Georgia Personal Injury Law Blog


By Montlick & Associates

Our Atlanta Personal Injury Attorneys at Montlick and Associates would like to welcome you to our legal blog. The blog is designed to provide helpful information to injury victims about their legal rights and remedies, and to promote family safety so that accidents can be prevented before they happen. While our attorneys and staff have provided information on many topics, we know that you may have specific questions based on your unique situation. We invite you to contact us for your free consultation with one of our Atlanta Personal Injury Lawyers so that we can evaluate your case, let you know about your legal rights and the steps that need to be taken to protect those rights, and to address your specific concerns and questions.

No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). Or use our Free Case Evaluation Form or 24-hour Live Online Chat.


Man Loses Fingertips on Amusement Park Ride

July 15, 2014
Posted by David Montlick

During the summer, families flock to amusement parks like Six Flags Over Georgia with the expectation of experiencing fun, thrills and recreation.  While most of these excursions occur without incident, amusement park accidents can cause injury or death because of defective rides, poorly maintained premises, improperly trained or supervised employees and other forms of negligence.  A recent accident at Disney’s Magic Kingdom in Florida provides a reminder of the potential risk of injury associated with amusement park ride accidents.

Family of 10-Year-Old Boy Who Died of Rat Bite Fever Sues Petco

July 15, 2014
Posted by David Montlick

When people visit a local store to purchase a family pet, they expect to bring home a loving pet and the items necessary to take care of their new edition to the family.  They do not expect to bring home an animal with a dangerous contagious disease.  The family of a 10-year-old boy who died after suffering a bite from a rat has filed a lawsuit against Petco, the national pet shop chain.  The lawsuit alleges that the boy died after contracting rat bite fever from a rat purchased at the pet shop based on a report from the San Diego Medical Examiner’s Office.

Are There TIme Limits For Pursuing an Accident Based on Drowsy Driving Accidents?

July 15, 2014
Posted by David Montlick

While the issue of time limits and deadlines may seem like an inconsequential matter of “procedural housekeeping,” auto accident victims need to understand the importance of meeting timing requirements in the legal system.  For example, if a person suffers a permanent spinal cord injury and brain damage that will make the person dependent on caregivers forever, the injury victim can forfeit his or her ability to obtain compensation through a civil lawsuit by not properly filing a claim and meeting all requirements before the statute of limitations has run (i.e. expires).  When a person suffers this type of horrific life-altering injury, the harsh impact of failing to file a lawsuit before the expiration of the statute of limitation may seem unfair.  However, the judge does not have discretion to disregard the statute of limitations or make an exception for those who fail to comply with this time limit.

Can I Recover Damages If I Am Hit by a Speeding Emergency Vehicle?

July 15, 2014
Posted by David Montlick

If you regularly watch the news, you have undoubtedly viewed scenes where police cars are pursuing a motorist in a high speed chase while weaving through traffic. Alternatively, you probably have had an ambulance or fire truck speed past you before blowing through a stop sign with its lights and siren activated. Georgia law permits drivers of emergency vehicles to violate traffic safety laws under certain circumstances in the performance of their duties. Predictably, emergency vehicles sometimes collide with innocent motorists. Given that the emergency vehicle frequently is moving at a  high rate of speed, it is probably not surprising that the occupants in the other vehicle may suffer severe injury. The injured party might incur significant medical bills and time off work, so the liability of the government entity becomes an important question in determining whether the victim is entitled to compensation.

Common Questions About Red Light Running Accidents (Part I)

July 15, 2014
Posted by David Montlick

Georgia drivers engage in many unsafe driving practices, which include clearly illegal conduct like drunk driving, and some that may appear less obvious such as driving practices like talking on a cell phone.  Running a red light constitutes one of the most dangerous driving practices.  When motorists fail to follow to obey stop signs, yield signs and traffic signals at intersections, these violations pose a significant risk of causing a crash.  The high risk of collisions at intersections necessitates meticulous coordination of cross traffic.  Because red light accidents are a leading cause of traffic-related injuries and fatalities, our experienced DeKalb County personal injury attorneys have provided some common answers to questions about red light accidents.

Tracy Morgan Files Trucking Accident Lawsuit after Release from Hospital

July 15, 2014
Posted by David Montlick

Comedian Tracy Morgan has been released from the hospital to an aggressive outpatient treatment program after the limousine he and several others were riding in was hit by a tractor-trailer.  Mr. Morgan also has filed a personal injury lawsuit related to the injuries he suffered when the vehicle he was traveling in was struck by a Wal-Mart truck.  He reportedly suffered broken ribs, a broken leg and other injuries.  Comedian James McNair, whose stage name was Jimmy Mack, died in the crash.  Two other vehicle occupants, comedian Ardley Fuqua and another passenger Jeffrey Millea, were also injured in the wreck.

