Personal Injury

Crib and Playpen Injuries Studied

Cribs, playpens, and bassinets continue to injure and kill infants with alarming frequency.
A study published this week in the journal Pediatrics reveals the alarming frequency of injuries to babies who have been placed in cribs, playpens or bassinets.
A review of emergency-room treatments for more than 181,000 babies age 2 and under from 1990 to 2008 showed an average of 113 deaths per year from accidents associated with those three pieces of nursery equipment.
The number which is considered low because such deaths are
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The Importance Of Uninsured/Underinsured Motorist Coverage

We have previously written about the importance of uninsured motorist coverage, particularly in today’s economic times. In this article we wish to reemphasize how important it is that Georgia residents protect themselves with uninsured motorist coverage if at all possible within their family budget. The reason for this is because more and more motorists are driving with the minimum limits required by law, which is only $25,000.00 per person and many are driving with no insurance whatsoever, taking their chances with the law. The economy,
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Deaths Reported From Infant Child Monitors — Recall Issued

The Consumer Product Safety Commission has recalled nearly 2 million baby monitors due to the risk of infant strangulation by the monitors’ electrical cords. The CPCS initiated the recall due to seven cases of infant strangulation in recent months.
The reported injuries and deaths include:
A 10 month-old Washington, D.C. infant died in March when she became tangled in the camera cord of a Summer infant monitor. The monitor camera had been attached to the top rail of her crib;
In November of last year,
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Victims Of Crime And Personal Injury Claims

Our firm is often contacted by those who have been victimized by a criminal act seeking advice as to whether they have a claim against the perpetrator of the crime. These cases come to us in a variety of different contexts. Sometimes a rape victim is interested in determining whether they have a claim against a hotel that negligently allowed the attack by a former employee or failed to provide adequate security with respect to the security of their room. We have had similar calls
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Car Accident Cases: How Does One Determine Settlement Value?

If someone breaks a leg in a car accident and incurs $20,000.00 in medical bills and is out of work for three or four months due to doctors’ appointments, surgery, etc., how does one determine the value of such a claim? Indeed, how does anyone determine the value of any personal injury claim? The answer is by looking at available jury research service data to determine what juries typically award for the value of certain types of injuries. If someone breaks a leg in
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Car Accident Cases And Quick Cash Settlements: A Bad Idea

As we have blogged about previously, unless a car accident victim suffers minor injuries, it is typically not in their interests to try to get a quick cash settlement. Yes, these can be some temporary financial hardships caused by the delay in securing a settlement, however, patience is the watch word in many of these cases unless the client is in such desperate need for money that they have no choice but to significantly discount the value of their claim in order to get a quick cash settlement. Before this course of action is decided upon, however, clients need to be educated by their attorneys as to the costs involved in trying to get a quick cash settlement.

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Car Accidents And Quick Cash Settlements

Here in Atlanta we have had an extended break from work due to icy road conditions. Most of our lawyers have not been able to get into work so we have been watching some television during the day. What is fascinating is the number of lawyer ads on television particularly pitching for personal injury cases. What is troubling, however, is the pitch that many of the law firms promised to get “quick cash settlements” for car accident victims.

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In An Accident While Traveling Out Of Town: What Law Controls?

We are often called by clients who have traveled through the Atlanta area only to be the unfortunate victim of a third party’s negligence. Calls usually come from those in car accidents or tractor-trailer collisions. Sometimes a slip and fall is involved or a defective product. These innocent persons sometimes are hospitalized following the incident in Georgia and then sent back to their home states for follow up treatment. When they reach out to an attorney the usually are being overwhelmed with medical
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Wrongful Death Cases: Who Has The Claim?

It is not unusual for our firm to be contacted by family members who are bereaved over the death of a close family relative. Oftentimes the individual is killed through the negligence of a third party and the family member simply wants to understand the law that pertains to the claim. Sometimes, however, family members can get in an argument among themselves as to who has the right to pursue the claim for the wrongful death. While Georgia, like many states, has a statutory scheme
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Structured Settlements In Serious Injury Cases

In any serious injury case involving permanent or lifetime injuries, careful consideration should be given to whether a structured settlement should be part of any settlement of such a case. A structured settlement agreement is a device whereby if the overall lump sum amount can be agreed upon, a certain percentage of it can be set aside and invested in an annuity that will pay benefits over the victim’s lifetime, usually on a monthly basis. Such benefits are extremely important for people who are disabled because it provides them a safety net and allows them to pay rent and other necessary living expenses as they grow older. Particularly in those cases where a victim is incapacitated and unable to work, a structured settlement agreement can provide a lifetime of revenue for necessary living expenses.

