Georgia Injury Lawyers Blog

When someone is injured or killed in an auto or truck collision, the investigating police officer charges the driver which the officer believes is at fault - the driver receives a "ticket". The traffic case is then assigned to a traffic court in the Georgia jurisdiction where the accident happened. Once the case goes to traffic court, the driver charged can plead guilty and pay a fine (or receive additional punishment), plead no lo contendre, or plead not guilty.
Of these 3 plea options, a guilty plea is the only plea that is admissable in evidence in a civil case for damages. Personal injury and wrongful death cases are brought in Superior or State Court, or in Federal District Court. Traffic Court is not where the injury or death case is heard.
A traffic court guilty plea IS admissable in evidence in the personal injury case - as an admission of negligence. It can be used to refute any argument by the defendant driver that he was not at fault. A certified copy of the traffic court guilty plea is introduced into evidence to accomplish this.
If the ticketed driver pleads not guilty but is found guilty by the traffic court judge, this finding of guilt is not admissable in the personal injury case.
The outcome in traffic court is always important for our Atlanta, Georgia personal injury law firm to determine.

Ted Poe of Texas and Phil Gingrey of Georgia certainly aren't on the same page, The Hill reports.

Rep. Ted Poe of Texas blasted a malpractice proposal to set a $250,000 ceiling on non-economic medical malpractice damages. Our Atlanta Injury Firm applauds the position.

Poe, a member of the House Tea Party Caucus and a former judge, says the bill infringes on states' rights. He says he'll vote against the bill if it requires caps for states that don't want them. Poe says. "I think it's a violation of the Tenth Amendment." The New York Times reported that bill sponsor and obstetrician Phil Gingrey of Georgia paid $500,000 to settle a negligence claim and has three other claims on his record. Sounds like a case of personal payback.

Tea Party members are learning that states rights means the federal government should stay out of state injury law. How about a review of ERISA reimbursement claims and federal preemption next ?

We often have people say to us when Atlanta has a snow storm - "boy, I bet that's great for your business!" The truth is every vehicle collision, whether a car, truck, tractor trailer....etc, must be evaluated on its own set of facts.
If a driver causes injuries or even death by NEGLIGENT driving,whether in the snow or on a dry roadway there is a case. The negligence could be driving too fast for the icy conditions or making some other error. However, sometimes an accident in snow or ice is considered by Georgia law to be "an act of God". This means the accident occurred due to the dangerous driving conditions, even though the drivers were not negligent. In such circumstances, no claim exists. In other words, the cause of the accident was the ice or snow, and not the negligence of a driver.
To sum things up, if you have been injured during this difficult winter and you believe it was another driver's fault, contact our Georgia Auto and Truck Accident law firm to get a complete evaluation of the accident and to learn what your rights are.

Our Atlanta Georgia law firm has long argued that insurance costs depend more on insurance company premium investment returns rather than claims by injured people. Now there is more information that lawsuit inflation is a myth.
Insurance Information Institute

Tort inflation is a constant threat to the health of the insurance industry and the U.S. economy. Large increases in tort costs lead to higher insurance costs and can harm businesses trying to grow. In this report, the Insurance Information Institute examines the state of tort inflation in the United States. As with last year's report, the current environment in some ways seems calm: the average jury award has peaked at just over $1 million; tort costs rose modestly to $838 per person in 2008, though costs are projected to increase in subsequent years; and settlements in securities class actions rose to $3.8 billion in 2009 but remain far below the peak years of 2005-2006. However, there are signs that tort inflation may be returning: businesses in the U.S. and U.K. anticipate more legal disputes--40 percent of companies anticipate facing more legal disputes in the coming year; the largest jury verdicts are getting bigger.

The 10 largest jury verdicts in 2009 totaled $1.5 billion, an increase of 12 percent from 2008; trends in presidential appointments and policy directives could give the appearance of a shift away from principles that rein in tort inflation the overall number of actions filed with the Equal Employment Opportunity Commission dipped slightly in 2009, but remains substantially above the levels of 2007 and prior; terrorism remains a liability threat and current proposals could weaken the ability of insurers to offer coverage; and tort costs associated with medical malpractice have fallen four years in a row, an apparent example of the effectiveness of malpractice caps. However, court decisions

In these difficult economic times, many people are struggling to make ends meat. Jobs have been lost, benefits cut, houses have gone into foreclosure or sold in a "short sale".
But what about my legal rights if I have been hurt in a automobile or truck collision, or suffered due to medical malpractice, been injured in a slip and fall or because a defective product malfunctioned? What if an insurance company has wronfully denied me compensation or coverage which I am entitled to receive?
The answer is that your legal rights in these circumstances are not effected by a bad economy. Where a legitimate personal injury or wrongful death claim exists under Georgia law, our Atlanta, Georgia personal injury law firm can pursue your case successfully. A poor economy will not hurt your case whatsoever.

Our Atlanta Accident and Trial Law Firm is directly next to Dunwoody traffic court and a short drive from the Sandy Springs court. DUI is not the only serious matter handled in these courts. Traffic court can be important if an injury and crash are involved. It may be the first and best chance to decide fault.

We can help if you go to traffic court. A free call to talk to a partner can tell you if you need a lawyer or can safely go to court by yourself. Gary Hill or Bob Bleiberg can be there in minutes. Collisions, serious injuries and DUI cases are too important to leave to chance.

