Practice areas: Personal Injury
Licensed in Georgia since: 2001
Education: Georgia State University College of Law
Languages spoken: English, Spanish
Selected to Super Lawyers: 2019 - 2027 
Selected to Rising Stars: 2014 
Free Consultation Ben F. Windham, P.C.
461 3rd StMacon, GA 31201 Phone: 678-565-8686 Email: Ben F. Windham Visit website
Ben F. Windham is the founder of Ben F. Windham, P.C., and provides legal services to people throughout the state of Georgia. He specializes his practice in personal injury, wrongful death and premises liability, seeking compensation for victims of nursing home neglect, motorcycle accidents, burns, car accidents, boating accidents, tractor-trailer collisions with passenger vehicles, bicycle accidents, criminal acts due to lack of security, slip-and-falls, wrongful arrest and construction code violations that lead to injury.
A native of Atlanta, Georgia, Mr. Windham earned a Bachelor of Arts in history from Texas Christian University in 1997. He then went to Georgia State University College of Law, becoming a member of Phi Delta Phi and receiving his Juris Doctor in 2001.
After working a brief time for a law firm, Mr. Windham decided to open his own legal practice. He knows the challenges that the average person faces after being injured and is dedicated in helping them win the compensation to which they are entitled. Mr. Windham is a member of the Ocmulgee Circuit Bar Association and was vice president and president of the Henry County Bar Association. He is admitted to the United States District Court for the Northern District of Georgia, the United States District Court for the Middle District of Georgia, the Court of Appeals of Georgia and the Supreme Court of Georgia.
In addition to serving his clients, Mr. Windham also serves his community. He is a member of the Georgia Trial Lawyers Association, the American Association for Justice and is involved with the Tuberous Sclerosis Alliance. Mr. Windham also speaks Spanish.
First Admitted: 2001, Georgia
Professional Webpage: https://windhamlaw.com/attorney-profiles/
Bar / Professional Activity
- Georgia, 2001
- United States District Court Northern District of Georgia, 2002
- Member, Ocmulgee Circuit Bar Association
- President, Henry County Bar Association , 2003
- Georgia Court of Appeals, 2001
- Vice President, Henry County Bar Association , 2002
- Member, Georgia Trial Lawyers Association, 2001 - 2023
- Moderated Judicial Panel on Discovery at the Georgia Trial Lawyers Association's Winter Seminar. , 2013
- Supreme Court of Georgia, 2001
- United States District Court Middle District of Georgia, 2012
Verdicts / Settlements (Case Results)
- $11,000,000.00 in Premises Liability Death case, 2024
- $750,000.00 Recovery in Trucking Collision, 2024
- $1,500,000.00 Recovery in Trucking Collision, 2024
- $1,,000,000 Slip and Fall in bathroom of apartment complex, 2023
- $1,100,000.00 pedestrian automobile collision, 2021
- $800,000.00 trucking collision, 2022
- $450,000.00 soft tissue commercial pickup truck collision, 2022
- $5,000,000.00 premises liability settlement, 2017
- Auto Collision Recovery $950,000.00, 2019
- Invasion of Privacy $300,000.00
- Obtained $100,000.00 for passenger of a motorcyle who was thrown off of the back of the motorcycle when the driver negligently drove over a pot hole in the road., 2014
- Wrongful Death $181,000.00
- Recently Ben F. Windham successfully defended a family being sued by Bank of America (BOA) for over $340,000.00 on a second mortgage. The family of four had paid and agreed to $40,000.00 to settle the second mortgage debt when they had to short sell their home. BOA engaged in a bait and switch through their loan servicer, and issued a release of only the Security Deed after receiving the $40,000.00 payment. BOA then sued the family for the $340,000.00 even though the debt had been negotiated. Mr. Windham successfully defended a dispositive Motion for Summary Judgment filed by the bank and brought multiple counterclaims against BOA including injury to credit reputation, false light invasion of privacy and punitive damages. BOA agreed to only settle the case for payment of 90% of the $340,000.00. Mr. Windham refused the offer and insisted upon going to trial on the counterclaims against BOA. With two days remaining before the beginning of the jury trial BOA dismissed all claims against Mr. Windham's clients With Prejudice, saving the family from financial ruin., 2015
