Personal Injury

Senate Passes Bill To Help Prevent Food Borne Illnesses

Today, the United States approved the biggest overhaul to the nation’s food safety laws since the 1930s. By a bipartisan vote of 73-to-25 the new law would gives new authorities to the Food and Drug Administration, places new responsibilities on farmers and food companies to prevent contamination, and for the first time, sets safety standards for imported foods.
The Senate vote was one of the few pieces of legislation to receive bipartisan approval in years. The House of Representatives approved a more stringent version of
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Suing State Government In Georgia: Exceptions to Sovereign Immunity

There is a State Tort Claims Act found at O.C.G.A. § 50-21-20, et. seq. The Act resulted from an amendment to the Georgia Constitution and became law in April of 1992. It was intended to provide a remedy for torts committed by State officers and employees and establishes a procedure to waive sovereign immunity under certain circumstances to allow suits against the State for tortious acts of state agents, employees and/or officers. Individual State officers and/or employees may not be named as a party to a lawsuit. Under the State Tort Claims Act, the exclusive remedy for a tort committed by a State employee is an action against the state agency involved and not against the employee personally.

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Nursing Homes Hide Behind Confusing Ownership

Our Atlanta based attorneys frequently pursue cases against nursing homes involving horrible neglect and abuse of elderly and disabled persons.
In most of these cases our attorneys must sort through a maze of companies and entities designed to hide the true ownership of these offending entities and thereby avoid responsibility.
It is encouraging to see that several national lawmakers in the health policy world now want want nursing homes to be more open about who’s running them.
Sens. Max Baucus (D-Mont.), Chuck Grassley (R-Iowa)
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Toy Safety Report Released

The U.S. Public Interest Research Group, a private consumer advocacy group, recently released its 25th annual study of toy safety. It reported that only a small fraction of children’s toys tested for toxic substances and choking risks have been found to violate federal safety regulations.

The group’s public health advocate commented that while the study did not find perfection in toy safety, it did indicate progress.

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Medical Errors Kill 15,000 Medicare Patients Each Month, According to Inspector General

A disturbing Inspector General report from the shows that medical errors are harming and killing our senior citizens at alarming rates.

An estimated 15,000 Medicare patients die each month, and many more are injured, because of usually preventable medical mistakes in hospitals and other facilities.

The report focused on “adverse events,” defined as “harm to a patient as a result of medical care, such as infection associated with use of a catheter,” and “never events,” which are specific “serious events, such as surgery on the wrong patient, that the National Quality Forum (NQF) deemed ‘should never occur in a health care setting.’”

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Suing The Government: Exceptions to Sovereign Immunity

Today we received a telephone call from a client who had been injured on some school property. The client was vaguely aware of the doctrine of sovereign immunity and unfortunately for this particular person their claim was completely barred by operation of law. Why: because of the doctrine of Sovereign Immunity?
The law has long been that lawsuits against government official performing their discretionary and official job functions are discouraged. If it were not otherwise there would be litigation every time someone disagreed with what
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Products Liability-Manufacturers Are Responsible For Dangerous Products

Products should meet the ordinary expectations of consumers. If a product is defective and dangerous, then the designer, manufacturer and/or seller can be held accountable for any injuries or deaths that result. There are a number of different types of product liability cases.
Defective in Design: In a design-defect case, the dangerous product is in the condition intended by the manufacturer, but the design itself is unsafe.
Defects in Manufacturing: In a manufacturing defect case, the product’s design was safe, but the way
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Nursing Home and Insurance Company Abuse of Elderly and Disabled

Our Atlanta based attorneys have and are litigating cases against nursing homes involving almost unspeakable abuses of elderly and vulnerable patients. These civil suits help uncover abuses by nursing home and insurance companies, according to a new report by the American Association for Justice.

“Where regulatory and legislative bodies have been unable to cope with this distressing rise of neglect and abuse of our elderly, the civil justice system has stepped into the breach,” said the AAJ President, in a statement accompanying the release of the report, “Standing Up For Seniors: How the Civil Justice System Protects Elderly Americans.”

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On-The-Job Accident Results In Death Of Georgia Worker

The Associated Press reported this week that 37 year old Jimmy Roubles of Augusta died in a construction accident when a trench caved in on him while he and a co-worker were installing pipes six feet underground. The article did not indicate whether this man was married or whether he had children. If he left dependants, they will be entitled to Georgia “death benefits” under the Georgia Workers’ Compensation Act; although the benefits are pitiful and limited.

