ambulance6-resized-600-300x201In 2016 there were 1,130 traffic fatalities in the state of Georgia, a harrowing statistic, however, no number can come close to encapsulating the immense pain and confusion associated with the sudden loss of a loved one. The shock of receiving this kind of news can be unbearable, and the unfortunate reality that the incident may have been caused by someone else can place extraordinary strain on a family. Fortunately, there are laws in place to help hurting families through these tough times. If you find yourself in a situation like this it is imperative that you reach out to a personal injury attorney who will be able to guide you through your situation. An attorney can be a voice of reason and will fight to ensure that you and your family receive the compensation you deserve.

 Wrongful Death Torts

 A wrongful death claim is a situation in which the plaintiff (the accuser) seeks damages from the defendant for causing a fatality. Georgia state statutes describe  “wrongful death” as a personal injury tort where someone’s reckless, negligent, or intentional action resulted in the death of another individual. In most instances a wrongful death is typically the result of a vehicle accident, criminal act, or medical malpractice; however, the claim is not dependent on how the individual died.  

crash5Following an auto accident, you may feel pressured to comply with questions and requests that are made. The aftershock of the collision and the feeling of helplessness that follows can make a person overly compliant. However, it is important to know that your actions and responses after an auto accident can set the tone for the claims process. If you are involved in an accident it is best to first speak with an experienced attorney who will advise you on how to best handle the circumstances of your situation.

 What Should You Do?

 Following an accident, you will be approached by an insurance adjustor who may seem like they are looking out for your best interests, however, be aware that this is not the case. This individual works for the insurance company and their primary objective is to save their company and client as much money as possible. During this process, the insurance adjustor can use any action or statement you make against you. Maintaining your silence will ensure that you do not compromise your case.

car-accidentTypically, when you think of a hit-and-run accident, you think the worst, a situation where a driver hit a pedestrian and fled the scene. However, Georgia state law provides a far more broad definition of this term. Surprisingly, statistics suggest that nearly every driver will be a victim of a hit-and-run in their lifetime. The most common occurrence is when your vehicle is parked in a parking lot and is struck while you are away, and the driver leaves without leaving any information. Unfortunately, the number of serious injuries and fatal hit-and-runs are also on the rise in the United States.  According to the AAA Foundation for Traffic Safety, nearly 1500 American drivers are killed annually in hit-and-run collisions.

Hit-and-Run in Georgia

In the state of Georgia, a hit-and-run is defined as any incident where a driver fails to stop or return to the scene. This means that a hit-and-run is any occasion where a driver leaves the accident prior to identifying themselves. Regardless of if the collision involved personal injury or property damage, every driver must remain at the scene. Depending on the type of collision and severity of the damage, Georgia law lists potential penalties for drivers who flee the scene of an accident.

crash5Every day nearly 15,000 Americans are injured in automobile accidents. Regardless of fault, an automobile accident is traumatic for all parties involved. Unfortunately, once the dust settles the blame game typically begins—who caused the accident, what were they doing? In the Georgia legal system, to prove someone is at fault, you must prove the at-fault party caused the accident due to negligent behavior.

In any situation where you are injured in an auto accident, you should seek out an experienced personal injury attorney for the guidance and expertise you deserve. A personal injury attorney will be your personal advocate and will be by your side as you fight for what is rightfully yours.

 What Do You Have To Prove?

dog-bite-resized-600-300x300For many their furry canine friend is an irreplaceable part of their family, “Max”, “Spike” or “Buddy” are treated like humans and given all the trust in the world, and for the majority of families, this is where the story ends. Unfortunately for others, this could not be farther from the truth, and “Spike’s” actions resulted in bodily harm to a human, or worse.

As circumstances unfold following an incident where a canine or other animal has caused bodily harm to a person, dealing with the emotional and physical repercussions can be overwhelming, and the road to recovery can be treacherous. If you find yourself in a situation like this, you must first hire an experienced attorney to be by your side, an experienced attorney will guide you through this time and get you the compensation you deserve.

