Articles Posted in Personal Injury

by

When used improperly, a trampoline can be a very dangerous devise. The possibility of danger increases when there is no supervision while a trampoline is in use. The dangers of trampolines apply to personal use trampolines as well as commercial use at a recreation center.

When a person has been injured in a trampoline accident, the injured party generally has three causes of action to use to file a claim for compensation:

  • Defective Design. This claim is usually used when the product itself was defective and the injury was a direct result of that defect.
  • Premises Liability. This form of liability is when the owner of the trampoline, either private or business owned, does not provide sufficient protection to the users of the device.
  • Breach of Duty to Warn. Breach of duty is translated as the owner of the equipment fails to provide safety information to the people that are using the trampoline so that it may be used correctly.

 

Depending on the individual case, there may be different or additional causes of action available to the Plaintiff. If you or your child has been injured in a trampoline accident, on your personal property or that of a business, you may be entitled to compensation for your injuries.  Consult a trampoline injury lawyer to have your case evaluated.  A defective trampoline attorney will review the events leading up to and including the injury to determine where the negligence occurred.  At that time, the trampoline accident attorney will aggressively represent your trampoline injury claim.

What You Should Know About Using A Trampoline At A Gym Or Recreation Facility

When a facility offers a trampoline as a form of entertainment, there are specific rules that must be followed, which include:

Use of the trampoline must be limited in a manner so that proper supervision may occur.  This may entail limiting the number of people using the trampoline at any one time, or limiting the time that a patron can use the device.

Person in charge of supervising the activities must be properly trained in monitoring or spotting and safety measures.

Spotters must be present at all times when trampoline is in use.  A spotter or monitor must be present on all four sides of the trampoline, and each must have appropriate safety training.

Children six years of age or younger are not allowed to use the equipment, regardless of any spotters or safety personnel present.

In addition, specific rules apply to trampoline equipment that include:

  • All exposed areas of the trampoline must be covered properly.
  • It is the responsibility of the owner to inspect the equipment for tears and other defects.
  • Children that use the equipment must be placed in the middle of the trampoline when in use and should be discouraged from performing any tricks or stunts that are beyond their capabilities.

 

If any of these events have not occurred when you or your child have used a trampoline at a business, you may be entitled to a claim.  Please consult with a trampoline injury lawyer to review your case.

Common Trampoline Injuries

The most common forms of injuries that occur with trampolines include:

  • Fractured or broken bones.
  • Facial lacerations which may lead to permanent scaring or disfigurement.
  • Injuries to the spinal cord.
  • Traumatic brain injuries.
  • Head injuries, including but not limited to, concussion.
  • Internal bleeding.
  • Eye injuries that result in loss of vision.
  • Broken nose
  • Broken or knocked out teeth.

 

When a person is injured in a trampoline accident, liability for the injury can fall under many categories, including but not limited to:

  • Negligence.
  • Warranty Breach – Either Express or Implied.
  • Strict Liability – Under Defective Product Liability.

 

Manufacturers, wholesalers and retailers can all be held responsible for liability of a product in some cases. Your trampoline accident attorney will review the chain of responsibility to determine if additional parties need to be named in the suit. Defective product cases may include several different theories, including failure to warn before use, and negligent design. Your defective trampoline attorney will determine which cause of action best meets the requirements of your case.

How We Can Help

Medical bills can be costly and, at times, overwhelming.  If you or your child has been injured from using a trampoline, you may have the right to receive compensation to cover these and other expenses.Our firm gladly represents those who have been injured in a trampoline, or other type of accident.  Please feel free to contact us for a free case evaluation today.

by

Securing Compensation for Bus Related Injuries

While many passengers see bus transportation as a safe alternative to cars, the fact is that many bus accidents occur every year, and 15 out of every 19 accidents are due to avoidable error on the part of the bus driver. In other cases, bus accidents may be due to improper maintenance, the lack of seat belts, or mechanical failures to systems such as the brake system.Unfortunately, due to the common lack of seat belts or other restraints, bus accidents are actually more likely to produce traumatic injuries, especially to the head and brain, than accidents involving passenger vehicles. For this reason, bus accidents have a higher rate of passenger fatalities than other forms of vehicular accidents and can require the services of a skilled Atlanta bus injury attorney.

