Atlanta, Georgia Personal Injury Lawyer
Atlanta personal injury lawyer blog
Friday, May 29, 2009
Chinese Drywall Contaminates Georgia Homes
Water Safety Tips Ensure Summertime Fun for the Whole Family
Thursday, May 28, 2009
Brain Injury from Whiplash
Who’s at Fault for Runaway Trucks?
Wednesday, May 27, 2009
Christopher Reeve Paralysis Act Signed by President Obama
Truck Accidents an All Too Common Occurrence
Tuesday, May 26, 2009
Slips, Trips, and Falls in Restaurants
How Dangerous is DWT (Driving While Texting) for Teens?
Monday, May 25, 2009
Not Everyone Who Gets Hit by a Drunk Driver Dies
Jacqueline Saburido, pictured at left three years after her car was hit by a drunk driver, is living proof that not everyone who gets hit by a drunk driver dies. Some victims continue to suffer for many years.
On a Sunday morning in 1999, Jacqueline, age 20 at the time, was on her way home from a birthday party with four of her friends. Reggie Stephey, age 18 at the time, was on his way home from drinking beer. Reggie’s SUV crashed into Jacqueline’s Oldsmobile. Two of Jacqueline’s friends died at the scene. Within minutes, the Oldsmobile was engulfed in flames. Jacqueline was pinned inside. Over 60% of her body was severely burned. Nobody thought that Jacqui would live. But she did.
Jacqui lost her fingers, hair, ears, nose, left eyelid, and much of her vision. She has had more than 50 operations since the crash, and she has many more to go.
Reggie was convicted of two counts of intoxication manslaughter for the deaths of Jacqui’s two friends. He was released from prison last year after serving a full seven-year sentence.
Jacqui bravely allowed post-accident photos of herself to be used in media campaigns against drunk driving. She appeared on Oprah in 2003, and Oprah called her “a woman who defines survival.”
Amazingly, Jacqui has publicly forgiven Reggie, even though his drunk driving completely destroyed her life. Oprah said that Jacqui defines “inner beauty.” Jacqui’s story is humbling and inspiring, and it reminds us that drunk driving is a serious crime.
In 2005 alone, there were 16,885 alcohol-related traffic fatalities in the United States; that’s an average of one alcohol-related fatality every 31 minutes. In the same year, there were over 254,000 injuries from alcohol-related accidents; that’s an average of one every two minutes. In 2006, there were 604 alcohol-related highway fatalities in Georgia; this number accounts for nearly one-third of Georgia’s total fatalities.
One bad decision - drinking and driving just one time - can destroy a life. Please don’t drink and drive.
If you or a loved one has been injured by a drunk driver, contact The Law Offices of Michael L. Neff as soon as possible. We must act quickly to investigate the accident and preserve evidence.
We aggressively pursue irresponsible drunk drivers and hold them accountable to the full extent of the law. As a victim, you can sue for negligence and punitive damages. You can punish the irresponsible behavior on the part of the drunk driver - and Jacqui Saburido would agree that you should punish such behavior. Too many innocent people have been victims of drunk drivers.
You may also be able to sue the liquor store, bar, or restaurant that served the drunk driver. For example, if a restaurant served someone who was obviously intoxicated, then you can also hold the restaurant accountable for your injuries.
If you’ve been injured by a drunk driver, call (404) 531-9700 to schedule your free consultation with Michael Lawson Neff.
Friday, May 22, 2009
Medical News Alert: Possible New Blood Test for Traumatic Brain Injuries
Thursday, May 21, 2009
Massachusetts Teen Finds Happy Ending after Traumatic Brain Injury
Wednesday, May 20, 2009
California Woman Awarded $45 million Over Car Accident
Tuesday, May 19, 2009
Trips and Slip and Falls can be Preventable
Burger King Pays $20 Million Settlement to Parents of Child Injured on Playground
Monday, May 18, 2009
Tired Truck Drivers Can Lead to Deadly Results
Friday, May 15, 2009
Fraudulent Truck Inspection Leads to Pennsylvania Man’s Death
Thursday, May 14, 2009
Apartment Complexes Potentially Responsible for Tenant Crime Safety
Marietta Personal Injury Lawyer
Wednesday, May 13, 2009
Natasha Richardson’s Death Demonstrates Sad Truths about Traumatic Brain Injury
Tuesday, May 12, 2009
Inadequate Security in Atlanta
Medical malpractice in Georgia a fact of life
Insurance doctor owes duty of care to injured party
Family of Chimp Attack Victim Seeks $50 Million in Damages
Georgia Statute of Limitations for General Personal Injury
Monday, May 4, 2009
Sue Ex-Spouse for Personal Injury Damages?
