Herbert Chestnut | Savannah Personal Injury Lawyer

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About Herbert
Call today to learn more about my fee structure.
Experience
Senior Partner
Herbert Chestnut & Associates
Present
Savannah, GA
Admission
Georgia
1982
Education
Georgia Southern University
Bachelors
1979

Recognitions & Achievements
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Savannah Bar Association Member2020 - Present
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State Bar of Georgia Workers Compensation Section Member1982 - Present
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State Bar of Georgia Member1982 - Present
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Top 25 Blogs for Workers' Compensation Defense Base Act LexisNexis2008
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Workers' Compensation Attorney of the Year Consumer Business Review1999
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AV Rating |Martindale-Hubbell
Notable Work
Intermarine, US v. Betty Jean Johnson
This claim arose under the Longshore & Harbor Workers' Compensation Act and was initially heard before the Office of Administrative Law Judges. In a highly contested trial, Attorney Chestnut prevailed and was awarded benefits on behalf of his client. The Employer disagreed with the decision and appealed to the Benefits Review Board, the United States District Court, and, after Attorney Chestnut prevailed at both of those levels, to the 11th Circuit Court of Appeals, one step from the United States Supreme Court. The 11th Circuit affirmed the decisions of the lower court insuring that the claimant would continue to receive total disability benefits.
This claim arose out of a slip and fall at a school maintained by the Chatham-Savannah Public Schools. The trial judge granted the Board of Education's Motion for Summary Judgment and ruled that, as a matter of law, the Plaintiff had no right to even have a trial. Attorney Chestnut appealed the Judge's ruling and successfully convinced the Court of Appeals that the trial court's ruling was incorrect, allowing the plaintiff to proceed with her claim. The claim was successfully resolved thereafter.
HG.org Worldwide Legal Directories Hiring An Attorney The Five Questions You Should Always Ask
2008
The Defense Base Act Blog Congress considers taking over Workers’ Compensation under the Defense Base Act
2008
The Defense Base Act Blog Are you receiving the proper amount in Workers’ Compensation benefits?
2008
Ezine Articles Exclusive Remedy Provisions Why You Cannot Sue Your Own Employer When Injured
2008
Questions & Answers
Please describe a case in the last year or two where you made a big difference.
I represented an individual who had been injured overseas under circumstances that brought his claim under the jurisdiction of the Defense Base Act Extension to the Longshore & Harbor Workers' Compensation Act. The claimant's benefits had been completely discontinued and, despite our best efforts, we were not able to resolve the case through settlement. We took the case to trial, succeeding on the merits and obtaining an award entitling the claimant to full back benefits and maximum compensation benefits to continue indefinitely.
How did you build a successful practice?
The key to building a successful practice is merely a matter of caring for your clients and doing everything possible to obtain a fair result on their behalf. Clients are people, not just a number on a file and if you take the time to get to know your client, you will do a better job for them. Furthermore, I believe you build a successful practice by showing respect and being professional to attorneys who represent adverse parties. While it is your duty to zealously represent your clients' interests, you must do so within the bounds of the law, paying due respect to those opposing your claim.
What should clients look for in a lawyer?
Clients should look for someone who is going to be the person responsible for their claim. While many duties of an attorney can and will be delegated to office staff and paralegals, you should know who is responsible for your claim and feel comfortable discussing all aspects of the case with them. In order to effectively practice law, you have to believe in your client and your client should believe in you.
How important is local knowledge to the success of your cases?
Local knowledge is certainly helpful in representing clients. However, I do not believe 'it is who you know, not what you know" that matters. Any lawyer who practices in a certain geographic area will know the reputation of judges, other lawyers, doctors, and other individuals involved in a case. However, a good lawyer will be able to obtain this knowledge regardless of where he is from. The true key to success in a case is to take all of the facts of the case and present them in an ethical and effective manner to a judge or a jury. If one can achieve this, he or she should be successful regardless of "who he knows".
What information can you provide in a free phone consultation?
Basically, you can provide whatever information is necessary during a phone consultation. While it is nice to put a face with a name, in this day and time, that may not be possible. On the phone, one can get the facts of the claim, analyze the legal position of the client or potential client and give a legal opinion to the client.
What information do you need in a free phone consultation?
We need the facts of the case in as much detail as possible along with the procedural history of the claim and an idea of the client's expectations. Also, fees should be discussed if the claimant is to retain the attorney along with a full disclosure of costs and other items which would be charged to the claimant.
What differentiates you from other lawyers in your community?
My experience, my compassion, my empathy and the fact that I am not intimidated by other lawyers or my opposition, regardless of its size. Experience counts especially when you have litigated against certain parties in the past. Finally, my past successes set me apart from other attorneys.
What is the most rewarding aspect of your job?
Taking a situation that is totally unjust and not right and making it right. Obtaining justice for my clients. But the most rewarding part of my job is meeting and getting to know the clients who entrust their cases to me.
What are your other interests in addition to law?
Music, sports, reading, art.
Are you involved in your community?
Yes. I grew up in Savannah and have a large network of friends and family. I am coming back home after years in the Atlanta area and am anxious to get back into the community and become more involved.
Additional Info
Herbert Chestnut & Associates Highlights
Workers' Compensation, Employment, Accident & Injury