Atlanta Injury Lawyer Blog

Hand-Held Cell Phone Use by Tractor Trailer and Big Truck Drivers Banned

Sat, 31 Dec 2011 09:40:34 -0500

The U.S. Department of Transportation and Federal Motor Carrier Safety Administration (FMCSA) recently announced the finalization of a rule which bans interstate truck drivers from using hand-held cell phones while driving their commercial vehicles. The purpose of this rule is to minimize distracted driving by people operating vehicles which often weigh 50,000 pounds and, as a result, are extremely dangerous to the motoring public. Hopefully, the rule will save lives by ensuring that tractor-trailer drivers are focused on the road and not dialing a telephone.

The recently-announced rule prohibits CDL drivers from using a hand-held phone while driving a commercial truck (ie, big truck over 10,000 pounds, tractor-trailer, bus). Drivers who are caught breaking this rule may be fined over $2,500 for each infraction. Multiple offenses may result in suspension of driving privileges. Additionally, states will suspend a driver's commercial driver's license (CDL) after two or more serious traffic violations. Truck companies that permit drivers to use hand-held cell phones while driving may face a fine of $11,000. Estimates are that more than 4,000,000 commercial drivers will be governed by this rule.

There have been countless interesting studies performed on driver distraction and safety. Included within these studies are scientific findings pertaining to distraction while speaking on the phone, while reaching for a cell phone, etc. While driver distraction studies have resulted in varied results. However, FMCSA research shows that using a hand-held cell phone while driving often requires a CDL driver to take risky steps to make a phone call. Such steps go above and beyond what is required for using a cell phone hands-free. The acts of searching and reaching for the phone are extremely dangerous and require the driver to take his eyes off of the road. Commercial drivers reaching for a phone are three times more likely to be involved in a crash than one not so distracted. Amazingly, dialing the numbers on the phone makes it six times more likely that a crash will occur.

In September 2010, the FMCSA issued a rule banning text messaging while operating a commercial vehicle like a tractor-trailer or big truck. This related rule, banning the use of hand-held cell phones, is another step in the right direction--protecting Atlanta and the rest of Georgia from distracted truck drivers.

Our Atlanta, Georgia law firm has represented many people who have been seriously injured in accidents involving distracted driving. We see this alll-too-common situation in both private auto and commercial vehicle wrecks.

Federal Accident Experts Call For Ban On Cell Phone Use While Driving

Tue, 13 Dec 2011 13:50:36 -0500

As a car and truck wreck lawyer in Atlanta, I have been waiting for the day when some federal agency or committee stepped forward to call for a total, nationwide ban on cell phone use while driving. That day has come. The NTSB has stepped forward and, in the most far-reaching recommendation ever set forth by such a significant agency, has called for a ban on non-emergency cell phone calls and text messages for all vehicles on the road.

Before you write an e-mail or letter to your congressman, note that the proposed ban does not apply to hands-free devices or passengers. While we are all guilty of talking on the phone too much in the car, ask yourself, "does that make it right?". Study after study has shown that talking on a cell phone is tantamount to drunk driving and the similarities with respect to perception time and stopping distances are striking. No one is arguing that those who talk on cell phones while driving are guilty of the same level of conduct as those who drink and drive. However, one cannot dispute the objective, scientific evidence that cell phones are a very, very dangerous distraction.

Our Dekalb and Fulton County based law firm has represented numerous people who have been very seriously hurt after being hit, either as pedestrians or while driving, by motorists who were on cell phones. The issues is serious enough that the CDC has published an entire section on distracted driving in their "Injury Prevention & Control" section.

Falls and Injuries At Atlanta, Georgia Area Nursing Homes

Mon, 21 Nov 2011 08:41:18 -0500

As a Georgia lawyer who has represented numerous seriously injured elderly people in the Atlanta area, there is one cause of injury that continues to bother me--falls in nursing homes. There are some injuries and illnesses which are difficult to prevent; however, nursing home falls are not among them. The sad truth is that most skilled nursing facilities (a/k/a nursing homes and long-term care facilities) fail to use to proper methods to prevent--or at least minimize the risk--that elderly and infirm residents will suffer falls.

