Blog Archive - June, 2017

Punitive damages, sometimes called exemplary damages, may be awarded Georgia to car accident victims in rare instances. A jury may award punitive damages to a car accident victim as punishment of the motorist who caused the crash for reckless behavior, such as driving while intoxicated or driving in a manner consistent with previous driving infractions such as speeding or reckless driving. The potential for punitive damages is an issue which must be thoroughly discussed between car accident victims and their car accident attorneys. Car accident victims need to understand that punitive damages are not available in every case. However, a knowledgeable and experienced Georgia car accident attorney will know how to perform an exhaustive investigation to discover whether there is any justification for seeking punitive damages.

When someone is injured as the result of an accident, sometimes legal disputes arise between the injured person and the person who was at fault for the injury. If a person is found legally liable for another person’s injuries, they can end up owing the injured person damages to cover the injured person’s medical bills, and other expenses, as well as damages for the person’s pain and suffering. But what if the injured person had a pre-existing injury? Can the person who was negligent get out of paying for damages because the injured person was more easily hurt than most people?

In the State of Georgia, all resident drivers are required to minimum liability insurance to be allowed to drive legally. The minimum amount of insurance every driver must carry in Georgia is at least $25,000 per person in each accident and $50,000 total per accident. This mandatory amount of basic insurance covers personal injuries and property damage that a driver causes someone else to suffer up to the limited proscribed in the policy.

If the number of fatalities in any given year is a fair gauge of the safety of driving in a state, then Georgia is indeed a dangerous place. In 2016, Georgia ranked as the 4th highest state in the country for deaths on its roadways, with more than 1,500 people dying in motor vehicle accidents.  Since the beginning of this year, there have been more than 160 fatalities on Georgia roads. According to the Georgia Department of Transportation’s statistics, the number of fatalities was up in 2015 and 2016 after a steady decline between 2007 and 2013.

Workers’ compensation insurance is meant to provide support for individuals who suffer work-related injuries. Employees do not have to prove fault when they have a workers’ compensation claim. However, it is not unusual for claims to be denied by the employer or the insurance company. Insurance companies do not enjoy paying out for claims, and employers do not like the possibility of increasing insurance premiums. If you have filed a claim for workers’ compensation and it was denied, here are some of the reasons that this might have happened.

Atlanta personal injury attorneys would like to discuss a recent jury verdict in a low-speed traffic accident case. The plaintiffs, who are husband and wife, were seeking approximately $1 million in damages. The jury awarded them just over $11,000. It is difficult to say what happened in the case and why the jury decided the way it did. Notwithstanding the uncertainty, many lessons can be learned from the case.

A massive crash involving a tractor-trailer truck killed one person and injured 17 others, according to AJC.com. One woman who was involved in the crash described her hair-raising, near death experience. She told the local news outlets that she kicked her way to freedom out of fear of becoming trapped in her car and fled her vehicle mere moments before a tractor-trailer slammed into her.

Social network sites are growing at a phenomenal rate and the trend toward detailing one’s daily activities for the world to see is starting to have a significant impact on car accident and personal injury claims. According to Pew Research Center, 68% of all U.S. adults are Facebook users, while 28% use Instagram, 26% use Pinterest, 25% use LinkedIn and 21% use Twitter.

Apple's iPhone will soon have the capability to block text messages while driving. This technology is not new for phones, including the iPhone. However, the development will help drivers to avoid distractions created by the need to read incoming text messages and the corresponding desire to respond to or initiate a text.

The Atlanta Journal-Constitution is reporting that investigators are not seeking criminal charges at this time for any of the motorists involved in the tragic bus crash that killed a 17-year-old girl. The bus and two other vehicles were involved in the crash that occurred on Thursday, June 8, 2017, in Fulton County. Investigators were waiting for the medical condition of the bus driver to improve so they could conduct a thorough investigation.

Jay Inslee, the Governor of the Washington State believes that autonomous automobiles should be on the road sooner rather than later. The governor signed an executive order in early June 2017, declaring that it is the policy of Washington to use autonomous technology to eradicate human error when driving. The governor wants testing to begin before the summer is over on both driverless and human back up versions of autonomous vehicles. 

The future may be here before we know it. A fully autonomous vehicle, a car that operates without human back up or intervention, could be tested on the road as soon as next year. Automakers have made great strides recently in improving autonomous technology. However, no fully autonomous vehicles have been tested on the road among other vehicles.