RV Accidents Pose Increased Risk to Vehicle Occupants during Summer Vacation Season

July 11, 2014
Posted by David Montlick

This is the time of year when people take their travel-trailer or recreational vehicle (RV) out of storage to embark on excursions to visit family and/or to enjoy the outdoors. While RVs and Fifth-Wheel trailers offer comfortable camping trips, they also can be more difficult to maneuver and stop than smaller, lighter vehicles. Although towing a trailer or driving a motorhome is more challenging than driving a smaller passenger vehicle, no special driver's license or training is required by Georgia or the federal government.

Here We Go Again – GM Recalls 7.6 Million More Vehicles

July 10, 2014
Posted by David Montlick

In what has become a far too frequent refrain, General Motors is again recalling millions of vehicles worldwide because of faulty ignition switches. This new recall, which covers another 8.1 million vehicles, brings the total number of vehicles recalled by GM to an almost unfathomable 28 million vehicles.

New Study Finds Excessive Alcohol Consumption Causes 10 Percent of Fatalities of Working-Age Adults

July 09, 2014
Posted by David Montlick

While it probably comes as little surprise to most people that alcohol consumption can increase the risk of injury or death, a new study quantifies the relationship between binge drinking and fatalities. The new study conducted by the Centers for Disease Control and Prevention (CDC) found that excessive alcohol use claimed the lives of 88,000 people between 2006 and 2010.

ATVs Are a Popular and Potentially Dangerous Form of Recreational Fun

July 09, 2014
Posted by David Montlick

With summer in full swing, children and adults are both searching for recreational activities to enjoy together. One popular summer activity involves off-roading on ATVs. Although these vehicles can be exciting to ride, their use also has the potential to cause serious injuries and fatalities. The popularity of the sport is on the rise as shown by the fact that ATV ownership has tripled during a recent 12 year period. A couple of recent tragic ATV accidents serve as a reminder of the potential danger associated with this form or recreational activity.

Judge Approves Settlement in NFL Concussion Lawsuit

July 09, 2014
Posted by David Montlick

The long-term impact of concussions in football and other contact sports has become a major health concern. This focus on sports-related head injuries is the result of former NFL stars publically disclosing the impact of repeated head trauma on their quality of life. The issue of traumatic head injuries in football has permeated all levels of the sport from the professional ranks to youth football leagues. Many people have been watching the NFL concussion litigation to assess how the issue might be handled at the college, high school and youth league levels.

Answers to Common Questions about Dog Bite Claims in Georgia

July 08, 2014
Posted by David Montlick

Some people presume that they are entitled to compensation for their injuries if they are attacked by a neighbor's dog, such as while returning misdelivered mail. This is a notion that seems both fair and reasonable. However, Georgia dog bite law is not this straightforward, so victims of vicious dogs need an experienced Atlanta dog bite lawyer when pursuing a personal injury claim. A sad reality that many do not know is that in some situations Georgia law favors dog owners not bite victims. The Atlanta personal injury lawyers at Montlick & Associave have provided some answers to frequently asked questions (FAQ) to clear up some common misconceptions about dog bite claims.

Another 3.3 Million Vehicles Recalled Because of Faulty Ignition Switch

July 07, 2014
Posted by David Montlick

Vehicle manufacturer General Motors (GM) has just announced the recall of another 3.36 million vehicles because of the faulty ignition switch issue that has now resulted in more than 20 million GM vehicles being recalled. The ignition switch problem in the vehicles subject to the new recall has been linked by GM to eight crashes according to a CBS News report, although there are other accidents that are being investigated. The faulty ignition switch can rotate out of the run position, which disables the vehicle's power steering and power brakes, causing a dangerous loss of control of the vehicle. According to reports when the key bears additional weight in the form of a simple key chain, the switch can jostle out of position when the vehicle hits bumps or potholes.

How Proximate Cause Can Impact an Atlanta Auto Accident Claim?

July 07, 2014
Posted by David Montlick

Car accident victims might not think that causation is really much of an issue when pursuing a collision-related injury claim. This assumption is understandable in the straightforward situation where a driver reading a text message plows into another vehicle that is stopped at a red light. However, many situations are not so straightforward. For example, someone could be hit by two different negligent drivers (such as where a car is struck and pushed into the path of another vehicle who should have avoided the accident. Or a road might be negligently constructed or maintained by a public entity, so a driver hydroplanes and slams into another vehicle. There may be different percentages of liability attributed to different parties in a situation such as these, but first, it is necessary to determine what was the proximate cause of the accident.

Why Georgia Curb Trip and Fall Cases Are Challenging

July 07, 2014
Posted by David Montlick

Our Atlanta trip and fall attorneys at Montlick & Associates often receive inquiries from people who have been injured after tripping over a curb. These folks may have suffered significant injuries like broken bones, fractures, or other painful injuries. They often are frustrated because they have talked to other law firms, which have turned down the case with no explanation for the firm's decision. We understand the sense of unfairness that injury victims feel in this situation; therefore, we have used this blog to help explain why cases like these can often pose a tough challenge for injury victims.


Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied up as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.