First, why do nursing home residents fall? Many reasons. Most nursing home residents are elderly and, unfortunately, with age often come physical infirmities like loss of vision, hip problems, confusion, dementia, muscle atrophy, etc. All of these conditions can, and usually do, play a role in causing a nursing home resident to fall. Consider the risk when two or more of these conditions are present....the risk of falling goes up substantially. What many nursing home corporate types want you to believe is that a nursing home resident has "a right to fall." What does that mean? In order to save costs by cutting down on staff, nursing homes have recently developed this notion of "restraint-free" care. Well, that sounds nice. After all, who likes to be restrained? Unfortunately for the nursing homes, the situation is a bit more complicated. While it is true that most people prefer not to be restrained, studies show that most people also like to be alive....this bit of levity is intended to prove a point. If a nursing home resident is at risk for falling, there are many interventions which can be taken that are far less invasive than strapping granddad down to his bed.

Velcro self-release straps are now widely available and widely used. These are essentially seat belts for wheelchairs. These devices prevent, or at least significantly reduce the risk, that a resident will fall out of her wheelchair. There are also cushions or "wedges" that can be placed under the resident while he is seated in a wheelchair, thus providing some traction and reducing his ability to wiggle out of the chair. These seem like reasonable measures. After all, did you wear a seatbelt the last time you were in a car? Was that a horrible restraint? Nursing homes which are more focused upon profit than patient care often bemoan these safety devices, yet studies show that they work well.

Finally, what about good old fashion supervision? I have handled a number of cases where a resident fell from his or her wheelchair or bed and was left languishing on the floor for quite a while, despite suffering serious injuries. How? The resident wasn't being watched. There is no surprise that the widespread use of smart phones has seen a seemingly rapid and widespread decline in nursing home resident supervision. After all, it is more fun to play Angry Birds than watch over a needy patient.

Nursing home falls result in serious injuries and death. Minimum restraints and adequate supervision can serve to reduce or even eliminate falls at Atlanta, Georgia nursing homes.

Georgia Court Issues Opinion on Distracted Driving and Personal Injury

Fri, 21 Oct 2011 10:28:48 -0500

As an Atlanta-based car and truck wreck lawyer in Atlanta and Dekalb County, I have represented many people who have been seriously injured by drivers who were distracted, primarily while talking on a cell phone. Until recently, there was little, or no, guidance for Georgia appellate courts on the issue of distracted driving and punitive damages. However, the Georgia Court of Appeals recently issued an important ruling, which touches upon distracted driving, cell phone use, and personal injuries as a result of another driver's decision to talk on the phone while driving. The case is Lindsey v. Clinch County Glass Inc., No. A11A1313.

In Clinch County Glass, the Lindseys filed a lawsuit over a collision caused by a driver distracted while driving--specifically, he was talking on a cell phone just before the wreck and his use of a cell phone actually caused the collision. This case is generally thought to be the first Georgia appellate decision on the issue of whether punitive damages in a car wreck case can be based solely upon cellphone use prior to the wreck. While the Court answered "no" in this particular case, the opinion does not seem to stand for the notion that cell phone use/distracted driving can never be the basis for a punitive damages claim in a personal injury action in Georgia. The Court of Appeals said that Georgia law allows "proper use" of a cellphone while driving. However, Georgia generally prohibits text messaging while driving.

In the Clinch County Glass case, the defendant (owner of the company) spent so much time in his work truck that he actually mounted a desk in the vehicle and had a cellphone on the desk. This set-up would, apparently, allow him to talk hands free. The defendant driver admitted to the officer at the scene of the wreck that he was looking at his phone at the time of the collision. Yet, the Court of Appeals said that it would require "a pattern or policy of dangerous driving, such as excessive speeding or driving while intoxicated, but not ... simply violat[ion] of a rule of the road" to have the jury consider a punitive damage claim.

