Ken David & Associates, LLC is an AV Rated* civil litigation and workers’ compensation defense law firm located in the heart of downtown Atlanta, one block from the State Board of Workers’ Compensation. The firm’s attorneys specialize in representing employers, insurers, and third party administrators in workers’ compensation matters throughout Georgia. The firm also represents businesses and individuals in general liability and professional negligence matters. All partners of the firm have at least ten years experience defending workers’ compensation and liability claims in Georgia.
Ken David & Associates prides itself on understanding the needs of our clients and taking an aggressive approach to defending lawsuits and non-litigated claims. Our action plans are tailored to the facts of the case, but also consider the client’s specific needs and philosophy. The results are speedy and successful resolution of claims.
Communication is the cornerstone of our practice. We have not only the technology but also the commitment to be responsive to client needs. Telephones and e-mail are important tools in this regard, but we believe personalized service, including visits to our clients – whether across town or across the country – is valuable and necessary to provide the highest quality legal service. We understand that good lawyers listen to their clients and understand their needs.
Ken David & Associates publishes a bi-monthly e-newsletter, which focuses on current workers’ compensation and general liability issues in Georgia. Our site is interactive, allowing the user to research most Georgia physicians who treat workers’ compensation patients and giving access to information about a wide range of prescription medications. The website also contains information about current compensation rates and articles about recent developments in the law.
*Ken David & Associates has been recognized with an AV Rating by Martindale-Hubbell, the highest rating possible for legal ability and professional ethics. Ken David & Associates attorneys sit on the State Board’s Legal Steering Committee, the Atlanta Bar Association’s – Workers’ Compensation Section’s Board of Directors, and have been asked to Chair continuing legal education seminars. The firm’s attorneys are regular speakers at State Board seminars, Institute of Continuing Legal Education in Georgia seminars, and seminars organized by private sponsors.
Ken David & Associates is proud of its ongoing involvement with Kids’ Chance of Georgia, whose mission is to provide educational scholarships to the children of Georgia workers who have been seriously, catastrophically or fatally injured in work-related accidents. The firm has organized and sponsored Kids’ Chance Fun Runs and sits on one of the fundraising committees.
Upon receipt of a new file, the responsible Ken David & Associates attorney evaluates the facts, identifies issues, and provides a clear analysis and strategic plan. A detailed letter with recommendations and an action plan is provided within five days of receipt of a file. The letter summarizes the relevant facts of the case, addresses areas in need of further fact development, identifies specific items to be obtained in the discovery process, assesses the viability of potential defenses, provides an anticipated budget to allow for proper reserving, and offers clear recommendations for a successful resolution to the claim.
After evaluating the documents provided to us, our attorneys identify witnesses to interview and additional documents needed to complete the factual picture for the case. If necessary, we will call or meet with medical providers to gather information about diagnoses, treatment plans, and return to work options. If other avenues of investigation are available, we explore those options, keeping in mind the ultimate financial exposure of an individual case.
We provide detailed report letters every 30 days and also communicate with our clients whenever new information becomes available. Our update letters provide a clear picture of new facts, how those facts impact the claim, and a continued plan of action.
Ken David & Associates attorneys provide a Claim Action Plan (CAP) every quarter on every file. The CAP includes a snapshot of our current assessment of the case with recommended actions. The CAP is designed to be a quick reference for claims handlers, supervisors, claims managers, and risk managers. The basic information in every CAP includes the names of all parties, all relevant file numbers, litigation status, disputed issues and body parts involved in the claim. The CAP provides detailed updated information on:
- Facts in the Case: an overview of the current facts of the case with updated information from the previous CAP recommendations.
- Depositions and Other Discovery: a schedule of discovery events/deadlines as well as the desired result of each tool utilized.
- Medicare Issues: addressing whether an MSA is required, how to reduce the cost of an MSA, and any conditional payment issues.
- Settlement (Demand/Evaluation/Authority): a breakdown of exposure when settlement is appropriate, as well as any demands made in the case and the status of any settlement negotiations.
- Budget Considerations: updating expense costs and projections to ensure value-added service.
- Third Party/Subrogation Potential: an assessment of the viability of any claims against other parties, which could mitigate exposure.
- Action Plan: articulating an item by item plan of action we anticipate taking after gathering facts, evaluating evidence, and communicating with clients.
Once all information is gathered and analyzed, we prepare a detailed assessment documenting all relevant facts, issues, and options for future action. The responsible attorney is available to discuss any case to ensure all information is adequately conveyed and all questions are addressed.
If the client chooses to proceed with litigation, all members of Ken David & Associates have extensive experience trying cases before the Georgia State Board of Workers’ Compensation and all Georgia State, Superior and Federal Courts. If settlement is the selected course of action, our attorneys implement negotiations immediately; preparing the documents, resolving all liens and getting the proposed settlement approved by the State Board. On each claim that is settled with the closure of medical treatment, our attorneys address all Medicare issues to confirm Medicare’s interests are taken into account.
When the claim is resolved and the client’s needs are met, files are closed promptly. A final letter confirms our readiness to close the file. Final bills are forwarded to the client within five business days of the final letter.