Atlanta Personal Injury Attorneys

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.

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.

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.

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.

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.

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.

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.

Georgia's Department of Community Health (DCH) is a state agency whose mission involves protecting elders. The agency is equipped to investigate allegations of elder abuse. The agency's investigations could lead to criminal charges if warranted under the circumstances. DCH has a hotline which a concerned citizen or a mandated reporter can call to commence an inquiry. The DCH will investigate acts involving exploitation, neglect, and abuse of an elder regardless of whether the elder resides in his or her home, in a nursing home, or some other short or long term disability facility. The DCH stands ready to protect this vulnerable population because elders so frequently cannot protect themselves due to declining physical and mental health.

With the official start of summer just around the corner, many people will dust off their bikes and hit the road. Bicycling is a healthy alternative to sitting in Atlanta traffic. However, it can be extremely dangerous. With drivers who are less attentive and traveling faster than ever, you must be acutely aware of your surroundings when you are riding a bicycle to have a safe and enjoyable ride.