Atlanta, Georgia Personal Injury Lawyer
An Illinois ironworker had his ankle crushed by a powerlift after he fell on uneven ground at a brickyard work site.
Roger K. Hepner blamed his fall on "junk brick," which is old, culled brick that's used to cover the ground at a construction site. Mr. Hepner’s construction expert argued that junk brick created an unsafe condition. It's standard for a work site to have gravel because junk brick causes an uneven surface.
The defense attorneys for company Global Glay argued that once Hepner fell, the operator of the lift should have been carefully watching the area and not have run over Mr. Hepner's foot. Mr. Hepner was awarded $810,315 by the court. Have you, or do you know someone in Georgia who has been injured at a dangerous work site? Call or email the Law Offices of Michael L. Neff. No one should have to endure medical bills and lost wages from an injury that was no fault of their own. We can help.
Roger K. Hepner blamed his fall on "junk brick," which is old, culled brick that's used to cover the ground at a construction site. Mr. Hepner’s construction expert argued that junk brick created an unsafe condition. It's standard for a work site to have gravel because junk brick causes an uneven surface.
The defense attorneys for company Global Glay argued that once Hepner fell, the operator of the lift should have been carefully watching the area and not have run over Mr. Hepner's foot. Mr. Hepner was awarded $810,315 by the court. Have you, or do you know someone in Georgia who has been injured at a dangerous work site? Call or email the Law Offices of Michael L. Neff. No one should have to endure medical bills and lost wages from an injury that was no fault of their own. We can help.
Labels: ankle, attorney, negligence, pain and suffering, trip and fall
Each year, it’s estimated that over 1.5 million people in our country sustain traumatic brain injury, or TBI. As a result of their injuries, 50,000 people die, 230,000 people are hospitalized and survive, and an estimated 80,000-90,000 people experience the onset of long-term disability.*
Even so, rates of hospitalization related to TBI have declined by approximately half in the last two decades. Why? According to Traumatic Brain Injury in the United States: A Public Health Perspective, this can be partially attributed to successful injury prevention, but also to changes in hospital admission practices that now move patients with less severe TBI to outpatient settings.
The magnitude of this kind of injury in our country, according to the authors of this article, makes it necessary for us to have even more public health measures for prevention, and to improve the consequences for victims. The authors ask for reliable data on injury causes and risk factors, the identification of trends in TBI, and prevention strategies for populations at greatest risk. This kind of focus, say the authors, can help states and communities design and implement cost-effective programs for TBI patients and their families.
*Journal of Head Trauma Rehabilitation, December 1999; Thurman, David J. MD, Alverson, Clinton MS, Dunn, Kathleen A. MD, Guerrero, Janet MS, Sniezek, Joseph E. MD; Aspen Publishers, Inc.
Even so, rates of hospitalization related to TBI have declined by approximately half in the last two decades. Why? According to Traumatic Brain Injury in the United States: A Public Health Perspective, this can be partially attributed to successful injury prevention, but also to changes in hospital admission practices that now move patients with less severe TBI to outpatient settings.
The magnitude of this kind of injury in our country, according to the authors of this article, makes it necessary for us to have even more public health measures for prevention, and to improve the consequences for victims. The authors ask for reliable data on injury causes and risk factors, the identification of trends in TBI, and prevention strategies for populations at greatest risk. This kind of focus, say the authors, can help states and communities design and implement cost-effective programs for TBI patients and their families.
*Journal of Head Trauma Rehabilitation, December 1999; Thurman, David J. MD, Alverson, Clinton MS, Dunn, Kathleen A. MD, Guerrero, Janet MS, Sniezek, Joseph E. MD; Aspen Publishers, Inc.
Labels: TBI, traumatic brain injury
A man who sustained a traumatic brain injury in a rear-end truck collision was awarded nearly $1.5 million.
Lloyd Davidson was rear-ended by a driver in a Strawberry Petroleum Inc. truck. He was taken to the hospital by ambulance, where he was diagnosed with a traumatic brain injury. He also claimed that the accident caused him TMJ (a jaw injury) and aggravated his neck arthritis.
Mr. Davidson also required shoulder surgery. Defense counsel argued that Davidson was faking his injuries. Mr. Davidson’s attorneys, however, alleged the defense medical expert's tests were unscientific; the judge agreed and prevented the defendant's expert from testifying about faking.
Traumatic brain injury cases are very serious. At the Law Offices of Michael L. Neff, we have the experience and knowledge necessary to get accident victims the help they need and fight the arguments that insurance company's hired experts will make. Call or email us today. Read more about traumatic brain injury, below.
Lloyd Davidson was rear-ended by a driver in a Strawberry Petroleum Inc. truck. He was taken to the hospital by ambulance, where he was diagnosed with a traumatic brain injury. He also claimed that the accident caused him TMJ (a jaw injury) and aggravated his neck arthritis.
Mr. Davidson also required shoulder surgery. Defense counsel argued that Davidson was faking his injuries. Mr. Davidson’s attorneys, however, alleged the defense medical expert's tests were unscientific; the judge agreed and prevented the defendant's expert from testifying about faking.
Traumatic brain injury cases are very serious. At the Law Offices of Michael L. Neff, we have the experience and knowledge necessary to get accident victims the help they need and fight the arguments that insurance company's hired experts will make. Call or email us today. Read more about traumatic brain injury, below.
