Personal Injury & Wrongful Death

Excessive Force Used In Detaining A Shoplifter

Today we read newspaper accounts about a suspected shoplifter being killed by security personnel at a local Walmart here in Georgia. According to news accounts, the suspected shoplifter allegedly took some merchandise with him outside the store at which point he was tackled to the ground and then held in a “choke hold” for an undetermined period of time. When the police arrived the suspect was motionless and determined to be dead, apparently from trauma inflicted when he was subdued.
Under Georgia law, shopkeepers have
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The Impact Of Pre-Existing Injuries On Personal Injury Cases

All experienced attorneys that practice in the personal injury field are familiar with insurance companies attempting to exploit prior injuries sustained by clients. The argument often used is that the injury caused in the car wreck, tractor-trailer accident, slip and fall incident, or other personal injury case was not caused by the negligence of the person being sued, but rather, that the victim of the negligence is simply malingering and/or claiming damages for a pre-existing injury. Insurance companies subpoena health records as far back as
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Five Hour Energy Drinks: A Potential Killer

According to the Food and Drug Administration (FDA), it has received reports of 13 deaths associated with the use of the popular “Five Hour Energy” drink. Because the FDA’s investigation is ongoing, currently it is not known what has caused these reported deaths. Is it because the product has too much caffeine that results in heart attacks? Or is it because of other ingredients in the drink which are not subject to FDA regulations (because it is considered a dietary supplement)? The Five Hour Energy
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Using The Glasgow Coma Scale To Determine The Severity Of Brain Injury

In many of our serious automobile collision cases we unfortunately find ourselves representing victims of a traumatically induced brain injury. During any serious car accident, unfortunately victims oftentimes strike their heads either on the seat or some other interior portion of the car. This can sometimes result in a loss of consciousness, confusion, dizziness or otherwise. When emergency personnel arrive at the scene of a serious wreck and diagnose those who appear to be confused or dazed, they typically use an assessment tool called
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Mild Traumatic Brain Injury: A Serious Problem

The term “mild” traumatic brain injury is very misleading. While the descriptor “mild” typically refers to the severity of the trauma that resulted in the injury, oftentimes in a personal injury context it does not come close to describing the severity of the consequences of the injury. Even though the trauma may be mild, the long term consequences of the injury may be anything other than mild and oftentimes are quite serious.
The vast majority of people who experience a mild traumatic brain injury
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What Is A Traumatic Brain Injury?

Traumatic brain injuries typically involve transient periods of some type of neurological dysfunction which can range from brief periods of confusion or dizziness to headaches and/or seizures, sometimes involving nausea. The term concussion is oftentimes used interchangeably with the term “mild traumatic brain injury” or MTBI. The Quality Standards Subcommittee of The American Academy of Neurology has recognized that concussions may occur without the loss of consciousness. There are three grades of concussions according The Academy of Neurology. A Grade 1 concussion involves transient
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Aggravation Of Pre-Existing Injuries

In our trial practice we are often presented with cases where the client had a pre-existing medical condition which was aggravated by an accident. As an example, someone can have asymptomatic degenerative disk disease, be involved in an automobile collision and thereafter begin to experience symptoms of pain because of the injury to their neck or back. Someone can have any asymptomatic pre-existing condition, which is aggravated by the trauma from an accident, which causes the pre-existing condition to become asymptomatic. Obviously, the issue in
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Saying No To Clients: The Requirements Of Professionalism

There is one duty that a lawyer owes to his client and that is to be truthful with them. In many cases clients need counseling and need it badly. Sometimes clients do not want to hear the truth and take pains to avoid it. Oftentimes clients will turn on their attorneys when the attorney tries to tell them the truth of their situation. In such circumstances the client will accuse the lawyer of not being zealous in his or her representation or not believing in
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High Speed Pursuits For Stolen Vehicles: Are They Justified?

When the police encounter a stolen vehicle and attempt to stop it with their blue lights and the driver takes off, the question is whether the public is well served when the police engage in a high speed pursuit thereafter. Clearly the suspect wishes to escape apprehension and is willing to travel at high speeds endangering the lives of the public. The only way they will be apprehended is if the police are successful during their pursuit in running them off the road, using stop sticks or otherwise blockading them. During the pursuit, however, the entire public is endangered and it is quite likely that as the speeds get higher and higher and the offender becomes more and more desperate at escaping apprehension the dangers will increase and tragedy to innocent third parties may result.

