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Ken Shigley

Ken Shigley

  • Personal Injury, Products Liability, Insurance Claims
  • Georgia
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Summary

Ken Shigley is:
- The first Georgia lawyer to earn three national board certification in his practice area (Truck Accident Law, Civil Trial Advocacy & Civil Pretrial Advocacy) from the National Board of Trial Advocacy
- Past President, State Bar of Georgia
- Author of book on trial preparation in injury cases, now in its 10th annual edition

He has been an attorney in cases racking up total recoveries of $22 million in 2019 alone.

Practice Areas
  • Personal Injury
  • Products Liability
  • Insurance Claims
Additional Practice Areas
  • Car Accidents
  • Truck Accidents
  • Wrongful Death
Fees
  • Free Consultation
    Free consultation in cases of wrongful death and catastrophic personal injury only.
  • Contingent Fees
Jurisdictions Admitted to Practice
Georgia
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11th Circuit
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U.S. Supreme Court
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Languages
  • English: Spoken, Written
Professional Experience
Attorney
Shigley Law, LLC
- Current
Associate / Partner
Van Gerpen & Rice / Van Gerpen Shigley & Hoffman
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Insurance defense litigation practice
Attorney
General Practice, Douglasville, GA
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General civil and criminal small town law practice
Assistant District Attorney
District Attorney, Tallapoosa Judicial Circuit
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Education
Emory University School of Law
J.D. | Law
Emory University School of Law Logo
Furman University
B.A. | Political Science / History
Furman University Logo
Awards
Who's Who in Law
Atlanta Business Chronicle
"Super Lawyer"
Atlanta Magazine
"Legal Elite"
Georgia Trend Magazine
Bar Register of Preeminent Attorneys
Martindale- Hubbell
AV rating
Martindale- Hubbell
Professional Associations
American Association for Justice Motor Vehicle Collision, Highway & Premises Liability Section
Chair
Current
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Institute for Continuing Judicial Education in Georgia
Trustee
Current
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American Bar Association House of Delegates
Member
Current
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Special Council on Criminal Justice Reform
Appointee
Current
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Commission on Continuing Lawyer Competency
Member
Current
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Institute for Continuing Legal Education in Georgia
Chair, Board of Trustees
- Current
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Southern Conference of Bar Presidents
Member
- Current
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NATIONAL CONFERENCE OF BAR PRESIDENTS
Member
- Current
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Trucking Litigation Group
Board Member
- Current
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National Board of Trial Advocacy
Certified Civil Trial Advocate
- Current
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Christian Legal Society
Member
- Current
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State Bar of Georgia
President, 2011-12
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Activities: President-elect (2010-11); Treasurer (2009-10); Secretary (2008-09); Executive Committee (2007-present); Board of Governors (2000-present); Disciplinary Board Investigative Panel; Disciplinary Rules & Procedures Committee; Indigent Defense Committee; Electronic Court Filing Committee (Former Chair); Member Benefits Committee (Former Chair); Professionalism Committee; Tort & Insurance Practice Section (Former Chair); General Practice & Trial Section (Board Member); Georgia Bar Foundation (Trustee); Lawyers Foundation of Georgia (Trustee).
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Criminal Justice Reform Council, State of Georgia
Member
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Chief Justice's Commission on Professionalism
Member
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Georgia Commission on Dispute Resolution
Member
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Georgia Courts Automation Commission
Member
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Southeastern Motor Carrier Liability Institute
Chair
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Georgia Insurance Law Institute
Chair
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Publications
Articles & Publications
"A Lawyer's Calling"
Georgia Bar Journal
"Stewardship, Calling and Love,"
Georgia Bar Journal
Georgia Law Of Torts: Trial Preparation & Practice
Thomson Reuters West
Selecting a Theme for Trial of a Trucking Case
Interstate Trucking Litigation Group, American Association for Justice
Insurance in Trucking Litigation
Association of Interstate Trucking Lawyers of America
Insurance in Trucking Litigation
Interstate Trucking Litigation Group, American Association for Justice
Persuasion in Trucking Cases
Interstate Trucking Litigation Group, American Association for Justice
Punitive Damages & Attorney Fee Awards in Trucking Cases
Association of Interstate Trucking Lawyers of America
National Highway Traffic Safety Administration Regulations and Trucking Litigation
Interstate Trucking Litigation Group, American Association for Justice
Punitive Damages in Trucking Cases
Tennessee Trial Lawyer Association
Use of Federal Motor Carrier Safety Regulations at Trial
Southeastern Motor Carrier Liability Institute
Tort Claims Involving Minors in Georgia
Georgia State Bar Journal
Speaking Engagements
Diversity Luncheon Welcome Address, 19th Annual State Bar of Georgia Diversity Luncheon
State Bar of Georgia
2011 State Bar President, Incoming Remarks, State Bar of Georgia Meeting
State Bar of Georgia
Certifications
Board Certified in Truck Accident Law, Civil Trial Advocacy & Civil Pretrial Advocacy
National Board of Trial Advocacy
Websites & Blogs
Website
Kenneth L. Shigley's Website Profile
Website
AtlantaInjuryLawyer.com
Website
GeorgiaTruckingAccidentAttorney.com
Blog
Georgia Truck Accident Attorney Blog
Blog
Atlanta Injury Law Blog
Videos
Ken Shigley discusses why he is a personal injury lawyer. It's Personal.Ken Shigley, It's Personal

