Confidential Settlement for Premises Liability Accident
Confidential Settlement for Motorcycle Wreck
$705,000 Verdict in Commission Dispute Case
Confidential Settlement in Golf Cart Injury
$1.9 Million Recovered in Pay Dispute
Confidential Settlement For Atlanta Chiropractic Malpractice
Confidential Settlement in Commission Pay Dispute
Confidential Settlement In Dental Malpractice Case
$3.25 Million For Alleged Fraud in Sale of Business
$5.5 Million Medical Malpractice Verdict
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After a year-long study, the National Transportation Safety Board last year found that the faulty and confusing signs which caused the deadly bus crash at I-75 at Northside Drive in Atlanta have been replaced by the State of Georgia. As one safety expert put it, the former confusing road signs were “potentially a killer.” Based on the tragic wrecks that have occurred within the Atlanta City limits at this junction of the interstate, that would be an understatement.

In addition to replacing the signs, the State of Georgia has settled with the victims and their families for a total of $3 million, which is the maximum exposure for a single accident that the State of Georgia (due to sovereign immunity, which the state and other governmental entities enjoy in varying degrees) has in these situations. In the deadly crash, the driver of a charter bus carrying a college baseball team mistook the exit sign for the I-75 through way and exited the highway ramp at highway speed. Not realizing that the bus was now on the exit ramp, the bus driver continued through the exit ramp, rammed a concrete wall, jumped the bridge and landed back onto I-75. The crash caused 5 deaths and numerous other severe injuries.

This is yet another example of a single-vehicle accident which, at first blush would lead many injured people to believe that they did not have a case. However, as we have discussed in the past, despite great odds, many single vehicle accidents have resulted in multi-million dollar settlement or verdicts. The key to pursuing these cases is to involve an experienced auto accident lawyer early so that a proper investigation can be conducted. Many times, the real cause of the wreck is not apparent at the scene and the police investigation does not always uncover all of the factors and parties that caused or substantially contributed to the wreck. That is why a thorough investigation (other than the initial police report or initial investigation by an accident re-constructionist) should be conducted as soon as possible. This should include, but is not limited to, which vehicles were involved in the wreck, the identify of all drivers, whether any drugs or alcohol contributed to the wreck or were found in any of the vehicles, the service log of any truckers involved to determine if they were lawfully driving at the time of the wreck or whether they were fatigued and should not have been on the road, any witnesses, and any other factors that might help determine responsible parties for the wreck.
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The more things change, the more they stay the same. Today’s news talks about how misaligned storm grates on Atlanta streets are causing a safety hazard for Atlanta bicyclists. While this has been reported on this site before, the news is that it is not getting any better.

The problem is that the City of Atlanta is not installing the storm grates properly. When properly installed, the slots of the grates should run perpendicular to traffic and when the City of Atlanta installs them parallel to traffic, a safety hazard occurs. In legal terms, this type of hazard is known as a nuisance and once the City of Atlanta is aware of the hazard, or should have been aware, it is liable for all damages that the nuisance causes.

What is particularly troubling about these hazards is that the danger posed is potentially deadly. When a bicyclist rides over the storm grate (and the slots are running parallel to traffic), the bicycle wheels get stuck in the grates and this causes the bicyclist to lose control, often falling head-first onto the pavement or into oncoming vehicles.

It truly puzzles me as to why the City of Atlanta allows these nuisances to exist since the cost to remedy the nuisance is so minor and the potential harm caused by the nuisance is so great .
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As I discussed in the last blog post, as an experienced Georgia personal injury lawyer, I have represented many clients injured in automobile accidents. While every case is different and no two clients are alike, I am writing a series of blog posts to address those questions which come up most often. Knowing the answers to these common automobile accident questions should enable those injured in Georgia car accidents to be better informed about the litigation process. The questions are in bold and are followed by the answers:

