Brownstein & Nguyen

posted on April 30, 2015 by Brownstein & Nguyen

Automobile Accidents in Atlanta

Unfortunately, car accidents happen every day. A majority of personal injury claims in the U.S. are the result of accidents involving a truck, car, or other motor vehicle. In Atlanta GA, during 2006 alone there were 130,912 injuries related to motor vehicle accidents.

Atlanta Auto Injury When you’ve been involved in a car accident, you may need to hire a personal injury lawyer. Car accident lawyers can help you recover losses that incur from motor vehicle accident. Whether the injury is minor or more serious, you will need a lawyer to fight for the compensation you need to rehabilitate and to reimburse you for medical expenses, lost wages and other financial losses.

Accident lawyers can negotiate the red tape and legal procedures, shoulder the hefty amount of paperwork, and help manage many of the hassles associated with car wreck insurance claims. These problems only get worse if you are injured in a motor vehicle wreck.

Who Should You Hire?

Finding a lawyer to work on your behalf, however, can be a daunting task. Who can you trust, and how do you find them?

When looking for a personal injury accident attorney you should focus on the lawyer’s experience and commitment, as well as location and convenience. For example, your personal injury attorney should be well versed in personal injury law, transportation law, insurance law and dealing with insurance companies, and know how to properly prepare and settle a case like yours. Check each attorney’s background, track record, and references. Referrals from friends and family are a good place to start when looking for a lawyer. Online is another good resource, but make sure to check reviews for each lawyer you are considering. There are also several directories with lawyers that are quality-assured. Look at these and other sources to find a lawyer who can best help if you or your family has been injured in a motor vehicle accident.

The lawyers at Brownstein & Nguyen have an excellent track record, knowledge of the law and the experience to assist with personal injury, automobile accident, and truck wreck cases. We know how difficult it can be if you’ve been injured in a car or truck wreck, and we do everything we can to make the process easier. Use the contact form to the right to schedule a free consultation today.

Filed Under: All Postings, General News, Personal Injury

posted on April 25, 2015 by Brownstein & Nguyen

Investment Fraud Basics in Atlanta GA

Investing always involves some risk. Unfortunately, the safest investments generally pay the smallest returns, while riskier investments pay the highest returns. Financial professionals will tell you that successful investing requires a full understanding of not just the potential rewards of an investment but all of the risks, as well.

Investment advisors are required to fully spell out the risks involved in a particular investment so you can make an informed and educated decision. They are also required to tailor your investments to your financial situation, and insure that you are investing in suitable investment vehicles. Unscrupulous advisors often will hide or skim over high risk details to take advantage of clients and generate fees for themselves.

Even the most trustworthy investment brokerage and other financial companies can have brokers or advisors who “churn” accounts by excessive buying and selling to run up commissions, or place clients in unsuitable investments. The savviest investor can be treated improperly, even at high end brokerage firms.

In addition to navigating the risks of legitimate investments, investors looking for good returns can also can fall prey to Ponzi schemes and other fraudulent investments. Perpetrators of these schemes often lie about the true nature of the investments, including risks and potential returns. Often, schemes are designed to bring in investor money with no intention of safeguarding or returning it.

Recently, a number of Atlanta investors lost millions of dollars in a fraudulent real estate investment. These so called “reins,” or real estate investment notes, sounded like legitimate investments, but were in fact entirely fake.

Unfortunately, many financial scams appear valid and lucrative on the surface, enough to fool even educated investors. Creative scammers constantly invent new investment schemes to con unwary investors. Early investors may receive good returns, making it more difficult to uncover the truth before its too late. When a fraud unravels, almost always without warning, victims typically face the total loss of their investments.

If you have been harmed by a fraudulent investment, the experienced business fraud legal team at Brownstein and Nguyen can help you recover your losses. Our attorneys have recovered millions of dollars for drefrauded investors in the Atlanta area.

Brownstein and Nguyen wants to protect investors and can help you recover from improper financial dealings. Fill out our contact form on the right side of this page for more details regarding your possible case.

