Personal Injury

Georgia Should Ban Cell Phone Use While Driving

On July 1 of this year the state of California provided a great example for the state of Georgia in prohibiting by law drivers in California from holding a phone and talking while driving. Under the new law, a driver is prohibited from talking on a hand held cell phone while driving. Blue tooth handless cell use is permitted. There is also an exception for emergencies under this new law, however, obviously, the law is intended to promote safety awareness by drivers who are oftentimes
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Deaths Linked to Contaminated Heparin

According to an Article in The Chicago Tribune, the Food and Drug Administration conclusively has linked 3 patient deaths to a foreign substance found in specific lots of Heparin, a drug manufactured by Baxter International. According to the news report, the FDA completed its review of 93 reports of deaths related to Heparin that were received from January through the end of March, a period when there was a huge spike in the potentially deadly allergic reactions from patients who had been injected with this
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Allstate Bad Faith

Allstate Insurance Company is known by plaintiff’s attorneys for engaging in bad faith tactics. Last week, the Missouri Court of Appeals upheld a jury verdict that hit Allstate with more than $16 million in damages for bad faith tactics.
On March 24, 2000, Wayne Davis Jr., while drunk, drove his truck across the center line of a roadway and hit a compact car head-on. The force of the collision pushed the car back more than 100 feet. The driver and the passenger survived but suffered
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Dangerous Tires Threaten The Public

According to the National Highway Traffic and Safety Administration, last summer, more than 380,000 defective tires were recalled from the market. What is more troubling than this number is the fact that experts agree that less than 20% of the public was aware of the recalls involved. Accordingly, 80% of the defective tires are still being used and are probably on the roads today. In short, recall notices are rarely received and thus the entire public remains at risk as a result of the continued
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The Wreckage Of A Wrongful Death Case: More Than Meets The Eye

On April 30 of this year on a busy interstate here in Atlanta, a Ms. Katherine Armstrong was killed when involved in a collision with an armored truck on a busy interstate highway in Atlanta. The driver of the truck was later charged with vehicular homicide. Ms. Armstrong was cleared of any wrongdoing. Based on what we have learned about this tragic incident, however, the emotional, psychological, physical and monetary damage caused by this wrongful death incident does not stop with the death itself but
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Accident Data To Be Released To The Public

In a major victory for consumers, the U.S. Court of Appeals for the District of Columbia ruled last week that information that automobile and tire manufacturers submit to the government about crashes resulting in death, injury and property damage is subject to release to the public under the Freedom of Information Act (FOIA).
The case was brought by the public interest consumer group Public Citizen. In its ruling the Court rejected the argument of the Rubber Manufacturers Association that it is exempt from FOIA’s disclosure
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Trasylol Removed From The Market:Suspected in Hundreds of Deaths

On May 14, 2008, the manufacturer of Trasylol officially pulled all remaining supplies of the blood clotting drug from the market. This drug, manufactured by Bayer (AG) is typically used by surgeons to control bleeding during heart surgery. Unfortunately, in a major study published in the New England Journal of Medicine, it was reported that the use of this drug significantly raised the risk of death for patients who used this product as opposed to other similar products on the market. A study conducted by
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The Complications Of A Serious Personal Injury Claim

Every serious injury claim our firm handles has its own set of complications, but one of the most complicating facts we are often confronted with is the case where someone is seriously injured in an automobile or tractor-trailer collision and they have no health insurance. Indeed, regardless of the type of claim, whether it be a slip and fall, a products liability claim, medical malpractice or any other tort case, the lack of available health insurance oftentimes severely compromises our ability to obtain justice for our clients. This also severely compromises the ability of the injured individual to obtain the necessary care to improve their health. While we often read in the paper about the crisis of our healthcare delivery system when it comes to poor and the indigent, we see this crises every day in our practice when innocent victim/clients who are suffering are unable to afford needed healthcare.

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Georgia Bicycling Laws

In addition to the bicycle laws already covered in past blogs, there are a few others with which all bike riders should be familiar.
One makes it unlawful for any person to sell a new bicycle or pedal unless the pedals on the bike or the pedal is equipped with a reflector of a type approved by the Department of Public Safety. The reflector must be situated so as to be visible from the front and rear of the bike during darkness from a distance
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Beware Medical Credit Cards

Many doctors and dentists are marketing medical credit cards to their patients. Doctors like the cards because they get paid immediately from the credit card companies rather than spending time collecting medical bills. Doctors and other health care providers are pushing the cards even in cases where the patient needs emergency care and may not be in a position to refuse the card or to intelligently make a proper financial decision.
Consumer lawyers report they are seeing a growing number of cases where patients say
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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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