How long do I have to bring a lawsuit for injuries I suffered in an car accident? Under Georgia law, you must file a lawsuit for personal injuries sustained in an automobile accident within two (2) years from the date of the accident. Interestingly, claims for loss of consortium (i.e., a spouse is entitled to fully recover for the loss of the injured spouse’s marital relations such as companionship and sexual relations) must be brought within four (4) years.
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As an experienced Georgia personal injury lawyer, I have had the pleasure of representing many clients injured in car accidents. Some questions come up quite often and I thought it would be helpful to cover those questions here in a series of blogs so that those injured in Georgia car accidents would be better informed from the start. The questions are in bold and are followed by the answers:

I was involved in an automobile accident. It was the other driver’s fault and I have been seriously injured. Who is responsible for paying my medical bills?
Under Georgia law, the at-fault driver is responsible for paying all of your damages that result from the car wreck. The at-fault driver is responsible for paying your medical bills; your out-of- pocket expenses; any lost wages that you have incurred in the past or will likely incur in the future as a result of the wreck; and an amount of money to fully compensate you for the pain and suffering caused by the automobile accident. If you are married, your spouse is entitled to fully recover for the “loss of consortium” that the accident has caused. Since loss of consortium compensates one for the loss of their spouse’s marital relations, these damages can be substantial, but are derivative of the claim of the injured spouse. In other words, if the claim for the injured spouse is not successful, the loss of consortium claim is lost.

Should I hire a lawyer?
The short answer is, “Yes, you should hire a lawyer to represent you.” Studies show that injured people who hire an experienced personal injury attorney to represent in a automobile accident case recover over $35,000 to resolve their case, while those who do not hire an attorney and settle on their own get about $6,624. If you have any doubts whether you should hire a lawyer, just ask the insurance company defending the at-fault driver if you need to hire an attorney. The resounding response will be, “No.” The insurance company will do everything in their power to stop you from hiring an attorney. Why? Because they know what we are discussing here: seriously injured people are compensated much better for their injuries when they are represented by an experienced Georgia personal injury attorney. Yes, you must pay the attorney’s fees, but you are much better off in the end. And not to belabor the point, but the more serious your injuries, the higher the stakes and the more you need to hire an experienced personal injury lawyer.
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This is dog bite season, and with increased numbers of dog bites occurring in Georgia comes a need for information for the victims. You should consider doing the following if you are bit by a dog or other animal:

(1) Identify the best you can the animal that bit you. This is important for a number of reasons. First, it may save you the trouble and pain of having to undergo rabies treatments. Second, the animal’s owner may be legally liable to you for the damages you suffer because of the incident. Finally, the animal may pose a danger to others if left in public, and you should make sure that the proper authorities investigate the situation so that they can make appropriate arrangments to safeguard the public.Find out the owner’s name, the dog’s name, or anything else that will help you later identify the animal. Also, take a picture of the animal, if you can. This is always helpful.
(2) Seek medical attention. Complications from dog bites are rare, but potentially deadly. If you are a victim of a dog bite in Georgia, you should seek medical attention for you injureis as soon as possible after the attack. Once you see the doctor, make sure to follow the doctor’s advice. This will greatly reduce the possibility of potential complications and a disastorous outcome. Also, this is an important step to document your injuries. Many clients under treat as they may feel it is not necessary, however this only works against you if you want to bring a lawsuit later on. This is especially troublesome if the injuries worsen over time.
(3) Seek to find out the animal owner’s name, address, telephone number and drivers license number, if he or she will give you this information. It would also be helpful to know the owner’s insurance company and insurance agent’s name. Once the insurance information is determined, the claim should be set up with the homeowners’/dog owners’ insurance company to make sure that the claim will be honored. As with many other types of personal injury claims, obtaining a complete copy of the insurance policy is one of the first steps that the plaintiff’s lawyer will take, in order to properly pursue a dog bite case.

