Personal Injury

Closed Head Injuries: More Serious Than Skull Fractures

Our personal injury lawyers have seen closed head injuries in every locale surrounding metropolitan Atlanta whether it be Austell, Snellville, Roswell, Alpharetta, Jonesboro, Sandy Springs or the other numerous locales near the city. Victims of closed head injuries oftentimes have the most serious injuries we confront due to swelling of the brain caused by the trauma. What we have learned from taking numerous medical depositions and researching these claims is that a serious head injury can have profound consequences for the victim in situation
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Pedestrian Personal Injury Cases On The Rise

In metropolitan Atlanta, our lawyers are seeing more and more pedestrian personal injury cases. Due to congested conditions caused by increasing population and more motorists on the road, as might be expected, there are more incidents involving pedestrians. Many cases involve situations where pedestrians are not in walking in crosswalks and are struck while crossing a road, sometimes in broad daylight. Other cases involve pedestrians crossing the road at night when they are difficult to see. Other cases involve joggers and people on sidewalks
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Police Chases: Why Do The Police Always Deny Their Mistakes?

Having handled police chase cases for over a decade, I have yet to see a case in which the police admitted wrongdoing when a high speed pursuit turned out badly. Obviously, when a high speed pursuit ends in tragedy and someone is killed or seriously injured, the police know that immediately. In cases where the pursuit should not have been initiated and/or continued, the wagons are then circled and numerous explanations and rationalizations are provided as to why the police were merely “doing their
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Amputations and Infections

Our personal injury lawyers unfortunately have seen far too many cases involving traumatic amputations. In many of these cases, the tragedy is compounded by infection that sets in shortly after the original trauma. If one loses a leg below the knee, for example, and there is an immediate amputation after the traumatic event, it is not uncommon to see subsequent amputations due to the development of infection. In some cases we have handled, there have been problems with gangrene, which required multiple amputations. The

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Car Accident Injury Study Shows Inadequate Seat Belt Use

Our Atlanta, Georgia car accident lawyers frequently review cases in which the occupants of cars have suffered severe injuries or death while not wearing seat belts. In many of these cases the injuries could have been prevented had seat belts been in use.
Fatality figures released Monday by the National Highway Traffic Safety Administration reveal that more than two-thirds of young drivers and passengers killed in nighttime car crashes aren’t wearing seat belts.
According to the report, seat belt use actually is rising slightly nationwide.
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Traumatic Electrical Injuries

Traumatically induced electrical injuries are not only a common form of trauma but also complex and potentially devastating to the victim. The physical and emotional manifestations and severity of electrical trauma encompass a wide spectrum of symptoms ranging from a brief unpleasant sensation due to contact with a low intensity household current to instant death and/or massive injury from high voltage electrocution. Unlike a thermal burn, electrical injuries commonly involve multiple body systems and organs which are very difficult to manage and treat. In our
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Glass Injuries from Unsafe Glass That Is Not “Safety Glass”: How Dangerous Glass Causing Personal Injury and Death Continues to Endanger Unsuspecting Children and Adults

We are continually disturbed when we hear reports of persons injured by unsafe glass–decades after the need for “safety glazing” material (safety glass) was recognized. Our serious personal injury lawyers have delved deeply into the history of glass injuries in representing clients who have suffered what can be life-threatening injuries from unsafe glass, in premises liability cases tried successfully. We hope to share what we have learned about these dangerous products so that future injuries from dangerous glass can be prevented.

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Medical Mistakes Not Uncommon

According to Healthgrades, an independent health care ratings company, 247,662 patients studied between 2003 and 2005 died from potentially preventable problems. The Institute of Medicine estimates that 1.5 million patients every year suffer from mistakes with medications.
People can sue for damages under state law if they’re harmed by drugs and medical products, but the Bush administration argues that states have no right to fault a company for selling a product that has been reviewed and approved by the federal government.
“Blocking such lawsuits, in
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Another Tort Reformer Sues

In what seems to be a classic case of “do as I say, not as I do,” one-time U.S. Supreme Court nominee Robert H. Bork, an advocate for limiting the right of ordinary citizens to sue for damages, has settled a $1 million lawsuit Friday against the Yale Club of New York.
Bork sued in Manhattan federal court last year claiming he fell stepping onto a platform to speak. Bork’s lawsuit alleged he injured himself so badly at the June 2006 event that he needed
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Traumatic Brain Injuries Are On The Rise

In our personal injury practice, we have seen evidence here locally of what has been documented to be a growing and national problem. We have seen more and more brain injury cases resulting from traumatic events, typically tractor-trailer accidents, automobile accidents or some other traumatic incident, many times caused by the negligence of a third party. We have also seen these cases in the context of serious on-the-job injuries. What we see here in our practice mirrors the growing nature of this problem. Indeed,
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Mild Traumatic Brain Injury: A Serious Problem

The term “mild” traumatic brain injury is very misleading. While the descriptor “mild” typically refers to the severity of the trauma that resulted in the injury, oftentimes in a personal injury context it does not come close to describing the severity of the consequences of the injury. Even though the trauma may be mild, the long term consequences of the injury may be anything other than mild and oftentimes are quite serious.
The vast majority of people who experience a mild traumatic brain injury
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What Is A Traumatic Brain Injury?