Ken Shigley discusses why he is a personal injury lawyer. It's Personal.

Neck Injuries

Shigley Law LLC
http://www.atlantainjurylawyer.com/

Ken Shigley is a former president of the State Bar of Georgia, which includes all lawyers licensed to practice in the state. He ranks at the top of...Brain Injuries

Shigley Law LLC http://www.atlantainjurylawyer.com/ Ken Shigley is a former president of the State Bar of Georgia, which includes all lawyers licensed to practice in the state. He ranks at the top of...

Shigley Law LLC
http://www.atlantainjurylawyer.com/

Ken Shigley is a former president of the State Bar of Georgia, which includes all lawyers licensed to practice in the state. He ranks at the top of...Car Accidents

Shigley Law LLC http://www.atlantainjurylawyer.com/ Ken Shigley is a former president of the State Bar of Georgia, which includes all lawyers licensed to practice in the state. He ranks at the top of...

Shigley Law LLC
http://www.atlantainjurylawyer.com/

Ken Shigley is a former president of the State Bar of Georgia, which includes all lawyers licensed to practice in the state. He ranks at the top of...Commercial Truck

Shigley Law LLC http://www.atlantainjurylawyer.com/ Ken Shigley is a former president of the State Bar of Georgia, which includes all lawyers licensed to practice in the state. He ranks at the top of...

State Bar President Ken Shigley delivered the welcoming address at the 19th Annual State Bar of Georgia Diversity Luncheon on Sept. 29, 2011.President Ken Shigley | Diversity Luncheon Welcome Address

State Bar President Ken Shigley delivered the welcoming address at the 19th Annual State Bar of Georgia Diversity Luncheon on Sept. 29, 2011.

State Bar President Ken Shigley speaks at the Young Lawyers Division Committee Chair and Representatives Orientation on July 8, 2011 (part 1 of 2).President Ken Shigley: YLD Speech (Part 1 of 2)

State Bar President Ken Shigley speaks at the Young Lawyers Division Committee Chair and Representatives Orientation on July 8, 2011 (part 1 of 2).

State Bar President Ken Shigley speaks at the Young Lawyers Division Committee Chair and Representatives Orientation on July 8, 2011 (part 2 of 2).President Ken Shigley: YLD Speech (Part 2 of 2)

State Bar President Ken Shigley speaks at the Young Lawyers Division Committee Chair and Representatives Orientation on July 8, 2011 (part 2 of 2).

