Atlanta Injury Lawyers Blog

Published on: November 3, 2009

City of Atlanta Pays $325,000 For Injury on Broken Water Meter

The Atlanta City council has approved a $325,000 payment to a woman who tripped and fell on a broken City of Atlanta water meter. The injured Atlanta citizen originally sought over $1 million when she hurt herself when she stepped through a broken water meter cover that was not properly maintained by the city.

While the City of Atlanta is often immune from the type of negligence claims asserted against private entities, there are many legal theories under which people hurt by the wrongful acts of the City of Atlanta can recover. One such theory is nuisance. Under a nuisance claim, the injured party claims that the City of Atlanta has maintained a dangerous condition and has not corrected the danger, even after the City knew, or should have known of the danger. Many times, the plaintiff is able to prove that the City knew about the dangerous condition by securing documents via a Freedom of Information Act (FOIA) request. The documents that are produced in response to the FOIA request often have citizen complaints of the hazardous condition, incident reports that document other injuries caused by the dangerous condition, failed attempts by City workers to fix the problem, and other documents that prove notice to the City of the problem. I have found this to be especially true in cases involving City of Atlanta dangerous road conditions, dangerous sidewalk conditions (including dangerous curbs and uneven sidewalks, which are a tripping hazard) and, as in the present case, water meters which the City has notoriously failed to properly maintain. In fact, at one point, the City was installing covers on the water meters which were the wrong size. This made the situation worse, as it created an unsafe condition by hiding the meter, but if someone stepped on the cover, it collapsed into the meter (along with the pedestrians foot, etc.).

In order to maintain a nuisance claim against the City, one must first “put the City on notice.” Under Georgia law, before an action for personal injury or injury to property can be brought against the City or other municipal entity, one must first send a written ante-litem notice. This is a legal requirement that has been recently changed and has come under a bit of scrutiny as some entities that are entitled to an anti-litem notice are not obvious. In other words, the entity may technically be a governmental entity (and entitled to receive an anti-litem notice prior to being sued), but have a name that does not indicate to the public that is anything but a private, for profit, business. These situation must be properly investigated to make sure that: (1) the correct entity is identified; and (2) if the entity is considered a governmental entity, that a proper anti-litem notice is sent to preserve all claims against the target entity and all other potential defendants.
Continue reading

Published on: October 9, 2009

Georgia Car Accident Forum (Continued)

by Robert J. Fleming

As we have been discussing, as an experienced Georgia personal injury lawyer, I have represented many clients who have suffered serious injuries in automobile accidents. While every case is different and no two clients are alike, I am writing a series of blog posts which address frequently asked questions. Knowing the answers to these common car accident questions will allow those injured in Georgia car accidents to be better informed about the litigation process.

Who pays for my medical bills?

The negligent driver is responsible for paying your medical bills. However, the negligent driver (or, in most cases, their insurance company) will not pay for medical bills until the whole case is settled for a lump sum amount. Therefore, your medical bills must be addressed prior to settlement. Some possible ways to manage your medical bills until your case settles are: (1) If you have health insurance, submit the bills to your health insurance company; (2) submit the bills to your automobile insurance company to be paid under the med pay portion of your automobile insurance policy; (3) ask the hospitals and doctors who have treated you for your automobile accident related injuries to delay collection efforts until your case resolves, at which time the outstanding medical bills can be properly addressed; (4) seek a Letter of Protection from your attorney to the medical care provider stating that the doctors’ bills will be “protected” in any settlement. This allows the doctor to continue providing the care and treatment you need, while not having to worry about getting paid; and (5) in rare cases, an injured person can receive money from case funding companies.
Continue reading

Published on: October 8, 2009

Georgia Car Accident Forum–Continued

by Robert J. Fleming

As we discussed last month, as an experienced Georgia injury lawyer, I have represented many clients who have suffered serious injuries in car accidents. While every case is different and no two clients are alike, I am writing a series of blog posts to address frequently asked questions. Knowing the answers to these common automobile accident questions will allow those injured in Georgia car accidents to be better informed about the litigation process.

How much is my Georgia car accident case worth?