While it is important to note the size and type of the dog that attacked you, this is not really a determining factor as to whether the dog would be considered to be a “dangerous animal”.  The most important factor in this regard is whether the dog has bitten someone before or if the dog has attempted to attack and innocent bystander without provocation in prior instances. If this is the case, the dog will be considered vicious in the chance of succeeding in any lawsuit based upon the dog tag is substantially increased.

This information should help you if suddenly become the victim of a dog bite.
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On October 2, 2009, MADD Georgia will hold its annual 5K walk to help raise the public’s awareness of the Georgia drunk driving. The event, previously known as “Strides for Change,” is called “Walk Like MADD” and will be held at Zoo Atlanta.

As experienced personal injury lawyers who represent victims of Georgia Drunk Drivers, we applaud the efforts of Mothers Against Drunk Driving (“MADD”) and wish them great successes in this worthy event. It is a sad fact that so many accidents in Georgia are related to drugs and alcohol. This is especially true during the Holiday which are fast approaching.

While all car accident victims possess a claim and potential lawsuit based on the negligence of the at-fault driver, the victim of a DUI accident also possesses potential claims for punitive damages. Driving while drunk is an added element of this type of lawsuit and is based upon the legal understanding that one who drives while drunk is grossly negligent. Georgia courts define “gross negligence” as being “equivalent to (the) failure to exercise even a slight degree of care” and “lack of the diligence that even careless men are accustomed to exercise.”

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A 28 year-old woman visited a dental clinic to have 3 upper molars removed. Due to a mistake by the dentist and clinic, the dentist negligently removed all of the woman’s upper teeth. Article.

Because of this clear case of dental malpractice, the victim has lost all of her upper teeth (of which 13 were apparently in good condition), endured tremendous amounts of pain; will be forced to undergo future corrective surgeries, and suffered from potential future medical complications such as her sinus cavity sagging due to the missing teeth and her facial bones moving because of the decreased bony structure.

Recently, a jury awarded the victim $2 million in damages. The money will be used to compensate this victim of dental malpractice for her pain and suffering and loss of her body parts; and to help finance the future dental procedures, gum surgeries, and other corrective procedures that the plaintiff must undergo in order to replace all of her upper teeth.

All dental malpractice cases in Georgia must be filed with an affidavit completed by an expert who opines about the facts of the case and testifies to at least one act of dental malpractice which caused or substantially contributed to the injuries that the plaintiff is complaining of in the lawsuit. In the present case, either a general dentist, oral surgeon, or other type of dentist can be the affiant, so long as the expert performs the same procedures as the one at issue in the case and which forms the basis for the dental malpractice claim. Since the injuries in this case were caused by negligent tooth extractions (a procedure that most dentists perform) the expert could be a general dentist, oral surgeon, or periodontist. The magic language in these situations is that there is substantial overlap as to what procedures these types of dentists perform. In addition, dentistry, unlike the medical profession, does not have sub-specialties.
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In a moment, I will reproduce the long and confusing letter I received last week from my Atlanta insurer. But before I do, I want to give you the free legal advice I promised: Do NOT reject the revised uninsured motorist coverage that is now being offered to all Georgia drivers. I can provide this advice without knowing you. Without knowing your financial status; without knowing your age, income, driving history, medical history, neighborhood in which you live, or anything else about you. Why? Because the new law benefits all drivers. You see, the insurance industry fought hard against this law because it requires them to provide more coverage for a very small added premium. It’s funny how that works. The insurance companies lobby with all their might to stop a bill from passing. Most times, they claim it is a bad bill for consumers. But, the reality is: insurance companies lobby against bills that are good for the consumer and which cost insurance companies money.

I am sad to say that many potential clients have come to me after sustaining catastrophic injuries resulting from the negligence of an un-insured (or under-insured) driver. This is the exact situation in which your uninsured motorist coverage should kick in to help you, if you have it. But under the old law, your insurance company was entitled to a “set-off” which reduced the amount of your uninsured motorist coverage by the amount of the at-fault parties liability insurance. Many times, this setoff wiped out your uninsured motorist coverage and resulted in the insurance company not having to pay you anything for your injuries. This unjust outcome is now addressed by the new law, unless you reject this added coverage in writing. Simply stated once again: don’t reject the added coverage, it is invaluable and costs next to nothing to get, yet provides an invaluable source of insurance coverage should you get into a bad wreck with a driver who is not insured or who is under-insured.