The Court found that "although [the defendant] admitted that he was not paying attention because he was distracted by looking up a number and thus was not exercising due care at the time of the accident, mere negligence, even gross negligence, is not enough to support a claim of punitive damages; there must be clear and convincing evidence of a pattern or policy of dangerous driving. ..." I wonder whether this sort of ruling goes far enough to protect Georgia drivers and pedestrians?

Many people talk on their phone while driving. It seems that a safe, hand-free policy would be best and certainly much study would need to be done before anyone could, or should, push for a total ban on talking on the phone while driving. However, the law needs to catch-up with reality inasmuch as even without a "pattern or practice" of dangerous use of a cell phone, there are some instances where distracted driving should be able to serve as the basis for punitive damages in Georgia.

What Is The Process For A Car or Truck Accident Case In Georgia?

Fri, 14 Oct 2011 06:44:34 -0500

Many clients who come into our office are concerned about, or at least curious about, the process of making a claim or filing a lawsuit. TV shows and movies often paint inaccurate pictures about the civil litigation process. First, when you meet with an Atlanta injury lawyer, he or she should analyze with you whether or not you have a claim worth pursuing. Specifically, if a jury is not likely to award enough for you to pay your medical bills, pay your lawyer, and have some money left over, you have to ask yourself whether the injury claim should be pursued.

Our law firm, practicing around the counties of Dekalb, Fulton, and Clayton focuses upon serious injury and wrongful death cases in Georgia and, therefore, almost all of our clients have claims which should be pursued. The analysis then shifts to exactly how to make the proper claim and what to do if the insurance company doesn't offer a fair settlement after a car or truck wreck.

In most cases, it makes sense to make a pre-lawsuit demand. Why? Unless the statute of limitations is about to expire, there is usually plenty of time to get a lawsuit filed. Accordingly, with certain exceptions, most people prefer to see if their claim can be resolved without litigation. Our office secures the relevant insurance policies, wreck reports, medical records, and any other necessary evidence. If we believe that there is a reasonable insurance adjuster on the other side, we will submit a demand package, setting forth our side of the case and making a monetary demand. Occasionally, based upon experience with a particular insurance company or adjuster, we may feel that it is necessary to file a lawsuit and not waste time negotiating with people we don't perceive to be reasonable.

If both sides reach a monetary agreement during the pre-suit negotiation process, of course, the claim settles and there is no lawsuit. If the each side of the injury claim cannot see eye to eye on case value, the lawsuit is filed. For many clients, the injury lawsuit process is a somewhat confusing process. The client is the injured party; yet, he or she really does not have to do a lot during the lawsuit. Why? Generally, the only formal appearance a client makes during a case (before trial) is at his or her deposition (where the client is asked questions under oath by the opposing attorney). Most of the work during an injury lawsuit goes on behind the scenes. Meeting with doctors, talking to eyewitnesses, creating a strategy for trial, etc. are lawyer tasks. Of course, the client is kept up to date by the lawyer and, where appropriate, the lawyer seeks his client's input; however, many clients are (pleasantly) surprised with how little they actually have to do once a lawsuit is filed.

If you have been in a serious car or truck wreck, the best practice is to promptly contact an atlanta injury attorney. The earlier you get someone working on your behalf, the better.

Degenerative Disc Disease and Back Injury After Car and Truck Wrecks

Fri, 16 Sep 2011 09:14:25 -0500

As an injury lawyer in Atlanta, Georgia, I have represented countless clients who have suffered significant back injuries during car and truck wrecks. More often than not, my clients over the age of 30 have some "degenerative disc disease" or "DDD".