Labels: neck injury, traumatic brain injury, truck accident, whiplash
Few people think about it but stepping into the shower can be dangerous. In 2006, 83-year-old Ana Feliz stepped into the shower in her apartment in Manhattan. After she finished showering, she attempted to turn off the cold water but as she did, the handle knob broke off in her hand. The hot water reached a scalding temperature and she sustained serious burns.
Ms. Feliz sued the building’s owner and the building managers, alleging that they were negligent in their maintenance, and that their negligence created a dangerous condition. Her attorneys claimed that the defendants were aware that the hot-water control knob was loose, but that they failed to repair or replace it.
Ms. Feliz sustained first- and second-degree burns of more than 10 percent of her body. She underwent intubation and a tracheostomy, and she endured an extended hospitalization. The parties agreed to a $2 million settlement.
There are safety rules that hotels and apartments must comply with as they relate to safe water temperature. Water above certain temperature violates Georgia building codes and industry standards as it is known to be dangerous.
If someone else’s negligence has resulted in an hot water scalding/burn injury to you or someone you love, you have a right to seek an attorney’s counsel. At no cost, find out today what can be done to help you. Call or email The Law Offices of Michael L. Neff.
Ms. Feliz sued the building’s owner and the building managers, alleging that they were negligent in their maintenance, and that their negligence created a dangerous condition. Her attorneys claimed that the defendants were aware that the hot-water control knob was loose, but that they failed to repair or replace it.
Ms. Feliz sustained first- and second-degree burns of more than 10 percent of her body. She underwent intubation and a tracheostomy, and she endured an extended hospitalization. The parties agreed to a $2 million settlement.
There are safety rules that hotels and apartments must comply with as they relate to safe water temperature. Water above certain temperature violates Georgia building codes and industry standards as it is known to be dangerous.
If someone else’s negligence has resulted in an hot water scalding/burn injury to you or someone you love, you have a right to seek an attorney’s counsel. At no cost, find out today what can be done to help you. Call or email The Law Offices of Michael L. Neff.
Labels: building maintenance, Georgia building code, negligence, scalding water, third degree burns
Two families, who suffered a death and several injuries after a ski bus rolled down an embankment in Utah last January, have hired attorneys. A Nebraska-based motor coach company called Arrow Stage Lines was contracted to take 17 busloads of skiers to and from Colorado for a three-day ski trip. A total of nine people died and 23 were injured in the tragic ski bus incident.
Marc Rasmussen, an 18-year-old high school senior, died in the wreckage. His mother, Kim, and four other family members, including a 5-year-old boy, were injured. Some family members have been released, but Kim remains hospitalized in New Mexico.
A Utah Highway patrolman who investigated the accident said the driver, Walland Lotan, 71, was driving at the 65 mph speed limit when he rounded a tight curve, plunging the 52 passengers into the embankment; but, said the patrolman, the driver should have slowed by several miles an hour as he approached the curve.
The National Transportation Safety Board and Utah Highway Patrol are conducting an investigation into the accident, including an analysis of a "data collector" (or "black box") on board the bus that logs speed and position at the time of the accident, and records video of the driver.
If you've been injured due to the negligence of a bus driver, contact us at the Law Offices of Michael L. Neff. We have handled bus wrecks and a prompt phone call or an email us as soon as possible can mean preservation of the black box evidence before it disappears.
Marc Rasmussen, an 18-year-old high school senior, died in the wreckage. His mother, Kim, and four other family members, including a 5-year-old boy, were injured. Some family members have been released, but Kim remains hospitalized in New Mexico.
A Utah Highway patrolman who investigated the accident said the driver, Walland Lotan, 71, was driving at the 65 mph speed limit when he rounded a tight curve, plunging the 52 passengers into the embankment; but, said the patrolman, the driver should have slowed by several miles an hour as he approached the curve.
The National Transportation Safety Board and Utah Highway Patrol are conducting an investigation into the accident, including an analysis of a "data collector" (or "black box") on board the bus that logs speed and position at the time of the accident, and records video of the driver.
If you've been injured due to the negligence of a bus driver, contact us at the Law Offices of Michael L. Neff. We have handled bus wrecks and a prompt phone call or an email us as soon as possible can mean preservation of the black box evidence before it disappears.
Labels: accident, black box, bus wreck, evidence, injury attorney, negligence, wrongful death
As reported in the AJC, last Wednesday a Texas appeals court overturned a multimillion-dollar verdict against Merck & Co. in a case involving the painkiller Vioxx.
In 2006, a Texas jury awarded the widow of 71-year-old Leonel Garza $32 million for his wrongful death. However that verdict was later reduced to $7.75 million under Texas laws capping injury damages.
Three weeks ago, the Texas Court of Appeals overturned the verdict, ruling that the plaintiff’s family failed to provide evidence that Mr. Garza’s heart disease could not have caused the heart attack that killed him in 2001. Mr. Garza died of a heart attack after taking Vioxx for only a few weeks.
During the trial, lawyers for the pharmaceutical firm argued that Garza's heart attack was the result of chronic heart disease.
