Personal Injury

Catastrophic Brain and Spinal Cord Injuries – Where Is The Safety Net? – Time For Universal Health Care?

Today we had the father of a young man in his early twenties come in to the office. His son was involved in an automobile accident and sustained serious injuries to his spine. It appears that he will be paralyzed for life from the waist down. The young man’s medical bills far exceed the liability insurance coverage, the hospital has filed a lien which will consume all of the available liability coverage and, to make matters worse, the young man has no health insurance.
Last
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Insurers’ Profits Continue To Skyrocket

Insurance companies continue to profit at the expense of their policyholders and Georgia’s serious automobile and truck injury victims. The Atlanta Journal-Constitution reported today that property and casualty insurers’ profits are continuing to sky rocket. Allstate Insurance Company reported a record $5 billion profit for 2006. State Farm Insurance’s profit climbed 65% for the year. St. Paul/Travelers earnings rose six fold in the fourth quarter and American International Groups rose eight fold.
There are several reasons for these huge profits. First, insurers are shorting the
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Georgia Injury Victims May Benefit From Proposed Change In Uninsured Motorist Law

There may be some relief in sight for some injured Georgia automobile and truck accident victims who are involved in a motor vehicle collision with an uninsured or underinsured vehicle. Last week Senate Bill 276, the Uninsured Motorist Stacking bill, passed the Senate Insurance and Labor committee unanimously. Advocates working for it’s passage are pushing hard for it to come to a floor vote. If passed it will provide uninsured motorist insurance coverage previously unavailable under Georgia’s current law.
Example: Current Law
You have purchased
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Georgia Recognizes Roadside Drunk Driving Victim Memorials

Anyone who has driven the two-lane highway between Georgia and Panama City, Florida has seen the many crosses along the roadside, each representing a victim of a fatal automobile accident. Many of these fatal collisions involved college students and drunk drivers. These unofficial memorials or marker have usually been placed by family and friends.
A young victim killed in a drunk driving accident, seventeen year-old Donny Ray Harris Jr., will be the first drunken driving victim in the state of Georgia to be remembered with
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FUNCTIONAL CAPACITY EVALUATIONS OF INJURED WORKERS IN GEORGIA

In Georgia employees who become disabled, due to injury, and remain out of work for any significant period of time are likely to be sent for a functional capacity evaluation. An FCE is a systematic evaluation process to determine an individual’s tolerance for physical work activities. These evaluations take on many forms. The most common evaluations involve a series of standardized tasks with measured weights and distances, and a trained and presumably an experienced observer to administer the tests. Other methods involve the use of
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Closing Arguments: Trial Techniques for Serious Injury Cases

We continue here with our previous discussion about how experienced trial counsel prepares and delivers closing arguments before juries in serious injury cases. See prior entries of 3/13 and 3/15/07. We continue as follows:
You must close your summation with confidence and with an ending appropriate to the tone of the case that will have the desired impact. Once you have concluded, sit down with an air of confidence that you have clearly won your case.
In every winning summation there is both the logical
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Psychiatric/Psychological Privilege in Injury Cases in Georgia

Many times we represent clients’ who have been seriously injured in automobile, trucking or on-the-job accidents who have sought and received psychological or psychiatric counseling and treatment. During the course of litigation, insurance company lawyers often try to subpoena mental health records from mental health professionals. It is wise to be vigilant in monitoring these requests from insurance defense lawyers and to object to these requests.
Under Georgia law, “Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter
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Closing Arguments for Juries in Serious Injury Cases

.We continue in this artice our Previous blog and presentation on the delivery of effective Closing Arguments in jury trials.(See entry of 3/13/07). We continue as follows:
GIVE YOUR REMARKS A STRUCTURE
As discussed above, one should not rely upon the inspiration of the moment to deliver a closing argument. A winning summation is usually the result of meticulous, painstaking preparation done well in advance of the actual delivery of the remarks. In order to insure that such preparation is not wasted, obviously, it is
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Your Duties Under The Georgia Workers’ Compensation Act

We cannot tell people how many times unrepresented, injured workers sabotage their cases by failing to comply with their own obligations under the Georgia Workers’ Compensation Act. At a minimum an employee who sustains an on-the-job injury must do the following:
1. Report any on-the-job injury within 30 days of the date of the injury. Although the law provides that an employee should notify the employer within 30 days, any injury should be reported immediately. If you do not report your injury immediately, you may
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Basic Overview of Benefits Available Under the Georgia Workers’ Compensation Act

Many people are unaware of what benefits are available to an injured worker in Georgia. Accordingly we thought it might be helpful to clients or potential clients to have an overview of the basic benefits.
(A) TEMPORARY TOTAL DISABILITY WEEKLY INCOME BENEFITS:
If you are injured and begin losing time from work, you are entitled to receive 2/3 of your average weekly wage up to a maximum of $450.00 per week. The first seven days of compensation are not payable until or unless you have
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Motorcycle Crashes and Helmets: Statistics Prove that Helmets Save Lives

