Personal Injury

Muscle Relaxant Cream Causes Teen Death

Lately there has been a lot of publicity about the death of a 17-year old track star due to her use of the common muscle relaxant sports cream Bengay.

As I was reading these articles, it reminded me of case I handled several years ago involving a similar product called Icy Hot.

In that case, a diabetic client that I represented had used the product and apparently due to her diabetic condition, developed topical salicylate poisoning due to the main ingredient found in the Icy
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Hospital Infections in Georgia – Symptoms of a National Problem

Lawyers in Georgia who handle serious injury and wrongful death cases are often confronted with situations where their clients are hospitalized and later acquire a Staph infection which greatly complicates their recovery. We also see cases where clients call complaining about the development of an infection while hospitalized for one condition where the infection becomes much more serious than the condition for which they were originally treated. Regrettably, many people die from these infections.

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Pharmacy Errors and Serious Injuries

In the summer of 2006 MSNBC.com reported that each year as many as 1.5 million Americans suffer a serious injury or death because of errors made in the dispensing, prescribing or taking of prescription drugs. In an earlier report published by the Institute of Medicine of the National Academies, it was estimated that each year more than 7,000 people in the United States die from pharmacy related medication errors. Last year, in the nationally syndicated program 20/20, ABC News reported extensively on this problem. Regrettably,
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Georgia Motorcycle Injuries and Accidents

Just this past week, clients retained our firm’s services with respect to a serious motorcycle injury. As is often the case, because motorcycle riders are unprotected except for the helmet they wear, whenever an accident occurs involving a motorcycle, typically, serious injuries are involved.
The worst case we handled was about 3 years ago when one of our partners represented a motorcycle rider who was hit by a drunk driver and almost killed. This drunk driver not only ran over the motorcycle driver, the motorcycle
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Another Need for Uninsured Motorist Coverage: Hit and Run Accidents

A few days ago, we wrote an article about the importance of uninsured/underinsured motorist coverage in those situations where the at fault party has minimum limits of liability insurance coverage. Today we write about another reason why all Georgia motorists should consider carrying uninsured/underinsured motorist coverage in amounts at least as much as their liability insurance coverage and perhaps much more.
The distinction between liability coverage and uninsured motorist coverage is the fact that liability coverage protects the person you hit whereas uninsured motorist coverage
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Georgia Mesothelioma Cancer Cases

Mesothelioma results from inhalation and exposure to asbestos. Mesothelioma is a specific form of lung cancer affecting the thin membrane linings of the abdomen and internal organs (cancer of the mesothelium). Because of exposure to asbestos, the cells of the mesothelium become abnormal and cancerous.
In Georgia and elsewhere, asbestos has been used in building materials, paper products and plastics. It is also found in textiles, packings and asbestos reinforced plastics. Nationwide, more than a quarter of a million people have been known to have
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Georgia Workers Compensation Act Needs Amending To Help Injured Workers

Uninsured Employers is a growing problem for injured workers in Georgia. In our practice we have seen a growing number of employees who have been seriously injured only to discover that their employers have no workers’ compensation insurance coverage. Many of those employers have no real assets and they are therefore “judgment proof.”
I recently read that on November 9, 2006, the Governor of Pennsylvania signed into law a significant change in the Pennsylvania Workers Compensation Act. Like Georgia, the Pennsylvania Workers’ Compensation Act covers
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Finding a Qualified Attorney

As I ride around the City, I am amazed at the number of billboard advertisements by attorneys. Occasionally, even though I am working all day long, I also get a chance while I am in a waiting room (usually awaiting a doctor’s deposition) to watch daytime TV. When I watch the TV, I am similarly amazed at the number of lawyer advertisements on daytime television. Obviously, this leads me to consider how the average person goes about finding a qualified personal injury attorney in a
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Loss of Consortium Claims

Many of the clients we represent are married individuals. When they are seriously injured, obviously, their spouses are adversely affected. The emotional toll of caring for an injured spouse, worrying about their health and financial issues and being overwhelmed by dealing with the totality of a serious injury case can be debilitating. The spouse of the actual client may be emotionally taxed and physically burdened by increased demands and therefore entitled to compensation for their damages. The question is whether a loss of consortium claim
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Uninsured/Underinsured Motorist Coverage: Don’t Leave Home Without It

A typical case we see far too often is that where the motorist who caused the damage to our client had the minimum limits of Georgia law which provides only $25,000.00 in liability insurance coverage. Typically such a driver has little or no personal assets to satisfy an excess judgment against them. In those cases where our client’s damages (medical bills, lost wages, pain and suffering) clearly exceed the $25,000.00 in available limits, the best chance for an excess recovery is to procure uninsured/underinsured motorist
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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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