Filed Under: All Postings, General News

posted on April 19, 2015 by Brownstein & Nguyen

$2.3 Billion in Healthcare Whistleblower Recoveries

The False Claims Act is a federal law that was originally passed during the administration of President Abraham Lincoln. Over the past 150 years, the law has been revised several times.In the past few years, money recovered under the FCA has become big business for the government. In the fiscal year ending September 30, 2014, the federal government recovered a total of $5.7 billion. In addition, each year the number of new cases has increased. Much of the increase is as a result whistleblower lawsuits, also referred to as qui tam matters. Qui tam refers to an action brought by an individual who prosecutes a fraud case on behalf of the government and receives part of the final recovery. In 2014, whistleblowers received a total of $435 million, over $100 million more than in 2013.

Image via Flickr

The industry hit hardest by whistleblower lawsuits under the FCA in 2014 was banking with $3.1 billion in penalties and recoveries. But the healthcare industry continues to be a target for the government, to the tune of $2.3 billion recovered. This is the fifth year in a row that healthcare has paid back more than $2 billion under the FCA. Hospitals, pharmaceutical companies, medical device companies, physician groups, insurance companies, clinics – all sectors of health care have been the subject of FCA enforcement. For example, one pharmaceutical corporation alone had to pay $2.2 billion to settle allegations of kickbacks and promotion of off-label uses of medications in early 2014. A dialysis center had to pay $350 million in penalties for giving kickbacks for patient referrals. A medical device company paid out $30 million for marketing defective devices. A large home health service provider settled with the government for $150 million for charging Medicare for services not rendered, overcharging, and billing for medically unnecessary procedures.

With all this money being recovered, more and more whistleblowers are filing lawsuits. And whistleblowers are not just disgruntled current or former employees. In recent years, many qui tam matters have been initiated by competitors or consultants with inside information. Health care companies need to monitor their billing more carefully, and develop protocols to prevent the types of abuses for which the FCA collects billions.

Contact the law offices of Brownstein & Nguyen if you suspect that you might have information about healthcare or other government fraud. Our experienced team of legal professionals will answer questions and guide you in the steps to take as a potential whistleblower.

Filed Under: All Postings, Elder Care/Malpractice, Healthcare Costs, Healthcare Fraud, Whistleblower Claims

posted on April 10, 2015 by Brownstein & Nguyen

Distracted Driving in Atlanta

Many people believe that using a hands-free dash mounted device or earpiece while driving is safer than using a traditional hand-held cell phone. In fact, the National Safety Council (NSC) has found that “[e]ighty percent of American drivers believe hands-free devices are safer than using a handheld phone.” However, during April’s Distracted Driving Awareness Month the National Safety Council is undertaking a public education campaign to share research proving the brain is still distracted from driving while engaged in a hands-free conversation.

This is definitely something that everyone needs to be aware of. In 2013, over 3,100 individuals were killed in distracted driving crashes. In addition to fatalities, numerous critical and serious injuries associated with distracted driving occur each year. Common injuries from such crashes include broken bones, spinal injuries, and back and neck pain as a result of whiplash.

Commit to Safe Driving

The NSC suggests that all drivers commit to stepping beyond making the commitment to drive hands-free, and instead commit to driving cell phone free. The NSC #callskill campaign covers three important points for drivers to keep in mind when committing to refrain from cell phone and device use while driving:

Eyes on the road
Hands on the wheel
Mind on driving

Unfortunately, because distracted driving is the cause of so many fatalities and serious injuries it is possible that you or someone you know may have been involved in a distracted driving accident, or might be at some point in the future. Atlanta personal injury attorneys Brownstein & Nguyen are experienced in representing automobile and truck accident cases in the Atlanta area. With over 20 years of personal injury representation, the reviews and testimonials of Brownstein & Nguyen speak for themselves. Contact the personal injury lawyers at Brownstein & Nguyen at (770) 458-9060 for a free review of your case.

Filed Under: All Postings, Featured, General News, Personal Injury

posted on March 28, 2015 by Brownstein & Nguyen

Asylum and the Waiting Game

The Wasthington Post shared that Vive La Casa, a temporary shelter for those seeking asylum, was on the verge of closing its doors as it struggled with debt. Fortunately, a local community health center was able to step in and take over services at the converted schoolhouse in Buffalo, NY with the help of a generous grant. While this may not mean much in the day to day life of average citizens, the services and shelter provided mean the world to immigrants seeking asylum or refugee status in Canada and the United States.