Merck pulled the painkiller off the market in 2004, after the company's internal research showed the painkiller doubled risk of heart attacks and strokes. That action triggered many lawsuits against Merck, which has a $4.85 billion settlement pending. If you have a question about a harmful drug, email us at the Law Offices of Michael L. Neff.
In 2006, a Texas jury awarded the widow of 71-year-old Leonel Garza $32 million for his wrongful death. However that verdict was later reduced to $7.75 million under Texas laws capping injury damages.
Three weeks ago, the Texas Court of Appeals overturned the verdict, ruling that the plaintiff’s family failed to provide evidence that Mr. Garza’s heart disease could not have caused the heart attack that killed him in 2001. Mr. Garza died of a heart attack after taking Vioxx for only a few weeks.
During the trial, lawyers for the pharmaceutical firm argued that Garza's heart attack was the result of chronic heart disease.
Merck pulled the painkiller off the market in 2004, after the company's internal research showed the painkiller doubled risk of heart attacks and strokes. That action triggered many lawsuits against Merck, which has a $4.85 billion settlement pending. If you have a question about a harmful drug, email us at the Law Offices of Michael L. Neff.
Labels: appeal, damages, lawsuit, settlement, tort reform, vioxx, wrongful death
Sunday morning, Atlantans awoke to hear the horrific news that a Cobb County teen had been killed by a suspected drunk driver—while he was sleeping in his own bed.
About 3 a.m. Sunday morning, neighbors were awakened by what sounded like an explosion. A Ford F-250 pickup truck driven by a woman suspected of being drunk careened through a Cobb County neighborhood before plowing into and going through a house.
The accident killed 14-year-old Elliot Savary as he slept. His sister Leah, who is 13, was injured.
Police believe Janette L. Eason, 44, of Dallas, was driving drunk when she turned into the neighborhood and weaved down the street, knocking down mailboxes along the way, before slamming into the Savarys’ home. Charges against Eason were pending late Sunday.
Eason's truck entered through the garage and went out the other side, through a wall into Elliot's bedroom, running over him. The truck pushed him through a wall into his sister’s bedroom, where she was sleeping.
A family spokesperson called the tragedy, “incomprehensible.” The Law Offices of Michael L. Neff express our sorrow to the family. It is a horrible way to lose a loved one. If you see someone who has had too much alcohol, we urge you to take their keys—prevent them from driving. Call the police. We should do our part to prevent these senseless nightmares from happening.
About 3 a.m. Sunday morning, neighbors were awakened by what sounded like an explosion. A Ford F-250 pickup truck driven by a woman suspected of being drunk careened through a Cobb County neighborhood before plowing into and going through a house.
The accident killed 14-year-old Elliot Savary as he slept. His sister Leah, who is 13, was injured.
Police believe Janette L. Eason, 44, of Dallas, was driving drunk when she turned into the neighborhood and weaved down the street, knocking down mailboxes along the way, before slamming into the Savarys’ home. Charges against Eason were pending late Sunday.
Eason's truck entered through the garage and went out the other side, through a wall into Elliot's bedroom, running over him. The truck pushed him through a wall into his sister’s bedroom, where she was sleeping.
A family spokesperson called the tragedy, “incomprehensible.” The Law Offices of Michael L. Neff express our sorrow to the family. It is a horrible way to lose a loved one. If you see someone who has had too much alcohol, we urge you to take their keys—prevent them from driving. Call the police. We should do our part to prevent these senseless nightmares from happening.
Labels: Cobb County, dead, drunk driving
If your car’s ever been hit by another whose driver didn’t have adequate insurance to cover your expenses, you had two options: make up the loss from your own savings or go to court by suing your own insurance carrier for any coverage you had for uninsured or underinsured motorists (UM).
However, you may be in for a surprise. Under Georgia law, a person’s insurance company was allowed a credit for any money received from the negligent driver’s insurance company.
For example, assume that a person was hit by someone with only $25,000 in coverage. Let’s assume that the total worth of lost wages, medical bills, and pain and suffering damages are worth $60,000.00 and $25,000 has been paid by the first insurance company. So there are $35,000 worth of damages left. A person with $50,000 in UM coverage might think they are fine. However, because Georgia law has allowed insurance companies a credit, the UM carrier only has to pay $25,000 to put the total compensation to the injured person at $50,000.
This surprised a lot of people who thought they were paying for $50,000 of coverage from their insurance companies and then could only get $25,000. However, a new law signed by Governor Perdue has made it possible to avoid the above situation. Effective January 1st, 2009, the new law in Georgia (called the “stacking provision”) will allow allows drivers to piggyback (or “stack”) their uninsured/underinsured motorist’s protection on top of another driver’s policy. So in the above situation, the person would receive all the money to which they are entitled.
With the new law, if another driver who has no insurance or not enough to cover your damages and expenses hits you, you get full access to the total insurance policy limits you have paid for. Come January 1st, you'll have three options when you renew your auto insurance: buy the new stacked coverage; leave coverage to the limits of the at-fault motorist's policy; or, decline having uninsured/underinsured motorists coverage at all.
At the Law Offices of Michael L. Neff, we strongly encourage people to accept the stacking coverage. If you already have uninsured/underinsured coverage, you'll automatically be signed up for the stacked option unless you opt out of it when your policy comes up for renewal. Look carefully at your renewal forms. And remember that you should be insuring yourself for protection of all your assets - including your health and your ability to earn money. If you have any questions about the above, call your insurance agent or email us.