Atlanta Workers Compensation Law
Sunday, May 3, 2009
Atlanta Medical Malpractice Attorneys
Atlanta Attorney - Injury Personal
Atlanta Traumatic Brain Injury Lawyer
In 2006, over 300 million pounds of Chinese drywall was imported into Florida. Much of that drywall turned out to be defective (nobody knows just how much, for sure), and now it’s causing serious problems for homeowners in several states, including Georgia. In a new wave of “sick building syndrome,” the toxic drywall is causing illness and damaging homes.
Over the past several months, owners of newer homes with Chinese drywall have been complaining about a rotten egg odor. Some people have had to leave their homes because the odor is so overpowering.
That rotten egg odor, it turns out, is coming sulfide gases being emitted by the Chinese drywall. These gases - carbon disulfide, carbonyl sulfide, dimethyl sulfide and hydrogen sulfide - are damaging people’s homes and health.
The sulfide gases create a highly corrosive atmosphere, and they have been destroying electrical systems, HVAC systems, and exposed metals. The gases accelerate the corrosion of air conditioner and refrigerator coils, kitchen appliances, electrical wiring, electronic devices, plumbing, faucets, and metal surfaces, causing the metal to turn black and break down.
Furthermore, long-term exposure to low levels of sulfide gases has been linked to several health conditions including fatigue, headaches, irritability, dizziness, poor memory, reproductive problems, and neurological disorders. Most contaminated homes are in Florida, where public health officials have received over 50 related health complaints in recent months.
In southern states like Georgia and Florida, warm, humid environments cause the drywall to emit even more toxic gases. If you live in a home that has been built since 2004, and if you smell a rotten egg odor this summer, you should be concerned that your home may contain toxic drywall.
Signs That Your Home May Be Contaminated with Toxic Chinese Drywall:
- A persistent “rotten egg” odor
- Recurrent respiratory problems
- Eye irritation
- Frequent nose bleeds
- Persistent headaches
- Corroded wiring
- Corroded pipes
- Electrical problems
- Problems with air conditioning or refrigerator
- Corroded silver jewelry or utensils
The Environmental Protection Agency (EPA) has confirmed Chinese drywall is causing problems. Dawn Harris-Young of EPA’s Region 4 in Atlanta said, “It is the drywall, and from what I gather, it is causing a problem with copper and, specifically, air conditioning units.”
The corrosive atmosphere created by the defective Chinese drywall requires immediate attention. If you suspect that your home contains toxic drywall, contact MLN Law today at (404) 531-9700.
We can help you:
- Schedule a scientific investigation of your drywall.
- Determine the extent of contamination and damage.
- Find out who’s responsible for the damage.
- Review your legal options and possible insurance claim options.
- Receive recovery so that you can rebuild your damaged home.
If your home contains defective Chinese drywall, your home builder may try to cover up or downplay the problem. Contact MLN Law before speaking to anyone else about the issue. We will see to it that you get the compensation you deserve so you can breathe easy once again. To schedule your free consultation, call MLN Law at (404) 531-9700.
Over the past several months, owners of newer homes with Chinese drywall have been complaining about a rotten egg odor. Some people have had to leave their homes because the odor is so overpowering.
That rotten egg odor, it turns out, is coming sulfide gases being emitted by the Chinese drywall. These gases - carbon disulfide, carbonyl sulfide, dimethyl sulfide and hydrogen sulfide - are damaging people’s homes and health.
The sulfide gases create a highly corrosive atmosphere, and they have been destroying electrical systems, HVAC systems, and exposed metals. The gases accelerate the corrosion of air conditioner and refrigerator coils, kitchen appliances, electrical wiring, electronic devices, plumbing, faucets, and metal surfaces, causing the metal to turn black and break down.
Furthermore, long-term exposure to low levels of sulfide gases has been linked to several health conditions including fatigue, headaches, irritability, dizziness, poor memory, reproductive problems, and neurological disorders. Most contaminated homes are in Florida, where public health officials have received over 50 related health complaints in recent months.
