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:

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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.

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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
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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”
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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.

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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
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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
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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
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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
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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
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Representing Children in Serious Injury Cases

Over the years, our lawyers have handled many different cases involving serious injuries to children. These injuries arise in a myriad of contexts and are oftentimes heartbreaking. Over the years, we have had serious burn injury cases, dog bite cases,unsafe premises, sexual abuse cases, car accidents, medical malpractice cases, drowning accidents, playground injuries,unsafe consumer products, school injuries and the like, all involving young children. Some of these cases have resulted in wrongful deaths, comas, paralysis, burns and amputations. Presently, we are handling injuries to children
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Zicam Recalled for Dangerous Effects

Yesterday, the Food and Drug Administration (FDA) warned consumers to stop using Zicam, a popular homeopathic cold remedy, because it could damage or destroy their sense of smell, a condition called anosmia.
The Food and Drug Administration received 130 reports from consumers and doctors of people losing their sense of smell after using one of the Zicam nasal products, which include Zicam Cold Remedy and Zicam Cold Remedy Swabs. The reports date to 1999, when Matrixx Initiatives of Scottsdale, Ariz., first introduced the products.
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ATV Accident Results in Serious Injury and Criminal Charge

The Georgia injury lawyers have written before that with the growing popularity of ATV’s or All-Terrain Vehicles, serious injury and death cases are on the increase in Georgia, especially among children. Today I read about a tragic case that occurred on May 16th in South Carolina. In that case, a 15- year-old girl was riding on the seat behind her 32 year old neighbor when the neighbor lost control of the vehicle and the two were ejected. As a result, the teen sustained

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Medical Malpractice Awards Decrease

Medical malpractice claims in Georgia are constantly coming under fire from insurance companies and doctors who allege they raise the costs of medical care through increased insurance costs to doctors. For many years our Atlanta based attorneys have watched as these large insurance companies and medical groups spend massive sums to influence politicians to enact legislation eroding the rights of innocent victims of medical negligence.
A recent study in New York has exposed these false arguments.Data from the National Practitioner Data Bank show 1,882
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Police Chase For Non-Violent Crime Turns Deadly

We read yesterday in the paper about a tragic case in Charlotte, N.C. involving a police chase which resulted in the death of an innocent 84-year old woman who happened to be at the wrong place at the wrong time and got caught up in the chase, resulting in her death. According to the news reports of the incident, the police were chasing a suspected shoplifter who had committed a petty offense at a local shopping mall. Although the news reports are sketchy, it appears that the merchant called the police and shortly thereafter the police spotted the vehicle being operated by the suspected thief. A three mile chase ensued at high speeds and during the chase, the suspect lost control of his vehicle and struck the vehicle being operated by the innocent victim. Her death resulted. The petty thief has now been charged with murder.

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Georgia Wrongful Death Actions:Who Has The Right To Sue? (Part IV)

In a wrongful death case where the deceased individual is survived neither by a spouse, child or parent, under Georgia law such a cause of action would vest in the Executor or Administrator of the Estate. In short, there will always be someone able to proceed on behalf of the “heirs-at-law” and such an individual, once duly appointed, will proceed in a fiduciary capacity to protect the rights of the heirs-at-law relative to the wrongful death action. Thus, if an individual dies and is neither
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Georgia Wrongful Death Actions:Who Has The Right To Sue? (Part III)

In Georgia, if an individual loses her or her life due to the negligence of a third party and is not survived either by a spouse or children, the cause of action for the wrongful death of such an individual vests in the surviving parents. If both parents are alive, the cause of action is vested jointly in the parents if they are living together. If one parent is deceased, the right is in the surviving parent. If both parents are living, but are
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Consumers May Be Without Remedies Against Auto Manufacturers

The Atlanta consumer and product liability lawyers of Finch McCranie LLP have successfully litigated cases against auto manufacturers for serious injury and death caused by defects in their products. Now, as a result of the bankruptcy of GM and Chrysler, many deserving victims of these defective products may be left without recourse.
The bankruptcy proceedings currently underway will leave consumers currently bringing personal-injury and product-liability lawsuits against Chrysler LLC and General Motors unable to continue their actions and receive compensation for their injuries. In
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Georgia Wrongful Death Actions:Who Has The Right To Sue? (Part II)

In Part I of this series, we set forth the provisions of Georgia law for wrongful death actions where surviving spouses were involved. In this article, we shall address actions by surviving children under Georgia’s wrongful death statute where a spouse does not survive to bring such a case.
If a parent is killed due to the negligence of a third party and is not survived by a spouse but is survived by children, the cause of action for the wrongful death vests with
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Georgia Health Insurer Accused Of Unfair Practices

A lawsuit has been filed by Georgia surgery centers against Blue Cross Blue Shield Healthcare Plan of Georgia Inc. and Blue Cross and Blue Shield of Georgia, seeking class action. The lawsuit, like many others around the country attacks the insurer’s practice of discouraging visits to out-of-network providers by reimbursing procedures at a tiny fraction of “usual and customary” charges.
The suit is similar to one filed earlier this year by a dialysis provider against Blue Cross. That suit was dismissed. The new suit alleges
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