Articles Tagged with damages

ambulance1-resized-600-200x300According to the American Burn Association nearly 500,000 Americans suffer from burn injuries that require medical treatment every year. Among those harmed by burn injuries, an alarming percentage of these individuals were burned due to defective products they trusted. In addition to defective products, it is also common to see burn injuries from work-related accidents and motor vehicle accidents. Burns can drastically alter an individual’s life and in many cases leave the individual debilitated. If you have been affected by a burn injury the best thing you can do is contact a personal injury attorney. Your attorney will advocate on your behalf and fight for the compensation you deserve due to the wrongful pain and suffering you experienced.  

 Different Types of Injuries

 The classification of burn injuries are typically broken down by degrees. In general the spectrum of degrees ranges from fourth-degree to first-degree burns. The classification system breaks down as follows:

Motorcycle-Accident-300x203The mild weather and beautiful landscape of Atlanta and the surrounding area makes the great state of Georgia a hotspot for motorcycle enthusiasts across the nation. In fact, Atlanta alone is home to over a dozen motorcycle clubs. However, with the number of riders in our region comes an increase in motorcycle related accidents. The reality is, no matter how cautious riders are, accidents will happen. According to the National Highway Traffic Safety Administration (NHTSA), motorcycle riders are nearly 30 times more likely to be involved in a fatal accident compared to automobile riders. Fortunately, there are numerous avenues in which riders can receive compensation in the event that they have been injured in a motorcycle accident. With the help of a personal injury attorney, you will be able to get back on your feet and receive compensation for the injuries and suffering you experienced.

 Protecting Yourself

 First and foremost, it is important to remember that all motorcycle riders should ride alcohol and drug-free. There is never an excuse to ride under the influence, and riding impaired is one of the primary causes of motorcycle related accidents. However, even the world’s greatest driver can be involved in an accident if a driver in another vehicle is unaware of their presence, thus, riding defensively and doing everything in your power to promote your visibility is of extreme importance. When riding it is important that you adhere to the following precautions:

ambulance1-resized-600-200x300Each year over 65,000 pedestrians are struck and injured by motor vehicles in the United States. According to the Insurance Institute for Highway Safety (IIHS) most of these accidents occur on public roadways in urban areas. The majority of people never imagine the possibility of being struck by a motor vehicle during their walk to work or a leisurely stroll, but the reality is that injury and death caused by a motor vehicle strike is increasingly common. The exact cause of the prevalence of such accidents is attributed to the increase of distracted driving, however, there are instances where the pedestrian may, in fact, be at fault. Regardless of the situation, if you have been struck by a motor vehicle it is critical that you immediately seek the counsel of a personal injury attorney. Your attorney will be able to answer any questions you may have and advise you on whether or not you are eligible for compensation due to the injuries you sustained.

Pedestrian Rights

In the state of Georgia, pedestrians have the right of way on all crosswalks. However, drivers are often oblivious to this rule or the existence of pedestrians on a busy street. Drivers will often try to shift the blame on pedestrians in the event that an accident occurs. In order for the pedestrian to prove that the driver was at fault, they must prove that the driver’s negligence led to the accident. In general, negligence is defined is the failure to take reasonable action to protect others from a foreseeable risk. To prove that a driver was acting negligently in an accident with a pedestrian the following must be proven:

elderly-300x199Due to the nature of nursing homes, they are often associated with numerous negative connotations. Associating a facility with the end of one’s life will never bring about good thoughts. However, when someone thinks of a nursing home they typically believe they are placing their loved one in a safe and caring environment, never thinking twice that the nursing home may betray their trust. Unfortunately, this is the reality and nursing home abuse is widespread and takes many forms. Among the most common and shocking is sexual abuse against residents of the home. The problem is far bigger than most people are aware of and recent news suggests sexual abuse in nursing is rampant across the nation.

Individuals in nursing homes are particularly vulnerable and often do not have their cries for help heard. The abuse can lead to irreparable physical and mental harm, regardless of the stage of life the victim may be in. If your loved one has been a victim of abuse at a nursing home it is important to know that there is help out there. An attorney can represent your loved one and ensure they are compensated for the abuse they sustained.

The Abuse Is Widespread

crash5By now most people are familiar with the concept of self-driving cars, however, few are aware of the legal and safety implications this new technology presents. Companies like Alphabet, Inc. (Google’s parent company) and Tesla are leading the way in self-driving vehicles–more formally known as autonomous driving. While statistically far safer than human operated vehicles, many people are still very apprehensive about the idea of releasing the wheel and letting a computer take over. Part of the reason for this fear is due to the widespread media coverage of any crash an autonomous vehicle is involved in.