A Georgia homeowner's insurance company has asked a Bibb County Superior Court judge for guidance relating to the company's responsibility to indemnify the owner for shooting another. The Telegraph is reporting that the company filed a complaint in Bibb County Superior Court seeking declaratory relief on the issue. The judge's decision could have wide-ranging implications and open the door for indemnification to homeowner's for their criminal behavior despite contractual language that excludes coverage for criminal acts. We will watch the developments in this case closely as it plays out in court because of its significance.

Law enforcement officers from the Savannah-Chatham police department have started roving patrols to increase safety on local roads. Authorities say that the heightened enforcement program dubbed "Operation Rolling Thunder" is a "crackdown" on unsafe and illegal driving in the Savannah area. The aim of the project is to reduce fatal crashes and injuries on the roads. So far the program is working.

Many of us have had a loved one who resided in a nursing home or elder care facility. Sometimes as people age their mental or physical health can result in them needing frequent medical care and constant supervision that would not be possible if they stayed in a private home. Unfortunately, many nursing homes do not manage to live up to the standards that we would hope for, and reports of abuse and neglect in these facilities are far more common than we would hope. In fact, more than 90% of residents state that they or another resident in their facility has suffered from neglect. These numbers are frighteningly high, especially because the real numbers are likely much higher, as many residents of nursing homes cannot communicate due to their conditions, and others are afraid of being retaliated against if they speak out. So what can you do if you have been subjected to this form of abuse or if you see signs that your loved one has been the victim of nursing home abuse or neglect? The law gives you the opportunity to seek compensation from nursing homes that have been negligent or abusive, and to hold those facilities accountable for their actions.

We act as consumers nearly every day, purchasing food, clothing, medications, electronics and many other products. We put our trust in the companies that manufacture the things we purchase that they will be carefully manufacturing the goods that they sell so that they are safe for use. We expect food manufacturers to sell us food that is free from contaminants, car companies to manufacture vehicles that are safe to drive, and pharmaceutical companies to make drugs that have the proper dosages. Of course, sometimes products fail to meet these expectations and the results can be devastating. Product liability law is a body of law that exists in order to protect consumers from suffering injuries as a result of defective products. The laws governing product liability are governed by the states, meaning that the way these cases are handled might differ from state to state.

In recent years the number of motorcycles sold in the United States has been on a steady rise. People who choose to ride motorcycles may explain the appeal as a feeling of more freedom and a better appreciation of one's surroundings. Of course, the same reasons that motorcycles are considered fun and exciting to riders also create certain risks that are unique to these vehicles. Motorcycles leave riders exposed in ways that they would not be in cars, they are smaller and not always as easy for others on the road to see, minor problems on the road create greater hazards to motorcyclists than to cars, and riding a motorcycle requires more skill than driving a car. All of these factors create a situation where motorcyclists are more likely to be seriously injured in the event of an accident. Motorcyclists are actually about 27 times more likely to die as the result of an accident than are individuals riding in cars. The severity of these incidents often leads to questions of legal liability. In the vast majority of vehicle accident or collision cases, the question of liability will come down to the theory of negligence.

Personal injury law covers a wide range of scenarios. You may have heard the term "tort." Tort cases are a form of civil case, and they often involve situations where an individual was injured by or as a result of the actions or omissions of another person or company. The classic example would be a car accident, but many other cases fall into this category as well, including product liability cases, where a manufacturer is responsible for an injury. Other cases involve medical malpractice, where a medical practitioner has caused harm to a patient. If you were injured by circumstances that were not your fault, but can be attributed to the intentional or negligent actions of someone else, then you might be considering pursuing compensation from the person or entity that was responsible for your injuries.

The most common remedy in a civil lawsuit is damages. Damages are monetary compensation granted to a plaintiff. Damages are divided into several categories, including economic and non-economic damages. Economic damages can usually be itemized, such as medical expenses or lost wages. For instance, hospital bills, rehabilitation, or the cost of having your car fixed after an automobile accident are examples of economic damages. Non-economic damages are the ones granted to a plaintiff in compensation for the pain and suffering that the accident caused, or for emotional suffering. Unlike economic damages, which can be calculated by looking through documents such as medical bills and repair receipts, non-economic damages can prove difficult to quantify. It is not uncommon for a jury to reward a plaintiff with very high non-economic damages because they feel sympathy for the injured person on account of the pain caused by the accident. However, many states have placed "caps" on what a plaintiff can collect in terms of non-economic damages. These caps are typically in the range of several hundred thousand dollars.