Insurance companies love, absolutely love, to point to DDD as a reason to deny or minimize claims. The argument goes something like this.... "Your client was found to have degenerative disc disease more than 3 years before this wreck, so we shouldn't have to compensate her for the back injuries in this case...they were already there." I used to get frustrated by this sort of argument until I realized that even the insurance adjusters (most of them) don't actually believe this; it is just a negotiation tactic.
Any credible orthopedic surgeon will openly acknowledge that many, if not most, people over the age of 30 or so have some sort of DDD. Degenerative disc disease is part of the normal aging process of the back. DDD is not actually a disease but a reference used to describe normal, expected changes in spinal discs due to the aging process. Spinal discs are soft discs that separate the vertebrae and combine to make the spine. Degenerative disc disease can be seen all over the spine; however, DDD usually occurs in the discs in the lower back and the neck, the areas which "move" the most. What happens is usually a loss of fluid in the discs, making the disc less of a "pad" between vertebrae. While almost everyone is prone to DDD, people who are markedly overweight, smoke, and/or do heavy lifting/labor are more prone to develop the condition.

How does this affect an injury claim or personal injury lawsuit after a car or truck wreck? Insurance companies know that they can usually point to DDD as a "pre-existing condition" in an injured person's back. However, the truth is that a strong majority of people with DDD don't experience any, or only very little, pain as a result of the natural aging process in the back. After a serious car or truck accident, the trauma to the spine, which occurs during the collision, causes additional injury, thus rendering the person symptomatic In plain English--you were fine before the wreck, even with your DDD. The force of the collision pushed your back over the edge, causing substantial pain. For example, prior to the wreck, the person had occasional neck pain. After the wreck, the pain increased, and now a cervical discectomy and fusion is required.

Back injuries are extremely common during auto and truck collision. Even low impact collisions can result in serious injuries (numerous studies have proven this to be true). For example, on study showed that with sudden changes in vehicle speed of less than 5 miles per hour, almost 30% of occupants experienced symptoms of neck or back injury, while a change in speed of over 5 miles per hour resulted in injury to almost 40% of people.

Car bumpers are designed to handle a 5 miles per hour crash with little or no damage. Note that while the government sets this standard, the bumper is designed to prevent damage to the back of the car and not intended to protect the occupants of the car. Often, vehicle damage can be seen in collisions less than 10 miles per hour. If metal is bending at that speed, what do you think is happening to someone's back?

IV Infiltration Injuries Are Becoming More Frequent In Atlanta, Georgia Area Hospitals

Mon, 29 Aug 2011 07:04:01 -0500

As an IV infiltration injury attorney in Atlanta, I have represented people who have been burned and suffered permanent disfigurement as a result of IV infiltration injuries. Not surprisingly, many patients have IVs placed during hospital stays. Intravenous needles deliver all sorts of medications and are, without question, a vital part of modern healthcare delivery. However, IV needles are prone to infiltrate and cause damage to patients if they are inserted incorrectly or not properly monitored.

The Infusion Nursing Standards of Practice (INS) define infiltration as "the inadvertent administration of nonvesicant medication or fluid into the surrounding tissue instead of into the intended vascular pathway." What does that mean in plain English? The IV system malfunctions, allowing the medication (which is supposed to go into the veins) to spill out into areas where it shouldn't be. (By the way, "vesicant" agents are those with irritants which can cause tissue necrosis and other damage when the agent (fluid) escapes from the intended path into surrounding tissue.). A vesicant agent can cause injury when it escapes from the vascular structure where it is supposed to be and invades the surrounding tissue. As you would probably guess, "non-vesicant" agents do not have such irritants. The INS Standards classify extravasation as "the inadvertent administration of vesicant medication or fluid into the surrounding tissue instead of into the intended vascular pathway."

How does the IV infiltrate or allow for extravasation? Sometimes the catheter is not properly placed into the patient's vein; there may be damage to the vein at, or near, the insertion site; or, the patient may accidentally pull or tug at the IV, resulting in a dislodging of the catheter. Of course, there are many other ways the catheter may become dislodged.

