Atlanta Injury Lawyers Blog

Published on: February 24, 2010

Atlanta Area Child Attacked by 115 Pound Pit Bull

A seven year-old Marietta girl was released from Egleston Children’s hospital in Atlanta after being treated for over a week for injuries she suffered after being attacked by a vicious pit bull dog. In a common scenario involving dog attacks in Georgia, the young girl was walking alone when the dog snuck up on and attacked the child. The young victim suffered a severe leg injury and was fortunate to not have suffered other injuries that are common in these types of attacks such as bites and wounds to the face, lips, arms, cheeks and head.

As was the case here, most dog bites occur in children, with the highest number seen in boys between the ages of five and nine years old. The head and neck are the most common site of bites in children up to age 10 years, most likely because a child’s head is close to the level of a large dog’s mouth. The arms and legs, particularly the right hand, are the most frequent site of injury for older children and adults. In addition to wounds on the face lips, arms, cheeks and head, a dog bite can lead to a range of other injuries, including scratches, deep open cuts, nerve injuries, crush injuries, and tearing away of a body part. Even though all of the injuries are significant, most often the victim suffers from emotional scarring that is, many times, unbearable. If anyone has been attacked by a larger pit bull, you know how frightening the actual attack is. Vicious dogs usually do not run to attack you while barking. They usually sneak up silently and viciously attack without notice or provocation. This causes fear and confusion while the victim is being attacked. It also leads, in many cases, to post-traumatic stress disorder and other emotional damages stemming from the attack. Finally, many dog bite victims have a life-long fear of dogs after the attack and must undergo many years of psychological counseling in order to deal with this terrible condition.

The owner of the pit bull involved in the attack discussed above was cited under the Cobb County Ordinances for maintaining a vicious animal and not properly controlling the animal. Under the current laws, the owner is legally responsible for all injuries caused by the attack if she is found guilty of the animal control charges. While many Georgia injury lawyers are still under the impression that this type of attack is subject to the “one bite” rule (i.e., the dog owner is not liable unless she knew based on a prior attack that the dog is vicious or had a propensity to attack), this is not the current state of the law in most parts of Georgia.
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Published on: February 23, 2010

Attorney Robert J. Fleming Honored as Georgia “Super Lawyer”

by Robert J. Fleming

Congratulations to Attorney Robert J. Fleming for once again being selected as one of Georgia’s top lawyers by Georgia Super Lawyers Magazine. Only 5% of attorneys in Georgia receive this distinction. Selection to the Super Lawyers list provides third-party validation of a lawyer’s practice and positively influences client hiring decisions by providing an additional objective reason to select a Super Lawyer in Georgia.

Mr. Fleming also enjoys the highest rating (“AV”) in both legal professional ability and ethical standards awarded by the Martindale-Hubbell Legal Directory. Ratings are based on confidential and candid evaluations submitted by lawyers and judges throughout the world. Over one million lawyers are rated with less than 15% achieving an “AV” rating. This distinguished rating signifies that a lawyer has reached the height of professional excellence. Mr. Fleming has been named many times as one of Georgia’s “Super Lawyers” by the publishers of Law & Politics Magazine and Atlanta Magazine. He has been admitted to practice in all Georgia and Texas State Courts, and the Northern District of Georgia and Southern District of Texas federal courts*. Mr. Fleming has successfully litigated catastrophic and complex lawsuits throughout Georgia and the rest of the country in association with local counsel in a number of states.

Attorney Robert J. Fleming has been handling wrongful death cases, automobile accident cases, personal injury cases, dental malpractice and medical malpractice lawsuits for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of another for more than 20 years in and around Atlanta, Georgia and its surrounding areas, including Alpharetta, Austell, Avondale Estates, Chamblee, College Park, Conyers, Duluth, Decatur, Doraville, Hapeville, Johns Creek, Jonesboro, Lawrenceville, Norcross, Peachtree City, Riverdale, Roswell, Sandy Springs, Stone Mountain, and Smyrna. If you have been seriously injured and would like quality legal representation, contact Robert J. Fleming directly on (404) 525-5150 or contact us online.
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Published on: February 16, 2010

Atlanta Prescription Error–Is it Pharmacy Malpractice?

by Robert J. Fleming

Atlanta pharmacies are subject to regulation by the Georgia Board of Pharmacy. As an experienced Georgia injury lawyer, I have handled a number of prescription misfill cases that have resolved successfully. Today, I will break down the basics of a pharmacy malpractice case in Georgia so that anyone who is the victim of a prescription error will have a better understanding of the elements of these cases.