The following is a reproduction of the letter I received from my insurance company. To be sure, it is long and it is confusing. I am pretty sure that the insurance company has done this on purpose, in the hopes that some who are confused by the letter will reject the new coverage. Here is the letter:

“According to our records, your policy contains Uninsured Motorist Coverage. This important coverage provides protection for you, your family, your passengers while occupying your vehicle, or another driver operating this car with your permission, when another at-fault driver is legally responsible for your injuries or property damage but that driver does not have any automobile liability insurance. Coverage may apply if the at-fault driver has liability insurance but the amount of insurance is less than the damages you sustained in the accident. the actual terms of this coverage are governed by Georgia law.

During the 2008 Session of the Georgia Assembly, a law was passed that requires us to provide revised Uninsured Motorist Coverage unless you reject this coverage in writing. We refer to this new coverage as Uninsured Motorist Coverage-Added on to At-Fault Liability Limits, hereinafter referred to as “New Uninsured Motorist Coverage”. This New Uninsured Motorist Coverage provides additional protection at a higher premium than the coverage you currently have.

If you or other eligible insureds are injured or have property damage caused by an uninsured or underinsured motorist, the New Uninsured Motorist Coverage provides protection that will pay for your damages in addition to the at-fault drivers Liability Coverage limit up to your New Uninsured Motorist Coverage limit.

If you reject the Uninsured Motorist Coverage, you may select  Uninsured Motorist Coverage-Reduced by At-Fault Liability Limits hereinafter referred to as “Traditional Uninsured Motorist Coverage”. This coverage is comparable to the coverage you currently have. Traditional Uninsured Motorist Coverage provides less coverage than the New Uninsured Motorist Coverage, but the Traditional Uninsured Motorist Coverage is available at a lower premium. Unlike the New Uninsured Motorist Coverage that provides up to a full limit of protection over and above the at-fault drivers liability coverage, Traditional Uninsured Motorist Coverage will only pay up to the difference between the at-fault drivers Liability Coverage and your Traditional Uninsured Motorist Coverage. This means Traditional Uninsured Motorist Coverage will allow you to collect from the at-fault driver and your Traditional Uninsured Motorist Coverage, combined, up to the same limit of Traditional Uninsured Motorist Coverage you have purchased.

The two uninsured motorist coverage choices do not differ if the at-fault driver responsible for your injuries or property damage does not have any Liability Coverage. In such cases, both New Uninsured Motorist Coverage and Traditional Uninsured Motorist Coverage will up to the amount of Uninsured Motorist Coverage purchased. We understand that these coverage choices can be confusing…”
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If you are an Atlanta cyclist and ride along the shoulder of Howell Mill Road, you will see first- hand a City of Atlanta nuisance. As reported in the Atlanta Journal Constitution (“AJC”), about 50 feet south of the Peachtree Creek bridge is a hazardous storm grate. If you travel this stretch of road, you will see that there are two storm grates. One is correctly place so that the grates run perpendicular to traffic. The other storm grate, however, poses a severe hazard because the grates run parallel to traffic.

As an experienced Georgia injury lawyer, I cannot overemphasis how dangerous this condition is. The danger occurs when a cyclist’s tire gets stuck in the grate. This can cause the cyclist to lose control and veer into oncoming traffic. It goes without saying that a whole host of catastrophic bicycle injuries can occur when cyclists loose control of their bike and collide with cars. Some common resulting injuries are coma, concussion, closed head injuries, traumatic brain injury ((“TBI”), broken bones, road rash, severe lacerations, and even death.

