Personal Injury

Skin Warning Issued about Alcoholism Therapy Drug

As Georgia injury lawyers we often see people who have been injured by dangerous prescription drugs. The Federal Drug Administration (FDA) is now warning doctors about severe skin reactions in alcoholism patients who use Vivitrol, an injectable treatment made and marked by Cephalon, Inc. Doctors and patients should watch for swelling, injection, and other complications where the drug is injected. The FDA emphasizes that the proper needle must be used when administering Vivitrol. Also, the drug should be injected into muscle, not fatty tissue.
(more…)

Insurance Industry Tricks

According to a report by the American Assocaition for Justice, the U.S. insurance industry has trillions of dollars in assets, enjoys average profits of over $30 billion a year, and pays its CEOs more than any other industry. But insurance companies still engage in dirty tricks and unethical behavior to boost their bottom line even further. The current economic turmoil affecting the insurance industry onWall Street has only made the outlook bleaker for consumers living on Main Street. Insurance companies are likely to demand huge
(more…)

Traumatic Brain Injury- Georgia Motorcycle Accidents

In November of 2000, while ballots were being counted in Florida, I stood in the trauma unit of the Orlando Regional Medical Center with my daughter who had been assaulted. Over the month she was there, one helicopter after another landed on the roof of the trauma unit delivering victims of automobile accidents and motorcycle accidents with severe injuries. Many of them died and many of them sustained severe brain injuries. Many of those traumatic brain injuries occurred because the person riding the motorcycle
(more…)

Serious Accidents -Traumatic Brain Injury

In our Georgia injury practice our lawyers have seen many serious accidents, including automobile accidents and truck accidents, which result in brain injury of varying degrees. Traumatic Brain Injuries (TBI’s) contribute to a substantial number of deaths and cases of permanent disability annually. The Centers For Disease Control (CDC) estimates that at least 5.3 million Americans, about 2% of the U.S. population, currently have a long-term or lifelong need for help to perform activities of daily living as a result of a TBI.
The severity
(more…)

Feeling Unusually Fatigued after Brain Injury?

Over the years, we have noticed that client’s who have suffered a brain injury as a result of an automobile accident or truck accident often complain about feeling unusually fatigued or tired. An interesting study confirms that following a recovery from brain damage, patients may have to use more of there brains then they did before the brain trauma.
The study published in the September 9th issue of Neurology found that patients who sustained diffuse axonal injury and returned to pre-injury levels of functioning in
(more…)

Arbitration Clause Stricken By Court of Appeals

The 2nd U.S. Circuit Court of Appeals has issued a ruling which begins to chip away at the anti-consumer arbitration clauses used by many credit card companies to deny justice to consumers. The court held that plaintiffs could not be forced into arbitration because American Express was not a signatory to the MasterCard, Visa and Diners Club credit card agreements that
In the multidistrict currency conversion case, cardholders are claiming that card companies and major issuing banks have engaged in a Sherman Act conspiracy to
(more…)

Georgia Injury Lawyers Will Closely Watch A Dangerous Drugs Case

Georgia injury lawyers will closely watch an upcoming U.S. Supreme case having to do with dangerous drugs and the doctrine of pre-emption. The Supreme Court is scheduled to hear arguments today in a case that has major implications for consumers who have been harmed by prescription medications. Drugmaker Wyeth Pharmaceuticals and the Bush administration are challenging a $6.7 million verdict to a Vermont musician whose arm was amputated after medical staff improperly administered the Wyeth-produced drug Phenergan. Wyeth and the administration argue people who
(more…)

Georgia Nursing Home Abuse & Negligence Cases

For Georgia lawyers handling nursing home abuse and negligence cases, we are seeing new litigation hurdles to overcome. Nursing home owners are creating new corporate structures to disguise the actual ownership of the nursing homes. It is a “corporate shell game” where the actual owners set up holding corporations to avoid responsibility. If you look at the way the facility is established, there will be a contractual relationship between a management company and a nursing home, where the same human being is on both
(more…)

81% of Georgia Nursing Homes are Deficient in Quality of Care and Other Services

You don’t have to be an Atlanta injury attorney to know that nursing home abuse and negligence is alive and well in Georgia and across the country. For most elder people, their greatest fear is being put in the dreaded nursing home and for good reason. In our practice, we have noted that more often than not these homes are understaffed by unqualified employees.
The Office of the Inspector General of the Department of Health and Human Services recently completed a study and issued

(more…)

Off Road Recreational Vehicles Probed

Our serious injury lawyers have investigated cases involving off-road recreational vehicles. Now, the U.S. Consumer Product Safety Commission, CPSC, is probing the design of these so-called recreational off- highway vehicles after reports of fatal accidents involving new products which are currently unregulated.
.
The investigation involves several brands and more than 30 daeths. The Wall Street Journal has reported that the Yamaha Motor Rhino was a focus of the inquiry, with at least 30 deaths.
The investigation has brought attention to gaps in oversight of
(more…)

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

(more…)

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

(more…)

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

(more…)

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

(more…)

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

(more…)

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
(more…)

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.”
(more…)

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.
(more…)

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
(more…)

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
(more…)

Secret Link