Atlanta Injury Lawyers Blog

Published on: May 26, 2009

Atlanta Motorcycle Accident Ends in Death

A motorcyclist died over the Holiday weekend after crashing with a car on Old National Highway. According to Fulton County police, the deceased lost control of his motorcycle and died after colliding with a car at the intersection of Old National Highway and Hallie Mill Road. Excessive speed was cited by investigators as a factor in causing the wreck.

The initial report lists excessive speed as the cause, or contributing factor, to the wreck. This is by no means an end to the inquiry, nor should it be. Many times, after the initial police report has been completed, a more thorough investigation uncovers other factors that caused or contributed to a motor vehicle accident. In addition to follow-up by the police, I have found that private investigators my uncover other causes of the wreck. Common causes of these accidents include but are certainly not limited to: driving under the influence of drugs or alcohol, cell phone use or other acts of inattentiveness while driving on the highway, distractions, improper signaling while turning, no turn signal when changing lanes on the interstate of highway, defective equipment, not having headlights on in dusk or twilight conditions, not properly marking dangerous conditions, truckers falling asleep at the wheel, lack of adherence to safety regulations by trucking companies, following too close, speeding, driving too fast for conditions such as ice, snow, heavy rain or fog, running a red light or stop sign, improper turns, tailgating, road rage incidents, unsafe potholes in city streets, animal crossings, and many other acts of negligence that can cause death or serious injury on the roads of Atlanta.

If you have been in an Atlanta auto accident which has resulted in serious injury or even death of a passenger, it is imperative that a full and thorough investigation is conducted by the police and, if applicable, an experienced personal injury law firm, to determine all of the factors that caused or contributed to the collision and resulting injuries. Many times, the initial report does identify one of the factors of the wreck. But, there are many other factors that cause of contribute to a wreck which are not contained in the initial police report. These additional factors can, in many cases, determine who was at-fault in the wreck and who the potential defendants are.

Published on: May 20, 2009

Dangerous Materials Found in Chinese Drywall

by Robert J. Fleming

Recent attention has focused on faulty Chinese Drywall as causing a number of construction defects and personal injures. Once again, more information is coming to light. According to a recent test conducted by the Environmental Protection Agency, the Chinese-made drywall contained sulfur and acrylic paint compounds. Apparently added to increase the weight of the product (and hence, to increase the profit), these findings further support the growing concern that the Chinese drywall is damaging new and remodeled Atlanta-area homes.

If your home was recently built or remodeled and you suspect that it contains defective Chinese-made drywall, you should investigate further to protect your family from harmful toxic exposure. You also may be able to recover your damages due to this defective product.

The potential danger of Chinese-made drywall was uncovered when buyers of new homes in Florida noticed a strange smell, which officials now believe to be from high sulfur content in Chinese drywall. It now appears that the problem may be more widespread than just Florida.

Published on: May 18, 2009

Small Law Firms are More Cost Effective

by Robert J. Fleming

According to a recent article in the Fulton County Daily Report, growing dissatisfaction with the billable hour dominated a recent discussion between in-house counsel and lawyers from boutique firms.

As an experienced Atlanta injury lawyer and business litigator who has been an associate, partner and managing partner during my legal career, this comes as no surprise to me. Simply put, the size of a firm does not equate with the quality of legal work it performs and anyone who implies the opposite is misguided. While this is garnering headlines now as Corporate America attempts to tighten its belt, this is something that most legal insiders have come to realize some time ago. You see, the “big firm” business model is arcane and simply does not work in today’s competitive environment.

Most large Atlanta defense firms bill strictly on an hourly basis. While there is a lot of talk about changing, change comes slowly, if at all. Conversely, most smaller law firms who tend to represent injured Plaintiffs take most new cases on a contingency fee basis. In other words, the law firm’s fee is a percentage of the amount that is recovered for the client and if there is no recovery, there is no fee.

Published on: May 14, 2009

18-Year-Old Killed in Atlanta Crash

by Robert J. Fleming

Atlanta-area police cited excessive speed and alcohol as factors in a one-car crash that killed an 18-year-old from Milton. The driver of the car was apparently speeding in his pickup when he lost control and flipped twice with two passengers. The accident happened on May 12, at 2:30 a.m. A 16-year-old was also injured in the wreck and hospitalized.