- Wrongful Foreclosure $150,000.00
- Automobile Accident $1,000,000.00
- Negligent Security $100,000.00
- Abuse at an Assisted Living Facility $449,000.00
- Wrongful Foreclosure $155,000.00
- Premises Liability $300,000.00
- Obtained $400,000.00 for driver of a passenger automobile who incurred a lumbar disc injury after her car was swept off of the road by a truck driver for Inland Seafood Corporation. , 2015
- Box Truck Collision $250,000.00
- Obtained $200,000.00 recovery for driver of a passenger car who was injured upon being hit by a tractor trailer turning into a gas station while she was turning out. Plaintiff injured her shoulder and needed a nerve impingement release surgery. Medical bills were $50,000.00., 2015
- Commercial Vehicle Collision $175,000.00
- Tractor Trailer Collision $800,000.00
- Slip and Fall $77,000.00
- Automobile Accident $450,000.00
- Automobile Collision $100,000.00
- Motorcycle Collision $250,000.00
- Slip and Fall $50,000.00
- Property Dispute $249,000.00
- Obtained $125,000.00 for driver of a passenger vehicle who was hit at a low rate of speed by a tractor trailer in a parking lot. Plaintiff's car had slight, damage, however the impact injured her lumbar spine and resulted in a discectomy procedure. , 2014
- Plumbing Truck Collision $175,000.00
- Ben F. Windham recently represented a consumer against Ocwen Loan Servicing, Inc., the nation's largest mortgage loan servicer, in a Fair Debt Collection Practices Act case in the United States District Court for the Middle District of Georgia. The case stemmed from continued telephone harassment of a widow who could no longer pay her mortgage after the death of her husband. Despite the consumer having sent written letters to Ocwen to stop the calls and exercise the power of sale by foreclosing on the home, Ocwen continued to harass her multiple times a day, after hours and on weekends. Mr. Windham litigated the case against four attorneys with a large firm in Atlanta and was able to defend against dispositive motions and a large number of borderline frivolous pre-trial motions. In the end, the case settled just before trial with Ocwen buying out the remaining mortgage balance near one hundred thousand dollars, resulting in the elderly widow owning her home free and clear and also paying her attorney's fees. This is the second time in just over a year that the firm has been able to obtain complete mortgage forgiveness for a consumer that has been the victim of a lender or servicer's violations of fair debt collection laws, despite the financial entity defendant mounting an aggressive defense., 2015
- Notable 2012-13 Recoveries: $525,000.00 Respondeat Superior Road Wreck Case $450,000.00 Nursing Home Neglect $180,000.00 Product Liability Case against Golf Cart Distributor $100,000.00 Premises Liablility Case , 2012
- Tractor Trailer Collision $80,000.00
- Construction Vehicle Accident $525,000.00
- Box Truck Collision $150,000.00
- Commercial Debt Dispute $375,000.00
- Slip and Fall $87,000.00
Pro bono / Community Service
- Chair and Organizer of Coctails for the Cure benefitting the Tuberous Sclerosis Alliance to raise money for research grants for therapies and cures for the disease Tuberous Sclerosis Complex. Event is held annually at Lake Oconee and has raised over $100,000.00
- Chairs benefit at Lake Oconee that has raised over $100,000.00 for the Tuberous Sclerosis Alliance
Educational Background
- Texas Christian University, B.A. in History, Minor in Business Administration, 1997
Scholarly Lectures / Writings
- Moderated Judicial Panel comprised of four Georgia Jurists / Judges on various trial issues, including discovery, evidence and trial. , Judicial Panel Moderator, Georgia Trial Lawyers Association Winter Seminar, 2013
Honors
- Member, Phi Delta Phi Legal Fraternity
Industry Groups
- Automobile Collisions
- Premises Liability
- Product Liability
Office location for Ben F. Windham
461 3rd St
Macon, GA 31201
Selections
- Super Lawyers: 2019 - 2027
- Rising Stars: 2014