Blog Archive - March, 2013

Georgia law requires employers with at least 3 employees to obtain a workers' compensation insurance policy to cover employees injured at their place of work or arising out of and occurring within the course and scope of employment.This means that workers' compensation benefits cover more than tasks performed during work hours or on the employer’s premises, but also tasks and recreational activities that are encouraged or supported by the employer or for the benefit of the employer. While workers' compensation benefits can provide a vital resource for medical care and lost income resulting from workplace injuries, a growing number of employers are implementing policies to avoid incurring the cost of paying for workers' compensation insurance.

In Georgia, automobile accidents are one of the leading causes of death and injury across the state. Each year, more than 6 million automobile accidents occur within the United States, causing over 40,000 deaths. Recent statistics reveal that the number of fatal and life threatening car accidents in Georgia is increasing, with over 300,000 traffic accidents occurring within its borders on an annual basis.

While many consumers worry about contaminated or moldy food, the notion that drugs may be contaminated by mold is not something most consumers suspect. However, the Food and Drug Administration (FDA) has issued a nationwide recall of all drugs sold by a “compounding pharmacy” in New Jersey because the medications may be contaminated by mold according to an AP report.

Inexperienced teen drivers are especially likely to be involved in serious motor vehicle collisions that cause devastating injuries and fatalities, but there were signs until recently that progress was being made on reducing the number of traffic collisions involving teen drivers.

Strategies employed in Georgia mirrored those of many states, including use of restricted driver’s licenses for novice teen drivers, zero tolerance bans on teen drinking and driving and laws prohibiting use of cell phones by new teen drivers.

When you suffer a serious on-the-job injury in the greater Atlanta metro area, or anywhere in Georgia, workers' compensation benefits provide medical care and compensate for lost income. Although workers' compensation is a “no fault” system, this does not mean that there are not defenses that the workers' compensation insurance company will use to avoid or minimize liability. At Montlick and Associates, our experienced Atlanta workers' compensation attorneys diligently pursue the benefits our clients need to recover from their injuries and support their family.

Car accidents can cause serious and sometimes catastrophic injuries for all parties involved. The most common types of injuries sustained by car accident victims are broken bones, lacerations, concussions, neck injuries, spinal cord injuries, back injuries, and various forms of soft tissue damage.

DUI is one of the most common causes of accident-related fatalities in the Atlanta area and throughout Georgia. Drivers impaired by an intoxicating substance like drugs or alcohol account for nearly a third of all driving fatalities in the U.S. annually. Although lawmakers and public safety advocacy groups have been aggressive about trying to keep intoxicated drivers off the road, drunken drivers claim the lives of approximately 10,000 people per year. Because drivers impaired by drugs or alcohol continue to be the most prominent factor in causing fatal car accidents, we have provided some key facts every Georgia motorist should know about drunk driving accidents.

If you have been injured in a motor vehicle collision, fall from scaffolding or by another workplace accident or unsafe condition, you may be overwhelmed with the financial stress that accompanies medical bills and disability.The anxiety that accompanies a disabling workplace injury can inhibit your physical recovery. At Montlick and Associates, we represent employees who have experienced personal injuries or occupational illnesses in a wide range of industries including manufacturing, mining, shipbuilding, construction and other occupations. Because we know that workplace injuries can raise many questions, we have provided answers to frequently asked questions about workers' compensation in Georgia:

Plaintiffs across the U.S. who have suffered serious complications caused by vaginal mesh have reason to be optimistic following the recent $11 million verdict in the Bellwether trial involving vaginal mesh litigation.

The news keeps getting gloomier for Johnson and Johnson (J&J) as embarrassing disclosures continue to be unveiled about the lack of candor the pharmaceutical company exercised regarding dangers posed by their Articular Surface Replacement (ASR) hip replacement device.

A new Citron Research investor report indicates that thousands of patients who have undergone surgical procedures involving the da Vinci surgical robot have suffered injuries and approximately 87 have died.

While motorists may not be surprised that negligent drivers, manufacturers of defective vehicles and public entities responsible for the safe road design can be liable for car accident injuries caused by their negligence, fewer people consider the potential liability of an automobile repair business.

Trucking accidents often result in far more severe injuries than the average traffic collision because of the mammoth size of 18-wheelers. Although any type of big-rig collision can result in traumatic brain injuries, spinal cord damage, loss of limbs and other life-altering injuries, jackknife trucking accidents are particularly dangerous.

Despite the many recent advancements in motor vehicle safety that have made occupants of cars, trucks and SUVs safer, seatbelts remain the most effective protection from serious injury in a car accident. Safety enhancements like crash avoidance systems and airbags have provided valuable supplemental forms of protection to vehicle occupants. However, seatbelts remain the best way to keep drivers and passengers within a vehicle and to reduce the risk of contact with a dashboard, steering wheel, windshield or other hard surface. Unfortunately, seatbelts only reduce the risk and degree of injury if they function as intended. Toyota™ has just announced a recall of 209,000 FJ Cruiser SUVs due to a risk of seatbelt failure, according to a report in CNN Money. The recall serves as a reminder that defective vehicle restraint systems can still endanger the safety of motorists.

