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.


Georgia DFCS Sued for $1 Million after Disabled Teenage Girl Dies of Starvation

October 01, 2014
Posted by David Montlick

Many in the Smyrna community were shocked by the tragic death of a 14-year-old disabled girl who was so malnourished when she passed away that she weighed 43 pounds.  WSB-TV Channel 2 Action News reports that the administrator of Markea Berry’s estate has filed a wrongful death lawsuit seeking $1 million against the Georgia Department of Family and Children Services (DFCS).  The lawsuit alleges that the agency made multiple missteps during its handling of the teenage girl’s case.

Does Driving While Distracted by a Cell Phone Justify Punitive Damages in Georgia?

October 01, 2014
Posted by David Montlick

In Georgia and most other states, alcohol impaired drivers that cause fatal accidents can be subject to punitive damages because of the wrongfulness of their conduct and the priority of discouraging such conduct in the future. As the number of traffic-related fatalities associated with cellphone use rises, many traffic safety experts have drawn comparisons between alcohol impaired drivers and drivers distracted by cell phones. Some traffic safety experts claim that cell phone distracted driving is the "New DUI" because the types of risk and magnitude of risk associated with cell phone use while driving is similar to that associated with alcohol impaired driving.

Jury Awards $15 Million Against Company That Furnished Car to Employee with 15 Speeding Tickets

October 01, 2014
Posted by David Montlick

Habitual speeders pose a serious risk of harm to everyone else who travels the roadways of Georgia. When a driver speeds, the risk of a collision occurring and the potential severity of the collision both increase. When businesses hire employees who are furnished with company cars, they cannot simply turn a blind eye to a potential employee's driving record. Even if the employee is not engaged in the scope and course of employment, the employer can still be liable for negligent entrustment of a vehicle based on an employee's driving record. The liability of the employer in this situation can be especially important when the employee is uninsured or carries insufficient insurance coverage to compensate an accident victim for his or her damages.

$14 Million Verdict Against Gwinnett County Hospital for Birth Injuries Raises Important Issues

October 01, 2014
Posted by David Montlick

If you are a parent, there are few experiences as devastating as medical malpractice that causes severe brain damage to your newborn baby. While sometimes these tragedies are unavoidable, errors by medical professionals and hospitals immediately prior to, during or following delivery can cause cerebral palsy and other severe birth injuries.

New Study Indicates Viagra® Might Significantly Increase Melanoma Risk

September 30, 2014
Posted by David Montlick

Many men faced with erectile dysfunction have come to view Viagra® as a dream drug, but a new study suggests that the dream could turn into a nightmare.  According to a new study reported in the Journal of the American Medical Association (JAMA), the drug might significantly increase the risk of melanoma.  The ten year study concluded that men who take Viagra® face a substantially higher risk of developing melanoma than men not taking the drug.  This study potentially raises concerns about the drug that has allowed many men to continue their sex life because melanoma is the most dangerous form of skin cancer.

Expansive Reach of Georgia Dram Shop Liability Important for Drunk Driving Victims

September 25, 2014
Posted by David Montlick

Intoxicated drivers adversely impact the lives of many families throughout the United States every day.  The Centers for Disease Control and Prevention (CDC) estimate that drivers endanger other vehicle occupants, motorcyclists, bicyclists and pedestrians 112 million times per year by climbing behind the wheel while under the influence of alcohol.  Alcohol impaired drivers also claim the lives of over 10,000 people annually, and MADD reports that someone is injured by a drunk driver every 90 minutes according to data from NHTSA’s Fatality Analysis Reporting System (FARS), and someone is killed every 53 minutes.

Jury Awards $23.6 Billion in Punitive Damages to Widow of Spouse Who Died of Lung Cancer

September 25, 2014
Posted by David Montlick

A jury just hit R.J. Reynolds Tobacco Co. with a $23.6 billion punitive damages award in a lawsuit filed by the widow of a long-term smoker who died of lung cancer in 1996.  The lawsuit is one of thousands of lawsuits that have been filed in Florida since the Florida Supreme Court tossed out a $145 billion class action verdict.  The court in the prior class action case also ruled that plaintiffs only needed to prove that the product caused addiction and illness or death.

