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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Falls In Skilled Nursing Facilities

Our lawyers are frequently asked to review cases involving patient falls in skilled nursing home facilities. Due to the physical and mental conditions of many infirm and elderly patients, it is impossible to prevent all falls. However, in many instances falls can be prevented or greatly reduced by the implementation of proper procedures.
Patients who are long term residents in skilled nursing homes are by definition in a compromised state of health, usually from multiple chronic medical problems. These patients are often weak, are subject
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Another Chinese Made Toy Recall

Mattel issued another major recall today involving Chinese-made toys which contain excessive amounts of lead. These include locomotive toys and accessories for the Barbie brand dolls.
The Consumer Product Safety Commission reported that Mattel is recalling almost 800,000 toys. Mattel reported that it discovered the use of lead-based paint as part of an ongoing investigation of toys it imports from China. The Company is recalling 675,000 Barbie accessories, 8,900 Big World 6 in-1 Bongo brand toys and about 90,000 Geo Trax locomotive toys. These products
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Dishwashers Recalled Due To Fire Hazard

Our lawyers have successfully litigated many cases involving defective household products which have caused fires and serious personal injury or death. Recently, the U.S. Consumer Product Safety Commission, in cooperation with GE Consumer & Industrial has announced a voluntary recall of 2.5 million GE Dishwashers. The recall advises consumers to stop using recalled products immediately unless otherwise instructed.
A defect in the dishwashers has the potential to allow liquid rinse-aid to leak from the dispenser onto the dishwasher’s internal wiring which can cause an electrical
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Automobile Crash Tests

There are two major organizations which crash test automobiles and report the results to the public. One is the National Highway Traffic Safety Administration, (NHTSA), an agency of the United States government. The other is the Insurance Institute for Highway Safety, (IIHS), a non-profit organization funded by auto insurers.
Both work to reduce the number of motor vehicle crashes, and the rate of injuries and amount of property damage in the crashes that still occur. They each conduct basic research and produce ratings for each
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Surgeon Operates on Wrong Side of Brain

The Associated Press has reported that an 86-year-old Providence Rhode Island man died three weeks after a neurosurgeon operated on the wrong side of his head. The patient, whose name wasn’t released, died Saturday, and the state medical examiner was determining the cause of death.The man underwent emergency surgery at Rhode Island Hospital on July 30 to treat bleeding in his brain A nurse practitioner for Dr. Frederick Harrington didn’t record which side of the man’s brain required surgery. When another nurse pointed out the
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Side Crash Tests of Large Cars Reveal Interesting Results

Last week, the Insurance Institute for Highway Safety released test results for side impact ratings of large cars. Three of six large car models tested earned the top rating of good, but one was rated marginal in the side impact crash tests. The Institute ratings of good, acceptable, marginal, or poor are based on a crash test in which a barrier designed to replicate the front end of a typical SUV or pickup truck strikes the tested vehicle in the side at 31 mph.
The
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Medicare To Withhold Payments To Hospitals For Failing To Keep Patients Safe

Our lawyers frequently review cases involving hospital acquired infections, many of which are fatal. New Medicare regulations have been enacted in an effort to prevent these all too frequent tragedies. Under new Medicare regulations, which will become effective in October 2008, hospitals will no longer receive higher payments for the additional costs associated with treating patients for certain hospital-acquired infections and medical errors. The new rules will give hospitals a powerful new incentive to improve patient care, according to Consumers Union, the nonprofit publisher of
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Riding Mower Defects Endanger Children

Each spring and summer our attorneys see an increasing number of injuries to children caused by lawnmowers. An estimated 9,400 children are injured each year. Many of the accidents result in amputations of legs, hands, fingers, feet, and toes. Experts say that the most serious accidents occur when operators back up rider mowers with the mower blades engaged and run over small children they can’t see.
According to the American Academy of Pediatrics, back over accidents alone account for 560 injuries to children each year.
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Nursing Negligence

In the not too distant past, our lawyers’ experience had been that medical malpractice encompassed almost exclusively the negligent wrongs of physicians. However, as nursing has evolved into a sophisticated, technical, and specialized profession, nurses regularly assume roles previously in the exclusive domain of physicians. These include examinations, diagnosis, post-surgical monitoring, and treatments of patients. Sometimes this is done without any direct supervision from physicians. The nurse’s expanded role in patient care, the continual development of specialized and sophisticated medical technology, and the heightened emphasis
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Heat Related Sports Deaths: A Preventable Tragedy

This is the time of year where it seems that everyone who rides in an automobiles passes a high school football practice. The sweltering sun and heat of this summer, which is particularly hot, is obviously a danger to those practicing. If those responsible for the players are not careful, deaths can ensue. Indeed, it has almost become commonplace every summer to read about the death of a high school or college football player due to extreme heat conditions.
Our firm, regrettably, has been involved
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