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.


Contaminated Caramel Apples Linked to Dozens of Injuries and Multiple Deaths

January 27, 2015
Posted by David Montlick

Although sugary sweets like caramel apples are not necessarily the healthiest snack, most people probably do not expect that partaking of one of these tasty treats could put their life at risk. Public health officials recently issued a warning advising consumers to avoid prepackaged caramel apples because they have been connected to illnesses and fatalities in ten different states.

Georgia among Top 10 States for Dog Attacks

January 26, 2015
Posted by David Montlick

While many people consider their dog to be a member of the family, man's best friend can exhibit unpredictable behavior when dog owners do not obey leash laws or otherwise properly supervise their pet. The frequency and severity of dog attacks is greater than some would assume. According to a report prepared by State Farm, Georgia ranks tenth in the nation among states with the highest number of dog bite incidents. Georgia was the site of 109 dog bite incidents resulting in $2.1 million in payouts according to the 2013 report.

Georgia Supreme Court Analyzes Wrongful Death Claim by the Family of a Drunk Driver under Georgia’s Dram Shop Law

January 26, 2015
Posted by David Montlick

Alcohol impaired drivers cause many motor vehicle crashes which lead to approximately 10,000 preventable deaths each year. If a person is injured in an Atlanta car accident caused by a drunk driver, the injured motorist might have a right to file a personal injury claim or lawsuit against the negligent motorist. This remedy offers limited solace if the drunk driver is uninsured or underinsured. In this situation, the injury victim or family of a wrongful death victim might look to the bar, restaurant or other business that served a visibly intoxicated driver (in addition to uninsured motorists benefits under their own policy if they have that coverage). The Georgia Dram Shop Law imposes liability on a business that serves alcohol to a noticeably intoxicated person under certain circumstances.

Jury Awards $2 Million to Family of Wrongful Death Victim in Case Involving Drowning of Disabled Adult

January 26, 2015
Posted by David Montlick

Our Atlanta personal injury lawyers at Montlick and Associates frequently are asked if injury victims can handle their own personal injury claims. While there is no specific rule that prevents this approach, the process of proving a claim can be extremely complex. In serious injury cases insurance companies typically use well regarded expert witnesses to contest the cause of death or the extent of injury. Experienced wrongful death attorneys recognize the types of evidence critical to proving a wrongful death claim. Law firms that regularly handle wrongful death claims also will have access to their own network of experts.

$3.5 Million Settlement Reached in Case Involving Improperly Installed Garage Door

January 27, 2015
Posted by David Montlick

When equipment is installed or serviced in a home, the failure to properly install the equipment can jeopardize the safety of the homeowner and visitors to the property.  When the installation, repair or maintenance of a device like a garage door is not performed properly, the company that does substandard work can be liable for injuries.  The property owner also might be financially responsible to those who visit the property.

Understanding Punitive Damages in Georgia Personal Injury Claims

January 18, 2015
Posted by David Montlick

Depending on the circumstances of a Georgia personal injury claim, punitive damages might be available as a form of damages beyond a plaintiff's compensatory damages. However, the burden of proof that applies to conduct justifying punitive damages is subject to the "clear and convincing" evidence standard. This is a substantially higher burden than the "preponderance of the evidence" standard that applies to a compensatory damage award.

Could Slowing Tractor-Trailers Down Have a Negative Impact on Highway Safety?

January 17, 2015
Posted by David Montlick

The massive weight differential between a tractor-trailer and a small passenger car can have devastating consequences during a collision between these vehicles.  Given that a big-rig transporting a maximum load can weigh 25 times more than a passenger car, the assumption that slowing these large trucks down would have a positive impact on roadway safety seems reasonable.  The simply logic of Newton’s law – Force = Mass x Acceleration – would seem an intuitive basis for such an assumption.  However, a proposal to force trucking companies and truck drivers to install governors that limit the speed of big-rigs has generated considerable debate regarding the proposal’s potential safety benefits.  The trucking industry and some others have gone as far as to suggest that this equipment will make the roads less safe.