Traumatic brain injuries typically involve transient periods of some type of neurological dysfunction which can range from brief periods of confusion or dizziness to headaches and/or seizures, sometimes involving nausea. The term concussion is oftentimes used interchangeably with the term “mild traumatic brain injury” or MTBI. The Quality Standards Subcommittee of The American Academy of Neurology has recognized that concussions may occur without the loss of consciousness. There are three grades of concussions according The Academy of Neurology. A Grade 1 concussion involves transient
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Aggravation Of Pre-Existing Injuries

In our trial practice we are often presented with cases where the client had a pre-existing medical condition which was aggravated by an accident. As an example, someone can have asymptomatic degenerative disk disease, be involved in an automobile collision and thereafter begin to experience symptoms of pain because of the injury to their neck or back. Someone can have any asymptomatic pre-existing condition, which is aggravated by the trauma from an accident, which causes the pre-existing condition to become asymptomatic. Obviously, the issue in
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Saying No To Clients: The Requirements Of Professionalism

There is one duty that a lawyer owes to his client and that is to be truthful with them. In many cases clients need counseling and need it badly. Sometimes clients do not want to hear the truth and take pains to avoid it. Oftentimes clients will turn on their attorneys when the attorney tries to tell them the truth of their situation. In such circumstances the client will accuse the lawyer of not being zealous in his or her representation or not believing in
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High Speed Pursuits For Stolen Vehicles: Are They Justified?

When the police encounter a stolen vehicle and attempt to stop it with their blue lights and the driver takes off, the question is whether the public is well served when the police engage in a high speed pursuit thereafter. Clearly the suspect wishes to escape apprehension and is willing to travel at high speeds endangering the lives of the public. The only way they will be apprehended is if the police are successful during their pursuit in running them off the road, using stop sticks or otherwise blockading them. During the pursuit, however, the entire public is endangered and it is quite likely that as the speeds get higher and higher and the offender becomes more and more desperate at escaping apprehension the dangers will increase and tragedy to innocent third parties may result.

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Settling Serious Injury Cases Out Of Court

In many car accident and personal injury cases, clients often wish to “settle out of course” so as to avoid the stress, anxiety and uncertainty of a jury trial. In many cases this is entirely possible and the client can still achieve a settlement that approximates the fair value of their case. However, in a certain number of cases, settlement offers pre-trial may not constitute adequate compensation for the damage inflicted and thus a jury trial may be a necessity. Sometimes, despite the
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Structured Settlements For Minors

With today’s low interest rates, sometimes it makes little or no sense to structure a portion of a personal injury settlement. If a case settles for a particular amount, it is always advisable to consider whether structuring a portion of the settlement money into an annuity by way of a tax free investment might be in the best interest of the client. When minor children are involved, sometimes investing in a long term annuity can not only protect the corpus of the funds but
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Evaluating Wrongful Death Cases Involving Children

One of the most tragic kinds of case that we encounter is that involving the death of a child. Oftentimes it is in the context of a serious automobile collision but obviously death due to negligent behavior comes in a variety of forms. It is particularly difficult to deal with the death of a innocent child. It is also difficult to evaluate such a claim because of the emotions involved. Nonetheless, there are criteria that can be used in evaluating such claims even though financial “compensation” for such a loss is essentially an oxymoron when it comes to the death of a child.

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Assessing Damages In A Burn Injury Case

In those serious injury cases where the damage is a burn injury and significant scarring or disfigurement is present, it sometimes is difficult to estimate the settlement value of such a claim. Even if the plastic surgeon is able to give a reliable figure of future medical expenses, assuming more surgery is needed to address the problem, nonetheless, these cases are difficult to evaluate because most of the damages are intangible. The disfigurement of the scar, where the scar is located, whether it can
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Boating Under The Influence: A Deadly Combination

We read in the paper this week about a tragedy which occurred on Lake Lanier outside of Atlanta. A ski boat being operated by an individual under the influence of alcohol crashed head-on into a pontoon boat occupied by 13 people. Many of the people on the pontoon boat were seriously injured and apparently two young boys killed. As of the date of this blog, the authorities were still searching for a missing 9-year old boy. The driver of the ski boat was under the
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