Many auto accidents in Georgia result in serious injuries such as a broken arm or leg, lost teeth, loss of limbs, severe burns and scarring, herniation of disc in your neck and back and cognitive problems such as loss of memory caused by brain injuries. Unfortunately, we cannot give you back your health, but what the law seeks to do, in simple legal terms, is to “make you whole.” Since we can’t give you back the health you lost, your case is valued by money, i.e,. what amount of money should a jury give you to put you in the same position you were in before the wreck.

While insurance companies (and many new lawyers) value cases based on a multiplier of the injured plaintiff’s medical bills (that is to say, they value your case based on the amount of your medical bills times a multiplier, usually 2 to 3 times the total of the bills. For instance, if you have $50,000 in medical bills, they value your case at $100,000 to $150,000). This is a crude method which, at times, is woefully inadequate to fully compensate someone who is seriously injured in a car wreck.

Under Georgia law, you are entitled to (1) special damages, (2) general damages and (3) in rare cases punitive damages. Special damages are those damages that an injured plaintiff suffers which are capable being proven to an exact amount. Common examples of special damages that are recoverable in Georgia include but are not limited to: medical bills, prescription costs, and lost wages. In other words, these are damages that you don’t need a jury to place a value on. They are what they are, and the bills and receipts prove them.

General damages comprise the largest amount of damages in most cases. General damages compensate the injured plaintiff for pain and suffering, loss of enjoyment of life, permanent physical injury or impairment. Think about the following scenario and ask yourself what the special damages are worth: A 20 year-old star college baseball player for Georgia Tech is rear-ended while he is stopped in traffic at the Georgia 400 tollbooth. In the wreck, he smashes his head against the steering wheel. Due to the wreck and the resulting blow to his head, he loses an eye at the scene. Since there was so little the doctors could do, his medical bills are only $15,000. His major league baseball career is over before it starts. What is the proper amount of special damages in this case?

The final element of damages allowable in Georgia are punitive damages. Punitive damages are rarely awarded because the legal standard is harder to satisfy in order for them to be warranted. In an auto wreck case, one can recover punitive damages if it can be shown that the defendant driver committed more than negligence and acted with malice or a conscious indifference to the welfare of others.

All of these damages should be considered when valuing a case.
Continue reading

Published on: October 6, 2009

Confusing Georgia Signs on I-75 Replaced

by Robert J. Fleming

After a year-long study, the National Transportation Safety Board last year found that the faulty and confusing signs which caused the deadly bus crash at I-75 at Northside Drive in Atlanta have been replaced by the State of Georgia. As one safety expert put it, the former confusing road signs were “potentially a killer.” Based on the tragic wrecks that have occurred within the Atlanta City limits at this junction of the interstate, that would be an understatement.

In addition to replacing the signs, the State of Georgia has settled with the victims and their families for a total of $3 million, which is the maximum exposure for a single accident that the State of Georgia (due to sovereign immunity, which the state and other governmental entities enjoy in varying degrees) has in these situations. In the deadly crash, the driver of a charter bus carrying a college baseball team mistook the exit sign for the I-75 through way and exited the highway ramp at highway speed. Not realizing that the bus was now on the exit ramp, the bus driver continued through the exit ramp, rammed a concrete wall, jumped the bridge and landed back onto I-75. The crash caused 5 deaths and numerous other severe injuries.

This is yet another example of a single-vehicle accident which, at first blush would lead many injured people to believe that they did not have a case. However, as we have discussed in the past, despite great odds, many single vehicle accidents have resulted in multi-million dollar settlement or verdicts. The key to pursuing these cases is to involve an experienced auto accident lawyer early so that a proper investigation can be conducted. Many times, the real cause of the wreck is not apparent at the scene and the police investigation does not always uncover all of the factors and parties that caused or substantially contributed to the wreck. That is why a thorough investigation (other than the initial police report or initial investigation by an accident re-constructionist) should be conducted as soon as possible. This should include, but is not limited to, which vehicles were involved in the wreck, the identify of all drivers, whether any drugs or alcohol contributed to the wreck or were found in any of the vehicles, the service log of any truckers involved to determine if they were lawfully driving at the time of the wreck or whether they were fatigued and should not have been on the road, any witnesses, and any other factors that might help determine responsible parties for the wreck.
Continue reading

Published on: October 5, 2009

Atlanta Road Grates Still Not Safe

by Robert J. Fleming

The more things change, the more they stay the same. Today’s news talks about how misaligned storm grates on Atlanta streets are causing a safety hazard for Atlanta bicyclists. While this has been reported on this site before, the news is that it is not getting any better.