Product liability cases arise when a product reaches a consumer and causes injury or damage to that consumer as a result of a defect in the product. Manufacturers, both of component parts, as well as the assembling manufacturer, as well as wholesalers and retailers can all be held liable for defective products. The defects may arise in one of three broad areas: a design defect, a manufacturing defect or a marketing defect.

According to The Atlantic, a new lethal dose of opiate-based narcotic has infiltrated regions of Georgia. Health officials issued a warning earlier this week that a pill is in circulation at this time which is believed to have caused two deaths and numerous other overdoses for which several people were hospitalized. Officials are not certain whether the pill is produced by a pharmaceutical company or homemade and they are investigating the dryg's origins.

Punitive damages, sometimes called exemplary damages, may be awarded Georgia to car accident victims in rare instances. A jury may award punitive damages to a car accident victim as punishment of the motorist who caused the crash for reckless behavior such as driving while intoxicated or fleeing the scene. The potential for punitive damages is an issue which must be thoroughly discussed between car accident victims and their car accident attorneys. Car accident victims need to understand that punitive damages are not available in every case. However, a skilled and experienced Georgia car accident attorney will know how to perform an exhaustive investigation to discover whether there is any justification for seeking punitive damages.

A recent decision from the Georgia Court of Appeals suggests that the defense of "Assumption of the Risk" is viable as a defense. However, a close reading of the case indicates that the defense could have limited application. If you have been injured because of someone else's negligence, then you should consider seeking counsel who has the experience to guide you through the process and zealously represent your interests. There is simply too much at stake to take a chance with anyone else.

The Georgia Supreme Court handed down a decision today that compels Six Flags to pay a massive sum to a man injured near the amusement park's property. A jury awarded a young man $32 million, and the state's highest court reinstated that verdict. The Georgia Court of Appeals had ordered a new trial, and the Georgia Supreme Court overturned that ruling. The State Supreme Court ruled unanimously in the case of Martin v. Six Flags Over Georgia. The case is terribly tragic but sets an important precedent for landowners to be aware of the dangers that could befall a visitor.

The Georgia Workers' Compensation Act ("the Act") includes an exemption which relieves small businesses of the burden of carrying workers' compensation insurance. The exemption may be found at OCGA §34-9-2 (a) (2) and excludes businesses that do not regularly employ three people within the state. However, the statute authorizes workers and employers to waive that exemption and voluntarily agree to be bound by the Act. Some employers may try to avail themselves to the exemption even if they do not otherwise qualify.

The Atlanta Journal-Constitution is reporting that doctors and other medical professionals who have been accused of sexually assaulting their patients receive lenient punishments. Most doctors do not face criminal prosecution, let alone punishment. Furthermore, the overwhelming number of medical boards across the nation take remedial measures but very rarely revoke a physician's license to practice medicine. The average person facing charges such as these would face stiff criminal penalties for such demeaning, egregious, and perverted behavior. If you or someone you love was assault by a physician in Georgia, you should seek the assistance of an experienced personal injury attorney who can fight for your rights, protect your dignity, and tirelessly work to vindicate your claim.

Just in time for the summer grilling season, a hot dog manufacturer issued a recall on some of its products. Those hot dogs are not the only unsafe food on the market today. As a result of the death of a teenager, new warnings have been issued about the dangers of caffeine. While these incidents are seemingly unrelated, they do beg the question of whether the food we consume daily is in fact safe.

It seems like every few days we learn of another story about the airline industry and their mistreatment of airline passengers. Recently, emotional support animals, typically dogs, have been allowed on flights to assist with the physical, mental, and emotional well-being of the passengers who need the support animal's help.

What is the monetary value of a person's life? It is hard to put a number on it, and in reality, a person's life is invaluable. However, when calculating damages in a wrongful death or catastrophic injury case, the plaintiff must provide some method of establishing the future economic value of the victim in the case. It is not easy, but financial experts do just that. In fact, they can be indispensable to the victim and his or her family in determining the economic value of a person's life if the life-altering or life-ending event had not taken place.

Atlanta personal injury attorneys at Montlick & Associates recently commented about the arrest of professional golfer Tiger Woods on suspicion of driving under the influence near his home in Jupiter Island, Florida. Jupiter police encountered Woods near his home and arrested him around 2:00 a.m. on Memorial Day. Now, additional details have emerged regarding his arrest and the medication he took.

As summer approaches, more and more people will take to the water in their boats. Whether it is off the Georgia coastline or on one of Georgia's ponds or lakes, boaters must be aware of the dangers they could encounter on the open water. It is easy to forget that situations can quickly spiral out of control and what was once a fun afternoon in the sun can turn tragic in an instant. Therefore, it is imperative that boaters take every precaution to protect themselves and their passengers.

