Articles Tagged with personal injury

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:

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:

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.  

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.

drugs
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.