However, you may be in for a surprise. Under Georgia law, a person’s insurance company was allowed a credit for any money received from the negligent driver’s insurance company.
For example, assume that a person was hit by someone with only $25,000 in coverage. Let’s assume that the total worth of lost wages, medical bills, and pain and suffering damages are worth $60,000.00 and $25,000 has been paid by the first insurance company. So there are $35,000 worth of damages left. A person with $50,000 in UM coverage might think they are fine. However, because Georgia law has allowed insurance companies a credit, the UM carrier only has to pay $25,000 to put the total compensation to the injured person at $50,000.
This surprised a lot of people who thought they were paying for $50,000 of coverage from their insurance companies and then could only get $25,000. However, a new law signed by Governor Perdue has made it possible to avoid the above situation. Effective January 1st, 2009, the new law in Georgia (called the “stacking provision”) will allow allows drivers to piggyback (or “stack”) their uninsured/underinsured motorist’s protection on top of another driver’s policy. So in the above situation, the person would receive all the money to which they are entitled.
With the new law, if another driver who has no insurance or not enough to cover your damages and expenses hits you, you get full access to the total insurance policy limits you have paid for. Come January 1st, you'll have three options when you renew your auto insurance: buy the new stacked coverage; leave coverage to the limits of the at-fault motorist's policy; or, decline having uninsured/underinsured motorists coverage at all.
At the Law Offices of Michael L. Neff, we strongly encourage people to accept the stacking coverage. If you already have uninsured/underinsured coverage, you'll automatically be signed up for the stacked option unless you opt out of it when your policy comes up for renewal. Look carefully at your renewal forms. And remember that you should be insuring yourself for protection of all your assets - including your health and your ability to earn money. If you have any questions about the above, call your insurance agent or email us.
Labels: damages, Georgia, insurance, insurance law, law, pain and suffering, UM uninsured underinsured coverage
In 2005, Ms. Kathleen Donovan was stopped in traffic north of Ventura, California, when her sedan was rear-ended by a pickup truck driven by Patrick Gallagher, an employee of Gold Coast Erectors. Larry Johnson, another driver and an employee of Weatherford USLP, had been driving between Donovan and Gallagher, but swerved out of the lane when Donovan stopped. Ms. Donovan sustained fatal injuries and died at the scene of the wreck.
Her mother, Constance Donovan, sued Gallagher, Gold Coast Erectors, Johnson and Weatherford USLP, alleging negligence.
Gallagher and Gold Coast Erectors admitted liability but argued that Johnson and Weatherford were also negligent. Both Johnson and his firm denied liability. Gallagher contended that he was driving behind Johnson’s vehicle, which blocked his view of Ms. Donovan. Gallagher argued that Johnson did not slow appropriately, forcing him to swerve out of the lane when Ms. Donovan stopped and that this was negligent, because it compromised his opportunity to avoid the collision.
Constance Donovan did not seek any economic damages, as she was not financially dependent on her daughter at the time of her death, but asked the jury for $3.5 to $4.5 million in noneconomic damages for the value of her daughter's life. The jury awarded her $1.2 million in noneconomic damages, with 90 percent of the fault to Gallagher and Gold Coast Erectors and 10 percent to Johnson and Weatherford USLP.
Even though you may be among the safest drivers on the road, you never know when the actions of those around you can cause injury and death. The Law Offices of Michael L. Neff ask you to drive defensively; and if you or a loved one has been injured in a Georgia car or truck accident that was someone else’s fault, call us or email us immediately before evidence is destroyed. Let us help you get the settlement you deserve.
Her mother, Constance Donovan, sued Gallagher, Gold Coast Erectors, Johnson and Weatherford USLP, alleging negligence.
Gallagher and Gold Coast Erectors admitted liability but argued that Johnson and Weatherford were also negligent. Both Johnson and his firm denied liability. Gallagher contended that he was driving behind Johnson’s vehicle, which blocked his view of Ms. Donovan. Gallagher argued that Johnson did not slow appropriately, forcing him to swerve out of the lane when Ms. Donovan stopped and that this was negligent, because it compromised his opportunity to avoid the collision.
Constance Donovan did not seek any economic damages, as she was not financially dependent on her daughter at the time of her death, but asked the jury for $3.5 to $4.5 million in noneconomic damages for the value of her daughter's life. The jury awarded her $1.2 million in noneconomic damages, with 90 percent of the fault to Gallagher and Gold Coast Erectors and 10 percent to Johnson and Weatherford USLP.
Even though you may be among the safest drivers on the road, you never know when the actions of those around you can cause injury and death. The Law Offices of Michael L. Neff ask you to drive defensively; and if you or a loved one has been injured in a Georgia car or truck accident that was someone else’s fault, call us or email us immediately before evidence is destroyed. Let us help you get the settlement you deserve.
Labels: car accidents, car wreck, damages, dead, death, injury attorney, lawsuit, pain and suffering, truck accident
Jane Clark, a satellite feed coordinator for Fox News, states in a lawsuit filed Thursday in Manhattan's state Supreme Court that she picked up bedbugs in the Fox News Channel in Manhattan.