Ken Shigley was sworn into office on June 4, 2011, as the 49th president of the State Bar of Georgia. These are his remarks to the Board of Governors on his plans for the 2011-12 Bar year. Part 1 of 2 of his full remarks.Kenneth L. Shigley's Incoming Remarks, Part 1 of 2

Ken Shigley was sworn into office on June 4, 2011, as the 49th president of the State Bar of Georgia. These are his remarks to the Board of Governors on his plans for the 2011-12 Bar year. Part 1 of 2 of his full remarks.

Ken Shigley was sworn into office on June 4, 2011, as the 49th president of the State Bar of Georgia. These are his remarks to the Board of Governors on his plans for the 2011-12 Bar year. Part 2 of 2 of his full remarks.Kenneth L. Shigley's Incoming Remarks, Part 2 of 2

Ken Shigley was sworn into office on June 4, 2011, as the 49th president of the State Bar of Georgia. These are his remarks to the Board of Governors on his plans for the 2011-12 Bar year. Part 2 of 2 of his full remarks.

Ken Shigley was sworn into office on June 4, 2011 as the 49th president of the State Bar of Georgia. This is a 5-minute abbreviated version of his remarks to the Board of Governors on his plans for the 2011-12 Bar year.Kenneth L. Shigley's Incoming Remarks, 5-minute version

Ken Shigley was sworn into office on June 4, 2011 as the 49th president of the State Bar of Georgia. This is a 5-minute abbreviated version of his remarks to the Board of Governors on his plans for the 2011-12 Bar year.