What is the basis for a Georgia Pharmacy Malpractice claim? Under the requirements of the Georgia Board of Pharmacy, a pharmacist must be trained as to the proper dosage of drugs, and has available to her the same texts and references as those utilized by doctors. These references clearly cover potential drug interactions, side effects and warnings for each drug.

What is the pharmacist’s duty? A pharmacist is responsible for inspecting and interpreting prescriptions and to consult with the prescriber (the doctor) if there is any doubt as to the prescription. Potential doubt includes not being certain about which medication is being prescribed, what the proper dose is, how often the drug should be taken or applied, and whether this particular patient should not be prescribed the medication due to an allergy or contraindication with another drug that the patient is currently taking. Any doubt should be resolved by the pharmacist communicating with the doctor to ascertain this information.

Published on: February 12, 2010

Gwinnett County Pedestrian Death Crash Caused by Texting

by Robert J. Fleming

As an experienced injury lawyer based in Atlanta, I know first-hand that Georgia car accident lawyers have been concerned with the link between cellphone usage/texting and car accident. In fact, I wrote about this fast developing problem back in a July 2009 blog.

Now, Gwinnett County officials are exploring further charges against an Atlanta-area resident who was involved in a car accident on Sugarloaf Parkway which killed a Gwinnett county pedestrian. After an exhaustive investigation, the woman has been charged with vehicular manslaughter and investigators believe there may be a link between texting and the wreck.

All Georgia drivers are charged with driving safely. This is a basic Rule of the Road. Georgia’s Traffic Laws (Georgia Code) can be found under Title 40 – Motor Vehicles and Traffic; Chapter 6 (Uniform Rules of the Road). If someone is distracted while they are driving their car, and this results in an accident, the at-fault driver is responsible for all of the harm they have caused because they were legally “negligent” and this negligence caused the accident. The fairly new legal theory that is creeping up now, is: if a driver is on their cell phone (talking or texting) and causes an accident, can punitive damages be assessed against them.

While this question may be new to some, we have been dealing with it for years and the short answer is: Yes. A Georgia driver who causes a wreck because they were on their cell phone is subject to a claim for punitive damages if the victim’s attorney uses the facts and the law to show that the unlawful behavior showed a “conscious disregard” or a “conscious indifference” to the welfare of others. In today’s society, this law firm has little doubt that this can be effectively proven. In fact, there really is nothing special about driving and texting, except that it is so prevalent these days. The “wrong” in this instance is that the texting driver is not paying attention to the road. If they cause an accident, they are liable for all of the damages that flow from the accident. It used to be that someone was inadvertently distracted and this caused an accident because they were not careful and they allowed their attention to the road to be diverted. While this is bad enough, the difference with texting is that these people are making a conscious decision to drive without paying attention. I have seen this on side road, 2 lane road and at 70 MPH on the interstate. It is wrong, and not only does it constitute negligence, it may very well warrant the aware of punitive damages if a case like this gets tried to a jury.
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Published on: February 11, 2010

City of Atlanta Potentially Liable For Dangerous Street

by Robert J. Fleming

I have written about similar dangerous conditions in the City of Atlanta, but it bears repeating because these instances of City neglect are too dangerous to ignore. Atlanta residents out for a stroll are in danger. So too are small children playing in the area, bicyclists, joggers and pets. If you go to the corner of North Highland Avenue and Cumberland Road, you will find the sharp jagged edge of what used to be a speed limit sign sticking up from the ground into the air. Just a few blocks away, at the corner of Stillwood and Rosedale, a City of Atlanta storm drain lies uncovered.

While the general rule is that the City is not responsible for simple negligence if someone gets hurt, there are many legal claims that allow those injured by these (and other similar dangerous conditions on City of Atlanta roads and property) to recover from the City for their injuries. The most common type of claim is premised on the legal theory of nuisance. To explain what constitutes nuisance in the simplest terms is: nuisance is negligence which is allowed to continue even after the governmental entity becomes aware of the dangerous condition. For instance, in the above example, if the City of Atlanta is not aware of the missing storm grate, they would likely not be responsible if someone get injured because of that dangerous condition. However, if someone gets injured and the City is notified of the injury and the missing storm grate but fails to take any action to correct the dangerous condition, then the second injured person can bring a cause of action based on nuisance against the City. Please be careful out there. Hopefully, you will not need the advice of an experienced Atlanta injury lawyer, but if you are injured, please take the time to hire the right lawyer.

