Articles Tagged with wrongful death

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:

surgery-resized-600The United States Food and Drug Administration (FDA) has recently reported that a particular type of cancer has been linked to women with breast implants. The connection is being made between anaplastic large cell lymphoma (ALCL) and women who have received breast implants. Thus far the FDA has associated nine deaths to this form of cancer stemming from breast implants. In an official statement, the FDA reported that “All of the information to date suggests that women with breast implants have a very low but increased risk of developing ALCL compared to women who do not have breast implants”.  Exact numbers are difficult to determine because ALCL is being linked to a very specific type of procedure but the FDA has revealed that they have received reports of 359 cases associated with ALCL and breast implants.

 Investigation

 The FDA first discussed the potential risk associated between breast implants and developing cancer six years ago. However, at the time they did not have the technology to effectively research possible connections and draw any definitive solutions. Instead, the organization simply advised women who received implants to proceed with extra caution and regularly check with their doctor should they believe an abnormality occurred.  However, recent research has revealed that there is a specific link between cancer and those who received “textured” breast implants. Of the cases, the FDA specifically analyzed almost 88 percent of the cancer victims also received texture breast implants. Fortunately, for those affected by the disease, the FDA reported that ALCL is a particularly slow-growing cancer and if caught in the early stages, it is typically treatable.

trial-resized-600-300x201In life, certain people may not see eye to eye, and unfortunately, this holds true in attorney-client relationships as well. An attorney can be a vital asset during a personal injury claim, however, it is important to understand that an attorney-client relationship can be very complex. It is imperative that a person has complete trust in their attorney and feels as if their needs are being met, in the event that this is not the case it is possible to switch attorneys. Although not always the easiest thing to do you can “fire” your personal injury attorney once a lawsuit has been initiated. However, if you feel it is necessary, you should not be afraid to switch attorneys to the attorney you feel is best for you.  

 Consulting with a New Attorney

 It is important to remember that you have a contract with your current attorney, however, a judge will allow you switch attorneys should you feel the need. When you contact a new attorney it is important to let them know you are currently being represented by someone else. Once you have hired a new attorney it is important that you promptly notify your previous counsel of their dismissal.

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.

Xray-doc-300x200Spinal cord injuries are often thought of as the worst possible injury a person can sustain. The repercussions of an injury to the spinal cord can be catastrophic and can cause paralysis or death. It is common for people to typically associate spinal cord injuries with severe accidents and acts of violence, and while these may be common causes of spinal cord injuries, a study by researchers at Johns Hopkins University has revealed that slips and falls are the leading cause of spinal cord injuries in the United States. The studied revealed that slips and falls account for nearly 42 percent of spinal cord injuries across the country.

 The researchers revealed that spinal cord injuries are actually on the rise across the United States. While this may shocking news considering the seemingly perpetual betterment of technology and safety procedures our country enjoys, the researchers attributed this trend to the fact that a large portion of new injuries involved the elderly. Thus, they believe the rise in injuries has been due to the aging of the baby-boomer population.

The Result of a Spinal Cord Injury

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.

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.