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20% contingent fee for early resolution cases
Efficiency should benefit our clients. Therefore, on new cases accepted after May 1, 2011, - if I find a serious injury or wrongful death case is appropriate for an early resolution track, - if the client assists by gathering medical, insurance and police documents, and - if there is a settlement within 60 days after delivery of a demand package to the insurer for the party at fault, - then my fee will be limited to 20% of the gross recovery, plus reimbursement of out of pocket expenses. That focuses attention on efficiently obtaining optimal resolution of cases that can and should be settled early, and provides the client an incentive to get to closure without great delay. If we can get there more efficiently, with less work and expense, the lower fee percentage is good deal for both the client and me. If there is not a settlement within sixty days from delivery of our demand package, then our fee percentage will reflect the increased time and work involved -- 33 1/3% before trial, 40% if we go to trial, and 45% if there is an appeal, plus reimbursement of out of pocket expenses. This does not apply to cases that come in less than six months before expiration of the statute of limitations period, or to referral cases where we must share the fee with another attorney or law firm. Of course, many insurance companies are slow to make any sort of reasonable offer and stubbornly resist doing the right thing, so most cases will not be resolved within that sixty day "early resolution" window. However, we will give it our best shot.    Ken Shigley's qualifications include: President-elect, State Bar of Georgia Certified Civil Trial Advocate of the National Board of Trial Advocacy "Super Lawyer" (Atlanta Magazine) "Legal Elite" (Georgia Trend Magazine) AV "Preeminent" - Listed in Bar Register of Preeminent Lawyers (Martindale) Author of Georgia Law of Torts: Trial Preparation & Practice (West 2010) Board member & faculty, Interstate Trucking Litigation Group Former chair, Georgia Insurance Law Institute Former chair, Southeastern Motor Carrier Liability Institute A trial attorney in Atlanta, Georgia whose practices focuses on representation of plaintiffs in high end personal injury and wrongful death cases. He has extensive experience representing parties in trucking and bus accidents, products liability, catastrophic personal injury, wrongful death, brain injury, spinal cord injury and burn injury cases.

Governor Deal appoints Ken Shigley to Criminal Justice Reform Council
While my "day job" involves representing individuals and families in serious injury and wrongful death cases across Georgia, part-time public service is also important. This doesn't hurt clients, as the time devoted to public service is counterbalanced over time by the exposure and insights gained. The following article appears in today's Fulton County Daily Report: Deal fills last empty seats on Criminal Justice Reform Council All 13 members of the Special Council on Criminal Justice Reform, a panel of legislators, judges and attorneys charged with studying the state’s courts and recommending ways to improve them, have now been named. Gov. Nathan Deal’s office issued a statement Monday afternoon outlining his appointees, as well as those of the lieutenant governor, speaker of the House and state Supreme Court chief justice. The members chosen by Deal are his executive counsel D. Todd Markle (to serve in place of the governor); Douglas County District Attorney J. David McDade; Judicial Qualifications Commission member Linda Evans—who is also the wife of former Georgia Republican Party general counsel J. Randolph Evans; and State Bar President-elect Kenneth L. Shigley. Lt. Gov. Casey Cagle tapped Senate Ethics Committee Chairman John Crosby, R-Tifton; Senate Judiciary Chairman Bill Hamrick, R-Carrollton; and Senate Urban Affairs Committee Chairman Ron Ramsey Sr., D-Decatur. House Speaker David E. Ralston, R-Blue Ridge, appointed Rep. Mary Margaret Oliver, D-Decatur, an attorney; Rep. Jay Powell, R-Camilla, an attorney and former mayor; and House Special Rules Committee Chairman Willie Talton, R-Warner Robins. On May 6, Chief Justice Carol Hunstein affirmed that she will sit on the panel and also named Atlanta Judicial Circuit Superior Court Judge Ural D. L. Glanville, a former Fulton County magistrate, and Waycross Judicial Circuit Superior Court Judge Michael P. Boggs, a former Democratic state representative. Deal signed House Bill 265, which created the special council, last month in his son’s courtroom in Hall County. The council must report its findings and recommendations to next year’s General Assembly. “With this council now in place, it is our hope to uncover new approaches to make Georgia communities safer while increasing offender accountability, improving rehabilitation efforts and lowering costs,” Deal said in a written statement. “While this effort should ultimately uncover strategies that will save taxpayer dollars, we are first and foremost attacking the human costs of a society with too much crime, too many people behind bars, too many children growing up without a much-needed parent and too many wasted lives.” Deal, Hunstein and others already have suggested that the council should consider the effectiveness of accountability courts, such as DUI, drug and mental health court programs that offer alternative sentencing and rehabilitation programs for non-violent offenders, as well as giving judges more discretion at sentencing and thus eliminating some mandatory minimums. Several of the council members attended a one-day conference on May 6 hosted by the American Bar Association in Washington where they heard strategies from other states that have recently embarked on reform initiatives. Ken Shigley is a trial attorney in Atlanta, Georgia whose practices focuses on representation of plaintiffs in high end personal injury and wrongful death cases. He is listed among the "Legal Elite" (Georgia Trend Magazine), as a "Super Lawyer" (Atlanta Magazine), and in the Bar Register of Preeminent Lawyers (Martindale). A Certified Civil Trial Advocate of the National Board of Trial Advocacy, Mr. Shigley has extensive experience representing parties in trucking and bus accidents, products liability, catastrophic personal injury, wrongful death, brain injury, spinal cord injury and burn injury cases. Currently he is President-elect of the 42,200 member State Bar of Georgia.

