Personal Injury

HIDDEN MINEFIELDS AND TRAPS FOR THE UNWARY

While most serious injury lawyers are aware of the ante litem provisions that exist under Georgia law, most lay persons are not. Thus, injured persons with valid claims against either city or county governments can through inaction sabotage such claims unwittingly just because of their ignorance of the arcane provisions found in the ante litem statutes of Georgia law. An ante litem notice simply means notice before litigation is commenced. With respect to cities, O.C.G.A. § 36-33-5 requires written notice to a Georgia municipality within six months of the event giving rise to the claim. This code section reads as follows:

(more…)

THE SUPREME COURT RULES AGAINST FLEEING SUSPECT IN POLICE CHASE CASE

In a case decided April 30, 2007, entitled Scott v. Harris, the United States Supreme Court held that a suspect fleeing from the police during a high speed police chase case has no Fourth Amendment right to be protected from the use of excessive force by the police against them. As we interpret this case, essentially, what this means is that a suspect assumes the risk of injury by the police during a police chase case.

In the Harris case, a 19 year old was fleeing from the police and the police employed a “pit maneuver” in order to knock the suspect’s car off the road. The pit maneuver is one in which the police hit the corner of the fleeing car with their car in order to force it off the road. In this case, when the suspect’s car left the road, it crashed rendering him a quadriplegic.

(more…)

MESOTHELIOMA CLAIMS FROM ASBESTOS EXPOSURE ARE STILL VIABLE

Asbestos products, which have been used primarily for insulation purposes, have long been known to be dangerous. Nonetheless, exposure to asbestos still presents a danger to anyone performing maintenance, repair or demolition work in any structure containing asbestos. Unfortunately, it has been well documented that the Asbestos industry was well aware of the fact that exposure to asbestos could cause cancer. Mesothelioma is a form of cancer specifically caused by exposure to asbestos. It is difficult to diagnose and hard to treat. It occurs typically
(more…)

Uninsured Motorist Stacking Bill – Important To Georgia Serious Injury Victims

Senate Bill 276, a very important bill for all Georgia citizens who may become involved in serious injury motor vehicle accidents, is awaiting action by the House Rules Committee at the State Capital. This bill would drastically improve uninsured motorist coverage in Georgia. Under current law, a consumer who is has uninsured motorist (UM) coverage can only access part of their total limit if they are hit by a driver with a small amount of liability insurance coverage. SB 276 would allow consumers to “stack”
(more…)

HIGH SPEED POLICE CHASE CASE SETTLES FOR $1 MILLION

After years of litigation, the City of Hampton paid $1 million to the family of Grashaunda Banks to settle a wrongful death claim brought as a result of a high speed police chase that resulted in a deadly collision. The crash occurred on Hwy. 19/41 near midnight on July 23, 2000, near the Atlanta Motor Speedway.

(more…)

PRESCRIPTION ERRORS ARE RISING

Negligent filing of prescriptions has been on the rise. In fact, because of a shortage of pharmacists and the steady increase in the use of prescription medications, the rate of death and injury from botched prescriptions is skyrocketing, officials say.
There are as many as 7,000 deaths annually in the United States from incorrect prescriptions, according to Carmen Catizone of the National Association of Boards of Pharmacy. He told The Washington Post that as many as 5 percent of the 3 billion prescriptions filled each
(more…)

PHYSICAL AND SEXUAL ASSAULT

If you are physically or sexually assaulted by another person, you can bring a personal injury claim (civil action) against them to recover payment for your medical bills, lost wages, pain, suffering, and any other financial loss that you sustained as a result of the assault. A personal injury claim is separate from any criminal proceedings that may also be underway. The criminal court can find the other person guilty or not guilty and sentence them to prison; however, in the civil action, the judge
(more…)

ELDER ABUSE AND NURSING HOME NEGLIGENCE CASES

Unfortunately, as people age, they become more vulnerable to abuse, neglect, and exploitation. This is especially true for people living in long-term care facilities and nursing homes. Abuse and neglect results in persons suffering a variety of physical and psychological injuries, which result in pain, suffering, and loss of quality of life. An injured person is entitled to compensation for these losses, when they are caused by intentional or negligent actions of the nursing home or its employees. The injured person can make a personal
(more…)

PEDESTRIAN AND MOTORCYCLE ACCIDENTS ACCOUNT IN PART FOR INCREASE TRAFFIC DEATH TOLL

Traffic deaths in the United States have reached their highest levels since 1990, according to government statistics cited by the Insurance Journal. This increase was attributed in part to increased deaths from motorcycle and pedestrian accidents. There are a number of reasons for the increase. One possible explanation is the rise in our urban/suburban populations. As these numbers increase, our roads and highways become more crowded. Another possible explanation for the increase in pedestrian injuries and deaths may be related to the dramatic increase in
(more…)

Workers Compensation Decision Good For Injured Workers Who Travel For Employers

The Georgia Supreme Court issued a sharply divided ruling on Monday which is a great decision for employees who travel. The 4-3 decision turned on an interpretation of the “continuous employment” doctrine. The High Court upheld an award of workers’ compensation benefits to the 11 year old son of a man killed as a result of an automobile accident in Georgia. The employer had put the Florida resident up in an apartment in Fayetteville, Georgia while he was working as a construction superintendent here. The
(more…)