 Autonomous Driving & The Law

 In the near future, autonomous driving vehicles will begin to sweep across the nation. With heavyweight corporations investing large amounts of time and resources in self-driving programs it is only a matter of time until we see widespread fully developed autonomous vehicles. With these developments must come adequate a new legal framework to support this developing segment of transportation that society will partake in. As of 2016, only six states in the country have passed legislation regulating autonomous driving. In the coming years is Georgia is expected to pass its own legislation as the state house of representatives passed House Resolution 1265 in 2014 which laid the foundation for the development of a House of Representatives committee on self-driving vehicles.

surgery-resized-600When an incident occurs in the state of Georgia where someone sustains an injury there are two common potential alternatives. In a situation where the injury was the result of an intentional act or violence, the defendant will face criminal prosecution in the form of battery or assault charges. Alternatively, if the injury was caused by an accident, depending on the situation, an individual can face criminal charges, a personal injury lawsuit, or both. Regardless of what side you find yourself on following an accident, it is always critical to seek the counsel of a personal injury attorney. Your attorney’s guidance can be invaluable as the legal proceedings unfold.

 Common Occurrences

 One of the most common examples of a scenario where an individual can face both criminal charges and a personal injury lawsuit is when a drunk driving car accident occurs. This is due to the fact that the individual will likely be subject to criminal drunk driving charges and, if the accident resulted in an injury, the at-fault party will likely be held liable to pay damages for pain, suffering, lost wages, and medical bills.

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.

Insurance policy exclusions and collection of damages from insurance policies.An injured woman settled for $400,000.00 after  she  was hit by a golf cart driven by  an intoxicted driver.  The plaintiff in this case was walking after leaving  an  outdoor  concert in  Peachtree  City.  She was then struck by  a golf  cart  driven  by a man  who was later arrested for  DUI.     The Defendant in  the case was  leaving the outdoor concert and had parked his golf cart  near the golf cart path.    As the defendant pulled  onto  the path, he  struck the plaintiff  and kept  going until a passersby stopped  him and  removed the key from the golf cart.   It was reported that the Defendant was not aware that he had hit the injured lady.  The Plaintiff’s injuries included two broken bones in her leg, and her medical bills totaled $75,000.00.

The Defendant’s insurance company fought to exclude liability coverage under the Defendant’s homeowner’s insurance policy.  The company argued that the golf cart was excluded from the Defendant’s liability coverage.  The insurance company then filed a complaint for declaratory judgment arguing “policy exclusion”.

The court; however, held that the  wording in  the insurance policy was  “unclear”.  The policy attempted to include an exclusion for golf carts based on the number of people the cart was designed to carry.  Further the court held that the language in the insurance policy was ambiguous  and coverage exclusions must be clearly defined.

Assumption of Risk

“assumption of risk”

A $15 Million Dollar Verdict was deemed uncollectable under “Fireman’s Rule”.   A Fulton County police officer was providing security, part-time, for a local church.  While on his way home, he came upon a single car accident.   The officer recognized the crashed vehicle as the type of vehicle typically driven by undercover officers and detectives.

When the officer stopped to render  aid,  he was shot by the driver of the crashed vehicle.    The driver of the crashed vehicle turned out to be police  officer from a different police department.

personal  injuryWhen it comes to injury cases, people often ask, “How much is my case worth?”.    To answer this question, it must be understood that each case stands on its own merits.   There is no quick answer to this question.

In automobile accidents, years ago, the settlement amount could expect to be approximately three times the amount of medical expenses.   For example, if the total chiropractic and/or medical bills were $4,000.00, the injured party could expect to receive a settlement in the amount of $12,000.00.   But this is no longer the case.

Years  ago,  the largest insurance companies gambled on the likelihood of lawsuits being filed by many of the largest legal advertisers who worked on sheer volume.  The insurance companies discovered that large legal advertisers working on sheer volume were not likely to file suit if offered small settlement  amounts.  Thus, the largest insurance companies began offering settlements as low as an amount equal to the medical bills or at times,  two-times the medical bills.  And  they found that,  in fact,  many  of  the larger  advertisers  would encourage their clients to accept  the offer.

To justify their low offers, insurance adjusters made arguments of “little vehicle damage”, or “all treatment was chiropractic only” or the injured party only treated for 30 or 60 days, etc.

Thus, to combat these low settlement offers, the firm representing the injured party must be willing and able to litigate the case on behalf of their injured client.  First and foremost, the case must be well documented.    If there is significant vehicle damage, there should be photographs to show the property damage.   Jurors will appreciate knowing that this was not just some very minor  vehicle collision.   Second, if there are visible injuries, photographs should show any visible injuries, scars, etc. Continue reading →