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Settling Serious Injury Cases Out Of Court

In many car accident and personal injury cases, clients often wish to “settle out of course” so as to avoid the stress, anxiety and uncertainty of a jury trial. In many cases this is entirely possible and the client can still achieve a settlement that approximates the fair value of their case. However, in a certain number of cases, settlement offers pre-trial may not constitute adequate compensation for the damage inflicted and thus a jury trial may be a necessity. Sometimes, despite the
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Top 10 Questions to Ask Before Hiring a Truck Accident Lawyer

In the aftermath of a truck accident, navigating legal proceedings can be overwhelming. From mounting medical bills to complex insurance claims, victims often find themselves in need of legal assistance. Choosing the right truck accident lawyer is crucial to ensuring fair compensation and navigating the complexities of the legal system. To aid in this process, here are the top 10 questions to ask before hiring a truck accident lawyer.

10 questions to ask before hiring a truck accident lawyer

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The Role of Medical Malpractice in Truck Accident Cases: How to Seek Justice

Truck accidents can have devastating consequences, often resulting in serious injuries, fatalities, and significant property damage. When such accidents occur, the focus is often on factors like driver fatigue, distracted driving, or mechanical failures. However, another crucial aspect that can impact the outcome of truck accident cases is medical malpractice.

Medical malpractice refers to negligence or errors committed by healthcare professionals, including doctors, nurses, and hospital staff, in providing medical treatment to patients. In the context of truck accidents, medical malpractice
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5 Common Causes of Truck Accidents: Insights from a Truck Accident Lawyer

Introduction: Truck accidents can be devastating, often resulting in serious injuries, fatalities, and significant property damage. As a truck accident lawyer, I have witnessed firsthand the aftermath of these tragic incidents. Understanding the common causes of truck accidents is crucial for both truck drivers and other motorists to mitigate risks and enhance road safety. In this article, we will delve into five prevalent factors contributing to truck accidents based on insights gained from legal expertise and industry knowledge.

Driver Fatigue:

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How Inexperienced Driving Can Lead to Truck Accidents 

Driving is a complex skill that demands attention, experience, and a deep understanding of road safety principles. 

When it comes to handling large vehicles like trucks, the stakes are even higher. 

Inexperienced driving, characterized by a lack of practice, knowledge, or training, poses significant risks on the road. 

This article delves into the intricate relationship between inexperienced driving and truck accidents, shedding light on the various factors contributing to this

alarming phenomenon.

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Exploring the Relationship Between Strict Liability and Product Liability

Understanding the relationship between these two legal concepts is crucial for navigating the complexities of modern commerce and consumer protection laws.

History of Product Liability Laws

Product liability laws have evolved significantly over time, reflecting changing societal attitudes towards consumer safety and accountability. 

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Identifying Causes of Birth Brain Injury Could Prevent Complications

Birth brain injury is a significant concern affecting infants worldwide. 

Understanding the causes of birth brain injury is crucial for preventing complications and ensuring better outcomes for newborns. 

This article explores the various factors that contribute to birth brain injury and emphasizes the importance of early identification and intervention.

Understanding Birth Brain Injury

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Is a Cancer Misdiagnosis Considered to Be Medical Malpractice?

Medical malpractice is a serious concern within the healthcare industry, with patients relying on accurate diagnoses for effective treatment and care. 

However, in cases where a cancer diagnosis is incorrect or delayed, questions arise regarding whether such errors constitute medical malpractice. 

This article delves into the complexities of cancer misdiagnosis and its legal implications, providing insights into the challenges faced by patients and healthcare professionals alike.

In the realm of healthcare, accurate diagnosis

forms the cornerstone of effective treatment.

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Charged with Hit and Run in Georgia?

Hit and run incidents can be distressing and legally complex situations, particularly in the state of Georgia.

Understanding the nuances of hit and run charges, penalties, and legal options is crucial for anyone facing such allegations. 

This article aims to provide comprehensive guidance through ten frequently asked questions about being charged with hit and run in Georgia.

Hit and run incidents involve a driver leaving the scene of an accident without providing necessary information or

assistance to the affected parties.

 In Georgia, as in most jurisdictions, hit and run is considered a serious offense with severe legal consequences.

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Locating a Car Accident Lawyer Nearby

Car accidents are distressing events that can leave individuals facing significant physical, emotional, and financial burdens. 

In such challenging times, having the right legal representation is crucial for navigating the complexities of the legal system and seeking fair compensation for damages incurred. 

However, finding a car accident lawyer nearby who is experienced, reputable, and trustworthy can be a daunting task. 

This comprehensive guide aims to provide valuable insights and practical tips

for locating a car accident lawyer nearby.

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Navigating Car Accidents in Atlanta, Georgia: A Comprehensive Guide

Navigating the aftermath of a car accident in Atlanta, Georgia, requires a comprehensive understanding of the intricacies involved. 

Whether you’re a resident or a visitor, knowing the essential steps to take can make a significant difference in handling such challenging situations.

Common Causes

Weather Conditions

Atlanta’s unpredictable weather can contribute to road hazards. 

From sudden rainstorms to icy conditions, understanding how weather affects driving can help prevent accidents.

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