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Motorcycle Accident In Henry County Involves Hit-And-Run Driver

Georgia injury lawyers know that motorcycle accidents often result in serious injuries and even death for the biker. Today WSBTV reported that a motorcyclist was severely injured as a result of a hit-and-run crash in Henry County. Justin Haynes, age 34, was struck at Fairview and East Atlanta Rd in Ellenwood by a female driving a black Toyota Highlander. According to police, the women stopped but then drove off.
Hit-and-run accidents are becoming more common in Atlanta. There is a 24 year old woman on trial this week who is accused of causing a collision which took the lives of several innocent people. In that case, the woman left the scene and was then assisted by her mother in attempting to cover it up.
Georgia law provides that if someone negligently injures or kills someone and there are aggravating circumstances involved, such as being intoxicated of leaving the scene and failing to render aid, the offending party may be liable for punitive damages.

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The Importance of Uninsured/Underinsured Motorist Coverage

We have written prior entries in our blog about the importance of uninsured/ underinsured motorist coverage. The importance of such coverage was underscored this week when we were contacted by clients who had been hit by driver of a stolen vehicle. This is a classic case where the at fault driver will not have insurance coverage. In this particular case the innocent victim caught up in this collision did not have uninsured/underinsured motorist coverage. Obviously, the stolen vehicle had no insurance coverage which provided coverage
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How Do I know That I Have Received A Fair Settlement Offer In My Case

Defense attorneys and plaintiffs attorneys, alike, both have resources available to determine the fair value of a particular personal injury claim. Jury verdict research services exists which track jury verdicts throughout metropolitan Atlanta and indeed the entire state of Georgia. By tracking jury verdicts, one can determine what juries are giving for particular types of cases. Juries award so much for a broken leg, a broken back, a neck injury, a back sprain, a neck sprain, an amputation, etc. In short, there are a lot
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How Do I Choose a Personal Injury Attorney?

Many clients choose their personal injury attorneys by watching the television or looking at billboards. Unfortunately, this does not always result in a client choosing the right attorney for his or her case. The best way to choose an attorney for a personal injury case is to make sure that the attorney selected is competent, professional and experienced. It is also important that the client determine that the lawyer being chosen has the ability to present the case to a jury if the case cannot
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Quantifying Pain And Suffering In Personal Injury Cases

It is extremely difficult to quantify damages in a personal injury case. While medical bills can be totalled and lost wages calculated, trying to calculate damages for pain and suffering is a different matter. When one is out of work for months at a time suffering from back pain, as an example, the question is: how does one go about trying to determine what would constitute fair and reasonable compensation for the pain and suffering attendant to the injury? The longer one suffers, the
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Representing Crime Victims in Personal Injury Cases

Most of our clients are innocent victims of negligent acts. A person is sitting still at a stop sign and a driver negligently fails to stop in time rear-ending them and causing serious injuries. Another driver fails to yield right-of-way and crashes into the side of their vehicle. In both cases, a negligent act caused the injury to the innocent victim. In other cases, however, intentional torts are involved. A step-father molests a child. A man rapes a woman. A man kills someone else. In
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Atlanta Police Chase Ends In Crashes With Innocent Persons

This morning we were disturbed to hear of a police chase on Atlanta’s major street that ended in crashes with two innocent motorists.
In the Buckhead neighborhood this morning, a police pursuit of a reportedly stolen vehicle ended with a violent crash with two innocent drivers on Peachtree Road, near Peachtree Battle Ave. (near several elementary schools).
Witness accounts report that at least one innocent driver’s vehicle was propelled a long way after the impact, and we pray that the innocent motorists survived without serious
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Wrongful Death Cases Caused By Fire

Our office has been contacted on numerous occasions by individuals seeking restitution for the loss of a life of a loved one due to a house fire. In some cases the house fire may be caused by a malfunctioning device. In other cases the fire’s consequences may have been escaped had a smoke detector been functioning properly. In other cases, an electrical water heater may explode or there may be problems with a gas line or some other component of the house itself which causes
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Suing The Postal Service For Personal Injuries

We have been contacted many times concerning tort claims against the U. S. Postal Service. Typically these involve personal injury claims arising out of motor vehicle collisions where a postal truck of some kind is involved. Sometimes it is the mail handler delivering the mail and sometimes it is a large tractor-trailer delivering mail between districts. In either circumstance, where one sustains an injury as a result of the negligent acts of a Postal Service employee, it is necessary that the claimant file a Standard
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Police Chases For Non-Violent Offenses Continue To Kill

We read today a newspaper article out of an Indianapolis paper where two teenagers were killed following a police chase for a minor traffic infraction. Ironically, the police department in question had recently decided to review its own internal policies concerning high speed police chases. The current policy under review by the department would not have allowed the chase, which resulted in the death of the two teenagers. It bears repeating that many times the people that are killed in these chases are
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Trucking Accidents and Bad Weather

It is well known that large tractor-trailer trucks are very difficult to stop even when being operated prudently. Because of the weights on large tractor-trailers, if a tractor-trailer needs to suddenly stop for whatever reason, it takes much longer for the truck to stop than it would for the ordinary passenger vehicle. It is for this reason that regulations exist requiring trucks to slow down in inclement weather. Wet roads result in greater stopping distances for large tractor-trailer vehicles and thus, if it is
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