Types of Bus related Transportation and Bus Accidents

The most common types of bus related transportation include tour buses, charter buses, and for children, school buses. All of these methods have been involved in severe accidents that have resulted in both injury and death to their passengers. Other examples of buses that are prone to accidents are the smaller vans used for commuter lines and airport shuttles.In many cases, these buses are active during rush hour or other peak traffic periods, increasing the risk to their passengers. In most cases, the cause of a tour bus accident is the failure of the driver to adequately react to changing conditions. Additionally, when the accident occurs, many of the passengers are sleeping, standing or otherwise unprepared for the collision. Since bus passengers are not required to wear seatbelts, they can be thrown from their seats, striking walls or other passengers, drastically increasing the chance of serious injury. In other cases, luggage or other unsecured cargo will fly around the passenger compartment, causing severe injury or death.

 School buses and Vehicular Accidents

Unfortunately, school buses are especially prone to serious accidents. Because students are not required to be secured by either seatbelts or child seats, the potential for injury is very high should an accident occur. In addition, school bus drivers are often distracted and as a result, can become involved in serious accidents.
In addition to accidents occurring during the transport of students to the school, traffic accidents can occur during any of these other activities:• School field trips.
• High School sporting events.
• After School Activity Events.

In many cases, schools will hire charter bus companies rather than use their own buses, which may expose students to the risk of drivers who are not fully experienced with driving in the area. This fact, combined with long distance sporting or school event trips, has often resulted in tragic and avoidable school bus accidents.

Charter and Inter-City Transport Accidents

Many accidents occur while utilizing charter buses or inter-city bus transport lines. In fact, over 1,000 people are injured every year while utilizing these services. As with school buses, the lack of seat belts and unsecured cargo can result in severe injury to the passengers.Finally, as with school buses, in many cases the drivers of charter buses are either tired or distracted and unable to dedicate their full attention to ensuring that they are driving in a safe manner. This can be especially true when drivers are expected to drive for long periods with little in the way of rest breaks. Because of this, nighttime bus accidents are especially likely to result in severe injuries to passengers.

What to do After a Bus Accident

A bus related accident is always a traumatic event, but it is important to obtain effective and knowledgeable legal assistance immediately.  A victim of a bus related accident should never sign any documents or come to any agreement with the representatives of the bus company until he or she has had time to confer with a qualified Atlanta bus accident attorney.Effective legal representation will allow the victim to ensure that all of his or her rights are fully protected and the maximum possible compensation is arrived at. The Angell Law Firm’s skilled attorneys will be able to effectively evaluate the following factors:

• The at-fault party in the bus accident.
• The nature and severity of the client’s injuries.
• If the victim was killed in the accident, the nature and amount of damages that will be due to his or her next of kin.
• The best legal strategy to use to obtain the maximum possible compensation for the victim and his or her family.

By securing the assistance of a skilled Atlanta bus injury attorney the client can be put at ease, knowing that they are no longer alone in attempting to obtain the compensation deserved for their injuries, pain and suffering. In many cases, the bus company will be liable not simply for the medical expenses of the victims, but also for lost wages due to the injury, compensation for the victim’s pain and suffering, and in some cases, punitive damages.

Winning Without Entering the Courtroom

Furthermore, a skilled Atlanta bus accident lawyer at the Angell Law Firm may be able to obtain a settlement without ever having to subject the victim to entering the courtroom. In many cases, when confronted by a skilled and knowledgeable attorney, bus companies will be eager to come to an acceptable settlement. However, only a highly experienced Atlanta bus injury attorney will be able to effectively negotiate such a settlement while protecting the best interests of his or her client.

Resting Easy With the Angell Law Firm

By securing the services of one of our dedicated Atlanta bus accident attorneys, a victim of a bus accident, or the guardian of a child involved in a bus accident can rest easy. With extensive knowledge and experience in bus related personal injury cases, our lawyers can effectively represent the victim’s interests, while ensuring that the injured party is fully aware of their options at every step in the case.If you have been involved in a bus related accident, contact the Angell law firm at (770)217-4954 for an immediate consultation with an Atlanta bus accident lawyer. We offer a Free initial case evaluation to help you understand your rights.

Furthermore, our no fee promise ensures that if our law firm does not recover anything, you will not owe us anything. Remember that the bus company will certainly have their own lawyers, and for that reason, you need legal representation as well.

by

Since January 1, 2010, HB160 has been the law of the land, and especially the highways, in Georgia. This law is known as the Super Speeder law, and anyone who violates it is designated a Super Speeder, and is subject to a $200 fine. If you ask an Atlanta speeding accident lawyer, he or she will probably tell you that the Georgia Super Speeder Law is a good thing. Attorneys know that Georgia averages one death in which speeding was a factor every day. They will also tell you that the trauma care costs due to speeders are tremendous. Vehicle crashes account for 69 percent of the people admitted to trauma care hospitals. Fees collected from Super Speeders will help fund these hospitals. Hopefully, Super Speeder fees will also save lives by getting people to slow down.

