Personal Injury

Senate Passes Bill To Help Prevent Food Borne Illnesses

Today, the United States approved the biggest overhaul to the nation’s food safety laws since the 1930s. By a bipartisan vote of 73-to-25 the new law would gives new authorities to the Food and Drug Administration, places new responsibilities on farmers and food companies to prevent contamination, and for the first time, sets safety standards for imported foods.
The Senate vote was one of the few pieces of legislation to receive bipartisan approval in years. The House of Representatives approved a more stringent version of
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Suing State Government In Georgia: Exceptions to Sovereign Immunity

There is a State Tort Claims Act found at O.C.G.A. § 50-21-20, et. seq. The Act resulted from an amendment to the Georgia Constitution and became law in April of 1992. It was intended to provide a remedy for torts committed by State officers and employees and establishes a procedure to waive sovereign immunity under certain circumstances to allow suits against the State for tortious acts of state agents, employees and/or officers. Individual State officers and/or employees may not be named as a party to a lawsuit. Under the State Tort Claims Act, the exclusive remedy for a tort committed by a State employee is an action against the state agency involved and not against the employee personally.

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Nursing Homes Hide Behind Confusing Ownership

Our Atlanta based attorneys frequently pursue cases against nursing homes involving horrible neglect and abuse of elderly and disabled persons.
In most of these cases our attorneys must sort through a maze of companies and entities designed to hide the true ownership of these offending entities and thereby avoid responsibility.
It is encouraging to see that several national lawmakers in the health policy world now want want nursing homes to be more open about who’s running them.
Sens. Max Baucus (D-Mont.), Chuck Grassley (R-Iowa)
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Toy Safety Report Released

The U.S. Public Interest Research Group, a private consumer advocacy group, recently released its 25th annual study of toy safety. It reported that only a small fraction of children’s toys tested for toxic substances and choking risks have been found to violate federal safety regulations.

The group’s public health advocate commented that while the study did not find perfection in toy safety, it did indicate progress.

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Medical Errors Kill 15,000 Medicare Patients Each Month, According to Inspector General

A disturbing Inspector General report from the shows that medical errors are harming and killing our senior citizens at alarming rates.

An estimated 15,000 Medicare patients die each month, and many more are injured, because of usually preventable medical mistakes in hospitals and other facilities.

The report focused on “adverse events,” defined as “harm to a patient as a result of medical care, such as infection associated with use of a catheter,” and “never events,” which are specific “serious events, such as surgery on the wrong patient, that the National Quality Forum (NQF) deemed ‘should never occur in a health care setting.’”

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Suing The Government: Exceptions to Sovereign Immunity

Today we received a telephone call from a client who had been injured on some school property. The client was vaguely aware of the doctrine of sovereign immunity and unfortunately for this particular person their claim was completely barred by operation of law. Why: because of the doctrine of Sovereign Immunity?
The law has long been that lawsuits against government official performing their discretionary and official job functions are discouraged. If it were not otherwise there would be litigation every time someone disagreed with what
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Products Liability-Manufacturers Are Responsible For Dangerous Products

Products should meet the ordinary expectations of consumers. If a product is defective and dangerous, then the designer, manufacturer and/or seller can be held accountable for any injuries or deaths that result. There are a number of different types of product liability cases.
Defective in Design: In a design-defect case, the dangerous product is in the condition intended by the manufacturer, but the design itself is unsafe.
Defects in Manufacturing: In a manufacturing defect case, the product’s design was safe, but the way
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Nursing Home and Insurance Company Abuse of Elderly and Disabled

Our Atlanta based attorneys have and are litigating cases against nursing homes involving almost unspeakable abuses of elderly and vulnerable patients. These civil suits help uncover abuses by nursing home and insurance companies, according to a new report by the American Association for Justice.

“Where regulatory and legislative bodies have been unable to cope with this distressing rise of neglect and abuse of our elderly, the civil justice system has stepped into the breach,” said the AAJ President, in a statement accompanying the release of the report, “Standing Up For Seniors: How the Civil Justice System Protects Elderly Americans.”

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On-The-Job Accident Results In Death Of Georgia Worker

The Associated Press reported this week that 37 year old Jimmy Roubles of Augusta died in a construction accident when a trench caved in on him while he and a co-worker were installing pipes six feet underground. The article did not indicate whether this man was married or whether he had children. If he left dependants, they will be entitled to Georgia “death benefits” under the Georgia Workers’ Compensation Act; although the benefits are pitiful and limited.