While chances are that you have observed objects falling from vehicles loaded by people who are moving or others transporting cargo, you may not have considered the seriousness of the hazard posed by falling loads.

Now that spring is upon us, many people are biking for fun, exercise and inexpensive transportation. While riding a bicycle can be enjoyable, it also can expose a rider to the danger of drivers who are texting on cell phones or driving while under the influence of drugs or alcohol.

A collision last week involving a Corvette that slammed into the rear of a large moving truck made national news because the driver managed to walk away without injury despite the top of the Corvette being ripped away in the crash.

This blog has recently addressed the danger intoxicated drivers pose to other vehicle occupants, motorcyclists, pedestrians and cyclists. The recent arrest of an Alpharetta City Councilman and attorney, Michael Cross, shows that DUI suspects can come from all walks of life.

The National Highway Traffic Safety Administration (NHTSA), a federal agency that regulates motor vehicle safety and issues recalls for vehicles that have defects, is apparently engaging in an increasing number of preliminary investigations where information is not made available to the public.

Our Georgia personal injury law firm has long predicted that courts would start to assign criminal liability to those who cause fatal car accidents because they are distracted by a cell phone; it appears that courts are starting to equate cell phone distracted driving with drunken driving for purposes of vehicular homicide.

While intrauterine devices fell out of favor after the Dalkon shield debacle several decades ago, the Mirena intrauterine device, which is manufactured by Bayer Healthcare Pharmaceuticals, revived the popularity of IUDs with appealing marketing campaigns that offered increased intimacy and convenience.

While drivers of all ages suffer severe injuries and wrongful death in motor vehicle accidents, novice teen drivers are more likely to be involved in a car accident because of their lack of experience and/or maturity.

Parents have every right to feel apprehensive when placing their children in daycare or with a babysitter.

While Hollywood movies often treat hazing as harmless pranks that do not result in serious harm, hazing rituals can result in exposure to both criminal penalties and liability for damages in a civil lawsuit.

The first trial of the 11,000 pending cases against Johnson and Johnson for injuries caused by its recalled ASR XL hip replacement has resulted in a jury verdict exceeding $8 million dollars in a Los Angeles court.

Manufacturers of cars, trucks and SUVs have implemented impressive advancements in vehicle safety over the last decade. These improvements range from collision warning systems, airbag system advances, tire pressure monitoring systems and even measures to counter distracted driving.

The Georgia House of Representatives passed House Resolution 394 honoring the law firm Montlick & Associates, Georgia Personal Injury Attorneys for providing efficient, effective and dedicated services to the citizens of Georgia. The resolution recognizes the law firm for providing high quality legal services to accident victims, delivered with personal attention and compassion since the Atlanta-based law firm was founded 30 years ago; as well as the contributions of Montlick and Associates to the community through its public service programs promoting family safety, injury prevention and support of U.S. troops.

When patients entrust medical professionals like general practitioners, surgeons, and others with their treatment, those undergoing medical evaluation and treatment maintain their right to be informed by their physician of the nature of potential risks and other relevant information.

Travis Marshall, the senior quarterback at Chattahoochee High School, has been awarded the "Montlick and Associates' Athlete of the Year Award." The field of candidates included eleven (11) weekly winners picked from athletes across Georgia, and Montlick and Associates has made a donation of $5,000 to Chattahoochee High School in honor of Marshall's athletic and scholastic achievements.

The non-profit organization Fallen Heroes of Georgia has announced the Run for the Fallen road race sponsored by the Georgia law firm of Montlick and Associates. The non-profit event generates funds for scholarships, educational grants and other programs through a number of organizations established to honor the memory of active duty military personnel who made the ultimate sacrifice for their country.

While you may have heard of surgical procedures where sponges and other foreign objects are left behind when a patient’s incision is stitched shut, you may presume this is an unusual mishap that rarely occurs.  However, surgeons leave sponges and other supplies inside the body of patients a dozen times a day.

The death of six teenagers in a high speed crash in Ohio last weekend that made national news serves as a cautionary tale for parents. While we offer our deepest condolences to the families of these teenagers, we hope that other parents will view this tragedy as a reminder that teen drivers are the most likely of all age groups to be involved in serious auto accidents. Investigators of the fatal accident this weekend indicated that speed was a key contributing factor in causing the SUV loaded with eight teenagers to crash into a guardrail and flip over into a pond. Five teenage boys who were passengers and the girl who was driving all died in the SUV rollover accident. The victims of this deadly crash ranged in age from 15-19.

If you travel throughout the Atlanta area via motorcycle, you are aware of the heightened risk of serious injury. Motorcyclists face an increased risk both of being involved in a motorcycle accident and suffering permanent debilitating injury.

You may have heard some bicyclists arguing that the rules of the road only apply to cars, and not to bicyclists; however, this belief can end up causing potentially serious or fatal accidents. Most bicycle accidents happen in cities with large populations, most especially in cities with colleges.

Commercial trucks are heavier and less responsive in emergencies, but new innovations and research in tractor-trailer design and engineering are intended to reduce the risk of commercial trucking accidents.