Our Georgia medical malpractice law firm has long argued that lawyers do not cause rising health insurance premiums. Citing the Congressional Budget Office the Los AngelesTimes (11/14, Hiltzik) notes that lawsuits and defensive medicine contributed "zero percent ... to the rising cost of health care." The truth is that lawyers weed out frivilous lawsuits by rejecting greater than 90% of client inquiries.

The Times adds that proposals to cut lawyer fees and reduce lawsuits would "close the courthouse door to individuals or families seeking appropriate redress for medically induced injuries or deaths" and "cut revenue for trial lawyers, who Republicans think are all Democrats."

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.

Most people in Georgia assume that every driver in the State must wear a seatbelt. That assumption was incorrect. The seatbelt law did not apply to pickup trucks. Why was that so? The answer is that lobbyists looking out for special interests as diverse as farming & construction had pushed over the years to exempt pickup trucks from this obviously good law. Whether the intentions were well meant by those who wanted the exemption, the fact is that everyone driving needs to wear a seatbelt. We have seen too many cases come into our Atlanta, Georgia personal injury lawfirm where injuries were much worse because the occupant of the vehicle did not use a seatbelt. We applaud the Georgia legislature for doing something about this issue.

The evidence is overwhelming that the distractions of texting or talking on a cellphone while driving are extremely dangerous. Tragic stories are happening every day. This problem is now as much an issue on our roads as drunk drivers. Finally, the Georgia legislature has passed a bill that would ban texting while driving and prevent young drivers from talking on their cellphones. In our Georgia auto accident injury lawfirm we have handled numerous cases in the last few years where serious injuries or death has occurred because of cellphone distractions. These cases give rise to a claim for substantial punitive damages in addition to the compensatory damages which are recoverable for injury or death.There are & will be plenty of these cases pursued by our lawfirm. We hope for the sake of all drivers that this bill will make these stories less common.

There are many sad and upsetting cases which arise out of misconduct by Nursing Homes and their staff which result in serious injuries or death to helpless residents and patients. Most of these victims are the elderly or are there because of severe disabilities due to illness or accidents.
Our Atlanta personal injury law firm has litigated, tried to a jury and settled many of the largest recoveries in Georgia in these types of cases.
Some of the more common serious claims that we have successfully handled arise out of the following subject areas: neglect of decubitous ulcers (bedsores); sepsis; pneumonia; alzheimers and dementia; patients left unattended or allowed to wander into danger; burn victims; resident abuse by staff; patients who fall due to neglect; inattention, carelessness or unsafe conditions in the nursing home.
If a loved one is hurt or appears to be suffering it is critical that the circumstances be investigated immediately while the evidence can be obtained. Our law firm should be contacted if there is any doubt about what has happened. Do not take the word of the nursing home staff. They are trained to discourage complaints, claims, and most definateley, the involvement of an attorney specializing in these types of case.

Georgia law does not require that adult pickup truck drivers and passengers wear seat belts. Our Georgia personal injury law firm has seen scores of cases of death and serious injury that could have been prevented by use of seat belts in pickup collisions.

A bill by state Sen. Don Thomas, R-Dalton, a practicing physician, is being presented in Georgia to require pickup drivers and passengers to wear safety belts. "It will pass if it gets to the floor of the House," said Rep. John Meadows, R-Calhoun. We applaud and support Senator Thomas.

Even if you do not support seat belt laws it makes no sense to treat passenger cars and pickup trucks differently. We have never met a family member against seat belt laws after suffering from the death or serious injury to a loved one.

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

The widow of a man staying at a Jesup,Georgia motel has had her wrongful death lawsuit against the motel dismissed in a decision by The Georgia Court Of Appeals.In the lawsuit the wife claimed that she had called the motel out of concern for her husband's health & asked them to look in on him. The motel employees did not do so and he was later found dead.This ruling points out that there are certain duties & obligations of landowners & proprietors to people who come into their business but the legal duties do not require them to be caretakers. The basic rule requires the business to keep the premises safe and not to create a hazard which cannot be discovered by the customer. While this duty in Georgia is important for customers' protection from injury, the law in Georgia does not make the business operator an insurer for every possible situation. Our personal injury lawfirm here in Georgia has handled all types of injury cases against landowners & businesses where injuries or death occur. The law in this area is called PREMISES LIABILITY LAW.It is , to be blunt, tricky. Handling these cases requires an intimate knowledge of this area of law & substantial experience in these type of cases.
Fulton County Daily Report - February 15, 2010 "Panel: Motels don't have to check on guests"

In 2005 the Georgia legislature passed "Tort Reform" in medical malpractice cases. This law is grossly unfair to patients in Georgia who suffer serious injuries due to the malpractice of hospitals, doctors and other medical practitioners- even nursing homes.This law placed limits on the amount that can be recovered("caps") , no matter how horrible the injuries and no matter how incompetent the misconduct. Most cases limit noneconomic damages, which includes all forms of pain & suffering , to $350,000. Our serious injury & wrongful death Atlanta lawfirm has contended from the time this law was passed that it was unconstitutional and deprives victims of due process, a jury trial & their right to lawful compensation. As of the time this is written the Georgia Supreme Court has this exteremly important issue under review. We are hopeful that the jurists here will do as has now been done in the State of Illinois.Their Supreme Court has declared such laws unconstitutional. We are anxious to hear from our highest court and will report their decision as soon as it is made.

Chicago Tribune, "Illinois Supreme Court strikes down medical malpractice law"
February 4, 2010