Why a Good Car Accident Lawyer Can Make All the Difference

January 16, 2015
Posted by David Montlick

Car accidents accounted for over 33,500 fatalities and more than 2,300,000 injuries during 2012 according to the National Highway Traffic Safety Administration (NHTSA).  Motor vehicle accidents touch the lives of many families and result in staggering costs, physical hardships and other challenging consequences.  Because people do not anticipate car accidents, they often are unsure how to respond when they occur.  If an injury victim has never had reason to work with a lawyer, the prospect of contacting and interviewing attorneys can be a daunting proposition.

The Importance of Deadlines and Diligence When Pursuing a Georgia Personal Injury Lawsuit

January 16, 2015
Posted by David Montlick

If you are injured in a motorcycle accident, construction accident or fall in a grocery store, a personal injury claim can provide compensation for medical bills, lost income and other damages.  However, there are many procedural and legal requirements/potential pitfalls/complications that can derail a personal injury claim or lawsuit.  If a plaintiff is suing a public entity, for example, failure to comply with time deadlines in an applicable tort claims act can result in a permanent bar to seeking legal action against the government.  A plaintiff that allows the statute of limitations to run (i.e. expire) before filing a lawsuit typically will be barred from bringing a lawsuit against any potential parties.

Stryker Settles Defective Hip Implant Litigation for $1.4 Billion

January 16, 2015
Posted by David Montlick

Stryker Corporation has entered into a billion dollar settlement of thousands of lawsuits filed by individuals who were forced to endure revisionary surgery after being implanted with Rejuvenate and ABG II metal hip implants.  The implants have been recalled because of a defect in the modular neck stem of the devices.  The manufacturer of the medical device has indicated that the metal-on-metal design of the two components which are made of dissimilar metals can cause miniscule metal particles to slough off of the components.

Examples of Potential Complications in Suing an Employer for Car Accidents Involving Employees

January 14, 2015
Posted by David Montlick

When you are involved in a car accident in Gainesville or the surrounding areas of Georgia, you might be struck by an employee driving a company car or the personal vehicle for job-related tasks. A speeding or alcohol impaired employee performing tasks for an employer might be liable for injuries caused by his or her negligent driving. However, this option might offer little comfort if the employee has no assets or insurance coverage, or insufficient coverage or assets to fully compensate a victim.

Legal Compensation for Georgia Trampoline Park Accidents

January 14, 2015
Posted by David Montlick

Indoor trampoline parks like Cosmic Jump®, Sky Zone® and Mighty Jump® have begun to crop up in Georgia and across the U.S. because of their natural appeal as a fun form of recreation and exercise.  Although these venues are common locations for children’s birthday parties, a growing number of adults also hold events at indoor trampoline parks.  Because of the popularity of this form of recreation, reports of injuries involving bounce and trampoline venues are increasing.  Although this form of entertainment and recreation is potentially dangerous, the industry is not regulated in Georgia.

Three Advantages to Retaining an Experienced Slip and Fall Attorney for Your Grocery Store Accident

January 14, 2015
Posted by David Montlick

While most people do not regard the local grocery store as a hazardous place, many shoppers suffer serious injuries in supermarkets each year.  These accidents can be caused by glass containers that fall from shelves and spill liquid on the floor, pallets left in walkways, rain that is tracked in through the front door, leaky produce refrigeration systems and a plethora of other hazards.

Are Georgia Property Owners Liable for Injuries Caused by Wild Animals Attacks?

January 13, 2015
Posted by David Montlick

While most animal attacks that cause injury involve dog bite and mauling incidents, some property owners endanger visitors to their property because they permit wild animals to remain on the premises.  While property owners can be liable for injuries caused by wild animal attacks on their property, these premises liability lawsuits can be challenging under Georgia law.  A wrongful death lawsuit that occurred a few months ago in Illinois and received national media attention provides an example of these complex issues.

Important Information about Atlanta Pedestrian Accident Claims

January 08, 2015
Posted by David Montlick

Pedestrians must confront a multitude of perils in intersections and crosswalks especially in densely populated metro areas. There are specific traffic laws that have been implemented for the safety of pedestrians. Although these traffic laws assign right-of-way to pedestrians in many situations, they also impose a duty on pedestrians to obey certain traffic laws to prevent pedestrian accidents. The lack of protection for pedestrians when they are hit by a motor vehicle means that there is no raretly any such thing as a minor pedestrian accident.


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.