Articles Posted in Personal Injury

aidan-bartos-313782-copy-300x200Many times we will see headlines in the news media about a verdict in a personal injury case reaching many millions of dollars. In some cases those verdicts come about simply because the injuries caused cost the victims that much money to be repaired. In other cases there is an award of punitive damages which brought about the large verdict. If you have questions about whether punitive damages will factor into your personal injury case, contact an Atlanta personal injury lawyer for a consultation.

The legal doctrine of punitive damages has developed over the years through many cases that have led to a system in which a certain class of people who cause harm have to pay more than others. The extra payment comes because of policy decisions handed down through time to try to prevent the most damaging behaviors in society.

Punitive Damages in General

goh-rhy-yan-268048-copy-300x225A recent jury award to the victim of a go-kart accident addressed many of the issues that can arise in a personal injury case. That case is an important look at why it is important to to contact and work with a qualified Atlanta personal injury lawyer after being injured. The issues can become complex very quickly.

This case began as most personal injury cases do, with no thought that there would be any kind of lasting injury after engaging in a typical activity. The activity at issue here was a simple night out at a go-kart arena. The victim injured in this case sustained life-long injuries that will keep her from enjoying many of the activities she used to enjoy.

When the Unexpected Happens

tim-gouw-128115-copy-300x200Accidents and injuries are part of life, and they can come upon us at the most inopportune times. One minute you can be driving down the road, and then the next you are in an accident, suffering because some other person did not follow the rules of the road. Of course, these are the risks we take to get to where we want to be. We move at high rates of speeds and reap the rewards, while at the same time taking on the risks that come with it. Fortunately for us, there are laws to protect us once we are in an accident, but those laws can be troublesome for some in certain circumstances. If you have been injured in an accident, contact an Atlanta personal injury lawyer for assistance today.

What is Assumption of Risk?

Assumption of the risk is a fairly common legal doctrine that is meant to help defendants avoid paying for an accident for which they may not be liable. The name of the doctrine may seem self-explanatory, but it is a bit more complex than the name suggests, as any Atlanta personal injury lawyer will tell you.

denys-nevozhai-100695-copy-300x225High-speed chases on the freeway are the kind of dramatic event that seem to be made for the movie screen. One such chase was all too real for a victim who was injured in a crash in Georgia in 2013. What resulted from the chase was a seriously injured victim and a lawsuit against the sheriff’s deputies who conducted the investigation. When you are involved in a case like this, it is important to contact an Atlanta personal injury lawyer for help.

This case, Wingler v. White, began in February of 2013 when a deputy sheriff observed a car straddling the centerline of highway road. He was on patrol that day looking for drug traffickers, and because the license plate was from out of state, he decided to pull the driver over. When the officer put on his blue lights, the driver did not stop. That is when the pursuit began.

High-Speed Chase and a Crash

brandon-wong-263419-copy-200x300For some who have suffered a personal injury in Georgia, they may have encountered a legal doctrine known as avoidable consequences. This is a defense that those who cause an accident or injury use to shift the blame from them to a victim. It is one of many reasons why if you are injured in an accident, it is better to get advice and representation from an Atlanta personal injury lawyer instead of going it alone.

The primary law about avoidable consequences can be found in OCGA § 51-11-7. That section of Georgia law provides that if a plaintiff could have avoided a personal injury caused by the defendant by taking ordinary care, then he or she is not entitled to recover from the defendant. This is a harsh legal doctrine that can obstruct a victim from getting his or her just due from a person who causes a personal injury.

Examples of Avoidable Consequences

stefan-machler-440749-copy-300x169What happens to the victim of an accident when it is not necessarily another driver, but the driving conditions that caused an accident? The driving conditions in this case is not the weather, but roads, sidewalks, signs, and other parts of the driving experience that can lead to two drivers colliding through little or no fault of their own. In cases like these, it is important to get advice from the right Atlanta personal injury lawyer.

The issue of dangerous roads and liability was addressed by a Georgia Court of Appeals in a recent decision. In their opinion, the court reviewed the law regulating dangerous roads and maintaining safe conditions for drivers. The court also showed why a government can be held liable for dangerous conditions that cause an accident.

Incapacitating Injuries

andrew-worley-301402-copy-300x200Driving without the proper amount and kind of car insurance is against the law in Georgia. Despite that fact, many drivers take the risk and operate their cars without the needed insurance. Not only do drivers have to protect themselves and others by getting insurance before driving, but they should also consider insurance in the event they are in an accident with another driver who is uninsured or underinsured. An Atlanta car accident lawyer can help answer any questions about what exact kinds of insurance are best for you.

As will be demonstrated below, the required minimum for insurance coverage in Georgia is just a beginning. According to Georgia law, the following are the limits needed to operate a car in Georgia:

  • Bodily injury liability: $25,000 per person and $50,000 per accident;

dan-gold-240112-copy-169x300It is no secret that dogs are hugely popular as pets in this country. We see them everywhere, even in places where we would not have seen them years ago, such as on airplanes. Whether at the grocery story, park, or church, people’s pets now go everywhere their people go. Often labeled as emotional support animals, it is not uncommon to see a dog in every imaginable place. Without commenting on the merits of this shift in our culture, it is evident that with an increased presence of service and other support dogs comes an increase in biting incidents with those dogs. This is what we learned from a recent, horrific story of a dog attack on an airplane taking off from Atlanta International Airport. The case has been referred to an Atlanta dog bite lawyer, and for good reason..

Dog Attacks Airline Passenger

According to reports coming out of Atlanta, a combat veteran with an emotional support dog was seated in the aisle and middle seat of an airplane bound for San Diego. Another passenger, a man, was seated next to the window when the large dog began to growl at him. Minutes later, the dog began attacking the man, biting his face. The attack lasted for several minutes, and the man is now awaiting plastic surgery to reconstruct his face.

bethany-legg-14229-copy-300x200A few years ago the transportation-for-hire business was turned upside down with the advent and widespread use of new smartphone technology for sharing rides. What started out as an application on the phone to share rides with people traveling from one place to another has become the number one choice for paying for rides and getting from point A to point B. This is true across the country, from big cities like Atlanta to small towns. With this increased presence has come increased exposure to liability for the ridesharing companies. In the past, when a taxi driver took passengers from place to place, the driver and his company faced the liability possible when an accident occurred. Now that those drivers have been largely supplanted by rideshare drivers, the liability has been shifted to those drivers and to the ridesharing companies, as well. If you have been involved in a accident involving a driver for a rideshare company, contact an Atlanta car accident lawyer right away.

Conflicting Reports

Despite this clear reality, there are conflicting reports about whether ridesharing companies should be held liable when their drivers get into accidents. One recent report from Time.com included an account of the author, who was actually hit by an Uber driver when running down the street. She was fine from the accident, but it caused her to wonder whether, if she had bee seriously injured, she could have sued the rideshare company.

sebastian-pociecha-393843-copy-300x169A Georgia court of appeals recently reversed judgment in a slip and fall case in which a woman was badly injured at a church. The case is an example of why letting a case continue to a jury for a true judgment is risky, particularly when reasonable minds can disagree about the issue of liability. It is also an important lesson for property owners who invite the public to visit, and the responsibilities that entails. If you have questions regarding an injury you incurred on someone else’s property, reach out to an Atlanta premises liability lawyer today.

This case began in July of 2015 when a woman was leaving the funeral services for her mother. As if that event was not enough for her to deal with on that day, as she was leaving the church where the services were held, she was seriously injured after falling on the stairs. As a result she broke her leg, and sustained other serious injuries, as well.

The Evidence in This Case