In southern states like Georgia and Florida, warm, humid environments cause the drywall to emit even more toxic gases. If you live in a home that has been built since 2004, and if you smell a rotten egg odor this summer, you should be concerned that your home may contain toxic drywall.
Signs That Your Home May Be Contaminated with Toxic Chinese Drywall:
- A persistent “rotten egg” odor
- Recurrent respiratory problems
- Eye irritation
- Frequent nose bleeds
- Persistent headaches
- Corroded wiring
- Corroded pipes
- Electrical problems
- Problems with air conditioning or refrigerator
- Corroded silver jewelry or utensils
The Environmental Protection Agency (EPA) has confirmed Chinese drywall is causing problems. Dawn Harris-Young of EPA’s Region 4 in Atlanta said, “It is the drywall, and from what I gather, it is causing a problem with copper and, specifically, air conditioning units.”
The corrosive atmosphere created by the defective Chinese drywall requires immediate attention. If you suspect that your home contains toxic drywall, contact MLN Law today at (404) 531-9700.
We can help you:
- Schedule a scientific investigation of your drywall.
- Determine the extent of contamination and damage.
- Find out who’s responsible for the damage.
- Review your legal options and possible insurance claim options.
- Receive recovery so that you can rebuild your damaged home.
If your home contains defective Chinese drywall, your home builder may try to cover up or downplay the problem. Contact MLN Law before speaking to anyone else about the issue. We will see to it that you get the compensation you deserve so you can breathe easy once again. To schedule your free consultation, call MLN Law at (404) 531-9700.
Labels: Georgia personal injury, injury damages
The temperature is in the 90’s in Atlanta this week. The sun is shining, the natives are sweating in their short sleeves, and, as of Memorial Day, most area swimming pools, campgrounds and swimming holes are open for summertime fun.
While swimming is a great way to spend time with the family or get some exercise after being cooped up by the winter cold or the torrential spring rains, it is also important to keep in mind that failing to take safety precautions when swimming can lead to deadly results, especially among children.
It’s a sad fact that drowning is the second leading cause of unintentional injury related deaths to children under 14 years of age. According to a report issued by the City of Pasadena (California) Fire Department, each year approximately 1,150 children ages 14 and under drown and an estimated 5,000 more are hospitalized due to near-drowning. And, 5 to 20% of children who experience near drowning end up suffering from some severe and permanent impairment. While we do not want to think about the chances of tragedy striking while we enjoy our summer traditions, it is important to take some simple safety precautions to ensure a healthy, happy and safe swim time.
Swimming
1.) Supervise your children at all times when near water. Drowning can occur within a matter of seconds. During large gatherings, assign an adult and a backup to keep an eye on children in and near the water at all times.
2.) Learn how to swim, perform water rescues, and CPR.
3.) Do not rely on lifejackets, floaties, pool toys, or swimming lessons for a child’s water safety.
4.) If you own a personal swimming pool, create barriers between your child and the pool. These can include alarms on doors and windows leading to the water, a non-climbable 5+ foot fence with openings too narrow for even the smallest children to fit through, self-closing and self-latching gates, and pool safety covers. Also, be sure to instruct your babysitter in pool safety.
5.) If a child is missing, check the pool area first. Victims of near drowning can sometimes be resuscitated, but every second counts.
6.) Never swim or supervise young swimmers while under the influence.
Boating
1.) Make sure children wear life jackets at all times. Explain how to use each type of lifejacket available on the boat.
2.) Always operate at a safe speed and at a safe distance from shore and other vessels.
3.) Make sure children stay seated on the boat, especially when it is moving or near other vessels.
4.) Return to shore if rain or storms seem imminent. Weather can change rapidly.
5.) Teach children how to handle boating accidents – stay with the boat, climb into it if possible, and wait for help.
6.) Never boat under the influence.
Parents, for a fun and interactive way to teach your children about water safety, introduce them to Bobber the Water Dog, the mascot of the National Water Safety Program.
There are, of course, many ways to keep children safe and having fun in the water. Do you have any more tips on water safety for children? If so, please share in the comments so we can all have a safe, happy and healthy summer.
While swimming is a great way to spend time with the family or get some exercise after being cooped up by the winter cold or the torrential spring rains, it is also important to keep in mind that failing to take safety precautions when swimming can lead to deadly results, especially among children.