Ms. Clark states in her suit last year that the bedbug bites left her unable to work and suffering from post-traumatic stress disorder. The lawsuit asks unspecified damages from Fox News’ landlord, a management company and two maintenance companies. The Fox News Channel and its parent News Corp. were not named as defendants.
Lawsuits regarding negligent maintenance of commercial property are not unusual. Lawsuits over bedbug infestations in hotels, cruise ships and apartment buildings are also not unusual as these are environments where many people live in close proximity. However I have never before seen an allegation of bed bug infestation occurring in a work environment. We’d like to hear your feedback, Atlanta—have you ever missed work because of bedbug bites? The Law Offices of Michael L. Neff want to know. Email us.
Ms. Clark states in her suit last year that the bedbug bites left her unable to work and suffering from post-traumatic stress disorder. The lawsuit asks unspecified damages from Fox News’ landlord, a management company and two maintenance companies. The Fox News Channel and its parent News Corp. were not named as defendants.
Lawsuits regarding negligent maintenance of commercial property are not unusual. Lawsuits over bedbug infestations in hotels, cruise ships and apartment buildings are also not unusual as these are environments where many people live in close proximity. However I have never before seen an allegation of bed bug infestation occurring in a work environment. We’d like to hear your feedback, Atlanta—have you ever missed work because of bedbug bites? The Law Offices of Michael L. Neff want to know. Email us.
Labels: bedbugs, damages, lawsuit, post traumatic stress disorder, PTSD
A decision was made a couple of weeks ago in the case of a cheerleader from New Jersey who died in 2004 while she was in Hawaii to perform for the Hula Bowl.
According to court testimony, the teenager had a blood-alcohol level more than twice the state’s legal limit for driving when she fell to her death from a hotel balcony in Hawaii. The chaperone of the cheerleader has been ordered by an arbitrator to pay the family and estate of 18-year-old Lauren Crossan nearly $700,000.
With summer here, teenagers will be heading to beaches and vacation spots to party. The Law offices of Michael L. Neff ask you to please counsel your teens on the tragic circumstances we see all to often when kids drink alcohol. And as always, if someone you love is injured due to someone else’s negligence, call a personal injury lawyer right away. For more information call us at 404-531-9700 or email us now.
According to court testimony, the teenager had a blood-alcohol level more than twice the state’s legal limit for driving when she fell to her death from a hotel balcony in Hawaii. The chaperone of the cheerleader has been ordered by an arbitrator to pay the family and estate of 18-year-old Lauren Crossan nearly $700,000.
With summer here, teenagers will be heading to beaches and vacation spots to party. The Law offices of Michael L. Neff ask you to please counsel your teens on the tragic circumstances we see all to often when kids drink alcohol. And as always, if someone you love is injured due to someone else’s negligence, call a personal injury lawyer right away. For more information call us at 404-531-9700 or email us now.
Traumatic brain injury, or TBI, is a major cause of death in the United States. According to Atlanta’s own Centers for Disease Control, these injuries are associated with over a million emergency department visits, 235,000 hospitalizations, and 50,000 deaths.
According to further data compiled by the CDC, rates for traumatic brain injury are higher among males, and highest among people over 75 years of age. The two leading causes for these injuries are unintentional motor-vehicle traffic incidents and unintentional falls. Assaults are the third leading cause of TBI.
What is of most concern to us at the Law Offices of Michael L. Neff is this finding: most patients (almost 65 percent) who were hospitalized with a TBI-related diagnosis were discharged home with no or unskilled assistance (approximately seven percent of these patients died while hospitalized). Is it because of economic concerns or is it because frequently TBI is not diagnosed at the Emergency Room?
If you or someone you love has suffered this kind of injury through no fault of your own, it’s so important to seek the services of a competent personal injury lawyer. You deserve all the help you need to attempt to recover as much as possible.
For more information on traumatic brain injuries, click here.
For information on how we can help, Call or email us now.
According to further data compiled by the CDC, rates for traumatic brain injury are higher among males, and highest among people over 75 years of age. The two leading causes for these injuries are unintentional motor-vehicle traffic incidents and unintentional falls. Assaults are the third leading cause of TBI.
What is of most concern to us at the Law Offices of Michael L. Neff is this finding: most patients (almost 65 percent) who were hospitalized with a TBI-related diagnosis were discharged home with no or unskilled assistance (approximately seven percent of these patients died while hospitalized). Is it because of economic concerns or is it because frequently TBI is not diagnosed at the Emergency Room?
If you or someone you love has suffered this kind of injury through no fault of your own, it’s so important to seek the services of a competent personal injury lawyer. You deserve all the help you need to attempt to recover as much as possible.
For more information on traumatic brain injuries, click here.
For information on how we can help, Call or email us now.
Labels: attorney, lawyer, TBI, traumatic brain injury
On Memorial Day, just last week, motorists on I-85 in Atlanta were reminded of the dangers motorcycle riders face, when the interstate was shut down all evening after a motorcycle fatality. The Atlanta accident happened when the driver of the van swerved to avoid a stalled car, and the motorcycle hit the van, according to the Atlanta Journal Constitution.
According to various news sources, our skyrocketing gas prices have led to higher sales of motorcycles and scooters—up 24 percent for the first quarter of 2008, according to the Motorcycle Industry Council. Scooters average about 100 miles a gallon, and a larger mid-size bike can get up to 45 mpg, making an attractive alternative to an automobile. Clark Howard recently touted his scooter's gas mileage on a recent show.