Legal Answers
11 Questions Answered

Q. Can a highschool coach record a conversation of a 15 year old player w out their knowledge?
A: OCGA § 16-11-62 (https://law.justia.com/codes/georgia/2010/title-16/chapter-11/article-3/part-1/16-11-62) provides: It shall be unlawful for: (1) Any person in a clandestine manner intentionally to overhear, transmit, or record or attempt to overhear, transmit, or record the private conversation of another which shall originate in any private place; (2) Any person, through the use of any device, without the consent of all persons observed, to observe, photograph, or record the activities of another which occur in any private place and out of public view; provided, however, that it shall not be unlawful: However, OCGA § 16-11-66 provides, "(a) Nothing in Code Section 16-11-62 shall prohibit a person from intercepting a wire, oral, or electronic communication where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception." Therefore, in Georgia I may secretly record my conversation with you, though not the conversation between two other people who do not consent. However, there are protections of minors with regard to telephone and other electronic communications. OCGA § 16-11-66 says: (b) After obtaining the consent required by this subsection, the telephonic conversations or electronic communications to which a child under the age of 18 years is a party may be recorded and divulged, and such recording and dissemination may be done by a private citizen, law enforcement agency, or prosecutor's office. Nothing in this subsection shall be construed to require that the recording device be activated by the child. Consent for the recording or divulging of the conversations of a child under the age of 18 years conducted by telephone or electronic communication shall be given only by order of a judge of a superior court upon written application, as provided in subsection (c) of this Code section, or by a parent or guardian of said child as provided in subsection (d) of this Code section. Said recording shall not be used in any prosecution of the child in any delinquency or criminal proceeding. An application to a judge of the superior court made pursuant to this Code section need not comply with the procedures set out in Code Section 16-11-64. https://law.justia.com/codes/georgia/2010/title-16/chapter-11/article-3/part-1/16-11-66/ Since this conversation was recorded in person by a person who consented to being recorded, and did not involve a telephonic or other electronic communication, the law appears unclear. The school system's lawyers could argue that the recording was permitted under OCGA § 16-11-66(a). Beyond that, what are the damages? That she cried? As a parent, I had a situation in which my daughter probably had a good lawsuit against an airline that had her arrested and thrown off a plane because, as a deaf passenger, she did not hear and comply with a flight attendant's directions. The analysis was not only legal. I did not want her to get distracted by litigation and celebrity within the deaf community, and neglect her studies. We worked it out quickly and quietly with the airline and got the arrest record promptly expunged. She was on the next plane back to college and did not miss a class. Parental decisions involve a lot more considerations than potential liability of a coach.
Q. I was denied a job for taking CBD for my lupus. It was not labeled as having any THC. It did, and I failed my drug test.
A: There are not enough facts here. Re: the seller or manufacturer, determine whether they included warnings about the product potentially causing one to fail a drug test designed to detect marijuana, etc. If so, it's probably on you. Re: the employer, this is a developing area of law but generally even in states where recreational cannabis is legal, employers may bar its use by employees and administer and act upon drug tests accordingly. I have not seen a case on this in Georgia.
Q. Statute of limitations on getting hit by drunk driver.
A: In general, in a personal injury suit in New York, the statute of limitation is three years. N.Y. C.P.L.R. § 214(5)
Q. Can the defense attorney speak with the plaintiff witnesses on the phone in lieu of a deposition, Is this admissible?
A: He may interview the witnesses to see what they have to say. With their permission he may record the calls. Some states allow recording without permission but jurors tend to think that is unfair and sneaky. If the witnesses testify at trial, and say something contradictory to what is in a recorded statement, he may play the statement to the jury.
Q. Can I have an Attorney draw up a release form in lieu of getting workers comp insurance for my business?
A: You could try that. I would if it mattered. Whether those companies -- and more likely their insurance companies and risk managers who are driving this request -- would accept that is another matter. It may be not so much a question of law as a question of their risk management practices. If you wanted to cover yourself under workers comp, you probably could. The firm in which I was a partner decades ago elected to cover partners under workers comp. The next year, I had a back injury on a business trip and was covered. In my law office now, which is also too small for workers compensation insurance to be required, I buy WC coverage anyway. We have never had a claim and probably never will, but if a valued employee were hurt going to the courthouse, I would be glad she was covered.
Q. can the hospital put a lien again your settlement without notify you of a lien?
A: The answer in your individual case may depend on details of facts that I do not have. However, there is a Georgia case holding that a hospital's lack of strict compliance with hospital lien perfection statute by filing its verified statement three days late may not render the lien unenforceable if the liable parties had actual notice of lien and were not prejudiced by late filing. O.C.G.A. § 44–14–471. Thomas v. McClure, 236 Ga.App. 622, 513 S.E.2d 43 (1999).
Q. how to get a hospital lien nullified