The Consequences of Super Speeding

You should consult with a state official or an Atlanta speeding accident attorney if you need specific information, but in general the Super Speeder law applies to anyone caught speeding at over 75 miles per hour on any two-lane road, or 85 miles per hour anywhere. The Super Speeder fee is $200. This fee is paid to the Department of Driver Services (DDS). This is a state fee, and is in addition to any fines or other penalties imposed by the municipality in which the speeding occurred. This fee does not add points to your driver’s license.

Because this is a state fee, you will not be able to pay it when you go to court, or with other fines that you might get. Youatlanta super speeder law will be told by mail that you owe the fee. If you don’t pay it within 120 days of the notice’s date, your driver’s license will be suspended. You can pay your fee on the DDS website, at any DDS office or by mail.

Atlanta speeding accident lawyers are often asked how someone can get their license back once it has been suspended. You have to pay your fee, plus an additional $50 dollar reinstatement fee.

You may need to talk to an Atlanta speeding accident attorney is if you are an out-of-state driver and are caught speeding in violation of this law. This is especially true if you are involved in an accident. You will be liable for the fee just as  a Georgia driver would be. If you do not pay it on time, your Georgia driving privileges will be suspended and this violation will be reported to your state authorities.

Why Did Georgia Create The Super Speeder Law

The Super Speeder law is a response to known dangers of speeding. Atlanta speeding injury attorneys see the results of speeding every day. The faster you are going, the less time you have to react to a dangerous situation. Every ten miles per hour that you travel above 50 means a doubling of the potential crash force. Speeders that refuse to slow down, even after repeated warnings, are putting themselves, their passengers and other drivers at unnecessary risk.

Georgia is serious about speeding and the Super Speeder law proves that.  Atlanta speeding injury attorneys hope that the law will encourage drivers to slow down and save lives.

If you have been injured by a super speeder find out how it could help you in your case .  Call the Angell Law Firm for a FREE consultation at (770) 217-4954.

by

Its that time of the year again when more and more people are riding bicycles for health reasons and also due to ecological and economical reasons. Regardless of the reasons bicycles must share the road with cars and trucks.

There are 2 views about bicyclist usage of the roadway.  There are those who understand that the bicyclist has the right to be on the roadway, and there are others who resent the bicyclist and think they are in the way and slowing them down.  There are also different opinions between those using a bicycle for necessary transportation and those using the bicycle with a group of people for exercise.

Unfortunately, when a bicyclist is hit by a car, there are usually significant injuries involved, if not fatalities.  There was an article in the Atlanta Journal Constitution back in Oct. 2010 about a crash involving an SUV and a group of cyclists near Augusta.  This crash led to the opinions of people who use the road for exercise and others who use their bikes as a means of transportation.  Some people liken those who ride their bicycles for exercise to a “motorcycle gang.”

In the above accident, Daniel Johnson, 41, was driving his SUV when he ran into a group of recreational cyclists.  This accident injured 5 of the bicyclist, and sent one of them to the hospital with a brain injury, (Dr. Matthew Burke).  Dr. Burke, the cyclist with the most severe injury had survived a tour of duty in Iraq in 2009 and was an orthopedic surgeon.  He was tossed 40 feet ahead after being struck by the SUV, Dr. Burke was pronounced dead on February 6, 2011, after 128 days in a coma under life support.  Mr. Scott Moore was among the injured cyclists in this incident, and he stated that the group was riding 2 abreast at the roads edge, on a straight section of the two lane road when the accident occurred.  The driver of the vehicle pled guilty to felony manslaughter on October 12, 2011.

Due to the many accidents between motor vehicles and bicycles, on May 11, 2011, Governor Deal signed the 3-foot safe passing bill into law, also known as HB101, “The Better Bicycling Bill.”

HB101 makes lawful the sale and use of clipless pedals and recumbent-style bicycles, which are technically illegal under the old code.  Other changes include recognition of bicycles right-of-way in dedicated bike lanes, establishing minimum design guidelines for bicycle lanes and clarifying circumstances under which a cyclist may take the full travel lane due to unsafe conditions or obstructions.

Most significantly, however, a Senate amendment of the bill defines three feet as the minimum safe passing distance for motor vehicles overtaking cyclists.  With the adoption of this law, Georgia joins a growing number of states with safe passing distance laws.  Motor vehicles passing a cyclist too closely, known as “buzzing,” are a serious factor in causing bicycle crashes.