However saving money on gas can cause increased safety risks on our roads—especially since even the safest cyclists are taking a deadly risk if automobile drivers fail to pay attention to the growing number of bikes sharing the road. When cars strike motorcycles—or even worse when trucks hit motorcycles—the result is more often catastrophic injury or even death for the cyclist. A motorcycle injury ended the career of former NBA basketball player Jay Williams. Motorcycle injuries also caused pro football players like Kellen Winslow and Ben Roethlisberger to miss significant playing time.
If you are a biker, the Law Offices of Michael L. Neff urges you to make safety your number one consideration. Always wear a helmet and drive defensively; but if you are a biker involved in a wreck that was not your fault, call an attorney right away who has experience in helping you get the help you deserve.
According to various news sources, our skyrocketing gas prices have led to higher sales of motorcycles and scooters—up 24 percent for the first quarter of 2008, according to the Motorcycle Industry Council. Scooters average about 100 miles a gallon, and a larger mid-size bike can get up to 45 mpg, making an attractive alternative to an automobile. Clark Howard recently touted his scooter's gas mileage on a recent show.
However saving money on gas can cause increased safety risks on our roads—especially since even the safest cyclists are taking a deadly risk if automobile drivers fail to pay attention to the growing number of bikes sharing the road. When cars strike motorcycles—or even worse when trucks hit motorcycles—the result is more often catastrophic injury or even death for the cyclist. A motorcycle injury ended the career of former NBA basketball player Jay Williams. Motorcycle injuries also caused pro football players like Kellen Winslow and Ben Roethlisberger to miss significant playing time.
If you are a biker, the Law Offices of Michael L. Neff urges you to make safety your number one consideration. Always wear a helmet and drive defensively; but if you are a biker involved in a wreck that was not your fault, call an attorney right away who has experience in helping you get the help you deserve.
Labels: atlanta, motorcycle accident
With more trucks on the road than ever, we’re also seeing more truck accidents than ever before. According to the Associated Press, last week a semi slammed into the back of a school bus that had stopped to drop off students along a highway, seriously injuring five people.
The bus was loaded with 16 children from Wheatland Center School District, ranging from fourth to eighth graders. One of the children was ejected as the bus was hit from behind. Two other children, the truck driver and the bus driver also were seriously injured. Miraculously, the injuries were not believed to be life threatening.
Investigators think the trucker did not see the bus. There were no skid marks where the accident happened; the semi apparently came over a hill and struck the bus right in the rear. According to the sheriff, the truck driver "may have been occupied inside the cab drinking a soda. He was either coughing or choking on it."
At the Law Offices of Michael L. Neff, we talk with people frequently who, like these Wisconsin children, are involved in serious collisions with trucks. Thankfully no one was killed. But what do these families do now, since they have no doubt incurred high medical bills due to being hit by the truck? We urge them to contact an attorney who is skilled in personal injury cases to help shoulder the unexpected financial and emotional burdens they now carry. That’s why we’re here. If you know someone involved in a truck wreck, call or email us today.
The bus was loaded with 16 children from Wheatland Center School District, ranging from fourth to eighth graders. One of the children was ejected as the bus was hit from behind. Two other children, the truck driver and the bus driver also were seriously injured. Miraculously, the injuries were not believed to be life threatening.
Investigators think the trucker did not see the bus. There were no skid marks where the accident happened; the semi apparently came over a hill and struck the bus right in the rear. According to the sheriff, the truck driver "may have been occupied inside the cab drinking a soda. He was either coughing or choking on it."
At the Law Offices of Michael L. Neff, we talk with people frequently who, like these Wisconsin children, are involved in serious collisions with trucks. Thankfully no one was killed. But what do these families do now, since they have no doubt incurred high medical bills due to being hit by the truck? We urge them to contact an attorney who is skilled in personal injury cases to help shoulder the unexpected financial and emotional burdens they now carry. That’s why we’re here. If you know someone involved in a truck wreck, call or email us today.
Labels: car crashes, semi, serious injuries, tractor trailer, truck accident, truck wreck
Thomas McAndrew, 36, an ironworker, worked at an outdoor construction site at John F. Kennedy International Airport, in Queens. In August of 2006, he walked to an area that housed safety equipment. Amid cluttered boxes, he slipped on paint overspray, fell and sustained injuries to his back and one finger.
He sued American Airlines; the construction project's manager, VRH/Torcon; and a subcontractor, Newport Painting & Decorating Company, alleging they violated the labor law, created and then negligently failed to address a dangerous condition.
Because the area of overspray was open to the elements and became slippery when wet. McAndrew contended that rain the night before the accident had made the area especially slippery, and no tarp had been installed. He further claimed that the overspray and cluttered boxes had been the subject of several complaints by him and other contractors. It is important to be aware that a product is sold that can be added to outdoor paint that makes the paint slip resistant.
Although Judge Martin Shulman directed a verdict that established that American Airlines was not liable for the accident, the case proceeded against the remaining defendants. The jury found that VRH/Torcon and Newport Painting & Decorating were liable for the accident, and that McAndrew's damages totaled $4,913,231.30.