Governments are commonly liable to injured pedestrians under the following scenarios:

Published on: February 10, 2010

Hiring the Right Georgia Injury Lawyer

by Robert J. Fleming

You’ve been seriously injured in a car accident, pharmacy error or other type of accident. You have tried being reasonable and “working it out” with the insurance company, to no avail. You are now in the market to hire a Georgia Injury Lawyer. And boy, there sure is no shortage of lawyer ads on TV, in the yellow pages, on the radio, on billboards, on the side of city buses, inside MARTA trains, or on the internet. How does one decide.

The truth is: there are plenty of Georgia injury lawyers, but only a handful of top-notch lawyers who can effectively handle your case and get you an amount of money in settlement or at trial that can positively change your life. Here are a few things that you may want to consider when you are seeking the lawyer that will help you and your family:

(1) Experience. How long has the lawyer been practicing law? How long has he or she practiced in Georgia injury law? How much “first chair” trial experience does this particular lawyer have? Don’t be lulled into thinking that experience is not the most important criteria, because it certainly is. But, not just experience, but successful and meaningful experience is the key here. There are plenty of “experienced” lawyers who have practiced for over 20 years and have never tried a case to verdict. Plenty more who have simply watched other lawyers in their firm try the case (and then claim that they “tried” the case). As an informed potential client, ask specific questions and demand specific answers. You might be surprised with what you hear.

Published on: February 9, 2010

Atlanta Prius Owners Beware

by Robert J. Fleming

In the wake of Toyota’s massive safety-related recalls, many Atlanta-area Prius owners are wondering if all the hype warrants serious concerns. Of course it does and here’s why. The latest recall stems from Prius owners experiencing “a short delay before the brakes kick in.” Couple this with the 5 million-vehicle Toyota recall for “problems with floor mats which can trap gas pedals and not allow the pedal to release” and “concerns related to gas pedals not returning to idle” and one can only wonder what serious accidents can occur as a direct result of these serious design flaws.

To date, this dangerous defect has been potentially linked to four serious car wreck by the National Highway Traffic Safety Administration (NHTSA). However, the jury is still out and all Prius owners should exercise extreme care until this issue is resolved. Toyota brass have apparently been slow to acknowledge and recall other cars for safety issues.

Attorney Robert J. Fleming has been handling wrongful death cases, automobile accident cases, personal injury cases, dental malpractice and medical malpractice lawsuits for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of another for more than 20 years in and around Atlanta, Georgia and its surrounding areas, including Alpharetta, Austell, Avondale Estates, Chamblee, College Park, Conyers, Duluth, Decatur, Doraville, Hapeville, Johns Creek, Jonesboro, Lawrenceville, Norcross, Peachtree City, Riverdale, Roswell, Sandy Springs, Stone Mountain, and Smyrna. If you have been seriously injured and would like quality legal representation, contact Robert J. Fleming directly on (404) 525-5150 or contact us online.

Published on: February 8, 2010

Georgia Car Accident Valuation

by Robert J. Fleming

As an experienced Georgia injury lawyer, the question I get the most is, “I was involved in a car wreck in Atlanta, what is my case worth.” No answer to this question would be complete without first stating that if you have been involved in an Atlanta wreck, you should consult with an experienced Georgia injury lawyer who handles serious car accident cases. Since an initial consultation is normally free, there is very little downside to seeking the advice of an attorney based on the specific facts of your case. After all, knowledge is power, as they say.

With that said, there are a number of factors that Georgia car accident lawyers look at in analyzing the merits and value of a potential car wreck case. They are:

1. How serious are your injuries? The case value increases if you have sustained objective and serious injuries such as broken bones, herniated back disks, a concussion, a closed head injury or severe lacerations. The general rule (which should not come as any surprise) is: the more serious (and objective) the injuries, the more valuable the case. It is also helpful to note that the injuries that provide the most value to a case are the ones that are objective in nature. In other words, if there is a broken bone or a brain injury that shows up on an MRI, the case is much more valuable than one in which the only injuries suffered are those that do not show up on objective studies such as x-rays and other types of radiographic tests.

