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Areas of Practice
   General Civil Litigation
 Workers' Compensation Defense
   General Liability Defense
   Commercial Litigation
   Subrogation
   Insurance Coverage Issues
   White Collar Criminal Defense
   Bad Faith Insurance Litigation
Hamilton, Westby, Antonowich & Anderson can provide litigation services and business solutions in a number of areas. In addition to successful litigation, our attorneys are regularly asked to help draft legislation and to provide training programs for professionals and attorneys.

We are approved by the Georgia Insurance Commissioner to provide sanctioned training programs for claims professionals. Our seminars satisfy our clients’ continuing education training requirements, established by the Georgia Insurance Commissioner’s office. If we may be of service in providing continuing education credit opportunities to you or claims professionals or adjusters in your office, please contact us.

Our Practice Areas include:

General Civil Litigation
Our lawyers are experienced in providing litigation services and expert advice for civil claims involving areas of practice that are not specifically outlined in our other practice area descriptions. Examples include eminent domain, land use, boundary disputes, collection disputes, violations of the Fair Debt Collection Practices Act, contract claims and private nuisance claims.

Workers' Compensation Defense
We defend employers, insurers, self-insurers, third-party administrators and captive insurance companies throughout Georgia and Alabama against compensation claims by employees. We provide an exceptional level of service, strategy and analysis regarding litigated claims, as well as advice regarding claims management before litigation ensues. Our services are reasonably priced and focus on service-related success. Our attorneys and staff provide top-quality legal service at a reasonable rate, with a focus on providing value and information to our clients.

General Liability Defense
We provide insurers, corporations and individuals with reasonably priced defenses for civil liability claims in all State and Federal Courts throughout Georgia and Alabama. We recognize the dynamic nature of the general liability landscape. Changes in technology, legislation and judicial decisions are constantly affecting issues related to liability and damages. Our skilled litigators are able to identify cases and defenses that shield our clients from liability for bodily injury, property damage and personal injury. We are proud of our record of successfully defending liability claims based on application of the doctrine of contributory negligence, assumption of the risk, the sudden emergency doctrine, and identification of intervening causes. We are also skilled advocates whose medical expertise allows us to effectively reduce damage claims and assist in identifying malingerers. We do not believe that you will find better legal representation or value in regard to your general liability needs.

Commercial Litigation
We provide a broad spectrum of services to our business clients. We can provide advice regarding contract and transactional document review as well as advice and representation in litigated disputes. We pride ourselves on providing the highest quality of commercial litigation services at a rate which is often a fraction of the cost of other firms in the Atlanta area. Please contact us to determine how we can increase your profitability by reducing transaction costs attendant to commercial litigation in which your business may be involved.

Subrogation

Workers’ Compensation Subrogation
We are panel counsel for workers’ compensation subrogation recovery for several major insurers and third party administrators in Georgia and Alabama. Georgia workers’ compensation law requires that a plaintiff be “made whole” as a prerequisite to workers' compensation subrogation recovery. We provide unparalleled advice and litigation service to subrogated employers and insurers allowing our clients to maximize their recovery by successfully navigating the pitfalls inherent in workers’ compensation subrogation recovery in Georgia. Our experienced litigators have pioneered novel theories of recovery to minimize reduction of subrogation claims due to the "made whole" doctrine.

ERISA Subrogation
We provide litigation services to Plan administrators who maintain qualifying plans under the Employee Retirement Income Security Act (ERISA). We provide full service regarding ERISA subrogation including notification, calendar checklist, intervention, and, if necessary, claims for equitable relief and injunctive relief in order to ensure recovery of Plan payments made to Plan participants as a result of the negligence or fault of third parties. We also provide review and analytical opinions regarding Plan document compliance with applicable Federal statutes and case law.

Property Casualty/Uninsured Motorist Subrogation
We provide pre-litigation and litigation services related to recovery of property and casualty losses under auto, homeowners, maritime, uninsured motorist and contract claims throughout Georgia and Alabama. We are experienced in preparing and presenting claims for alternate dispute forums, such as Arbitration Forums, through mediation and through formal arbitration. We perform property and casualty subrogation services on a contingent basis, on a flat fee basis, on a fixed hourly basis, or a blended rate basis depending on our clients' needs. Please contact us to discuss how we can maximize your recovery at a rate which increases your bottom line.

Insurance Coverage Issues
We provide coverage opinions, strategic recommendations and coverage litigation services to both insurers and policy holders. Our expertise in both first and third party insurance coverage issues is driven by our commitment to providing our clients with the highest quality of legal service at a reasonable rate.

White Collar Criminal Defense
Our firm provides effective defense for individuals accused of violation of Georgia criminal statutes related to “white collar crime.” Partner Steve Westby has over thirty years of experience defending individuals accused in State and Federal Courts throughout Georgia. He is assisted by experienced associates in providing effective investigation, strategy, negotiation and trial defense. We offer expert advice and reasonable rates, we provide litigation services and confidential counseling to individuals who are concerned about possible future criminal proceedings or pending proceedings.

Bad Faith Insurance Litigation
We represent both insurers and policy holders regarding bad faith insurance litigation. We practice in all State and Federal Courts and provide advice and representation, assisting our clients in navigating the maze of bad faith regulations in Georgia.

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