IV infiltration injuries are commonplace in hospitals and other healthcare settings. Unfortunately, too often, the infiltrate goes unrecognized for too long, resulting in serious injury to many patients. IV infiltrations are serious matters, and can be very harmful to everyone; however, children are uniquely affected by IV infiltrates because they are often unable to speak for themselves or convey to a healthcare provider that something is wrong. Pedatric wings in hospitals have policies that are designed to minimize the chance that an IV will infiltrate, but nurses are frequently busy and over-worked, resulting in failure to follow such guidelines. IV sites should be assessed at least hourly and there should be documentation of that assessment. Another safeguard which is available is specialized IV equipment which restricts fluid flow to a preset volume.

IV infiltrates are commonly diagnosed when nurses find: the patient has discomfort at the insertion site; edema (swelling) at the site where the IV was placed; skin which appears "stretched"; blanching or coolness of the skin; slowing or stopping of the IV infusion; leaking of fluid out of the IV site. IV infiltrate injuries may result in burns, nerve damage, tissue sloughing, pain, scarring, and a host of other undesirable effects.

Gas Station Attacks and Hotel Shootings On The Rise in Atlanta

Mon, 15 Aug 2011 08:22:01 -0500

Within the last few months, the local news in the metropolitan Atlanta area has detailed some tragic stories about shootings at gas stations, hotels, and motels. Unfortunately, many businesses in high crime areas continue to fail to adequately protect their customers. This failure to secure their premises results in repeated, and predictable, attacks on those carrying on business at their service station or those spending time at their hotels or motels. As a lawyer who has handled apartment, gas station, and hotel shooting and attack cases, I have seen the best and worst with respect to the way business owners protect (or fail to protect) their property and customers. One of our success stories is detailed below.

My client left work after midnight and stopped by the Shell Station on Fulton Industrial Blvd. (4160 Fulton Industrial). He went in the store and purchased a Gatorade and then returned to his truck. As he got to his truck, he was approached by a man who put a gun to his chest and demanded his wallet. My client (Henry) gave up his wallet and then the assailant re-directed the gun at his chest. Fearing he would be shot, Henry attempted to push the gun away from his chest. The attacker fired a bullet through Henry's hand and then fled. Fortunately, someone witnessed the shooting. Henry ran inside and pleaded with the gas station attendant (who was behind bullet proof glass) to call 911. The gas station attendant ignored him until the witness came in and told the attendant what happened. EMS was summoned and Henry was rushed to the hospital.

Henry had to undergo multiple surgeries to repair the damage done by the gunshot wound to his hand. He developed profound Post-Traumatic Stress Disorder as a result of being shot and treated with a psychiatrist for quite some time.

I sent a pre-suit demand to the management company of the gas station and their insurer offered $50,000 to settle the case. Of course, we rejected that offer. I put the case in suit and began discovery. During discovery, I uncovered an absolutely shocking number of prior crimes at this location. Many robberies, muggings, shootings of patrons, cocaine busts, etc. I also learned that the station has absolutely no security (ever), the only cameras are inside the building and they monitor the cash register and gambling machines.

During depositions, the gas station owners / employees denied knowledge of prior criminal activity, until they were actually confronted with newspaper articles where they were quoted saying how dangerous the place had become. Also, two of the gas station employees were attacked themselves. I asked the gas station owner on deposition why he didn't close the store during the after-midnight hours, when most of the muggings and shootings were occurring. He said he couldn't do that because "everyone who hangs around the store would break in."

My client's medical bills and lost wages totaled around $100,000. We were able to settle the case for near seven figures as a result of our investigation into the gas station. Soon after our case settled, we learned that someone was else shot in the head at the same gas station. It appears that this gas station continues to allow criminals open access to their customers.

Only after business are made to see (through their wallets) that they need to take reasonable steps to protect their customers, does it seem that any real change will come.