Bicycle accidents usually happen when a vehicle fails to yield the right of way to a bicyclist at an intersection, or sideswiping the bicyclist.  Often vehicles with turn directly in front of cyclist while pulling into or out of private driveways or parking lots. Sometimes these accidents are caused because the driver of the vehicle is looking for another vehicle and not a bicycle, pedestrian or even a motorcycle- so they don’t “see” them.  There are also the “usual” reasons for automobile accidents, such as the driver running a red light or stop sign, or driving while under the influence of alcohol or drugs, as well as inattention.

Many bicycle accidents are solo accidents involving a defect or some other hazard on the road or trail, or a defect in the manufacture of the bicycle, itself.  Because legal and accident forensics issues can be complex if you are involved in a bicycle accident and suffered more than very minor injuries, you should contact a competent attorney.

If you are injured in an accident between a bicycle and a motor vehicle, you should always wait for the police to respond to the scene, they can begin the preliminary investigation of the accident scene, which will help if a reconstructionist is needed at a later time.  You also need to obtain all contact information about the other driver and their insurance information, as well as the contact information for all witnesses.  Always seek medical attention to document your personal injuries.

Do you know the rules of the road?  Do you know what your case is worth?  Please contact the Angell Law Firm at (770) 217-4954 before making any statements or making any decisions.  We will be happy to assist you with a FREE consultation

by

As an accident attorney here in Atlanta who deals with medical liens on a regular basis, there are some important points you need to know if you have outstanding medical liens.  First, if you have been injured in auto accident and do not have health insurance  there are health care providers that will treat you on what is called a medical lien.  This means the medical provider will have a lien against your settlement and will be legally entitled to proceeds from your settlement.  This is obviously a fair arrangement as the health care provider treated you without upfront payment for their services.

In such cases your personal injury attorney will pay your health care providers after your case has been settled.  Upon receipt of the settlement check from the responsible insurance company, your attorney will hold the funds in trust account.  At this stage of the settlement process your attorney can attempt to negotiate your medical bills for less than the original billed amount.  Not all health care providers will negotiate their bills but an experienced accident attorney will know how to proceed and which health care providers will play ball.

Often negotiating a medical bill can take weeks or even months to finalize.  Some attorneys as a favor to their clients will go ahead and issue a settlement check to the client even before all medial billing negotiations have been finalized.  This can be helpful to those injured victims where money is tight and bills need to be paid.

Since negotiating medical bills can take time, there is a danger that the medical provider will report the outstanding bill to the credit reporting agencies.  This is a danger to those of you who have been injured in an auto accident but are holding out on paying the medical providers timely.  You may ultimately end up with more money in your pocket once the bills have been finalized but you could also end up with a ding to your credit score.

by

Every driver will experience some sort of anger or frustration at another driver at some point in his or her life. While most of the time nothing happens, in some rare cases road rage occurs and someone is seriously hurt. You should know that road rage is never worth it and you should abstain from reacting to any situation that could cause you or another person to be injured.

Remember to take deep breathes while driving. If another driver cuts you off or is driving extremely slowly, take a deep breath and relax. Tailgating is not going to get you to your destination any faster. Be the bigger person, relax, and move on. It isn’t worth getting into a car accident.

Also, you need to remember that most of the time, driver mistakes are not intentional. Chances are a driver that cut you off was not doing so just to irritate you. Most of the time drivers are so distracted that did not even realize they did something wrong or were rude.

Road rage is a serious cause of accidents and can cause serious injuries to people. Just remember, road rage is NEVER worth it. You would not want to put yourself in a bad situation somewhere else, so do not do so while in a vehicle. You can injury or even kill someone or yourself. Do not take the risk. Keep driving and move on.

by

Today I received a phone call from a couple who was injured in an auto accident. They were extremely frustrated with the process of dealing with the insurance company. The husband requires an expensive surgery and his wife sustained serious injuries as well. Because they are unrepresented and dealing with the insurance company themselves, they are finding it extremely difficult to get the insurance company to agree to an amount anywhere near what is needed to cover their medical costs.

“Can a Personal Injury Attorney Get Me More Money For My Accident?”

Generally speaking, accident victims who are represented by a personal injury attorney are more likely to receive a fair settlement. In fact, in 1999 the insurance industry commissioned a study by the Insurance Research Council that found that injured persons averaged 3.5 times larger settlements than those that chose not to hire an attorney!

Don’t go it alone! If you have been injured, keep in mind that the insurance company does not have your best interests in mind. In fact, it is just the opposite. Insurance companies are interested in their bottom line and that means minimizing your settlement check. In contrast, an injury lawyer is concerned with making sure that you receive as much money as possible for your injuries.

If you have questions, feel free to call Atlanta Personal Injury Attorney Bryce Angell at 770-217-4954 for a free consultation about your legal rights.