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MEDICAL EXPENSES OR OTHER BENEFITS WITH SUBROGATION

Subrogation is a complicated concept, likely unfamiliar until you find yourself entangled in a lawsuit. In the realm of personal injury cases, it empowers insurance providers to step into the injured party’s shoes, posing critical questions about medical expenses and responsibility.

Illustrating Subrogation in Personal Injury

Imagine being in a car accident through no fault of your own, resulting in medical treatments covered by your health insurance. If you decide to sue the at-fault driver, the crux becomes whether their insurance should reimburse your

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How to Prepare a Good Personal Injury Demand

To start, let’s define what a demand is. Demands come in many forms, but when it comes to personal injury, a market is a written formal request for payment to settle an outstanding claim or legal matter.  More simply, it is an offer stating the amount of money it would take for your client to pay all claims and dismiss or refrain from filing a lawsuit against the party that caused harm.  Accordingly, it must be presented well.

Writing a demand is an

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Damages in a Georgia Medical Malpractice Case

Understanding the intricacies of damages is crucial in legal battles concerning medical malpractice. 

These cases involve compensation for various losses incurred by the plaintiff due to negligent medical care. 

Contrary to popular belief, the scope of damages in a medical malpractice case is not vastly different from those in typical personal injury cases. 

Both general and special damages constitute the core elements of compensation that a plaintiff is entitled to recover.

General Damages: Pain, Suffering, and Beyond

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Time Limitations in Georgia Medical Malpractice Cases

Time is a pivotal factor in legal proceedings, especially when dealing with medical malpractice cases in Georgia. 

These cases come with stringent limitations and exceptions, shaping the window of opportunity for seeking justice. 

Understanding the intricacies of these limitations is crucial, as they significantly impact the ability to pursue a case successfully.

Statute of Limitations: A Race Against Time

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Filing A Federal Tort Claims Act Case

In the realm of legal proceedings, understanding the nuances of filing a Federal Tort Claims Act (FTCA) case can be a complex but crucial endeavor.

Whether you’ve suffered injury, property damage, or any form of harm due to the actions of a federal government employee, the FTCA provides a path for seeking compensation.

This article delves into the process of filing an FTCA case, offering insights and guidance every step of the way.

Understanding the Federal Tort Claims Act

The FTCA is rooted in

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Trucking Accidents and Commercial Vehicle Accidents in Georgia

Georgia trucking accidents and commercial vehicle accidents are significantly different than typical motor vehicle collisions that involve two individuals driving privately in vehicles and are not working on behalf of their employer at the time of the wreck.  The primary reason for this is that tractor-trailers and other commercial vehicles are governed by the Federal Motor Carrier Safety Regulations, which have also been adopted by the State of Georgia.  A “commercial vehicle” is defined as any vehicle used on the highway or interstate
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Georgia Medical Malpractice Cases in the Time of COVID-19

Prior the COVID-19 pandemic, in order to successfully bring a medical malpractice claim in Georgia, a plaintiff was required to offer expert medical testimony to the effect that the defendant physician or healthcare provider failed to exercise that degree of care and skill which would ordinarily have been employed by the medical profession generally under the circumstances.  See Boling v. Foster, 254 Ga. App. 374 (2002).  The legal duty owed by medical professionals was to exercise “a reasonable degree of care and skill.”
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What Damages Are Available In Wrongful Death Actions?

In Georgia when an innocent person is killed due to the negligence of a third person, the survivors have a claim for wrongful death damages. The full value of the life of the decedent includes both economic and non-economic components. The economic components are more readily deduced. If you take the earning capacity of the decedent, you multiply it over their projected work life expectancy and come up with a calculation as to what future lost wages would be due to the wrongful death.
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Challenges Associated With Serious Burn Injury Cases

Our firm regrettably has encountered several tragic cases involving serious burn injuries. These cases arise in a variety of contexts. Some of our clients have had chemical burns, others have had burns suffered in fires caused by defective products. We have handled wrongful death cases involving the death of young children due to defective air purifiers and serious disfigurement caused in automobile collisions and/or tractor-trailer accidents. Regardless of the factual context, for the victim who is innocent in the premises and suffers serious burn injuries
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Henry County Police Chase Ends In Death Of Teenage Passenger

On April 2 of this year, we blogged about an important decision rendered by the Georgia Court of Appeals on March 28, 2013 indicating that innocent passengers unwittingly involved in high speed police pursuits can file a claim for damages sustained if they prove a reckless disregard of proper police procedure by the police officer initiating or continuing the pursuit. The newspaper accounts of the incident in Henry County do not provide much by way of detail but apparently police officers were pursuing the
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