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Motorcycle Accident In Henry County Involves Hit-And-Run Driver

Georgia injury lawyers know that motorcycle accidents often result in serious injuries and even death for the biker. Today WSBTV reported that a motorcyclist was severely injured as a result of a hit-and-run crash in Henry County. Justin Haynes, age 34, was struck at Fairview and East Atlanta Rd in Ellenwood by a female driving a black Toyota Highlander. According to police, the women stopped but then drove off.
Hit-and-run accidents are becoming more common in Atlanta. There is a 24 year old woman on trial this week who is accused of causing a collision which took the lives of several innocent people. In that case, the woman left the scene and was then assisted by her mother in attempting to cover it up.
Georgia law provides that if someone negligently injures or kills someone and there are aggravating circumstances involved, such as being intoxicated of leaving the scene and failing to render aid, the offending party may be liable for punitive damages.

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Sex Abuse in Child Care and Day Care Centers: Obtaining Justice for Victims of Sexual Molestation

Two years ago at our law firm, I received a phone call I could not believe–another episode of sexual abuse of a a young child, entrusted to the care of a prominent day care center.

The child’s mother said her lawyer did not know what to do to help her. She was told to call our law firm because we had successfully helped other families whose children had been molested in child care or after school programs.

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Closing Arguments: Be An Ambassador

As we all know, trial lawyers are under assault by the business community. We are accused of being sleazy, money hungry ambulance chasers. I need not further discuss this nationwide propaganda campaign, but suffice it to say, our public image has been and continues to be at risk. Accordingly, it is imperative that as trial attorneys we conduct ourselves as ambassadors for justice when we appear in a courtroom.
The best way to get a favorable result in any case is to exude confidence and
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“Jackpot Justice”

It is amazing to watch television commercials advertising lawyer services for personal injury cases. One often sees a client holding a fist full of cash praising their lawyer for securing a large cash settlement. The client is typically shown smiling and happily talking about how much money they received from their personal injury claim. These ads have often surprised me because it is typically only in the very serious case that clients receive large settlement amounts and in those cases, they usually deserve the
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Asserting Claims Against the Government

Any lawyer who has a client with a claim against any branch of government knows full well that there needs to be investigation of that claim in order to be successful in prosecuting it. One of the first steps in the process is to serve a timely ante-litem notice claim within six months of the claims against a municipality or within twelve months if it involves a claim against the State or a county government agency. We have previously blogged about these requirements in
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Closing Arguments: When Appropriate,Remind Jurors Of Their Oaths

In the typical negligence case, it is not necessary that a jury be reminded that they have taken an oath to set aside any prejudice or biases they have and to render a verdict solely on the evidence and the law presented to them. However, there are cases of a more controversial nature where it might be necessary for counsel to consider reminding the jury of its oath. Examples would include medical malpractice cases and other controversial cases such as high speed police pursuits.
We
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Closing Arguments: Follow the Fundamental Rules

As discussed above, counsel should utilize the structure in delivering his/her summation. If counsel is disorganized in his approach, the jurors will not follow the arguments made and subliminally will believe that counsel is not entitled to a verdict. Again this is a fundamental rule of a winning summation.
Although the fundamental dos are sometimes easy to recognize, there are some fundamental don’ts as well. For example, do not select an issue that an intelligent juror will recognize as being disingenuous or phoney. Never misstate
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Closing Arguments: Remember Why You Are There

In a hotly contested liability case, it is often easy for counsel to forget that the reason they are there is to achieve a favorable monetary verdict for their client. It is tempting sometimes to spend far too much time discussing liability thereby leaving counsel with little or no time to discuss damages. The reason we are in Court is to try to get a verdict to compensate our client for the damages they have sustained. Obviously, we have to discuss liability. However, we should
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Closing Arguments: Speak From The Heart

As stated above, it is most important that counsel appear to be completely sincere in everything he says and does. The best way to do this is to speak from the heart and tell the jury exactly what you think. If the jury senses that counsel is speaking candidly in a forthright manner about the issues in the case, the jury is more likely to have confidence in what is being said.
If you speak from the heart, by definition, you are being yourself. If
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Closing Arguments: Use Demonstrative and Trial Exhibits

Every good trial lawyer knows that a jury remembers best that which they both hear and see. Accordingly, demonstrative exhibits should always be used during closing argument. Sometimes demonstrative exhibits are necessary in order to emphasize a point about liability. Sometimes they are used to emphasize principles of law.
Effective demonstratives can also be used to discuss damages. A good closing argument might use demonstratives in all of these areas. In short, a well prepared demonstrative exhibit will assist counsel in making his point while
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Closing Arguments: Use the Rules Governing The Case

In giving a closing argument, it is essential that counsel use the legal language of the case. The court will be instructing the jury on various principles of law that could be absolutely crucial in the jury’s determination of the facts. Thus, when discussing a case with the jury, counsel should use the language of the case. Counsel should use and explain terms such as “preponderance of the evidence,” “proximate cause,” “breach of duty,” “failure to exercise ordinary care,” “negligence,” and “damages.” If, for example,
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