DeKalb County Jury Awards $7.6 Million to Cycling Accident Victim Because of Faulty Roadway

September 25, 2014
Posted by David Montlick

While we have previously discussed some of the issues involved in cycling accidents caused by roadway defects, the best way to understand these issues may be in the context of an actual personal injury lawsuit. For example, a DeKalb County jury returned a $7.6 million verdict against the Georgia Department of Transportation and other defendants when a bicyclist suffered serious injury in a crash alleged caused by a roadway hazard.

Spaulding Jury Awards Parents $5.5 Million in Head-On Crash Caused by Drugged Driver

September 22, 2014
Posted by David Montlick

Drug and alcohol impaired driving can have a devastating impact on many lives, including the accident victim, the impaired driver and both of their families. The spike in prescription drug abuse in the United States has increased the risk of collisions caused by drugged drivers. According to SAMHSA's National Survey of Drug Use and Health, 10.2 million people reported driving under the influence of a drug taken for non-medical reasons during a 12 month period. When drivers elect to take the risk associated with drugged driving, they can be subject to punitive damages for injuries or fatalities they cause in traffic accidents.

Do GPS Devices Constitute a Violation of Distracted Driving Laws?

September 22, 2014
Posted by David Montlick

Most motorists know that using their cell phone while driving can result in a traffic ticket, they might be less aware that their use of a GPS device also might run afoul of distracted driving laws in some states.  Whether you get your GPS data from a cell phone or a stand-alone navigation device, certain uses of GPS devices can constitute distracted driving.  A recent story in Consumer Reports discussed the applicability of distracted driving restrictions to GPS devices in all fifty states.

Dog Bite Cases: Potential Evidence of an Owner’s Knowledge of the Dog’s Viciousness

September 18, 2014
Posted by David Montlick

While dog bite laws differ from state to state, the knowledge of a dog owner that his or her dog has a tendency to be vicious can be an important issue in a Georgia dog bite lawsuit. This knowledge requirement is sometimes referred to as the "scienter requirement". This element of a dog bite claim is also sometimes referred to as the "one bite rule", but this terminology is misleading because the dog need not have bitten anyone in the past, and the dog does not get "one free bite".

Why Nursing Home Abuse Victims Need an Experienced Atlanta Nursing Home Attorney

September 16, 2014
Posted by David Montlick

When families entrust their aging loved ones to the care of a nursing home, they expect that the facility will provide adequate staffing both in terms of the quantity and quality of staff. If a nursing home cuts corners or fails to conduct adequate screening and supervision of staff members, the consequences for vulnerable nursing home residents can be devastating. Because elderly nursing home residents might suffer from cognitive limitations cause by Alzheimer's disease or dementia, residents might have a harder time alerting loved ones or seeking help when they are being mistreated, neglected or abused.

Parking Lot Accidents Can Raise Special Issues

September 16, 2014
Posted by David Montlick

While Georgia drivers typically are attentive and cautious when traveling our streets and interstates, they might be a little less vigilant in parking lots. Drivers in parking lots can have a false sense of security because there are fewer moving vehicles, and drivers traveling through a parking lot tend to move at low rates of speed. However, a fairly sizeable number of auto collisions occur in parking lots. Further, these parking lot accidents often cause painful injury and costly vehicle damage.

Seven Vehicle Manufacturers Recall 10 Million Vehicles Linked to Exploding Airbags

September 16, 2014
Posted by David Montlick

Airbags have saved many lives and prevented car accident victims from suffering more severe injuries. However, defectively designed airbags can provide a false sense of security or expose vehicle occupants to even more serious injury. A study conducted by the National Highway Traffic Safety Administration (NHTSA) found that frontal airbags saved 2,788 lives in a one year period. Despite these benefits, faulty airbags have allegedly caused hundreds of deaths and many more injuries.

Jury Returns $1.2 Million Verdict in Jesse Ventura Defamation Lawsuit Against Chris Kyle

September 16, 2014
Posted by David Montlick

While massive judgments in defamation suits might not be an everyday occurrence, Jesse Ventura recently convinced a California jury to award him $1.8 million in damages. The former governor of Minnesota and pro wrestler prevailed in a lawsuit that named Chris Kyle, author of the book "American Sniper", as a defendant. The focus of the defamation lawsuit was a claim in the New York Times' best seller that Kyle "decked" Ventura after reportedly hearing Ventura claim that the Navy SEALS "deserve to lose a few". Prior to Kyle's death last year, he denied that he made the story up despite Ventura's claim that the incident was fabricated.


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.