Hubert E. Hamilton

Hubert E. Hamilton

Hubert E. Hamilton is recognized as one of the Top Personal Injury Lawyers in Georgia and in Tennessee by Georgia Super Lawyers and by Mid-South Super Lawyers. He is a Board Certified Civil Trial Specialist (certified by the National Board of Trial Advocacy – NBTA). He has been ranked by Super Lawyers as one of the Top 100 of all lawyers in Tennessee.

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During his 45 years as a trial lawyer, Hu Hamilton has obtained millions and millions of dollars in settlements and judgments for severely injured clients and their families. He is licensed in Tennessee, Georgia and North Carolina.

A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.

Mr. Hamilton is “AV Preeminent Peer Review 5.0 out of 5″ rated by Martindale-Hubble, the leading peer based lawyer rating service:”AV® Preeminent ™ and BV® Distinguished™ are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.”

LEGAL ABILITY RATING OF “A”

Based on the standard of ability for the place or area where the lawyer practices, it takes into consideration experience, nature of practice and qualifications relevant to the profession. Where a lawyer’s practice is limited or specialized, rating opinions are made on the basis of performance in those Fields of Law. There are no minimum periods of time in practice required for any rating.

GENERAL RECOMMENDATION RATING OF “V”

Embraces faithful adherence to professional standards of conduct and ethics of the legal profession, professional reliability and diligence, and standards relevant to the attorney’s discharge of his or her professional responsibilities.

Professional Profiles

Education

  • Mercer University Law School, J.D., 1976
  • Vanderbilt University, B.A., 1973

Professional Background

1999 to Present

The Hamilton Firm LLC, 2401 Broad Street, Suite 102, Chattanooga, Tennessee 37408, focusing on catastrophic and serious personal injury and wrongful death injury cases.

1979 to 1998

Bennett & Hamilton, Rossville, Georgia, general trial practice for several years, then concentrating solely on personal injury, wrongful death and workplace injury cases.

1976 to 1979

Sole practitioner, Macon, Georgia, general civil and criminal practice.

Mr. Hamilton has been admitted to practice in all state courts in Georgia since 1976, and in all state courts in Tennessee since 1987. He is also admitted to practice in North Carolina, and in the United States District Courts for the Middle District of Georgia, the Northern District of Georgia, the Eastern District of Tennessee and the Sixth Circuit Court of Appeals.

Professional Memberships

  • American Association for Justice; AAJ Trucking Litigation Group; State Bar of Georgia; North Carolina State Bar; North Carolina Advocates for Justice.
  • Served on Challenge Committees for the Georgia Trial Lawyers Association in 2005-2006, and in 1987-1989, to support legal and constitutional challenges to tort reform legislation. Represented the plaintiff in Denton v. Con-way Southern Express, 261 Ga. 41 (1991) which overturned the collateral source statute enacted as part of Georgia’s 1987 tort “reform” legislation.
  • Also served as Budget Committee Chair and Legislative Committee Co-Chair for the Georgia Trial Lawyers Association.

Honors & Awards:

2002 Bill of Rights Award from the ACLU Foundation of Tennessee. 

“Those who expect to reap the blessings of freedom must . . . undergo the fatigue of supporting it.” Thomas Paine

Publications

  • Should a Truck Wreck Case Be Handled Like a Car Wreck Case?, The Tennessee Trial Lawyer (Journal of the Tennessee Trial Lawyers Association), Winter 2020, reprinted in 2021 in The Prairie Barrister, Vol. 27, No. 1 (Nebraska Association of Trial Attorneys).
  • How to Properly Prepare Your Personal Injury Client to Testify, The Tennessee Trial Lawyer (Journal of the Tennessee Trial Lawyers Association), Winter 2018/2019, updated and revised for Tennessee;
  • Preparing Your Personal Injury Client to Testify, The Verdict (Journal of the Georgia Trial Lawyers Association), Fall 2014 (Or, It’s hard to live your life in color and tell the truth in black and white), reprinted in 2015 in Trial Talk (Colorado Trial Lawyers Association) and in the Idaho Trial Lawyers Association Journal
  • Collateral Source Battle Still Not Over, The Verdict, July/August 1992
  • Challenges to Collateral Source Disclosure Pending Before Supreme Court, The Verdict, June/July/August 1990
  • Collateral Source Disclosure – Trial Practice Ideas and Suggestions, The Verdict, December 1988