The Georgia Rules of the Road govern what constitutes legally safe and lawful driving in Georgia. While this example is harsh, the estate of the passengers in the car have a potential wrongful death claim. The issue being: did the driver in whose car the passenger was in act negligently in causing the accident? If so, the driver would be liable for the injury (and death, if there was a fatality in the wreck) of the passenger and for all damages associated with the passenger’s life, including the pain and suffering at the time of death.

We have had great successes in helping seriously injured clients fully recover for the injuries that they sustained in automobile wrecks. We do this by fully investigating and properly pursuing every case. If you or a family member has been seriously injured or killed in a wreck, please contact us so that we can help properly evaluate your case.

Published on: May 13, 2009

Worst Insurance Companies in America

by Robert J. Fleming

The American Association for Justice ranks the ten worst insurance companies in America (2008). Based on reams of court documents, papers uncovered during litigation, trial testimony, state insurance department complaints, government records and news accounts of insurance company practices, the AAJ’s study is detailed and comprehensive. The following ten insurance companies made the list:

1. Allstate 2. Unum 3. AIG 4. State Farm 5. Conseco 6. Wellpoint 7. Farmers 8. UnitedHealth 9. Torchmark 10. Liberty Mutual

A detailed explanation as to why each insurance company made the list is contained in the article. However, for the sake of brevity, let’s just say that if you have suffered an insurable loss, you may not want to be in the “good hands” of Allstate and with neighbors like State Farm, you may want to live out in the country-miles from any neighbors.

Published on: May 7, 2009

Escalators and Crocs Just Don’t Mix

by Robert J. Fleming

Since we last reported on the Crocs-related escalator injuries on December 9, 2008, Atlanta Residents Injured By Faulty Escalators more news has developed which now points the finger at Crocs, in addition to faulty escalators. For a full breakdown of this developing area see the Snope.com article Danger Afoot. While it is clear that rubber shoes and escalators do not mix, everyone should take great caution when getting onto and off of escalators. I have especially noticed and increased incident rate of accidents while pedestrians are entering and exiting the escalators at the Atlanta Airport.

Regardless of which side you come down on this debate (e.g., is it the Crocs causing the injuries or is it the escalators that are causing the injuries), the important point to take away from this is: children are suffering injuries on escalators in record numbers. Whether they are being injured at Lenox Mall, Hartsfield Airport, on Marta escalators or in any number of locations around Atlanta, they are being seriously injured. All parents must take extra caution when shopping or traveling with young children.

If you do become involved in an incident stemming from a fall or other injury on an escalator, you must do all you can to preserve your legal rights. First and foremost, seek medical assistance if you are injured. If at all possible, you should also notify police or security and make absolutely certain that a police report or incident report is filled out. In addition, be sure that you obtain the police report number or incident report number (if available) and ask for a copy of the report. This will be invaluable later when you hire a lawyer and other information is sought from the potential defendants. These reports will not only clarify the facts of the incident such as exactly where on the premises you were injured, what caused the injury, who witnessed the incident, etc. but they also put the property owner on notice of the incident. Many times, if a police or incident report is not completed, we are not able to pursue a case.

Published on: May 6, 2009

Supreme Court Upholds $6.7 Million Drug Litigation Verdict

by Robert J. Fleming

The U.S. Supreme Court recently upheld a $6.7 million dollar verdict awarded to a woman whose arm had to be amputated after she received a Phenergan injection.

The woman, Diana Levine, was suffering from migraine headaches and sought treatment from a local clinic. The clinic injected her with Phenergan by using an IV-push, which allows for a greater volume of the the Phenergan to enter the body at a faster pace. Instead of the Phenergan entering the body through a vein, as planned, the drug entered her body via an artery and she developed gangrene. As a result, doctors had to amputate Ms. Levine’s hand and forearm. Obviously a catastrophic injury for anyone in this situation, the amputation was especially devastating to Ms. Levine because it ended her career as a guitarist and pianist.

After a jury ruled in her favor and awarded Ms. Levine her damages, the drug maker, Wyeth, appealed the verdict and argued to the United States Supreme Court that is should be shielded from liability because the FDA approved Phenergan for consumer use. The Supreme Court rejected this argument and awarded Ms. Levine her damages.

Published on: May 5, 2009

New Federal Act Protects Georgia Children From Unsafe Products

by Robert J. Fleming

The Consumer Product Safety Improvement Act of 2008 (the “Act”) was signed into law by Congress in 2008. The Act is aimed at broadening the consumer product safety laws and providing more tools to allow the Consumer Product Safety Commission (the “Commission”) to enforce the new laws.