Are you working under unsafe conditions? No amount of money can replace your health; injuries at work such as the painful back injury suffered by Mr. McAndrew cause years of pain and suffering, and astronomical medical bills. If you’ve suffered an injury at work through someone else’s negligence, you are entitled to help with those bills. Call or email the Law Offices of Michael L. Neff today.
He sued American Airlines; the construction project's manager, VRH/Torcon; and a subcontractor, Newport Painting & Decorating Company, alleging they violated the labor law, created and then negligently failed to address a dangerous condition.
Because the area of overspray was open to the elements and became slippery when wet. McAndrew contended that rain the night before the accident had made the area especially slippery, and no tarp had been installed. He further claimed that the overspray and cluttered boxes had been the subject of several complaints by him and other contractors. It is important to be aware that a product is sold that can be added to outdoor paint that makes the paint slip resistant.
Although Judge Martin Shulman directed a verdict that established that American Airlines was not liable for the accident, the case proceeded against the remaining defendants. The jury found that VRH/Torcon and Newport Painting & Decorating were liable for the accident, and that McAndrew's damages totaled $4,913,231.30.
Are you working under unsafe conditions? No amount of money can replace your health; injuries at work such as the painful back injury suffered by Mr. McAndrew cause years of pain and suffering, and astronomical medical bills. If you’ve suffered an injury at work through someone else’s negligence, you are entitled to help with those bills. Call or email the Law Offices of Michael L. Neff today.
Labels: back injury, fall, finger injury, hand injury, medical bills, negligence, slip and fall
You could run out of time by procrastinating: here’s a summary of important Georgia laws relating to injury claims
Statutes of Limitations
For most torts, Georgia has a two-year statute of limitations from the date of injury or death, and a five-year statute of “ultimate repose and abrogation,” (except for foreign object cases, which, may be brought any time within one year of discovering the object (these statutes are for adults; rules are different for children. Consult your attorney).
Contributory or Comparative Negligence
In Georgia, a claimant's action is barred if he or she could have avoided the consequences of the defendant’s negligence. Otherwise, the claimant's recovery is diminished in proportion to his degree of negligence up to 50%. If the injured person is 50% or more at fault, he recovers nothing.
Vicarious Liability
Georgia statutory law imposes liability on an individual for the negligent acts of a contractor when the contractor's work is wrongful in itself, results in a nuisance, is inherently dangerous, violates a duty imposed in a contract, violates a duty imposed by statute, was directed or controlled by the employer, or was ratified by the employer. As this statute relates to hospitals, a hospital may not be liable for a contracting physician's negligent acts. Factors to consider in determining if the hospital is directly liable for the negligent acts of the physician are whether the hospital negligently granted him privileges or undertook to direct the doctor's method of treating patients.
Expert Testimony
A medical malpractice or other malpractice complaint must generally contain an affidavit of an expert swearing under oath that the facts justify a claim of negligence. When a claimant fails to file an affidavit in a timely manner, the complaint is subject to dismissal.
Patient Compensation Funds and Physician Insurance
Georgia does not have a patient compensation fund or a program of state-sponsored liability insurance for physicians.
The Law Offices of Michael L. Neff hopes this information is helpful if you have questions about medical malpractice in Georgia—but this is by no means construed as adequate legal advice. If you or a loved one may have suffered an injury due through the fault of a medical professional, we urge you to seek an appointment with a personal injury attorney immediately who is skilled in medical malpractice. Call or email us now.
Statutes of Limitations
For most torts, Georgia has a two-year statute of limitations from the date of injury or death, and a five-year statute of “ultimate repose and abrogation,” (except for foreign object cases, which, may be brought any time within one year of discovering the object (these statutes are for adults; rules are different for children. Consult your attorney).
Contributory or Comparative Negligence
In Georgia, a claimant's action is barred if he or she could have avoided the consequences of the defendant’s negligence. Otherwise, the claimant's recovery is diminished in proportion to his degree of negligence up to 50%. If the injured person is 50% or more at fault, he recovers nothing.
Vicarious Liability
Georgia statutory law imposes liability on an individual for the negligent acts of a contractor when the contractor's work is wrongful in itself, results in a nuisance, is inherently dangerous, violates a duty imposed in a contract, violates a duty imposed by statute, was directed or controlled by the employer, or was ratified by the employer. As this statute relates to hospitals, a hospital may not be liable for a contracting physician's negligent acts. Factors to consider in determining if the hospital is directly liable for the negligent acts of the physician are whether the hospital negligently granted him privileges or undertook to direct the doctor's method of treating patients.
Expert Testimony
A medical malpractice or other malpractice complaint must generally contain an affidavit of an expert swearing under oath that the facts justify a claim of negligence. When a claimant fails to file an affidavit in a timely manner, the complaint is subject to dismissal.
Patient Compensation Funds and Physician Insurance
Georgia does not have a patient compensation fund or a program of state-sponsored liability insurance for physicians.
The Law Offices of Michael L. Neff hopes this information is helpful if you have questions about medical malpractice in Georgia—but this is by no means construed as adequate legal advice. If you or a loved one may have suffered an injury due through the fault of a medical professional, we urge you to seek an appointment with a personal injury attorney immediately who is skilled in medical malpractice. Call or email us now.