It’s a sad fact that drowning is the second leading cause of unintentional injury related deaths to children under 14 years of age. According to a report issued by the City of Pasadena (California) Fire Department, each year approximately 1,150 children ages 14 and under drown and an estimated 5,000 more are hospitalized due to near-drowning. And, 5 to 20% of children who experience near drowning end up suffering from some severe and permanent impairment. While we do not want to think about the chances of tragedy striking while we enjoy our summer traditions, it is important to take some simple safety precautions to ensure a healthy, happy and safe swim time.
Swimming
1.) Supervise your children at all times when near water. Drowning can occur within a matter of seconds. During large gatherings, assign an adult and a backup to keep an eye on children in and near the water at all times.
2.) Learn how to swim, perform water rescues, and CPR.
3.) Do not rely on lifejackets, floaties, pool toys, or swimming lessons for a child’s water safety.
4.) If you own a personal swimming pool, create barriers between your child and the pool. These can include alarms on doors and windows leading to the water, a non-climbable 5+ foot fence with openings too narrow for even the smallest children to fit through, self-closing and self-latching gates, and pool safety covers. Also, be sure to instruct your babysitter in pool safety.
5.) If a child is missing, check the pool area first. Victims of near drowning can sometimes be resuscitated, but every second counts.
6.) Never swim or supervise young swimmers while under the influence.
Boating
1.) Make sure children wear life jackets at all times. Explain how to use each type of lifejacket available on the boat.
2.) Always operate at a safe speed and at a safe distance from shore and other vessels.
3.) Make sure children stay seated on the boat, especially when it is moving or near other vessels.
4.) Return to shore if rain or storms seem imminent. Weather can change rapidly.
5.) Teach children how to handle boating accidents – stay with the boat, climb into it if possible, and wait for help.
6.) Never boat under the influence.
Parents, for a fun and interactive way to teach your children about water safety, introduce them to Bobber the Water Dog, the mascot of the National Water Safety Program.
There are, of course, many ways to keep children safe and having fun in the water. Do you have any more tips on water safety for children? If so, please share in the comments so we can all have a safe, happy and healthy summer.
Traumatic brain injury is the leading cause of death for Americans under the age of 45. Another traumatic brain injury occurs every 15 seconds, and 5 million Americans suffer from some form of disability caused by traumatic brain injury. Anyone care to guess the leading cause of traumatic brain injury? That’s right - automobile accidents.
Brain injury from whiplash can be particularly damaging to the brain. The sudden acceleration and deceleration of auto accidents can actually twist and damage the delicate nerve fibers that make up brain tissue. These nerve fibers are called axons, and when they’re twisted, stretched, or otherwise damaged, it’s known as diffuse axonal injury.
Whiplash is the main cause of diffuse axonal injury (shaken baby syndrome is another common cause), and it normally renders the victim comatose. However, in some cases, diffuse axonal injury may only cause a brief loss of consciousness. Diffuse axonal injury may be difficult to detect or diagnose; because the damage is on a microscopic level, it’s rarely seen with imaging technologies like MRI or CT scans.
High speed car accidents may also cause another kind of brain damage known as isotropic stress. This occurs when a pressure wave moves through the brain at high speeds, damaging the internal structures of individual brain cells.
Brain damage is not always apparent at first. Some people with traumatic brain injury often feel normal and seem normal after their accident. Later, however - days, weeks, or sometimes months after the accident - the victim or a loved one will notice that something is not quite right. It may be a change in behavior, attitude, gait, vision, or speech patterns. Sometimes, the only sign of brain damage may be ringing in the ear.
Often times, victims of brain injury will not notice that anything is wrong until they return to work after the accident. Then suddenly it becomes apparent that their brain isn’t working the same. Undiagnosed brain injury can result in mistakes at work or even the loss of a job.
Unfortunately, brain injury from whiplash is often overlooked. Brain damage can be difficult to detect - and when victims suffer other serious physical injuries (as is usually the case), they’re understandably more concerned with physical pain than new quirks in personality or behavior.
Loss of consciousness and post-traumatic amnesia are signs that brain damage might have occurred. In general, the longer an accident victim is without consciousness, the more likely they’ve suffered traumatic brain injury. Post-traumatic amnesia refers to a loss of memory about events prior to the accident. In general, longer periods of amnesia indicate more severe brain injury.
