Atlanta Injury Lawyers Blog

Sadly, another Atlanta child has died after being injured by a pit bull. A 5-day-old baby girl was crying in her bassinet when the dog (in what investigators deemed to be an apparent attempt to help the baby) climbed on top of the bassinet and crushed the baby's skull. The baby died at Children's Healthcare of Atlanta after doctors valiantly tried to save her young life. Four other Georgia babies were being treated for pit bull bites when the baby was brought to the hospital. After a thorough investigation, the police and investigators determined that this was an unavoidable accident and not the result of negligence or the result of the pit bull being vicious or dangerous. The baby's mother was in the room seconds after the dog, but it was too late.

As we noted in a previous article, when spring arrives in Atlanta, so does dog bite season. As an experienced Atlanta injury lawyer who has helped clients recover for injuries suffered in dog bite cases (and as a concerned parent), I hope and pray that Atlanta-area moms and dads are especially careful to keep their kids out of harm's way. Please do the following if you or your child is bitten by a dog or other animal:

1) Identify the animal without risking an additional attack;
(2) Seek immediate medical attention;
(3) Find out who the animal's owner is;
(4) If the injuries are severe, consult with an experienced Georgia injury lawyer who has handled dog bite cases successfully.

A seven year-old Marietta girl was released from Egleston Children's hospital in Atlanta after being treated for over a week for injuries she suffered after being attacked by a vicious pit bull dog. In a common scenario involving dog attacks in Georgia, the young girl was walking alone when the dog snuck up on her and attacked her. The child suffered a severe leg injury and was fortunate to not have suffered other injuries that are common in these types of attacks such as bites and wounds to the face, lips, arms, cheeks and head.

The owner of the pit bull was cited under the Cobb County Ordinances for maintaining a vicious animal and not properly controlling the animal. Under the current laws, the owner is legally responsible for all injuries caused by the attack if she is found guilty of the animal control charges. While many Georgia injury lawyers are still under the impression that this type of attack is subject to the "one bite" rule (i.e., the dog owner is not liable unless she knew based on a prior attack that the dog is vicious or had a propensity to attack), this is NOT the current state of the law.

Continue reading " Marietta Child Attacked by 115 Pound Pit Bull " »

Congratulations to Robert J. Fleming, for once again being named one of Georgia's top lawyers by Georgia Super Lawyers Magazine.

Continue reading " Robert J. Fleming Honored as Georgia "Super Lawyer" " »

Atlanta Pharmacies are subject to regulation by the Georgia Board of Pharmacy. As an experienced Georgia injury lawyer, I have handled a number of prescription misfill cases that have resolved successfully. Today, I will break down the basics of a pharmacy malpractice case in Georgia.

What is the basis for a Georgia Pharmacy Malpractice claim? Under the requirements of the Georgia Board of Pharmacy, a pharmacist is trained as to the proper dosage of drugs, and has available to her the same texts and references as those utilized by doctors. These references clearly cover potential drug interactions, side effects and warnings for each drug.

What is the pharmacist's duty? A pharmacist is responsible for interpreting prescriptions and to consult with the prescriber (the doctor) if there is any doubt as to the prescription. Potential doubt includes not being certain about which medication is being prescribed, at what dose and how it should be applied. Any doubt should be resolved by the pharmacist communicating with the doctor to ascertain this information.

The pharmacist's failure to comply with this duty to interpret leads to most prescription misfills and related malpractice claims against pharmacists and the drug stores for whom they work. [In Atlanta, Georgia, most prescriptions are filled by Walgreens, CVS, Target, RiteAid, Kroger or Publix. Although quite a few more are filled at pharmacies located inside hospitals].

When a prescription is filled incorrectly due to misinterpretation of the prescription, the pharmacist generally is at fault because the pharmacist is the last link in the drug distribution channel. In other words, the pharmacist has the last chance to catch any error. Almost every pharmacist malpractice case that I have handled as a Georgia injury lawyer could have been prevented if the pharmacist had simply taken the time to verify the prescription with the patient or double checking to make sure the drug being dispensed is appropriate to treat the patient's condition. The failure to do this is the foundation of almost all malpractice suits against Atlanta area pharmacies.

As an experienced injury lawyer based in Atlanta, I know first-hand that Georgia car accident lawyers have been concerned with the link between cellphone usage and texting. In fact, I wrote about this fast developing problem back in a July 2009 blog.

Now, Gwinnet County officials are exploring further charges against an Atlanta-area resident, Lori Reineke, who was invloved in a car accident on Sugarloaf Parkway which killed pedestrian James Eaton III. After an exhaustive investigation, the woman has been charged with vehicular manslaughter.

All Georgia drivers are charged with driving safely. This is a basic Rule of the Road. If someone is distracted while they are driving their car, and this results in an accident, the at-fault driver is responsible for all of the harm they have caused because they were legally "negligent" and this negligence caused the accident. The fairly new legal theory that is creeping up now, is: if a dirver is on their cell phone (talking or texting) and causes an accident, can punitive damages be assessed against them.

While this question may be new to some, we have been dealing with it for years and the short answer is: Yes. A Georgia Driver who causes a wreck because they were on their cell phone is subject to a claim for punitive damages if the victim's attorney uses the facts and the law to show that the unlawful behavior showed a "conscious disregard" or a "conscious indifference" to the welfare of others. In today's society, this law Firm has little doubt that this can be effectively proven!

