Georgia Injury Lawyers Blog

In the years since we opened up our personal injury law firm in Atlanta, Georgia we have interviewed thousands of folks. Most everyone believes they have a meritorious case against someone who caused them injuries or death to a loved one.
It has never stopped being surprising to us that many attorneys are reluctant to tell a prospective client that they don't have a case, or that it would be very difficult to prove or too expensive to pursue.
We have found in these circumstances that being candid and explaining why the law, facts or costs make for a bad case is very much appreciated by the person coming to us.
Explaining why it is not adviseable to bring a case can often help to bring closure to an upsetting situation.
Our Atlanta, Georgia law firm is careful to only take cases we can win - this is best for all concerned.

Nissan has recalled almost 200,000 Pathfinder and Infiniti vehicles that could experience a loss of control while being driven. The recall of these vehicles has been announced due to concerns that road salt and water may cause corrosion leading to loss of steering.

Model years 1996 through 2004 Pathfinders and 1997 to 2003 QX4s are subject to the recall. Customers will be notified in May and the vehicles will be inspected and repaired at dealerships at no cost to owners. At our Atlanta product liability law firm we have seen too many people injured by defective vehicles before warnings ever arrived in the mail. If you have one of these cars do not wait for the recall letter. Go to the dealer and insist that the vehicle be inspected immediately.

Let's say you are hurt in an accident on the highway. A truck crosses the center line and hits you head-on. A claim is made against the insurance company covering the truck. Sounds like a clear cut case. Not so fast - the insurance adjuster says there is partial responsibility for your injuries that are owed by a construction company. The adjuster says roadway construction barrels were improperly positioned on the road and that interfered with the truck driver's ability to stay on his side of the road.
This is an example of the many issues that can come up in a case. The adjuster's argument may be totally bogus - the barrels had nothing to do with the accident, factually or under Georgia law. Then again, the barrels may have been a factor that needs to be considered, and a decision made about whether to sue the highway construction company; or what tactics should be used against the truck driver to defeat this argument. This may require, for example, retaining a highway construction or trucking expert. At our Atlanta, Georgia injury law firm we are careful to consider all potential issues that may come up in a case.

When someone is injured by a driver who is impaired by alcohol the injured party often has a separate claim for punitive damages to punish the driver for their reckless conduct. Driving under the influence is one of the very few acts that expose an individual or company to unlimited or "uncapped" punitive damages under Georgia law. We know since our Atlanta injury law partners have recovered record verdicts and settlements under these laws.

What may be just as important are the financial, personal and professional costs that may result from a DUI conviction. Beyond a substantial fine there are attorney fees, surcharges for court authorized programs and probation fees. A 24 hour minimum jail stay is mandatory for even a first conviction. Community service, DUI School and license suspension are always imposed as part of the sentencing.

Professionally, law and medical students careers can be threatened. Military officers can lose their commissions and soldiers can be barred from reenlistment. Future employers may decide not to employ an applicant with a DUI conviction as a matter of policy.

If you think that you can handle a first DUI charge without serious consequences then think again.

Everyone's nightmare is to hear a diagnosis of cancer. When there have been symptoms for months, or longer, but the physician ignored them, or failed to do a proper exam or testing the question becomes: is there a medical malpractice case?
The answer is complicated. We must investigate several issues. First, did the doctor violate the "standard of care". This legal term means, "what would another doctor have done under the same or similar circumstances?" This question under Georgia law can only be answered by another medical doctor practicing the same specialty of medicine. However, that is not the end of the investigation. The doctor who answers this questions in the affirmative will be your expert witness.
Next, the physician expert must answer whether an early diagnosis would have made a significant difference in the patient's condition. For example, if the patient has Stage IV cancer, a terminal condition, an early diagnosis may have saved their life. This then would be the basis for bringing a case against the doctor. On the other hand, there are unfortunate circumstances where even an early diagnosis would not make a difference in the outcome. These sad circumstances would not likely lead to our Atlanta, Georgia law firm taking the case. There must be a causal connection between the malpractice and the injury.
So, in these types of cases there is much to consider, much to do and they are expensive to pursue. Plus, the emotional frailty of the patient and their family must be handled with care.

Our Georgia injury firm partners have handled auto product liability cases against all of the major car manufacturers. New devices that provide comfort and convenience are also a major marketing device for car companies. The designers often fail to consider the safety aspects of these improvements.

In a letter to the National Highway Traffic Safety Administration (NHTSA) auto safety advocates from Safety Research & Strategies, Inc. have alerted regulators to the danger that paralyzed vehicle occupants are at risk of serious burns from seat heaters. Paralysis victims inability to appreciate the sensation of excessive heat puts them at risk. Warnings and heater limit switches are simple remedies for the problem and hopefully NHTSA will take action soon.

In accident cases where there are head injuries , one element of damages is whether brain damage has occurred and to what extent. If the client is acting forgetful, confused, having trouble concentrating, is experiencing severe headaches, getting lost when driving, having problems keeping appointments, etc. it is likely that some brain injury has been suffered.
In these situations the fact that a brain injury was sustained can be subtle and difficult to recognize-and difficult to medically document.
Physicians such as neurologists may refer the patient to a specialist called a Neuropsychologist. These ph.d degreed psychologists are specifically trained to conduct testing that can quantify the areas of brain function to determine and document brain injuries. Their services are often invaluable since tests such as brain MRI's and CT scans can not do what these neuropsychological tests accomplish.
Our Atlanta, Georgia personal injury law firm has utilized these specialists in many brain injury cases, whether subtle cases as discussed here or in catastrophic brain injury cases.