While governmental agencies such as the State of Georgia, local counties such as Fulton, DeKalb, Cobb, and Clayton and the City of Atlanta enjoy a certain amount of immunity from wrongful acts and negligence due to their special status as municipalities, many times they are liable for the damages caused by a nuisance, such as the above example. However, when the negligent acts result in a nuisance, if not corrected once the municipality knows, or should know, of the dangerous condition, the city, county or state can be held accountable. For instance, in the case of the grates discussed above, once the City of Atlanta (or whichever local municipality which is charged with the care and upkeep of the roadway and grate system) is aware of the problem, they must correct the dangerous condition. Failing to do so, under the laws of Georgia, this dangerous roadway situation now constitutes a nuisance and the injured party can pursue the municipality for damages.  In Georgia, the damages recoverable on account of a nuisance are all the direct damages resulting from the nuisance, including personal injuries, medical bills, lost wages, pain and suffering, and in the proper case, attorneys’ fees and expenses of litigation.

It is essential to send an anti-litem notice to the municipality as soon as you become aware of your claim and that a governmental entity may be liable for your injuries. The time to do this varies, but one thing is for sure, if you miss the deadline to send the anti-litem notice to the governmental entity, you are almost always precluded from pursuing the claim agains the government entity in a lawsuit. To be safe, you should hire an experienced personal injury attorney to represent you as soon as possible so that all deadlines and statutes of limitations are complied with.
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According to an article in today’s New York Times, the risk of accident caused by drivers who text while operating vehicles sharply exceeds previous estimates.

The study placed cameras in the cabs of 18-wheeler trucks. It found that when the drivers texted, they were 23 times more likely to be involved in an accident. The researchers believe that these findings are generally applicable to car drivers as well.

The issue of texting causing accidents has recently been highlighted by several highly publicized crashes caused by texting drivers, including a trolley car accident in Boston and a recent incident in Atlanta, Georgia when a passenger photographed a MARTA train operator texting while operating the train.

It takes about 5 seconds for a driver to take their eyes off the road, text and return their attention back to the road. This is about the time it takes for a car or truck traveling at normal highway speeds to cover the length of a football field. Clearly too long for one’s attention to be diverted while operating any vehicle.

As a Georgia lawyer who regularly litigates car and truck accident cases, it amazes me that texting and driving has not been brought to the forefront of attention. We, as a society, must put laws in place that stop drivers from texting while driving AND ENFORCE THE LAWS! When I drive in Atlanta to and from the office, I notice that half the people on the road are texting while driving. This is not an exaggeration. It is shocking to see people driving on the highway at 70 MPH and texting on the phone. Similarly, in stop and go traffic, simply look to your left and look to your right. What will you see? Well, chances are that one of those drivers will be texting (or worse yet, watching a movie or playing a game on their phone).

From a legal perspective, accidents caused by these people are skyrocketing and they are at fault. As I have discussed on other occasions, the following are the legal elements of a negligence claim, and a lawsuit based on a car wreck is a type of negligence claim:

Elements of a Negligence Claim

In order to win a negligence case, the plaintiff (the person injured) must prove the following  elements to show that the defendant (the person at fault) acted negligently:

  1. Duty – The defendant owed a legal duty to the plaintiff under the circumstances;
  2. Breach  – The defendant breached that legal duty by acting or failing to act in a certain way;
  3. Causation  – It was the defendant’s actions (or inaction) that actually caused the plaintiff’s injury; and
  4. Damages – The plaintiff was harmed or injured as a result of the defendant’s actions.

On the roadways of Georgia, every driver owes a legal duty to all others to drive reasonably and to use caution. This duty is breached when a driver is texting while operating a vehicle. The action of texting is what caused the accident, and hence the plaintiff’s injuries. Finally, the damages are the injuries which flow from the accident. Therefore, these are all of the elements needed to support a lawsuit against a Georgia driver who causes and accident while texting.
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(404) 923-7497 (800) 613-1923
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