Atlanta Pedestrian Dangers

Atlanta pedestrians are subject to many dangers. Transportation For America, a consumer advocacy group has ranked the metro area as the 10th most-dangerous city for pedestrians in 2007-2008. The group said there are 5,000 preventable pedestrian deaths in the U.S. every year.
The group assessed 52 metropolitan areas on how dangerous they are for pedestrians. The 10 worst for pedestrians in 2007-2008 were: Orlando, Fla.; Tampa, Fla.; Miami; Jacksonville, Fla.; Memphis; Raleigh, N.C.; Louisville, Ky.; Houston; Birmingham, Ala.; and Atlanta.
According to the study, Atlanta
(more…)

Hormone Replacement Therapy and Breast Cancer:

The Women’s Health Initiative has issued warnings in the past that certain hormone replacement medications have the ability to harm many women. For example, Prempro is a drug that has been taken by as many as 6 million women in just one year. Statistically, it did not seem that the increased risk of developing breast cancer from using this hormone replacement therapy was all that great. Statisticians stated that there would be a .08% additional case of breast cancer for every 10,000 women that did take Prempro as opposed to those that did not.

(more…)

“98,000 Reasons” Why Medical Negligence and Medical Malpractice Remain a Public Health Danger

As Congress debates providing and paying for health care, another huge “cost” must not be forgotten: the cost of medical errors and medical negligence.
According to conservative estimates, 98,000 Americans annually die because of preventable medical negligence. Many more suffer life-changing injuries.
A terrific website, 98,000 Reasons, describes many of these stories of preventable injuries and deaths. Please visit it, as reducing medical errors saves innocent lives, and reduces costs of health care.

Makers Of Dangerous Foreign Made Products Have Protections Not Available To U.S. Companies

Our Georgia product liability lawyers have filed many lawsuits against foreign manufacturers for dangerous products introduced into commerce in the United States. In these actions it is sometimes very difficult to find and serve the manufacturer in a foreign country.
This problem has now come into the spotlight as the result of the Chinese wallboard epidemic facing many unsuspecting consumers across the United States. The problem is enormous. By some accounts as many as 100,000 homes across the United States, built between 2004 and
(more…)

Consumer Finance Bill Proceeds In Congress

Our Atlanta consumer lawyers often have to inform wronged consumers that they have no remedy under the law. We see this very often in the investment, credit, and banking areas. Legislation that, if enacted, will provide greater protection to investors was approved by a committee of the U.S. House of Representatives last week.
At the same time, the full House approved a bill to accelerate restrictions on abusive practices by credit card companies that had been signed into law last May. That law was scheduled
(more…)

Supreme Court Tackles Prosecutorial Immunity

The United States Supreme Court heard arguments Wednesday in a very interesting case. The question before the Court in Pottawattamie County, Iowa, v. McGhee and Harrington is : Do citizens who have been framed by unscrupulous prosecutors for crimes they did not commit have a right to sue the prosecutors when the fraud is finally exposed?
Most public officials have qualified immunity, which means that they can’t be sued personally for actions taken in the course of their public duties unless it can be shown
(more…)

Toyota Sudden Acceleration May Be More Than Mat Problem

Our Georgia product liability lawyers have been monitoring the Toyota recall due to uncontrolled rapid acceleration. Several weeks ago, Toyota announced the biggest recall in its history. The Japanese automaker issued a safety advisory urging Toyota owners of over 3.8 million cars and trucks to remove driver side mats from their vehicles.
It initially was announced that the floor mats were the sole cause of these sudden acceleration incidents. Now, ABC news is reporting that the cause may be something much more complicated than the
(more…)

Family Files Wrongful Death Suit Over Police Chase That Ended in Fatality

It seems that everyday when our personal injury lawyers open the paper, we read about another wrongful death in the context of a high speed police chase. Today, we read about another tragic police chase, this one in Montana. The Billings Gazette reported that the family of a Billings nurse killed by a drunken teenager who was fleeing from police has filed a wrongful death and negligence lawsuit, claiming city officers and county deputies violated their own pursuit policies. Stahl died shortly
(more…)

Dangerous Contraceptive Pills Yaz and YasminShould Be Removed From The Market

As Georgia injury lawyers, we are well aware that citizens can no longer rely on the Federal Drug Administration (FDA) to be the guardian of public safety when it comes to new drugs that come to market. Every year, the cash rich pharmaceutical companies, with their high powered lobbyist market and sell dangerous drugs and medical devices to the public. The Coalition Against Bayer Dangers, a consumer watchdog group, has demanded an ban of “third generation” contraceptive pills with increased rates of side effects. Studies
(more…)

Aide Pleads Guilty To Neglect In Nursing Home Death

Nursing home neglect and nursing home negligence leading to the wrongful death or serious injury of the elderly is a growing problem. With the number of aging baby boomers steadily increasing, it is likely to continue to be a problem. Neglect takes many forms. Recently, we read that an Illinois woman involved in a lawsuit over the alleged wrongful death of an 89-year old Alzheimer patient has pleaded guilty to criminal neglect, according to the Chicago Tribune. Sara Wentworth died of hypothermia earlier this

(more…)
Secret Link