Alternative dispute resolution is a vital component of our legal system in the United States today. Alternative dispute resolution, or ADR, can be an efficient method of resolving disputes without the expense of taking a case to trial. ADR primarily consists of arbitration and mediation. Both methods of ADR have their advantages. However, mediation can lead to a more satisfying client experience which, in the end, translates into a sense of justice being served.

A Cartersville, GA family was devastated this Memorial Day weekend after their three-year-old baby girl drowned in the family swimming pool. In March, a four-year-old boy drowned in a community swimming pool after being in the water for nineteen minutes. The death of these children is another chilling reminder to homeowners who own pools to take appropriate precautions to prevent a tragedy like this from ever happening again.

A College Park police officer suffered serious injuries on Memorial Day when a driver who fell asleep at the wheel crashed into his parked patrol car, according to AJC.com. The officer is lucky to be alive. He was rushed to a local hospital with severe injuries but was listed in stable condition. The Georgia State Patrol is investigating to determine how the incident occurred.

Our Atlanta personal injury attorneys discuss reports that have been posted regarding the arrest of golfing superstar Tiger Woods, which highlights the risks inherent when driving after consuming prescription medication. Woods' arrest is an unfortunate and embarrassing incident for the golfing legend. While his arrest reminds people of the golfer's precipitous fall from grace, people can learn a valuable lesson from Woods' failure of judgment and be reminded of how lucky he is not to have hurt or killed anyone.

A young man died at the scene of a crash with a tractor-trailer, and a woman was also killed in separate car accidents on Memorial Day weekend. Both accidents were terribly tragic and, as is so often the case, the driver at fault was neither killed nor seriously hurt in either wreck. Two young lives were lost due to the recklessness or carelessness of other drivers. These stories should serve to remind motorists that driving a motor vehicle is accompanied by a grave responsibility to operate safely, so other's lives are not placed at risk.

Article Summary: Our law firm discuss the chemical spill in April that caused traffic on the Downtown Connector in Atlanta to be diverted for several hours and how HAZMAT accidents can occur. The Atlanta Journal Constitution that the crash occurred during the early morning hours, in the area of the Connector near 10th Street. Both sides of the highway were closed for a couple of hours, and one side was reopened as soon as cleanup efforts permitted. The other side of the highway reopened several hours later after all of the accident debris and all of the hazardous substance was cleared from the roadway.

Article Summary: A woman tragically died in a horrific accident involving valet parking, according to a report from AJC.com. A car was rolling backward with no one in the driver's seat. A valet jumped into the car to try to stop it, and he accidentally pressed the gas pedal instead of the brake. The car struck six people, including a thirty-three-year-old Connecticut woman. When the car hit the woman, it pinned her between it and another vehicle. She was transported to a hospital, where she later died of her injuries. The other five pedestrians were also injured and are expected to recover.

Article Summary: The TimesEnterprise.com reports that a teenager who was injured in a moped accident later died from his injuries. The young man was driving his moped on the north bypass near I-84 when a woman driving a truck hit the moped from behind. During the collision, the teen was ejected from the moped, and his helmet fell off. The truck and the moped both ended up on the shoulder near the highway. The injured teenager was taken from the accident scene to a hospital for treatment, but, sadly, he eventually died as the result of his injuries.

A child tragically died from injuries that he received in an accident involving a golf cart according to WALB.com. The eight-year-old boy was rushed to the hospital after the crash in Thomasville. At the time of the accident, an eleven-year-old was driving the golf cart while the eight-year-old and two other children rode on it. The kids were playing a game where they would exit the golf cart and run around it while it was being operated. Sadly, the eight-year-old was struck when he ran in front of the golf cart.  The incident reminds all of us of the importance of safety around such vehicles.

Summary: A five-year-old child died in an accident at an Atlanta tourist attraction, according to a report from AJC.com. The little boy and his parents had gone to the Sun Dial, the rotating restaurant on top of the Westin Hotel Peachtree Plaza, for lunch. The child became caught between a wall and the rotating part of the floor, and was crushed. As soon as people noticed what was happening, they tried to get the boy out of the place where he was stuck. Even though emergency responders came to the accident scene quickly, the boy was injured so severely that he tragically died at the hospital.

Summary: The MoultrieObserver.com reports that a woman is dead following an ATV accident. The crash occurred at night, and the woman tragically died when the ATV rolled over. Two other women were riding the ATV at the time of the wreck. They were hurt in the crash, and they were taken to the hospital where they received treatment for their injuries.