Georgia Injury Lawyers Blog

Our Atlanta, Georgia malpractice personal injury law firm has seen doctors protecting other doctors for years. Now there is a new study conducted by the American Medical Association that shows the size of the problem.

Published online Tuesday in the "Journal of the American Medical Association" the survey shows that while 17% of doctors knew of colleagues mistakes or incompetence; 36% do not report the dangerous doctor: Your doctor could be drunk, addicted to drugs or outright incompetent, but other doctors may not blow the whistle. The moral of this story is to make certain that the doctor you choose deserves your respect and confidence before they treat you as a patient.

The brain is a vital part of the body. It allows us to makes decisions, to think, and shapes our personality. An injury to this area is not something that should be taken lightly. Traumatic brain injuries (TBI) can not only cause life-long afflictions that come with rehabilitation and care from specialty facilities, like CareMeridian, but can potentially be deadly.

March is Brain Injury Awareness Month, and it's important to understand what TBI is and the profound effects it has on victims and their families. TBI is split into two categories: mild and severe. In a mild case consciousness is lost for 30 min or less. Unfortunately these cases are usually overlooked, but can often times result in mood swings, headaches, and difficulty in thinking. Severe TBI involves a loss of consciousness for over 30 minutes and can have life long effects on the victim's motor skills and psyche. Cases of TBI may seem like a rarity, but every 16 seconds a TBI occurs in this country. It is essential that people are aware of TBI so it can be prevented.

Guest Blog from:
Chelsea Travers
CareMeridian
ctravers@caremeridian.com

According to the Newnan Georgia Times-Herald tort reform laws have now been passed in 46 States. For over 15 years Georgia has required an affidavit of merit before a lawsuit could be filed against a doctor or other professional. Still everyone knows that medical costs just keep going up.

Doctors, hospitals and Republicans still love to talk about tort reform. Why? It gets their political base who believe the justice system is "jackpot justice" to send money and votes. But if 46 States already have medical tort reform including caps on damages, affidavits of merit and even immunity for anything but gross negligence, then how can there be a problem.

The Congressional Budget Office found that medical malpractice costs are as little as 2 percent of the country's overall health care cost. The entire tort reform debate was adopted and incited by Karl Rove to get George Bush elected governor of Texas. It worked so well they used it to move to Washington. With Karl if it works politically then facts are irrelevant.

Our Atlanta law firm has seen it over and over. People hurt by medical negligence who can not believe that the law favors the medical establishment - and that includes doctors and their families hurt through negligent medical care.

What you innocently tell an insurance company can be the difference between a check or a fight. Our Georgia injury law firm has seen it happen to the most honest people.

The Wall Street Journal reports that in accident, homeowner claims and even health insurance, what insurance companies hear makes a difference. The example is the driver who naively says "I'm sorry" at an intersection collision without even thinking about who was at fault. Those two words can mean an insurance denial even though the other driver was responsible.

Think before writing or speaking to an insurance company. Assume that everything is either recorded or written down because it is. Or, contact a lawyer who understands how insurance companies work before you make an honest mistake.

It has come to light in the national news that the National Highway Transportation Safety Administration had conducted a study which confirmed what most everyone knows: talking or texting on a cell phone is dangerous and increases the likelihood of an accident. According to the numerous news reports this federal agency withheld the findings out of concern that it would stir up a hornets nest in Congress. The thinking supposedly was that it would force political decisions about enacting legislation to limit or prevent cell phone use while driving. This follows recent events where train collisions have occurred while operators were supposedly texting.
While political considerations may interfere with safety regulations at the Federal or State level, including here in Georgia, there are no limitations on how this safety issue is handled in our Atlanta, Georgia serious injury truck and auto accident law firm. As part of every investigation we make in vehicle collision cases, we determine if the at-fault driver was distracted by cell phone use. When we file suit, we aggressively pursue this issue in discovery, which includes cross examining the driver and witnesses on the subject, subpoening cell phone records and taking all other measures to see if this played any part in the negligence of the driver.

The New York Times - July 20, 2009

In Georgia, where a bar, restaurant or for that matter any other person provides alcoholic beverages to someone who is noticeably intoxicated and is known to be intending to drive a vehicle can be held legally liable for injuries or death which result from a drunk driver. This type of case is called a Dram Shop claim.
A recent decision from the Court of Appeals in the State of NY has been reported, Noleen G. Walder, Law.com July 14, 2009 In that case a plaintiff sought to sue a convenience store company which sold alcohol to a drunk driver. The Appellate Court dismissed the case, not allowing testimony that alcohol could be smelled on the purchaser.
This court ruling points out the pitfalls that can exist in Dram Shop cases. Our Atlanta Georgia serious motor vehicle collision law firm is careful to do a thorough investigation and make sure that all evidence is carefully developed to make out one of these cases. When someone is seriously injured or killed in a drunk driving collision it is always critical to investigate where the drunk driver had been before the accident to see if a Dram Shop case can be established.