The Act lowers the limits of allowable lead in paints and furniture coverings. It also prohibits the sale of all children’s toys and child care articles containing more than 0.1 % of three specific types of phthalates (chemicals commonly used in toys to increase flexibility in vinyl or plastic).

Under the Act, every manufacturer or importer of products intended for use by children must certify that its product complies with all applicable consumer safety laws and regulations and the certification must be based on tests performed by an independent laboratory which has been accredited by the Commission.

Published on: April 17, 2009

Injured Bicyclist Settles with County for $3.5 Million

by Robert J. Fleming

Just prior to trial, an injured bicyclist and his wife settled their lawsuit for brain injuries he suffered when he was thrown from his bicycle. A former endurance athlete who now suffers from permanent brain injury, was thrown from his bike when he struck a survey marker in the road. The bicyclist was in a coma for seven months after the accident, then treated at a physical rehabilitation center and now lives in a group home. Fortunately, the settlement will provide for around-the-clock care which is now required as the result of this tragic bicycle wreck. Like many other similar cases, a large part of the plaintiff’s damages are made up of future medical and nursing care that will be incurred in the future and which was necessitated by the injury.

An interesting aspect of this case is that there was a sustantial recovery, even though it was a single vehicle accident. The legal theory under which the settlement was possible was that the bicyclist was traveling on a bike path and the County was liable for the fall because it promoted the road as a bike path but failed to maintain it in a safe condition. An important fact in the case was that the County allowed a hole around the paving marker to grow deeper with each road paving. This type of inactivity is considered to be, in legal terms, a nuisance. The nuisance surely played a substantial role in getting the case settled, as without the nuisance cause of action, there might not have been liability on the County’s part.

In Georgia, many municipalities are immune from certain types of negligence. One way around this bar to recovery due to negligence in maintaining roads is to show that the muncipality knew, or should have known, of a dangerous condition on the roadway (in this case the bike path) yet failed to do anything to correct the situation. This theory of liablity against a city, county, or state has been successfully used against the City of Atlanta, and other cities in pot hole cases, broken water meter cases, missing or broken storm grates, roadways which were not properly maintained and therefore would not drain, cases involving large trees that were dying and deemed to be a hazard, and many others.

Published on: April 2, 2009

Atlanta Independent Medical Exams Are Anything But “Independent”

by Robert J. Fleming

A recent New York Times article chronicles how doctors’ reports regarding injuries are not always free of bias. The examinations, often referred to by lawyers as “Independent Medical Examinations” or “IMEs” are anything but “independent.” The clear inference one takes from the article is: the doctor’s report is often slanted to further the interests of the entity paying for the report. Many such reports are requested by insurance companies in order to evaluate a claim. However, as the doctor who was heavily quoted in the article states, “If you did a pure report, you’d be out on your ears and the insurers wouldn’t pay for it. You have to give them what they want, or you’re in Florida. That’s the game, baby.” Really? Where is this doctor practicing and why does he still have a license to practice medicine?

Wow. What a farce. As an Atlanta personal injury lawyer who regularly relies on medical reports and medical narratives to document the injuries that my clients have suffered as a result of car wrecks, slip and falls on commercial premises, medical malpractice, dental malpractice, dog attacks and many other types of lawsuits, I find it reprehensible that any doctor would be less than truthful in his or her report. Doctors, after all, are professionals who are sworn to uphold the Hippocratic oath. First mandate: do no harm. Obviously, lying on a medical report to sway a jury or tip a case in the wrong direction is wrong and actionable agains the doctor on its own.

Unfortunately, for many seriously injured people in Atlanta and other parts of Georgia, this is no game. It is a sad reality that must be protected against at all costs. If you are seriously injured in a automobile accident, trucking accident, or on the job, if your injuries are serious enough to file a lawsuit, the insurance companies will probably ask for an “IME.” Then, most insurance companies insist that the IME be conducted by the doctor of their choice. Many times, the insurance company will simply send the medical records to one of the doctors on their payroll, who will review hundreds of cases every year for the insurance company. Not surprisingly, most, if not all, of the IME’s by these doctors conclude that the injured party is either (1) not injured; or (2) injured, but the injury was not caused by the negligent act upon which the lawsuit was filed. Because of this, we almost never voluntarily submit to such an IME.