The shelter acts as a temporary holding place for visitors from Ethiopia, Pakistan, Sri Lanka, Haiti, and other places who pass through the doors and hope for the chance of a better life. They may wait anywhere from a few days to a few weeks while paperwork is processed in their asylum case. Each morning Shelly Schratz, acting director of the shelter, knows the air is heavy with anticipation as those waiting look upon a list and eagerly search for their names.

That list, containing two-10 names, is scrutinized by all temporary residents in the shelter as they wait to see if it will be their day. They know that a name appearing on the list means they are one step closer to their road to freedom.

Of the morning ritual, Schratz shares, “I remember when I was in high school and I tried out for a play and I remember running to see if I had made the list, or the athletes running to see if they made the football team,” she said, “and I think to myself, oh my God, we take life for granted. There’s these people here and all they want is their name on that list, because it’s their life,” she said. “That list means, ‘we have a chance at our life.’”

While the Washington Post article concerns Vive La Casa in Buffalo, NY, the road to freedom is never easy one when seeking asylum anywhere in the United States. If you are in the Atlanta area and are waiting for your journey to begin, or have already started the process of seeking asylum, we encourage you to take the next step. Often, that next step involves having legal expertise and support on your side. Contact the immigration law offices of Brownstein & Nguyen for legal assistance with asylum and refugee situations.

Filed Under: All Postings, General News, Immigration, Immigration Law

posted on March 20, 2015 by Brownstein & Nguyen

How to Fail-Proof Your Business

Unfortunately, there is no surefire way to entirely fail-proof a business. As referenced in Forbes, the Wall Street Journal, Gallup, and countless other sources, small business failure rates range from 30-80% depending on the industry and length of time considered.

What Causes Businesses to Fail

While the actual percentage of businesses that fail varies according to industry and length of time in business, there are common threads of what causes businesses to close their doors. Gary Brownlee of the Indiana Small Business Development Center reported that the number one cause for a business’ demise was incompetence. Factors contributing to this cause included:

Overextending by living beyond the means of the income generated by the business
Poor planning
Emotional pricing products or services
Unpaid taxes
Inadequate information regarding financing requirements
Record-keeping skills below par for running a business
Uninformed decisions involving pricing related to the industry

These factors are preventable by making sound decisions and investments at the start of a business. Researching how to properly manage and maintain these factors is certainly one of the most important investments a small business owner or start-up can make. Specifically, when it comes to planning a business the old saying by Benjamin Franklin, “An ounce of prevention is worth a pound of cure,” is true. Imagine how much pain and heartache can be avoided with a little preventative maintenance up front.

Poor Legal Planning Leads to Business Disputes

As mentioned above, one a major contributor to business failure is poor planning. This includes not just business planning, but also legal planning. We have seen many small businesses fail as a result of disputes or conflicts between shareholders or partners. Hiring a qualified business attorney from the outset is one of the most sound investments that can be made in starting a business. Legal advice, well-conceived and thoughtfully drafted agreements, and proper documentation of the legal structure of a business will help prevent disputes or conflicts in the future.

If you are a small business owner, or considering starting a business, contact the experienced business litigation attorneys at Atlanta based Brownstein & Nguyen.

Filed Under: All Postings, General News

posted on March 13, 2015 by Brownstein & Nguyen

Employment and Investment Visas

The White House has been working on immigration initiatives, including the DACA program enacted in 2012, since President Obama was first elected in 2008. The DACA program, or Deferred Action for Childhood Arrivals, has already helped countless individuals who came to the United States as minors remain united with their families. The latest expansion of DACA, currently on hold pending a court challenge, will have an impact on potentially millions of immigrants looking to make a better life in America. Thousands of other hopeful immigrants seek to bring their valuable talents and human resources to our country through viable work visas or green cards.

Employment Visas

Mark Zuckerberg and other tech titans appear have keen interest in different aspects of immigration policy as it applies to work visas. These influential business leaders are people to pay attention to because they are leading the charge to open up the number of employment visas for skilled workers to come to the United States. Zuckerberg and others founded a political action committee in support of immigration, and have been supportive of President Obama’s recent executive order pushing new immigration guidelines.