During the presidency of George W. Bush the rule of "Pre-Emption" was aggressively expanded.  This rule prevented many consumers and other citizens from bringing lawsuits for wrongs committed by drug makers, manufacturers and other corporations. The rule of pre-emption basically has held that where a federal agency has enacted a regulation that permitted the sale of a product, this would protect the maker of the product from being sued, even if the product was defective or negligently made, marketed or distributed. Obviously, this was grossly unfair to victims of corporate wrongdoing. The Obama administration has taken steps to overrule this grossly unfair legal priciple. This should now protect the public and allow meritorious lawsuits to be brought against wrongdoers. Our negligence/product liability Atlanta Law Firm has a long history of successfully representing victims in major cases who have been injured or killed through the fault of dangerous and defective products of all types.

Boston Globe - "Obama ends Bush-era lawsuit policy"

 

 

When a Georgia crime victim suffers an injury or loss there may be a remedy beyond filing a lawsuit. A judge may order restitution to be paid by a defendant if a criminal is convicted. Georgia also provides for possible state compensation for victims of personal injury or death resulting from criminal acts.

17-15-1 Findings by the legislature.

      The General Assembly recognizes that many innocent persons suffer personal physical injury, severe financial hardship, or death as a result of criminal acts. The General Assembly finds and determines that there is a need for assistance for such victims of crime. Accordingly, it is the General Assembly's intent that under certain circumstances aid, care, and assistance be provided by the state for such victims of crime.

As of July 1, 2009  civil case appeals will cost almost 400% more in Georgia. This includes all personal injury and accident appeals and will make access to the civil justice system more difficult for Georgia citizens. 

The cost of a civil appeal will rise from $80 to $300. Increased costs and new rules for online filing through captive internet providers all mean the average citizen will pay more and face greater difficulties getting through the peoples court system. Our Atlanta Injury Law Firm believes that reasonable access to the courts are as important for civil justice as   criminal justice. Ask anyone who has suffered a life altering injury. Remember that "the power to tax is the power to destroy."

Over the last several years the Federal Government and many State Legislatures have passed laws to limit the amount of damages individuals could recover in cases where serious injuries or death occurred due to the fault of others.Unfortunately, Georgia has been one of those states.  The most common "Cap" on damages has been in medical malpractice cases, but the strategy to limit legitimate recoveries has not been directed just to the negligence of doctors or hospitals. 

When an individual is wrongfully injured or a loved one is killed and substantial damages should be recovered under law, these measures to deprive the average person of their rights have been terribly unfair and unconstitutional.  The tactics to have these damage caps passed throughout the country have been promoted by the insurance industry, big business and others to put their interests ahead of the folks.

We are finally beginning to see a trend back to sanity, where these damage caps are being declared unconstitutional, overturned and rights of individuals restored.  Most recent examples are from the State of Tennessee where an effort to cap nursing home damage claims failed; and in Nevada where a cap on damages has been removed by the state legislature.

Here in Georgia, the Supreme Court is expected to rule in the near future on whether the cap of $350,000.00 for pain and suffering in a medical malpractice case is unconstitutional. At our Atlanta, Georgia personal injury law firm we have many cases that merit a recovery far in excess of the damage caps. We have actively been involved in the fight to overturn the limit on damages and are hopeful that this unjust law will soon be repealed.  

 

Knoxville News Sentinal

Las Vegas Sun

Many of you have seen the television commercials asking, "do you have a structured settlement of an injury case paying money over time, but you need cash now?"  These companies want to buy the structured settlement at an unfair, substantial discount so the COMPANY will then own the valuable annuity that pays much more over time. 

Our Atlanta, Georgia personal injury law firm settles many serious cases using the benefits of a structured settlement.  These are made up of special annuities that will pay significantly more over time than would a lump sum amount received at the time of settlement. They are carefully drafted to comply with Georgia and federal law to protect our client's interests.These structed settlements can make sure that enough money is available to take care of longterm needs.

Numerous studies now are confirming that in this tough economy structured settlements are even more valuable than ever. They provide safety, reliability, fexibility and security.And they pay more to the client over time than the actual dollar amount of the settlement.A structured settlement is not right for every case. We discuss all issues of settlement with our clients to make sure that the settlement is right for their particular situation.

Sources: Amanda Bronstad / The National Law Journal - March 25, 2009

              American Insurance Association / Press Release - March 19, 2009

 

What does the insurance company owe you for collision damage under Georgia law? Most people are uncertain and that puts them at a disadvantage negotiating with an insurance adjuster.

In a Georgia auto accident you are entitled to repair up to the fair market value or replacement of your car and contents, loss of use or rental costs, decreased value if repaired, and in a DUI or extreme negligence case punitive damages. The insurance company will not volunteer the information that you may have a right to all of these damages.