Published on: January 27, 2010

Georgia Personal Injury Settlements Subject to New Medicare Reporting Requirements

by Robert J. Fleming

There are new laws in place which affect how Plaintiff lawyers must handle personal injury settlement funds in Georgia. Starting July 1, 2009, insurance companies are subject to new reporting requirements which may hold up the settlement and payment to Georgia residents who have been injured in car accidents and other types of personal injury claims.

Under the new laws, liability insurers (including workers’ compensation insurers and group health plan insurers) are required to determine whether any individual who files a claim against the insurer or any entity insured or covered by the insurer would be entitled to Medicare benefits. If so, the insurer must provide Medicare with that person’s identity and any other information that may be required by the Secretary of Health and Human Services (Secretary). This information must be furnished to Medicare within the time specified by the Secretary after the claim is resolved through settlement, judgment, award or other payment, regardless of whether there has been an admission of liability. Obviously, the insurance company must obtain the information from the personal injury plaintiff in order for them to be able to report it to Medicare and comply with the new laws.

Failure of the insurance companies to comply with these new requirements could result in penalties. If an insurer or other Responsible Reporting Entity fails to notify Medicare in accordance with these guidelines, a civil penalty of $1,000 per day will be charged per claimant. In addition, Medicare now has the right to audit these entities who pay out to injured plaintiffs, and these entities must comply with the new registrations requirements. The practical result of this: insurance companies who write settlement checks will not release them to the plaintiff’s attorney who settled the case until the new Medicare reporting requirements are met. While this is not a huge deal, it may hold up some settlement payments. Most clients are anxious to receive the settlement funds once the case has resolved, and this is something that we take into account early in the process to avoid any unnecessary delay in you getting your personal injury settlement money.

Published on: January 23, 2010

Georgia Severance Pay

by Robert J. Fleming

Employers have been negatively impacted by the sour Georgia economy and many have been cutting costs to remain profitable. Unfortunately for many hard-working Georgians, some employers have been cutting costs by offering less (or in some cases none at all) severance packages to terminated employees. As a Georgia lawyer with a great amount of experience representing terminated workers; executives who are not fully paid salary owed to them, and salespeople who are not paid commissions owed to them upon termination, I am seeing a strong surge in the amount of claims related to these areas over the last 2 years. This post focuses on severance pay.

Absent a written contract which requires certain payments upon termination, severance payments are not required in Georgia. However, many employers choose to provide severance packages to terminated employees for a number of reasons. Some companies provide severance pay to garner goodwill with their employees (this goodwill extends not only to the fired employee, but also to the current employees who see how well the terminated employee is treated and, hence, view the employer in a better light). However, some employers use severance payments as a shield against any future liability or waiver of all future claims and lawsuits by the terminated employee. This is where it gets complicated and when you should consult with an experience Georgia lawyer if you are put in this situation.

Many times the employer will offer a severance package and present it to the terminated employee with a “full release of liability.” The offer of severance will be open for a short time and is expressly conditioned on the employee signing the release by the deadline imposed by the employer.

While this may be “good business” for the employer, it may not be in your best interest to sign the release and take the severance being offered. This is a difficult decision that should be discussed with a good attorney to make sure you do not leave any money on the table, or that you do not release valuable legal claims that you may have. Some fired employees may have potential lawsuits related to outstanding commissions that are being wrongfully withheld by the employer, final paychecks which have been withheld, unlawful discrimination, OSHA violations, Fair Labor Standards Act (“FLSA”) violations, or any number of other valuable claims. At a minimum, your potential claims should be discussed with an experienced Georgia business lawyer prior to signing anything given to you.

As a practical matter, most employers provide a 21-day period to review the severance package being offered and the package states that the company urges the terminated to consult with a lawyer. Obviously, the company puts this language in the agreement as a protection against the terminated employee claiming that they did not know what they were signing or did not understand the effect of the document they signed. In most cases, the legal effect of signing the documents that come with a severance package that is being offered to you is that you release any and all claims against the company that you have, or may have in the future related to any conduct of the company up to the date you sign the release. Since this is a broad release, you should be absolutely sure be certain that you know: (1) what potential claims and causes of action you may have based upon your employment; and (2) the money that you are receiving is worth foregoing these causes of action.
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