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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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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