Traumatic brain injury prevalent among prisoners
In the past week I've run across an unexpected convergence between my roles as a trial lawyer handling brain injury cases and as president-elect of the State Bar of Georgia. Last Friday, I attended a program on criminal justice reform at the American Bar Association office in Washington, along with state government representatives. Among the dizzying array of statistics cited in the program was data on the huge percentage of state prisoners who have alcohol and drug addictions and/or mental illness. The program presenters did not drill down in the data to focus on the prevalence of traumatic brain injury among convicts. However, in a study on "Traumatic Brain Injury Among Prisoners," the authors summarize a body of research finding that from 76% to 88% of prisoners have a history of traumatic brain injury, and that from 36% to 58% have had traumatic brain injury with loss of consciousness. The article also reports that Individuals with a history of TBI are much more likely to have problems with alcohol and drug abuse than people without TBI, as well as irritability or aggressiveness, including explosive outbursts, which can be set off by minimal provocation. In efforts to divert a portion of prison populations to less expensive, community based correction and rehabilitation options, the prevalence of TBI is an important factor to recognize. If individuals are too dangerous to set free, they must still be locked up notwithstanding TBI history. However, there are probably many who could with some treatment do well in a less restrictive (and less expensive) form of correctional supervision. For sake of public safety, an individualized risk assessment should be used. Parents of kids who have traumatic brain injuries should be aware that it is important to recognize the risk factors affecting the child's long-term quality of life, and build in to a life care plan funds for psychological and tutoring services to prevent them from falling into behaviors that may lead to prison. For example, in one recent case involving a preschool child who suffered a head injury when a large truck overturned on the family vehicle, we built into the settlement funds to flexibly provide psychological, tutoring and other services that would address learning disabilities and behavioral problems that could get him on the wrong path in life.    Ken Shigley is a trial attorney in Atlanta, Georgia whose practices focuses on representation of plaintiffs in high end personal injury and wrongful death cases. He is listed among the "Legal Elite" (Georgia Trend Magazine), as a "Super Lawyer" (Atlanta Magazine), and in the Bar Register of Preeminent Lawyers (Martindale). A Certified Civil Trial Advocate of the National Board of Trial Advocacy, Mr. Shigley has extensive experience representing parties in trucking and bus accidents, products liability, catastrophic personal injury, wrongful death, brain injury, spinal cord injury and burn injury cases. Currently he is President-elect of the 42,200 member State Bar of Georgia.

Credible accident reconstruction testimony is often important
Automobile collision personal injury cases often require the assistance of an accident reconstructionist who is trained to analyze the physics of the wreck scene and determine the movements and speeds of vehicle and communicate those findings appropriately to jurors. The more complicated and controversial the crash, the more important the accident reconstruction expert testimony. Over the years I've worked with and opposing a wide variety of accident reconstruction experts. There have been physics professors who were great with the scientific principles but weak on some of the nitty gritty aspects of dealing with road wrecks. Others are free lance engineers "for all seasons and all reasons" who may reconstruct a wreck today and analyze a product design tomorrow. I've also worked with immigrant engineers from a large engineering firm who were brilliant but could not effectively communicate with jurors. Sometimes we are fortunate enough to have a case where the Georgia State Patrol SCRT (Specialized Collision Reconstruction Team) reconstructs an accident before I get involved. SCRT officers are state troopers who have gone though extensive specialized training and have investigated or reconstructed probably thousands of collisions.  They can testify with authority and neutrality, and generally know from long experience as law enforcement officers how to communicate with jurors. However, the SCRT units are called in only when there is a potential vehicular homocide criminal prosecution. If there is just an injury that does not appear potentially fatal, it is unlikely that SCRT officers will be called in. So we like to use retired SCRT officers for private accident reconstruction work whenever feasible. The best I have encountered is Jeff Kidd of Collisions Specialists, who before his retirement was commander of the Gainesville SCRT team and taught all five levels of accident reconstruction for the Georgia State Patrol. Accident reconstruction experts like him can professionally analyze a wide variety of issues involving Physics, Momentum, Time & Distance, Conspicuity, Human Factors and Energy in automobile, tractor trailer, motorcyle, pedestrian and bicycle accidents.    Ken Shigley is a trial attorney in Atlanta, Georgia whose practices focuses on representation of plaintiffs in high end personal injury and wrongful death cases. He is listed among the "Legal Elite" (Georgia Trend Magazine), as a "Super Lawyer" (Atlanta Magazine), and in the Bar Register of Preeminent Lawyers (Martindale). A Certified Civil Trial Advocate of the National Board of Trial Advocacy, Mr. Shigley has extensive experience representing parties in trucking and bus accidents, products liability, catastrophic personal injury, wrongful death, brain injury, spinal cord injury and burn injury cases. Currently he is President-elect of the 42,200 member State Bar of Georgia.