Opposition

There are opponents to the expansion of employment visas, including some legislators who have also voiced harsh criticisms of President Obama’s executive actions. For example, Sen. Charles Grassley (R-IA) has expressed concern over the number of work visas carved out for the nation of Ireland within a recent Senate bill, particularly when it comes to “lower skilled” workers. There are provisions within immigration reform legislation that limits the number of work visas within a particular city, if unemployment within the community hits 8.5% or higher. Provisions protecting the unemployed that were put in place by the Border Security, Economic Opportunity and Immigration Modernization Act of 2013 appear to conflict with President Obama’s executive order in many ways.

Evaluations

A number of evaluations have been performed concerning how DACA might impact the fiscal picture of the United States. There are those who believe that millions of jobs will be created once 8 million immigrants ultimately receive legal status. The immigration issue and President Obama’s executive orders will clearly have an impact on the direction and future of our country, and the debates will likely continue for many years to come.

Contact the Atlanta immigration offices of Brownstein & Nguyen for expert help with employment visas and investment visas and other immigration questions and assistance.

Filed Under: All Postings, Immigration, Immigration Law, Immigration Reform

posted on March 6, 2015 by Brownstein & Nguyen

4 Things to Consider When Choosing a Personal Injury Lawyer

Experiencing a personal injury due to someone else’s negligence is never easy. Once you’ve started the process of picking up the pieces, it is important to choose the right personal injury attorney. Here are four key factors to consider when choosing a personal injury lawyer:

1. Experience

It is important to consider how long an attorney has been practicing personal injury law. It is also important to find out what type of personal injury case is involved, because personal injury is a broad category. The attorneys of Brownstein & Nguyen have over 20 years of experience handling personal injury cases including wrongful death, medical malpractice, nursing home and elder abuse, premises liability, and automobile and truck wrecks.

2. Reviews and Recommendations

In addition to considering the number of years in practice and the types of personal injury cases a lawyer has handled, it is important to consider their reputation. How is the attorney viewed among peers and by current and former clients? Founding partner Jay Brownstein has been honored as a top rated personal injury lawyer in Atlanta, Georgia by American Legal Media (2012) and by Georgia Trend Magazine’s Legal Elite publication (2009). He has a peer rating of AV®Preeminent™ by Martindale-Hubbell Law Directory, the highest rating for ethics and professional excellence awarded by fellow attorneys and judges. Most importantly, former clients have honored him with their heart-felt endorsements.

3. Track Record

When seeking a personal injury lawyer, it is also important to consider the lawyer’s case history. Through their years of experience, dedication and excellence in legal representation, the personal injury attorneys at Brownstein & Nguyen have built a record of success.

4. Compassion

Suffering and overcoming a personal injury is never easy or simple. Regardless of the situation, it is important to know that someone is truly there for you. Not just fighting for your legal rights, but understanding and being compassionate about what you and your family are going through. The accident and injury lawyers at Brownstein & Nguyen recognize that clients are not just clients, but individuals with stories, families and hardships. This empathy comes through in reading our client testimonials. Our attorneys always fight for what is best for their clients.

Contact the Atlanta personal injury law offices of Brownstein & Nguyen at 770-458-9060 for more information about pursuing legal support for your personal injury case.

Filed Under: All Postings, Personal Injury

posted on March 2, 2015 by Brownstein & Nguyen

What you Need to Know About Non Emergency Medical Transport

Guest Post by Aaron Marks of the Marks Law Group

Non Emergency Medical Transport Accident Atlanta

The elderly, sick and disabled often require specialized transportation, particularly non emergency medical transportation (NEMT), for attending doctors’ appointments and for receiving non-emergency medical treatment. NEMT is provided in vehicles that are equipped for accommodating people in wheelchairs, on stretchers, and who need to travel with other medical equipment. Just as with other motor vehicles, accidents can occur in NEMT, and cause injuries to passengers who are already injured, sick or frail.