New Georgia Law Revises Assisted Living Standards

Sun, 07 Aug 2011 08:24:45 -0500

As Georgians struggle to find suitable facilities for aging family members, many recognize that sometimes neither nursing homes nor assisted living facilities provide just the right fit. Nursing homes can, or should, provide a high level of hands-on nursing care for usually elderly and incapacitated residents. Nursing homes are empowered by Georgia law to provide medication and significant nursing care to residents. By contrast, until recently, assisted living facilities were more like boarding houses. Assisted living facilities have historically provided very little, if any, medical care to their residents and were generally viewed as a place more appropriate for seniors who needed little supervision in their activities of daily living.

Assisted living is generally considered to be the preferred living arrangement. ALFs are usually more appealing to both residents and their loved ones. These facilities offer a more home-like environment with apartment-esque rooms that often resemble a studio apartment or large hotel room. Residents of ALF have a lot of independence, and they receive the support and service they need. Assisted living facilities are designed to provide those who live there with assistance with activities of daily living (eating, showering, etc). Some states also allow staff at assisted living homes to provide medication assistance and/or reminders. (Until recently, Georgia was not among those states).

A nursing home is a facility for elderly individuals who are not appropriate candidates for a hospital but who have needs that can usually not be met in a private home setting. Most nursing homes have aides, LPNs, and RNs on staff throughout the day. The staff of the nursing home provides medical services and, if appropriate, therapy. Usually, there is a nurses' station situated either on each floor or placed such that the nurses can watch over a certain number of rooms. Some nursing homes have special rooms or section for people with serious mental issues. These units entail closer monitoring and, if necessary, various types of physical restraint.

As a lawyer in Atlanta who handles long-term care cases, I have seen first hand why selecting the right facility can be an extremely important decision.

The Georgia legislature passed, and the Governor signed, a new law that will help enable seniors enjoy better, and more significant, support in assisted living facilities and, under the right circumstances, avoid needless moves to nursing homes. Similar laws have already been passed in Oregon, Maryland, and North Carolina. This new law has been popular across the long-term care community and received praise from the Assisted Living Federation of America. (ALFA).

The new regulations created an ALF licensure category for facilities with a resident capacity level of 25 or more. Most of these new ALF rules will be effective in 2012. The law will expand the types of services ALF residents may receive. For example, medication administration by specially trained staff and assistance for residents who have mobility problems will now be allowed under certain circumstances. Also, more non-ambulatory residents will be allowed to continued to reside at assisted living facilities rather than being forced out and transferred to nursing homes.

Where to File A Trucking Accident Case in Georgia

Sat, 23 Jul 2011 11:04:01 -0500

Many victims of trucking wrecks do understand that where a case is filed matters. People who suffer serious injuries during a trucking wreck are understandably focused upon healing and then find a trucking lawyer who can assist them with their case. As a trucking injury lawyer practicing in Fulton and Dekalb County, Atlanta, Georgia, I have seen first hand how the county (otherwise known as the venue) where a case is filed may dramatically affect the case. How?

Counties, like states, differ in terms of the socio-economic make-up of their residents. There are "red" and "blue" states and counties. Typically, conservative counties award less money than so-called liberal counties. Importantly, however, you cannot simply choose whichever county you want. The Georgia Constitution and subsequently-enacted statutes mandate where a citizen can file any lawsuit, including a personal injury action.

Generally speaking, residents of Georgia must be sued "where they reside." Importantly, many lawyers do not know that trucking companies are frequently subject to being sued in the county where the accident happened. If the trucking company is an intra or inter-state motor common carrier, they are subject to suit in the county where their driver caused the wreck. Note that, for example, a Home Depot truck carrying supplies from one Home Depot to another would not fall within this statute because that truck would not qualify as a common carrier in that instance.