Presentations

  • MSA’s and Settling Future Medical Care in Tennessee Workers Compensation Cases Using a MSA – Don’t Sell Your Client Short!  Tennessee Association for Justice Webinar, June 2014.
  • Annual Seminar & Convention, Trucking Track, Georgia Trial Lawyers, May 2013. Apportionment of Damages – The Good, The Bad & The Ugly (A Conversation with an Empty Chair)
  • Catastrophic Commercial Vehicle Cases Seminar, Institute of Continuing Legal Education, Atlanta, GA, March 2013: Taking Advantage of Apportionment of Fault and Avoiding the Pitfalls of Non-Party Fault in Trucking Cases
  • Advanced Workers’ Compensation Seminar, Chattanooga, TN, July 2012: Comparing Georgia and Tennessee Workers’ Compensation
  • Technology Workshop, Georgia Trial Lawyers Association, March 2008: CaseMap and TextMap in Plaintiff’s Practice
  • Practicing Law After SB3, Georgia Trial Lawyers Association, March 2005: It’s Déjà Vu All Over Again!
  • Co-Chair, Georgia Trial Lawyers Association “Nuts and Bolts Workers Compensation” Seminar, March 2002
  • Identifying Issues and Building a Winning Case, Georgia Trial Lawyers Association, 1994: Start at the Very Beginning – Don’t wreck your case by forgetting the fundamentals, case intake, investigation and discovery
  • Life After No-Fault, Georgia Trial Lawyers Association, October 1991: The Unholy Triumvirate: Collateral Source, Set-Off and Subrogation
  • Proof of Liability and Damages, Georgia Trial Lawyers Association, December 1988: Slip and Fall – Getting the Six Figure Verdict
  • Fall Workshop, Georgia Trial Lawyers Association, November 1987: Practical Approaches to Tort Reform
  • Annual Seminar and Convention, Georgia Trial Lawyers Association, April 1986: Drunk Driving: Third Party Liability

Reported Appellate Decisions (Civil Cases Only)

  • Bright v. Sandstone Hospitality LLC, 755 S.E.2d 899; 2014 Ga. App. LEXIS 288 (2014) 
  • The Hospital Authority of Gwinnett County v. Rapson, 283 Ga. App. 297 (2007)
  • North Georgia Electric Membership Corp. v. Webb, 246 Ga. App. 316, (2000)
  • City of Dalton v. Gene Rogers Construction, 223 Ga. App. 819 (1996)
  • Mathis v. Bowater, Inc. 985 F.2d 277 (6th Cir. 1993)
  • Denton v. Con-way Southern Express, 261 Ga. 41 (1991)
  • Goforth v. Wigley, 178 Ga. App. 558 (1986)
  • Walkley v. Dukes, 175 Ga. App. 820 (1985)
  • Allstate Insurance Co. v. Baugh, 173 Ga. App. 615 (1985)
  • Wallace v. Yarbrough, 155 Ga. App. 184 (1980)
  • Middlebrooks v. Lonas, 246 Ga. 720 (1980)
  • Cooper v. Mason, 155 Ga. App. 793 (1979)
  • Tucker v. Mappin, 149 Ga. App. 847 (1979)
  • Cumbie v. Cumbie, 146 Ga. App. 704 (1978)

Bisected by the Tennessee River, bordering Georgia and Alabama, at the junction of three interstate highways, including the heavily traveled I-75 corridor, Chattanooga, Tennessee is both a historic railroad town and a modern transportation hub.  I-24 begins in Chattanooga running northwest toward Nashville, TN.  I-59 also begins just outside Chattanooga and runs south toward Birmingham, AL.  To the south, toward Atlanta along I-75, lies Dalton, GA a world center for the carpet and flooring industry. Chattanooga’s diversified economy includes the Volkswagen North American assembly plant, as well as insurance giants Blue Cross Blue Shield and Unum.  Chattanooga is also a major tourist destination attracting millions of visitors each year.  As a result, The Hamilton Firm LLC focus much of its work on representation of persons injured in trucking and transportation related cases as well as serious workplace injury cases.

Chattanooga is the headquarters for two of the nation’s major trucking companies, U.S. Xpress and Covenant Transport. And as crossroads city, Chattanooga ranks first in the nation among all metropolitan cities for the volume of freight moving through the city by truck (according to a recent freight study by Cambridge Systematics and reported in the Chattanooga Times Free Press). Problem areas include the interchanges as well as the entire section of I-24 from I-59 to I-75, and I-75 north to Cleveland, TN. Tractor trailers, while essential to a thriving economy, also present great risks to the traveling public if not operated safely by well trained professional drivers with well maintained equipment.

Chattanooga is also a rail hub for Norfolk Southern and CSX railroads.  Travel, transport and commerce by water, rail and road are essential to our lives and economy, but all the economic activity also brings traffic and congestion, which can lead to more wrecks, accidents and injuries.  This can be a volatile mix when combined with the high freight volume on tractor trailers traveling through or originating in the area.