Duty of Care for Atlanta NEMT Providers

Across the country millions of NEMT trips are made each year. In Georgia alone in 2012, the state Department of Community Health oversaw 3.6 million NEMT trips and, as the state has an ageing population and outside of the Atlanta metropolitan area, little public transit, the need for NEMT will continue to grow. Georgia state law currently has few safety regulations in place for NEMT. Unfortunately, some companies hire drivers who are neither adequately trained nor supervised. Because of this, vulnerable patients may be injured as a result of negligence by those people whom we trust to help them receive their much needed medical attention. Atlanta NEMT services have a duty to transport their passengers safely to their destination. Furthermore, drivers and staff of the service provider must ensure that all passengers, including the patient and their family members, are safely buckled and in a regular seat before moving the vehicle.

What are the Different Types of NEMT Accidents?

When transporting the elderly and the sick, accidents may occur as a result of:

A collision with another vehicle or another object
Carelessness in moving or transferring the passenger, or in failing to secure the patient sufficiently
Loading and transferring the patient
Improperly used chair lifts
Leaving the patient in extreme or unsafe conditions
Loading or unloading of a wheelchair or stretcher

What Forms of Negligence Cause an Accident?

Staff errors and carelessness in assisting passengers can increase the risk of passenger injury. Even a seemingly small slip or fall can aggravate the injury or poor health condition of the passenger. Other factors such as driver inexperience and inadequate training in the use and operation of specialized machines for transporting the patient, and certain behaviors such as driving recklessly and failing to restrain passengers sufficiently before moving the vehicle can also lead to an accident.

NEMT Accidents are NOT Merely Auto Accidents

NEMT collision cases are complex and require a thorough understanding of the current laws. They cannot be litigated as just auto accidents, nor are they seen as a form of medical malpractice. They are, in fact, a combination of unusual elements, including the following, which set these types of cases apart:

Broker relationship (NEMT brokers contract with state and local governments)
State regulations and policies, and
The particular special needs of those being transported

With the rapid expansion of the NEMT industry and a challenging regulatory environment, we expect to see preventable catastrophic injuries, including wrongful deaths, involving non-emergency transport vehicles in Georgia.

For more information about NEMT issues, contact the Marks Law Group. If you are in need of trusted personal injury, medical malpractice and elder abuse lawyers, contact Atlanta attorneys Brownstein & Nguyen.

Filed Under: All Postings, Elder Care/Malpractice, Healthcare Costs, Personal Injury

posted on February 27, 2015 by Brownstein & Nguyen

3 Things to Know About Asylum

Asylum can be claimed by an individual arriving in the United States who seeks refuge from their home country and fears for their life if they return home. Asylum isn’t an easy case to file or prove. The petitioner must present evidence to an immigration court of actual persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. Here are three basic things to know about asylum if one is considering pursuing this option.

When to apply

Typically asylum can be applied for upon entry to the U.S. and for period of up to one year after arrival in the country. In certain cases involving changes in one’s home country, such as a political revolution or military coup against the government or extremist violence against religious or ethnic groups, individuals may file for asylum even if they have been in the U.S. longer than a year. In addition, one may be allowed to file after a year if extraordinary circumstances such as an illness or medical problem prevented an earlier filing. Even if a person entered the U.S. unlawfully, they may still file for asylum if the conditions are satisfied.

Complete correct form

It is essential that the correct form be filled out. CIS Form I-589, which requires no filing fee, must be properly and completely filled out by the petitioner or her attorney and timely submitted to the correct government office. It can take up to 180 days for the application to be received and processed by Homeland Security, after which the applicant is scheduled for an interview with an asylum officer or immigration judge depending on the specific situation. An immigration judge will interview an individual who is already in removal proceedings. If one is not in removal proceedings, however, the interview should be granted with an immigration officer.

What to do if denied

If an application for asylum is denied by the judge or immigration officer, then an appeal with the Board of Immigration Appeals may be filed within the appeal period. Reapplication may also be permitted if there are changes in one’s circumstances since the time of original filing.

Regardless of the situation, and whether or not this is the first attempt at filing for asylum, it is helpful to have experts on your side. Atlanta immigration attorneys Brownstein & Nguyen have decades of experience helping clients in the metro Atlanta area and nationwide with their immigration needs, including asylum petitions. Contact us today with any questions you might have regarding the process and your rights.

Filed Under: All Postings, Immigration, Immigration Law