The problem is that the City of Atlanta is not installing the storm grates properly. When properly installed, the slots of the grates should run perpendicular to traffic and when the City of Atlanta installs them parallel to traffic, a safety hazard occurs. In legal terms, this type of hazard is known as a nuisance and once the City of Atlanta is aware of the hazard, or should have been aware, it is liable for all damages that the nuisance causes.

What is particularly troubling about these hazards is that the danger posed is potentially deadly. When a bicyclist rides over the storm grate (and the slots are running parallel to traffic), the bicycle wheels get stuck in the grates and this causes the bicyclist to lose control, often falling head-first onto the pavement or into oncoming vehicles.

It truly puzzles me as to why the City of Atlanta allows these nuisances to exist since the cost to remedy the nuisance is so minor and the potential harm caused by the nuisance is so great .
Continue reading

Published on: September 25, 2009

Atlanta Georgia Car Accident Forum–Continued

by Robert J. Fleming

As I discussed in the last blog post, as an experienced Georgia personal injury lawyer, I have represented many clients injured in automobile accidents. While every case is different and no two clients are alike, I am writing a series of blog posts to address those questions which come up most often. Knowing the answers to these common automobile accident questions should enable those injured in Georgia car accidents to be better informed about the litigation process. The questions are in bold and are followed by the answers:

How long do I have to bring a lawsuit for injuries I suffered in an car accident? Under Georgia law, you must file a lawsuit for personal injuries sustained in an automobile accident within two (2) years from the date of the accident. Interestingly, claims for loss of consortium (i.e., a spouse is entitled to fully recover for the loss of the injured spouse’s marital relations such as companionship and sexual relations) must be brought within four (4) years.
Continue reading

Published on: September 19, 2009

Atlanta Georgia Car Accident Forum–Continued

by Robert J. Fleming

As an experienced Georgia personal injury lawyer, I have had the pleasure of representing many clients injured in car accidents. Some questions come up quite often and I thought it would be helpful to cover those questions here in a series of blogs so that those injured in Georgia car accidents would be better informed from the start. The questions are in bold and are followed by the answers:

I was involved in an automobile accident. It was the other driver’s fault and I have been seriously injured. Who is responsible for paying my medical bills?
Under Georgia law, the at-fault driver is responsible for paying all of your damages that result from the car wreck. The at-fault driver is responsible for paying your medical bills; your out-of- pocket expenses; any lost wages that you have incurred in the past or will likely incur in the future as a result of the wreck; and an amount of money to fully compensate you for the pain and suffering caused by the automobile accident. If you are married, your spouse is entitled to fully recover for the “loss of consortium” that the accident has caused. Since loss of consortium compensates one for the loss of their spouse’s marital relations, these damages can be substantial, but are derivative of the claim of the injured spouse. In other words, if the claim for the injured spouse is not successful, the loss of consortium claim is lost.

Should I hire a lawyer?
The short answer is, “Yes, you should hire a lawyer to represent you.” Studies show that injured people who hire an experienced personal injury attorney to represent in a automobile accident case recover over $35,000 to resolve their case, while those who do not hire an attorney and settle on their own get about $6,624. If you have any doubts whether you should hire a lawyer, just ask the insurance company defending the at-fault driver if you need to hire an attorney. The resounding response will be, “No.” The insurance company will do everything in their power to stop you from hiring an attorney. Why? Because they know what we are discussing here: seriously injured people are compensated much better for their injuries when they are represented by an experienced Georgia personal injury attorney. Yes, you must pay the attorney’s fees, but you are much better off in the end. And not to belabor the point, but the more serious your injuries, the higher the stakes and the more you need to hire an experienced personal injury lawyer.
Continue reading

Published on: September 17, 2009

Free Legal Advice for Georgia Dog Bite Vicitms

by Robert J. Fleming

This is dog bite season, and with increased numbers of dog bites occurring in Georgia comes a need for information for the victims. You should consider doing the following if you are bit by a dog or other animal:

(1) Identify the best you can the animal that bit you. This is important for a number of reasons. First, it may save you the trouble and pain of having to undergo rabies treatments. Second, the animal’s owner may be legally liable to you for the damages you suffer because of the incident. Finally, the animal may pose a danger to others if left in public, and you should make sure that the proper authorities investigate the situation so that they can make appropriate arrangments to safeguard the public.Find out the owner’s name, the dog’s name, or anything else that will help you later identify the animal. Also, take a picture of the animal, if you can. This is always helpful.
(2) Seek medical attention. Complications from dog bites are rare, but potentially deadly. If you are a victim of a dog bite in Georgia, you should seek medical attention for you injureis as soon as possible after the attack. Once you see the doctor, make sure to follow the doctor’s advice. This will greatly reduce the possibility of potential complications and a disastorous outcome. Also, this is an important step to document your injuries. Many clients under treat as they may feel it is not necessary, however this only works against you if you want to bring a lawsuit later on. This is especially troublesome if the injuries worsen over time.
(3) Seek to find out the animal owner’s name, address, telephone number and drivers license number, if he or she will give you this information. It would also be helpful to know the owner’s insurance company and insurance agent’s name. Once the insurance information is determined, the claim should be set up with the homeowners’/dog owners’ insurance company to make sure that the claim will be honored. As with many other types of personal injury claims, obtaining a complete copy of the insurance policy is one of the first steps that the plaintiff’s lawyer will take, in order to properly pursue a dog bite case.

While it is important to note the size and type of the dog that attacked you, this is not really a determining factor as to whether the dog would be considered to be a “dangerous animal”. The most important factor in this regard is whether the dog has bitten someone before or if the dog has attempted to attack and innocent bystander without provocation in prior instances. If this is the case, the dog will be considered vicious in the chance of succeeding in any lawsuit based upon the dog tag is substantially increased.

This information should help you if suddenly become the victim of a dog bite.
Continue reading

Published on: September 16, 2009

MADD Georgia

by Robert J. Fleming

On October 2, 2009, MADD Georgia will hold its annual 5K walk to help raise the public’s awareness of the Georgia drunk driving. The event, previously known as “Strides for Change,” is called “Walk Like MADD” and will be held at Zoo Atlanta.

As experienced personal injury lawyers who represent victims of Georgia Drunk Drivers, we applaud the efforts of Mothers Against Drunk Driving (“MADD”) and wish them great successes in this worthy event. It is a sad fact that so many accidents in Georgia are related to drugs and alcohol. This is especially true during the Holiday which are fast approaching.

While all car accident victims possess a claim and potential lawsuit based on the negligence of the at-fault driver, the victim of a DUI accident also possesses potential claims for punitive damages. Driving while drunk is an added element of this type of lawsuit and is based upon the legal understanding that one who drives while drunk is grossly negligent. Georgia courts define “gross negligence” as being “equivalent to (the) failure to exercise even a slight degree of care” and “lack of the diligence that even careless men are accustomed to exercise.”

Published on: September 15, 2009

Dental Malpractice Results in 16 Pulled Teeth

by Robert J. Fleming

A 28 year-old woman visited a dental clinic to have 3 upper molars removed. Due to a mistake by the dentist and clinic, the dentist negligently removed all of the woman’s upper teeth. Article.

Because of this clear case of dental malpractice, the victim has lost all of her upper teeth (of which 13 were apparently in good condition), endured tremendous amounts of pain; will be forced to undergo future corrective surgeries, and suffered from potential future medical complications such as her sinus cavity sagging due to the missing teeth and her facial bones moving because of the decreased bony structure.

Recently, a jury awarded the victim $2 million in damages. The money will be used to compensate this victim of dental malpractice for her pain and suffering and loss of her body parts; and to help finance the future dental procedures, gum surgeries, and other corrective procedures that the plaintiff must undergo in order to replace all of her upper teeth.

All dental malpractice cases in Georgia must be filed with an affidavit completed by an expert who opines about the facts of the case and testifies to at least one act of dental malpractice which caused or substantially contributed to the injuries that the plaintiff is complaining of in the lawsuit. In the present case, either a general dentist, oral surgeon, or other type of dentist can be the affiant, so long as the expert performs the same procedures as the one at issue in the case and which forms the basis for the dental malpractice claim. Since the injuries in this case were caused by negligent tooth extractions (a procedure that most dentists perform) the expert could be a general dentist, oral surgeon, or periodontist. The magic language in these situations is that there is substantial overlap as to what procedures these types of dentists perform. In addition, dentistry, unlike the medical profession, does not have sub-specialties.
Continue reading