The National Highway Traffic Safety Administration (NHTSA) recently issued statistics indicating that in 2006 helmets dramatically saved lives in motorcycle crashes. The NHTSA estimates that had all motorcyclists involved in collisions worn helmets in 2006, 752 more people would have survived their injuries. As it was, in 2006 it is estimated that motorcycle helmets saved 1,658 lives. Over 4,800 motorcycle riders died in 2006.
Obviously, in those states that require helmet use, the number of riders wearing helmets are greatly in excess of those in
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Chilling Statistics for Motorcycle Accidents

According to the National Highway Traffic Safety Administration (a division of the United States Department of Transportation), in the calendar year 2006, 4,810 people died in motorcycle crashes. This number was up over 5% from those killed in 2005 (4,576). The number of those killed in 2006 were at their highest levels since 1981. Additionally, according to the statistics maintained by the NHTSA, motorcycle fatalities have increased every year for the past consecutive 9 years.
Of course, there are more motorcycle riders on the road
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The Blufton Bus Crash: “An Accident That Did Not Have To Happen”

According to investigators for the National Transportation Safety Board (NTSB), the March 2, 2007 Blufton University bus crash that killed 5 members of the Ohio Blufton University baseball team and injured 28 others was “an accident that didn’t have to happen.” After a year long investigation, investigators for the NTSB concluded that driver error, confusing highway signage and a lack of passenger safety features in the bus carrying the baseball team were all contributing factors in the collision which also claimed the lives of the bus driver and his wife.

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Medication Errors Still Occurring in Hospitals

A baby in a Corpus Christi, Texas, hospital neonatal intensive care unit has died after receiving an overdose of the blood thinner heparin. The baby was one of up to 17 babies in a neonatal intensive care unit receiving overdoses heparin. Heparin is an anticoagulant often used to clean the IVs of patients and prevent blood clots from forming in the lines.
The problem with heparin overdoses of infants in hospitals entered the public arena last year when the twins of actor Dennis Quaid almost
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Motorcycle Accidents and Uninsured Motorist Coverage

This past year our firm handled several motorcycle accidents involving wrongful deaths and serious injuries. What we see in these cases is the importance of a motorcycle rider having uninsured motorist coverage to protect their interests. Even where a motorcycle rider is doing everything right, is wearing a helmet and is operating the motorcycle safely, it is not uncommon for us to see wrongful death and serious injury cases in such contexts. For whatever reason, many people pull right out in front motorcycle
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Police Chase Cases and Innocent Passengers

Since the seminal case of Scott v. Harris as decided by the U. S. Supreme Court there seems to be a prevailing mood that “the gloves are off” and the police can chase a suspect who defies their orders to pull over for as long as possible notwithstanding the dangers to the public. Fortunately, even though this has been the reading by some of the Supreme Court Opinion, the legal landscape is hardly as bleak as some would think. Indeed, state laws like that enacted
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Surgical Checklist For Reducing Errors

The World Health Organization issued its first guidelines on Tuesday aimed at reducing complications and deaths from the rising numbers of operations now being performed. Many who read the checklist will react by wondering why hospitals and surgeons have not been doing this for years.
The guidelines are a list of simple safety checks that the health organization said could halve the rate of surgical complications. The list is intended to improve anesthetic safety practices, avoid infections and improve communication among members of surgical teams.
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Bicycle Accidents and Road Hazards

Earlier this year our Atlanta attorneys settled a wrongful death case involving a bicycle accident which occurred inside the city limits. In that particular case, the bicycle rider, who lost his life, became entangled with loose utility wires hanging from a utility pole near a busy intersection on Peachtree Street. The evidence established that the utility wires had been in a state of disarray for several months but had not been repaired. Unfortunately, this wrongful death case is not an isolated incident.
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Georgia Courts Do Not Favor Consumers

Georgia Court Watch is a project of Georgia Watch, a nonprofit and nonpartisan group committed to strengthening the rights of consumers in Georgia. It has recently issued its annual report on Georgia appellate courts. The reports shows that, contrary to the statements of many politicians, the Georgia Appellate judges are not activists and not overly consumer friendly.
The report analyzed the activity on payday loan, insurance coverage, medical misdiagnosis, and other significant consumer issues. The “2007 Annual Report” identifies and profiles the most noteworthy consumer-related
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The Importance of Uninsured Motorist Coverage

In our personal injury practice we are oftentimes astounded at the lack of understanding by the public of the important nature of uninsured motorist coverage. Many people do not know what uninsured motorist coverage is. Regrettably, many people learn what it is too late to benefit from such important insurance coverage.
In order to get license tags to lawfully operate a vehicle in Georgia, the motorist must have a minimum of $25,000.00 in liability insurance coverage per person, $50,000.00 per accident. What this means is
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