small, and it may not be economically feasible to bring a single case over the matter in issue, yet the conduct or condition causes significant harm collectively to many. Federal and state laws allow people to essentially band together in a single lawsuit for the greater good of the whole. Class action cases can be brought on a nationwide or statewide basis, depending on specific facts.

Defendants in these cases are typically large businesses that interact most frequently with the consuming public at large, including banking and financial institutions, the mortgage industry, insurance companies, automobile manufacturers, airlines, credit and credit-related organizations and other corporations that provide consumer services. Given the size and resources available to large companies that are generally the defendants, class action lawsuits require attorneys with significant knowledge and experience, as well as the resources, to fight the large corporations. EHDH attorneys have proven themselves both willing and able to take the fight to the companies that deserve it. Our attorneys are uniquely experienced and well equipped to manage complex class action lawsuits across the United States of America.

In most class actions, a lead class representative brings the initial claim on behalf of the other members of the class. If the class prevails in the action, that lead class representative is usually entitled to an incentive award for taking on the responsibility of bringing the matter to court for the larger group of similarly-situated persons. If you feel you have been financially harmed in a way that may be part of a larger pattern or practice conducted by an organization or business, please contact EHDH for a free case evaluation. We also accept and encourage referrals from other lawyers and have a history of associating with other attorneys in successfully bringing class action claims.

EHDH attorneys provide clients with straightforward and comprehensive representation throughout the entire divorce process. Our goal is to enable our clients to move through the divorce process with the confidence that they have attained the best results possible.

Our attorneys can empathize with the intense emotions our clients experience during a divorce and recognize that every divorce is unique and brings distinctive circumstances and legal issues. EHDH attorneys help clients navigate through this difficult process by utilizing our significant experience and commitment to ongoing legal education.

Divorce and family law is a highly specialized area of practice and EHDH attorneys have proven themselves in this field. When seeking or defending a divorce, having the right attorney to advocate your position is crucial. EHDH will deliver the representation you deserve.

With a long history of representing both franchisors and franchisees, EHDH attorneys are well-equipped to aggressively represent clients involved in franchise disputes. With many years of practical experience mediating, arbitrating and litigating franchise issues, EHDH provides our clients with a unique and balanced perspective when they face a franchise dispute.

Attorneys at EHDH have experience handling matters involving, (1) fraudulent inducement claims brought under state franchising laws and the common law and state law statutory claims, such as those brought under Deceptive Trade Practices Acts, (2) Breach of contract claims, including claims for breach of the implied covenant of good faith and fair dealing in numerous areas such as the expenditure of advertising funds, mandated product supply and pricing disputes, territorial encroachment, and transfers and renewals, (3) terminations and non-renewals, (4) post-termination claims for the enforcement of non-competition clauses, and (5) claims for business loss or expectancy damages arising from termination of a franchise agreement or abandonment by a franchisee.

If you are involved in a franchise dispute, EHDH attorneys stand ready to assist you.

EHDH is prepared to provide high quality representation when dealing with real estate litigation issues. From property line disputes to nuisances, the attorneys at EHDH have a proven record of getting winning results for their clients. Our attorneys handle a broad range of real estate litigation, including actions to clear title to real property, foreclosures on rights of redemption after tax sales, breaches of real estate purchase agreements and landlord-tenant disputes. We are prepared to utilize our resources and experience to achieve the best results possible in your real estate related dispute.

No one wants their property taken by the government and the process can seem quite daunting when going up against government attorneys. The attorneys at EHDH have years of experience defending property owner’s rights against government takings. Our attorneys have the knowledge to maximize your recovery so that you obtain fair value for property taken, business losses, when compensable, and diminution in value of your remaining property when damaged by a taking. We work to resolve these disputes as efficiently as possible but are prepared to utilize our significant trial experience if it is necessary to obtain fair compensation for our clients.

When a construction dispute arises, you need attorneys that understand construction disputes and can offer cost-effective solutions in a timely fashion. Attorneys at EHDH have experience handling construction disputes, large and small, both in state courts and arbitration proceedings. Our attorneys represent contractors, subcontractors, suppliers, owners, and design professionals in all aspects of construction disputes, including non-payment for work performed, and damages resulting from defective work, project delays, and negligent design. Our attorneys have significant experience handling all aspects of mechanic’s and materialmen’s liens and claims against surety bonds. EHDH attorneys are prepared to put their significant experience to work for you in resolving your construction related dispute.

Through the years, land use policies have become increasingly complex. From large-scale commercial developments to matters involving a single homeowner, EHDH attorneys have handled a wide spectrum of land use, subdivision and zoning issues throughout Athens and Northeast Georgia.

We represent real estate developers, local business owners, and individual homeowners in their zoning and land use matters before local commissions, review boards, and governing bodies. We can assist through the application, proposal and plan review process, as well as the negotiations, meetings and hearings with local officials and communities that are often essential to successfully handling zoning matters. EHDH benefits from strong professional relationships with local officials. We also understand development pressures and work hard to resolve issues in a cost effective and timely manner.

We represent clients in state and federal court in litigation matters with local governments relative to development issues, including challenges to zoning decisions, special use permits, and other land use regulations. If you need experienced legal counsel for land use and zoning matters, please contact us to discuss how we can assist you.

EHDH attorney have valuable experience preparing cases and arguing before the Georgia Supreme Court and Court of Appeals. Appellate procedures require thorough knowledge of the rules and practices of the appeals courts. Additionally, the limited attention span of the appellate courts puts a premium on precise and selective argument. Almost every litigated case ends with one of the parties being disappointed and convinced that the decision was wrong. In all cases where we are asked to represent the disappointed party, we seek to provide clients with an objective and practical perspective on whether an appeal is worth the additional investment.

EHDH attorneys have a reputation for their ability to analyze complicated facts and difficult questions of law in order to present a persuasive legal argument. Our attorneys’ written advocacy skills are essential to successful appellate advocacy. With our experience, we understand what makes appeals different. Appeals cannot be treated as simply “the next phase” of litigation. Success on appeal requires unique strategies, skills, and approaches to get the court’s attention.

In addition to appeals in cases that we have handled from the beginning, we are often engaged by clients and other lawyers for the sole purpose of assisting on the appeal of cases decided by trial courts. EHDH Attorneys consistently deliver both value and winning results to clients facing appeals.