Continue reading " Gwinnett County Links Pedestrian Death Crash to Texting " »

I have written about similar dangerous conditions in the City of Atlanta, but it bears repeating because these instances of City neglect are too dangerous to ignore. Atlanta residents out for a stroll are in danger. So too are small children playing in the area, bicyclists, joggers and pets. If you go to the corner of North Highland Avenue and Cumberland Road, you will find the sharp jagged edge of what used to be a speed limit sign sticking up from the ground into the air. Just a few blocks away, at the corner of Stillwood and Rosedale, a City of Atlanta storm drain lies uncovered.

While the general rule is that the City is not responsible for simple negligence if someone gets hurt, there are many legal claims that allow those injured by these (and other similar dangerous conditions on City of Atlanta roads and property) to recover from the City for their injuries. Please be careful out there. Hopefully, you will not need the advise of an experienced Atlanta injury lawyer, but if you are injured, please take the time to hire the right lawyer.

You've been seriously injured in a car accident, pharmacy error or other type of accident. You have tried being reasonable and "working it out" with the insurance company, to no avail. You are now in the market to hire a Georgia Injury Lawyer. And boy, there sure is no shortage of lawyer ads on TV, in the yellow pages, on the radio, on billboards, or on the internet. How does one decide.

The truth is: there are plenty of Georgia injury lawyers, but only a handful of top-notch lawyers who can effectively handle your case and get you the recovery that can positively change your life. Here are a few things that you may want to consider when you are seeking the lawyer that will help you and your family:

(1) Experience. How long has the lawyer been practicing law? How long has he or she practiced in Georgia injury law? How much "first chair" trial experience does this particular lawyer have? Don't be lulled into thinking that experience is not the most important criteria, because it certainly is. But, not just experience, but successful and meaningful experience is the key here. There are plenty of "experienced" lawyers who have practiced for over 20 years and have never tried a case to verdict. Plenty more who have simply watched other lawyers in their firm try the case (and then claim that they "tried" the case). As an informed potential client, ask specific questions and demand specific answers.
(2) Commitment to Clients. While the "heavy advertisers" have the glossy pictures and paid spokespersons, most of them never actually work on your case. They farm it out to other lawyers. Find out up front what type of dedication and commitment to each case your new lawyer will have. This is important and should not be overlooked.
(3) Past Results. I wise man once told me: "Past performance is the best indicator of future success." This rings especially true for Georgia trial lawyers. If you are the victim of someone else's negligence and you have been seriously injured, you deserve to be represented by a lawyer that can stand up in front of a jury and argue your case effectively. Ideally, that lawyer should have been there before--and won (ie., gotten a multi-million dollar verdict). If I was seriously injured in Georgia, I would make sure the lawyer I hired to represent me was smart, dedicated and succesful. And so should you! Good luck.

In the wake of Toyota's massive safety-related recalls, many Atlanta-area Prius owners are wondering if all the hype warrants serious concerns. Of course it does and here's why. The latest recall stems from Prius owners experiencing "a short delay before the brakes kick in." Couple this with the 5 million-vehicle Toyota recall for "problems with floor mats which can trap gas pedals and not allow the pedal to release" and "concerns related to gas pedals not returning to idle" and one can only wonder what serious accidents can occur as a direct result of these serious design flaws.

To date, this dangerous defect has been potentially linked to four serious car wreck by the National Highway Traffic Safety Administration (NHTSA). However, the jury is still out and all Prius owners should exercise extreme care until this issue is resolved. Toyota brass have apparently been slow to acknowledge and recall other cars for safety issues.

As an experienced Georgia injury lawyer, the question I get the most is, "I was involved in a car wreck in Atlanta, what is my case worth." No answer to this question would be complete without first stating that if you have been involved in an Atlanta wreck, you should consult with an experienced Georgia injury lawyer who handles serious car accident cases. Since, an initial consultation is normally free, there is very little downside to seeking the advice of an attorney based on the specific facts of your case.

With that said, there are a number of factors that Georgia car accident lawyers look at in analyzing the merits and value of a potential car wreck case. They are:

1. How serious are your injuries? The case value increases if you have sustained objective and serious injuries such as broken bones, hernated back disks, a concussion, a closed head injury or severe lacerations. The general rule (which should not come as any surprise) is: the more serious (and objective) the injuries, the more valuable the case;
2. Were you taken from the scene of the accident to the hospital emergency room? The argument goes: seriously injured people are taken off in an ambulance, treat at the emergency room and then continue to treat with medical doctors and surgeons. While this may not always be true due to extenuating circumstances, this is the view that the insurance companies take.
3. In which county does the person who caused the accident live? This is important because jury pools and judges vary by county. The more liberal the judges and/or potential jurors are in a particular county, the more your case is worth. When I am filing a new car accident lawsuit, I prefer to file in (in order of preference) Dekalb County, Fulton County, Clayton County, Gwinnett County and Cobb County.
4. How much property damage is there to the cars invovled in the wreck? This is important, because it is harder to prove serious personal injuries were caused by a wreck that resulted in little property damage.
5. Was the other driver cited at the scene for causing the wreck? Clear liability cases are worth more than contested liability cases.

While this list is not exhaustive, it does include some of the factors that Georgia injury lawyers look at in evaluating a potential case. I hope this was helpful.