A: First, you need to examine whether the hospital lien is enforceable. OCGA § 44-14-471. Procedure to perfect; filing of statement by operator of hospital; effect as notice Currentness (a) In order to perfect the lien provided for in Code Section 44-14-470, the operator of the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice: (1) Shall, not less than 15 days prior to the date of filing the statement required under paragraph (2) of this subsection, provide written notice to the patient and, to the best of the claimant's knowledge, the persons, firms, corporations, and their insurers claimed by the injured person or the legal representative of the injured person to be liable for damages arising from the injuries and shall include in such notice a statement that the lien is not a lien against the patient or any other property or assets of the patient and is not evidence of the patient's failure to pay a debt. Such notice shall be sent to all such persons and entities by first-class and certified mail or statutory overnight delivery, return receipt requested; and (2) Shall file in the office of the clerk of the superior court of the county in which the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice is located and in the county wherein the patient resides, if a resident of this state, a verified statement setting forth the name and address of the patient as it appears on the records of the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice; the name and location of the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice and the name and address of the operator thereof; the dates of admission and discharge of the patient therefrom or with respect to a physician practice, the dates of treatment; and the amount claimed to be due for the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice care, which statement must be filed within the following time period: (A) If the statement is filed by a hospital, nursing home, or provider of traumatic burn care medical practice, then the statement shall be filed within 75 days after the person has been discharged from the facility; or (B) If the statement is filed by a physician practice, then the statement shall be filed within 90 days after the person first sought treatment from the physician practice for the injury. (b) The filing of the claim or lien shall be notice thereof to all persons, firms, or corporations liable for the damages, whether or not they received the written notice provided for in this Code section. The failure to perfect such lien by timely complying with the notice and filing provisions of paragraphs (1) and (2) of subsection (a) of this Code section shall invalidate such lien, except as to any person, firm, or corporation liable for the damages, which receives prior to the date of any release, covenant not to bring an action, or settlement, actual notice of a notice and filed statement made under subsection (a) of this Code section, via hand delivery, certified mail, return receipt requested, or statutory overnight delivery with confirmation of receipt. If you are on actual notice of the lien, it may still be an enforceable debt even if not perfected. In personal injury cases, we often see hospitals choose to rely upon the lien for the "sticker price" of services rather than submitting the claims to an insurance company, Medicare or Medicaid. When we see that happening during the progress of the case, we may submit the bills directly to the insurer, Medicare or Medicaid, in order to reduce the amount of any lien or reimbursement claim. If the lien is valid and enforceable, the next step is to attempt to negotiate with the hospital's representative to reduce the amount. Often we can get that reduced by a third or more.
Q. Am I going to be found guilty when I go to court?
A: It sounds like the officer didn't want to decide and just gave both drivers tickets in order to let the traffic court judge sort it out. It may be that a judge hearing your story, presented calmly and in detail, perhaps with supporting photographs, would dismiss your ticket or find your not guilty. Some traffic courts offer to let people plead to a local ordinance violation that is not reported to the state so there are no points on your license. You didn't say where this was. You might want to do a Google search for a lawyer who handles traffic tickets in that municipality or county.
Q. I was drugged and raped in foster home. I was ignored by child protection services what are my legal rights to justice
A: Foster parents are considered state employees for purposes of the Georgia State Tort Claims Act. OCGA § 50–21–22(7). However, OCGA § 50-21-24, provides that, "The state shall have no liability for losses resulting from: ... (7) Assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, or interference with contractual rights." There is a case holding that the state did not have liability for sexual assaults by other types of state employees. Davis v. Standifer, 275 Ga.App. 769, 621 S.E.2d 852 (2005)(sexual assault by state trooper in traffic stop). However, allegations arising from officer's alleged sexual assault were sufficient to support claim against officer in his individual capacity for sexual battery, sexual assault, and related claims under Civil Rights Act. Whether the state's Risk Management Division would indemnify a foster parent for a sexual assault claim for which state government does not have liability is a separate question. I doubt it. While I doubt that the State Tort Claims Act would apply, to preserve your rights under that law, you would need to send a notice of claim in writing and shall be mailed by certified mail or statutory overnight delivery, return receipt requested, or delivered personally to and a receipt obtained from the Risk Management Division of the Department of Administrative Services. In addition, a copy shall be delivered personally to or mailed by first-class mail to the state government entity, the act or omissions of which are asserted as the basis of the claim. OCGA § 50-21-26. I would also consider the potential for the foster parent's homeowners insurance policy to cover this. However, homeowners' policies always include exclusions for intentional acts and criminal acts. Sometimes it is possible to weave around such exclusions by finding out what insurance company is involved, getting an exemplar copy of that company's homeowners policies, and craft the claim to work through the language. I have done that in a case in which the teenage son of a homeowner fired a gun at a neighbor's house, killing a child inside. Under the specific language of that insurance policy, we did that by alleging that the shooter negligently discharged the gun and did not intend to hit the house or hurt anyone. It would take a superhuman linguistic backflip to get a positive result on insurance coverage for a sexual assault on a foster child. I wish you well.
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Atlanta Injury Lawyer - Shigley Law, LLC
1629 Monroe Dr NE
Atlanta, GA 30324
USA
Telephone: (404) 253-7862
Fax: (678) 791-1728