Labels: injuries, insurance, malpractice, negligence
Mack Shelby, now 57, has been a seaman for SeaRiver Maritime since 1987. He developed cancer, he alleged in a lawsuit, from over-exposure to airborne hydrocarbons, including Benzene, aboard ship.
Mr. Shelby sued the company for violation of the Jones Act, alleging negligence in failing to provide a safe place to work, failure to provide proper respiratory protection, failure to provide proper instruction and warnings of the risk of exposure, and failure to provide proper medical monitoring.
Mr. Shelby had been diagnosed with cancer of the right kidney, and it was surgically removed in August 2003. He has been cancer-free for five years, but will require annual checkups in the future. He sought $1,125,000 for past pain and suffering, $6,525,000 for future pain and suffering, and $350,000 for his future lost earnings.
The company argued that Mr. Shelby had planned to return to work and was medically fit to do so, so there was no loss of income or evidence that Shelby currently suffers from any pain or medical issues. Nevertheless, the jury returned an $8 million verdict for Mr. Shelby, finding that SeaRiver Maritime failed to provide a safe work place and that its vessels were unseaworthy. They awarded him $350,000 in personal injury, $1,125,000 for past pain and suffering, and over $6.5 million for future pain and suffering.
Do you, or does a loved one, suffer with a condition caused by work-related negligence? You don’t have to suffer without compensation if you’ve had to work in an unsafe environment. Call the Law Offices of Michael L. Neff today.
Mr. Shelby sued the company for violation of the Jones Act, alleging negligence in failing to provide a safe place to work, failure to provide proper respiratory protection, failure to provide proper instruction and warnings of the risk of exposure, and failure to provide proper medical monitoring.
Mr. Shelby had been diagnosed with cancer of the right kidney, and it was surgically removed in August 2003. He has been cancer-free for five years, but will require annual checkups in the future. He sought $1,125,000 for past pain and suffering, $6,525,000 for future pain and suffering, and $350,000 for his future lost earnings.
The company argued that Mr. Shelby had planned to return to work and was medically fit to do so, so there was no loss of income or evidence that Shelby currently suffers from any pain or medical issues. Nevertheless, the jury returned an $8 million verdict for Mr. Shelby, finding that SeaRiver Maritime failed to provide a safe work place and that its vessels were unseaworthy. They awarded him $350,000 in personal injury, $1,125,000 for past pain and suffering, and over $6.5 million for future pain and suffering.
Do you, or does a loved one, suffer with a condition caused by work-related negligence? You don’t have to suffer without compensation if you’ve had to work in an unsafe environment. Call the Law Offices of Michael L. Neff today.
Labels: cancer, lost income, negligence, pain, personal injury
ERs now can turn away patients unable to pay, says the Atlanta Journal Constitution this week. An estimated one in five adults in Georgia receive the medical care they need through a hospital emergency room.
But that’s changed. Overcrowded conditions and too many patients who can't pay their bills have caused Georgia hospitals to begin restricting access to emergency services for the uninsured. Emergency room patients in Georgia who are screened and not in need of immediate medical care will be denied treatment unless they pay a deposit or co-payment on insurance.
Is this legal? Yes. Federal law requires only that hospitals conduct a medical screening on all incoming ER patients, and treat only those whose conditions are serious and in need of immediate care. ERs are not required by law to treat uninsured patients who do not need urgent care. Those people will be directed elsewhere.
But where is “elsewhere?” Nowhere, in Georgia. A statewide coalition of free clinics asked for a one-time grant of $2 million to expand services and hours at the last Georgia General Assembly, but the Legislature said “no” to providing the funds. County health departments are limited in the services they can provide. Now, even those county health departments that do provide some basic primary-care services such as diabetes monitoring and immunizations are chronically underfunded.
What could be a result of this decision? If hospitals demand upfront payment from those who are not deemed emergencies, health advocates fear that those who are uninsured will give up, and their condition will most likely decline.
At the Law Offices of Michael L. Neff, we care about all Georgians who need health care. We believe there must be a solution. What do you think, Atlanta? Do you have a solution to our medical care problem? Email us with your comments.
But that’s changed. Overcrowded conditions and too many patients who can't pay their bills have caused Georgia hospitals to begin restricting access to emergency services for the uninsured. Emergency room patients in Georgia who are screened and not in need of immediate medical care will be denied treatment unless they pay a deposit or co-payment on insurance.
Is this legal? Yes. Federal law requires only that hospitals conduct a medical screening on all incoming ER patients, and treat only those whose conditions are serious and in need of immediate care. ERs are not required by law to treat uninsured patients who do not need urgent care. Those people will be directed elsewhere.
But where is “elsewhere?” Nowhere, in Georgia. A statewide coalition of free clinics asked for a one-time grant of $2 million to expand services and hours at the last Georgia General Assembly, but the Legislature said “no” to providing the funds. County health departments are limited in the services they can provide. Now, even those county health departments that do provide some basic primary-care services such as diabetes monitoring and immunizations are chronically underfunded.
What could be a result of this decision? If hospitals demand upfront payment from those who are not deemed emergencies, health advocates fear that those who are uninsured will give up, and their condition will most likely decline.
At the Law Offices of Michael L. Neff, we care about all Georgians who need health care. We believe there must be a solution. What do you think, Atlanta? Do you have a solution to our medical care problem? Email us with your comments.
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