Clients are frequently surprised by the analysis that must go into the decision regarding where to file a lawsuit. There are numerous considerations, including but not limited to: is the defendant driver/trucking company well-known and/or well-liked within the county; how long has the plaintiff lived in the county; how quickly can the plaintiff expect to get her case to trial; are the juries in the venue known to be reasonable with monetary awards; etc.

Delayed Back Pain After Wrecks

Sat, 09 Jul 2011 15:06:23 -0500

As a tractor-trailer injury lawyer in Atlanta, I have represented many clients who have suffered significant back injuries, sometimes requiring surgery, after collisions caused by negligent truck drivers. All too often, a day or week after the wreck, the client seems to feel ok. However, within a month or so, the client describes radiating back pain, often with numbness, tingling, and other similar symptoms.

Not surprisingly, insurance companies like to take the position that any injury which was not immediately present at the wreck scene isn't related to the wreck. In the "real world" we know that this position is absurd. Orthopedic surgeons frequently see delayed back pain after car and truck wrecks. The best practice is to seek treatment as soon as symptoms present and don't assume that the injuries are not related to the wreck just because they present a week or month after the initial collision.

Another common occurence after a significant collision is for a pre-existing asymptomatic (meaning NOT symptomatic) condition to become symptomatic. I have seen this very frequently in my representation of tractor-trailer accident victims. What does this mean? Most people over 40 years of age have some sort of degenerative condition in their back. Fortunately, for most people, the mere presence of a degenerative disc or discs in their back does not cause an issue. However, after a traumatic event like a car or truck crash, many people become symptomatic or, in other words, the previously "silent" condition becomes a problem. Georgia law allows for monetary recovery for many types of damages, including the worsening of a pre-existing condition.

Dekalb County Civil Lawsuits and Worker's Compensation

Thu, 30 Jun 2011 08:18:06 -0500

As an Atlanta, Georgia injury lawyer, my office receives many calls from potential clients who have been injured at work. People are often confused about what remedies they have when they are injured while on the job. As is so often the case in the law the answer is "it depends." The question is whether a claim must be brought within the civil justice/tort system or under the Georgia worker's compensation system. What's the difference?

The civil justice/tort system is what people generally think of when they hear "A sued B." An example - A tractor-trailer rear-ends a couple in a Honda on I-75 in Atlanta. The couple is injured and brings a lawsuit against the negligent truck driver and company. This example is your standard lawsuit filed within the civil justice system.

Georgia worker's compensation is totally different. An example - John Smith is severely injured at his job when a machine malfunctions and severs his arm. Can John sue his employer for negligence? No. (The answer is almost always no--there are a few very minor exceptions.). John must rely upon Georgia's worker's compensation system.

This is essentially a quid pro quo between employers and employees. What the employees "get" is a no-fault system where they can recover money after workplace injuries even if the worker did something wrong. What the employer "gets" is a system where they have to pay much less than they would in a regular lawsuit. Not surprisingly, the system generally favors the employer and the injured employee usually needs the help of a skilled worker's comp lawyer.

One other common scenario arises. Suppose John is driving his company car and he is t-boned by a truck, causing severe injury. John can still sue the at-fault truck driver in a regular (non-worker's comp) lawsuit. In other words, just because John is "on the job" as long as someone not affiliated with his company causes him injury he can still sue in tort.

Atlanta Area DayCare Injuries On The Rise

Mon, 20 Jun 2011 08:59:06 -0500

As an Atlanta attorney who has handled numerous cases against child care and daycare centers, I am disturbed by the number of injuries to children at daycare facilities in Georgia. Recently, a child died at Marlo's Magnificant Early Learning Center, a facility in Clayton County, after she was left in a van after a field trip. Temperatures approached the mid-90's on the day of the child's death.

This child's death follows the death of a five month old in Kennesaw, Georgia in May 2011. The infant was left in a car outside the facility.

