Posted On: June 30, 2009

Atlanta Motorcycle Wreck Warrants Investigation

According to an Atlanta police spokesman, an unidentified motorcyclist "struck a bridge abutment and was killed instantly" this morning. This appears to be yet another catastrophic single vehicle Atlanta accident.

As an experienced injury lawyer who has litigated similar accidents, I feel it is important to note that a full investigation of the facts of this case should be conducted in order to determine liability and all potential defendants. As I pointed out in a recent post on this blog, others have been able to recover against County or City governments in cases where the roadway conditions cause of contributed to the accident. In the Totten's case, they were able to recover, even though it was a single vehicle accident. The legal theory under which the Tottens traveled was that 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. Full article.

I think these types of cases address the question often asked by people who have been injured, i.e., why do I need a lawyer? Qualified Georgia injury lawyers earn their fee on every case because they leave no stone unturned. One of the initial tasks on every new case is to look past the obvious facts (i.e., a single vehicle accident apparently no other "at fault" person). Every case is unique and must be fully investigated to identify every potential liable party and all available insurance.

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Posted On: June 29, 2009

Hydroxycut FDA Recall

The U.S. Food and Drug Administration (FDA) has issued a formal warning to consumers to stop using certain Hydroxycut diet supplements manufactured by Iovate Health Sciences, Inc. Hydroxycut Recall Full Article. This is in response to numerous reported cases of adverse health effects caused by the recalled product, such as liver failure, seizures, heart complications, and muscle damage. There has been one reported death caused by liver failure and two reports of Hydroxycut users undergoing liver transplants.

If you are using any of the recalled Hydroxycut products, you should discontinue use and seek immediate medical attention. The recalled products are:

Hydroxycut Caffeine-Free Caplets
Hydroxycut Caffeine-Free Drink Packets
Hydroxycut Carb Control
Hydroxycut Hardcore Drink Packet (Ignition Stix)
Hydroxycut Hardcore Liquid Capsules
Hydroxycut Hardcore RTD
Hydroxycut Liquid Shot
Hydroxycut Max Aqua Shed
Hydroxycut Max Caplets
Hydroxycut Max Drink Packet
Hydroxycut Natural
Hydroxycut Rapid Release Regular Caplets
Hydroxycut Regular Drink Packet
Hydroxycut 24

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Posted On: June 17, 2009

Insurance Bad Faith

A jury has ordered American Physicians Insurance Corp. to pay $3.8 million for acting in bad faith by delaying payment on a claim it knew its client was liable for, according to the Louisville Courier-Journal. Court records show that American Physicians Assurance Corp. initially offered the plaintiff $75,000 despite estimating her injuries to be worth $1 million. Daniels was left permanently disabled after her doctor botched a cosmetic procedure he suggested she have while she underwent a hysterectomy. Full Article

In Georgia, if an insurer denies the claim of its insured based on inadequate evidence or based on inadequate investigation, it may be properly inferred by a judge or jury that such denial of payment of the claim was made in bad faith. Once this is established, the insurer who acts in bad faith is liable to the insured for damages, a statutory penalty and attorneys' fees.

As experienced injury lawyers, we deal with many insurance companies. Many of them are guilty of bad faith by not adequately protecting the interests of their insureds. At Robert J. Fleming, P.C., we have had great successes in helping seriously injured clients fully recover for their injuries. We do this by thoroughly investigating every case. Many times, this involves making a time-sensitive demand on their insurance company to pay the policy limits or face a suit for bad faith, in addition to the suit for damages the the insured client has suffered due to negligence. please contact us so that we can help properly evaluate your case.

Posted On: June 11, 2009

Atlanta Drivers Take Note: Smaller Cars Sustain More Damage in Car Wrecks

Regardless of how they are commonly referred to as: car accidents (also known as car wrecks; or car collisions; or road wrecks; or vehicular accidents; or trucking accidents; or trucking wrecks) happen frequently in Atlanta. That's something we all agree on. It's just a part of life in the big city. What happens once an accident occurs is interesting though. The recent trend of drivers wisely choosing smaller, more fuel efficient cars, changes some of the dynamics. Now more than ever, even low impact collisions can result in major property damage to the vehicles and severe injuries.

According to the Insurance Institute for Highway Safety, repairs to smaller cars involved in low speed collisions could cost up to $3,701.00. According to the Institute, a low-speed crash is one that occurs at speeds of 3 to 6 miles-per-hour. While this is not news to those people who have suffered severe injuries in low impact collisions, it does quantify what we have long known: there is no direct relationship between the speed of the collision and the resulting property damage to the vehicles or the severity of the injuries sustained in the wreck.

As an experienced injury lawyer, I have been fortunate to have represented many clients who seriously injured in car wrecks. Based on my experience, the general rule is that the higher the speed of collision the greater the extent of property damage and injuries sustained in the accident. However, there are exceptions to every rule. Sometimes there is just no relationship between the speed of the wreck and the injuries. As the Insurance Institute for Highway Safety confirms, a lot of damage can be done by a low-impact collision.

At Robert J. Fleming, P.C., we have had great successes in helping seriously injured clients fully recover for their injuries. We do this by fully investigating every case. If you or a family member has been seriously injured or killed in an auto wreck, please contact us so that we can help properly evaluate your case.