Georgia Law & Dog Bites

Ambulance-300x200Every year 2.35 million people are injured in automotive accidents in the United States alone. Annually, these accidents cost taxpayers over $230.6 billion, or $820.00 a person. Although staggering, these statistics do not begin to shed light on the physical and emotional toll experienced by an individual after they have been in an accident.

 The process of healing and recovery is often lengthy and strenuous, during this period the last thing anyone needs is to be alone. The first thing you should do if you or somebody you know has been injured in an accident is contact a Personal Injury Attorney to be by your side. From there you will have a knowledgeable partner to help you get back on you on your feet and assist you in getting you the compensation you deserve.

Insurance Company?

tire1-300x200When was the last time that you walked into a retail tire center and questioned the sales rep about the age of the (new) tire you were about to purchase?  Your answer is probably never, correct?  Unfortunately, most of the public has no idea about the age of a tire, the tire’s lifespan, or even how to find answers to these questions.  And unfortunately, in many accidents, especially single vehicle accidents, people tend to blame driver error instead of looking deeper to find the real culprit.  And when there are defective tires on the road, the recall system leaves much to be desired.

So, lets start with the tire retailer.  Manufacturers often fail to require that the retailer register the tires they sell.  Accordingly, this presents a challenge to manufacturers when they attempt to identify who is selling a particular tire, especially when a tire is determined to be “defective” and a tire recall is issued.  And most consumers are unaware that they can and should register their tires with the manufacturer so they can be notified of a recall if the tire is determined to be defective.

And when it comes to motor vehicle accidents, it has been estimated that there are as many as 33,000 accidents yearly with 19,000 injuries and 500 deaths associated with tire defects.  The National Transportation Safety Board (NTSB) reported, between the years of 2009 and 2013, that there were 55 tire recalls (safety-related) involving 3.2 million tires.

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The importance of large tractor trailer trucks to the economy is no surprise.  Tractor trailer trucks are indeed, vital to commerce.  However, with the size, weight and distance traveled by these trucks, there is a significant risk of serious injury or death when an accident occurs.

In fact, there was a 20% increase in the number of accidents over the past 20 years.  As reported by the Federal Motor carrier Safety Administration (FMCSA), 4,897 deaths occurred in crashes involving large trucks.  There were approximately another 130,000 people who were injured.

But, unlike your typical passenger vehicle accident, investigating and resolving injuries and deaths resulting from tractor trailer collisions is a totally separate matter.  For information on passenger vehicle accidents not involving a tractor trailer, see my articles on Auto Accident Whiplash Injuries, Spinal Cord Injury Accidents And Resources, and Compensable Damages In Injury Cases.

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Consumers, under the law, are able to sue for damages for defective products as a result of negligence or strict liability.  Recovery can be based on defects in the manufacturing, inadequate warnings, fraud, defects in the design, and implied warranty (where the product is not fit for the ordinary purpose for which it was sold).

Toxic Tort litigation involving defective drugs is governed by both the FDA under the Federal Food, Drug, and Cosmetic Act of 1938 (FDCA), 21 U.S.C. §§ 301-1012, 42 U.S.C. §§ 262, 264, 266, 282, 284, the Public Health Service Act, as well as State law.

FDA approval of “new drugs” includes virtually all prescription drugs, as well as, some drugs which are sold over the counter.  And testing of the new drug may take up to 12 years or longer before FDA approval is obtained.

ambulance6-resized-600On a daily basis, people are injured, sometimes due to their own fault or often due to the negligence of another.  But, just because one believes that the other party is at fault, the burden remains on the Plaintiff to establish certain elements in order to prevail in a personal injury action.

These elements include: duty, breach of duty, causation and damages.  These same elements are applied to the auto accident/trucking accident case, slip and fall, nursing home negligence, medical malpractice, wrongful death, products liability, defective drugs, etc.

First, the Plaintiff must establish by law that the Defendant had a “duty” to crash5prevent the harm suffered by the Plaintiff.  If, for example, the injury is related to an auto accident, the “Rules of the Road” may establish that duty, for example, failure to yield while turning left, following too closely, etc.