Bright from the Start, part of Georgia's Department of Early Learning and Care, is the agency which monitors and sanctions daycare facilities in Georgia. This agency keeps records of inspections on facilities in Georgia and is vested with the authority to discipline wayward child care businesses.

Delayed Pain After Truck Accidents

Sun, 19 Jun 2011 09:23:30 -0500

As an injury attorney practicing in Georgia, I have represented a number of clients who have been injured in car and truck accidents. Some people experience immediate and obvious injuries at the scene of the wreck. Others suffer pain for quite some time before seeking out treatment. Not surprisingly, insurance adjusters typically argue that any delay in treatment shows that the accident and injuries were "not that serious." Inevitably, the insurance companies try to paint the injured accident victim as someone who is out for money only and trying to "milk" the accident.

I have seen two primary "delayed" injuries. First, people who suffer broken ribs in car and truck wrecks often do not know that their ribs are broken until xrays are taken. Estimates are that 10% of patients admitted to the hospital after blunt force trauma (for example, an accident victim's chest impacting the steering wheel) suffer a fracture of one or more ribs. In today's day of cost-saving medicine, physicians are sometimes reluctant to order xrays of trauma victims. The failure to "look inside" via chest xray sometimes results in rib fractures going undiagnosed until the patient follows up for subsequent symptoms.

Another "delayed injury" we often see in serious car and truck accidents is bleeding in the brain. A brain bleed may present in many fashions, including subdural hematoma, subarachnoid hemorrhage, among others. Sometimes, the brain injury and bleed presents immediately at the accident scene. However, frequently, the bleed is delayed. This situation can be dangerous where a car wreck victim present to an emergency room after an accident and undergoes a CT scan which is interpreted as clear. Then, confusion or a headache occurs later in the day. These symptoms are a tell-tale sign of a brain bleed and injury.

Tort Reform and Squash

Sun, 05 Jun 2011 15:10:41 -0500

I don't like squash. I never have and never will. It is one of the absolute truths of my life. Squash, and its evil twin Broccoli, are not welcome in my home. Never have been, never will be. Nothing anyone can say or do (or cook) can change my mind. Some people feel (or felt) that way about lawsuits. One lady received a lot of money for spilling coffee on herself and suddenly the entire nation begins living by the absolute "truth" that lawsuits---all lawsuits--are evil like squash. (By the way, if you really want to know what happened in the McDonald's hot coffee case--I mean really want to know the true facts and not the media half-version, check out "Hot Coffee The Movie.")

Now, maybe lawsuits are like squash for you. Maybe no matter how egregious the wrong done, you don't think lawsuits have any place in our society. There are some folks who think dueling/pistols at dawn is how we should still solve disputes between citizens; however, for those open-minded enough to consider all the facts, I urge you to think carefully and avoid sound-bites when discussing the propriety of some lawsuits.

As an injury lawyer in Atlanta, I cannot tell you how many times people have come into my office and said "Andy, now I am not one to file a lawsuit, but let me tell you what happened to me....." Well, if it is ok for you to file a meritorious lawsuit, I would suggest that it is ok for your neighbor (and their neighbor) to do so. I have represented families injured by drunk drivers, people catastrophically injured by tractor-trailer drivers violating federal driving regulations, nursing home residents killed by horribly negligent nursing home staff, and so on. Never, not once, in my career have I filed a "frivolous lawsuit." For some people "frivolous lawsuit" equates to a lawsuit they didn't file. Are there lawsuits which should not be filed? Of course. But, before we get government in our lives, overreacting to the sentiment that there are "too many lawsuits" perhaps we should consider what will happen if the civil justice system goes away. Next time someone tells you that there are more lawsuits filed now than in 1920 ask them: how has the population changed? (If we have twice as many people, doesn't it stand to reason that there will be more lawsuits?).

Look, lawyers are easy targets. Politicians can blame lawyers for all the evils in society. At the end of the day, I hope some of the pro tort-reform folks ask themselves: what would I do if it were my child?