If you’ve been the victim in an automobile accident - especially if you lost consciousness or experienced amnesia - then you may have suffered a traumatic brain injury. If someone else caused your accident, then they can be held liable for any damages, such as loss of employment, resulting from your brain injury. But you must act quickly! Evidence of brain injury disappears over time, as does physical evidence related to the accident. Call MLN Law at (404) 531-9700 to get the compensation you deserve.
Brain injury from whiplash can be particularly damaging to the brain. The sudden acceleration and deceleration of auto accidents can actually twist and damage the delicate nerve fibers that make up brain tissue. These nerve fibers are called axons, and when they’re twisted, stretched, or otherwise damaged, it’s known as diffuse axonal injury.
Whiplash is the main cause of diffuse axonal injury (shaken baby syndrome is another common cause), and it normally renders the victim comatose. However, in some cases, diffuse axonal injury may only cause a brief loss of consciousness. Diffuse axonal injury may be difficult to detect or diagnose; because the damage is on a microscopic level, it’s rarely seen with imaging technologies like MRI or CT scans.
High speed car accidents may also cause another kind of brain damage known as isotropic stress. This occurs when a pressure wave moves through the brain at high speeds, damaging the internal structures of individual brain cells.
Brain damage is not always apparent at first. Some people with traumatic brain injury often feel normal and seem normal after their accident. Later, however - days, weeks, or sometimes months after the accident - the victim or a loved one will notice that something is not quite right. It may be a change in behavior, attitude, gait, vision, or speech patterns. Sometimes, the only sign of brain damage may be ringing in the ear.
Often times, victims of brain injury will not notice that anything is wrong until they return to work after the accident. Then suddenly it becomes apparent that their brain isn’t working the same. Undiagnosed brain injury can result in mistakes at work or even the loss of a job.
Unfortunately, brain injury from whiplash is often overlooked. Brain damage can be difficult to detect - and when victims suffer other serious physical injuries (as is usually the case), they’re understandably more concerned with physical pain than new quirks in personality or behavior.
Loss of consciousness and post-traumatic amnesia are signs that brain damage might have occurred. In general, the longer an accident victim is without consciousness, the more likely they’ve suffered traumatic brain injury. Post-traumatic amnesia refers to a loss of memory about events prior to the accident. In general, longer periods of amnesia indicate more severe brain injury.
If you’ve been the victim in an automobile accident - especially if you lost consciousness or experienced amnesia - then you may have suffered a traumatic brain injury. If someone else caused your accident, then they can be held liable for any damages, such as loss of employment, resulting from your brain injury. But you must act quickly! Evidence of brain injury disappears over time, as does physical evidence related to the accident. Call MLN Law at (404) 531-9700 to get the compensation you deserve.
Labels: auto accident, brain injury, car wreck, TBI, traumatic brain injury, whiplash
Locals in La Canada Flintridge, California had complained for years that a certain downhill stretch of the Angeles Crest Highway was a runaway truck hazard. In early April, this danger was brought home to La Canada shoppers in horrifying detail.
It was 5:59pm, the most crowded time of day at a busy shopping center at an equally busy intersection in La Canada Flintridge. Melissa Watkins was working the coffee bar of the Flintridge Bookstore and Coffee House. Hairstylist Sandi Susersky, 41, was alone at the B.S. Hair Co. Server Brandi Sjostrom was waiting tables inside the Hill Street Café. Father and daughter Angel Jorge Posca, 58, and Angelina Posca, 12, were seated in their red car in the shopping center’s parking lot.
All were shocked when a double decker car carrier lost control on the descent from the San Gabriel Mountains and came barreling toward the shopping center. According to Watkins, the behemoth truck was jackknifing as it bounced off obstacles in the parking lot and headed straight for the bookstore, where it finally came to a stop after smashing into the store, punching through the wall, and entering an adjoining nail parlor.
Shoppers fled the scene, but a tragic aftermath followed. Twelve people were injured due to the damage caused by the runaway truck. The Poscas were not so lucky. The truck barreled into their car and pushed it 150 feet, killing both father and daughter.
A document printed by the LA Times revealed that California Transportation (CALTRANS) officials were aware of the problem, but asked for “more time” to finish their investigation of the site before implementing a fix. Even though officials asked for more time, in the letter they went so far as to suggest three concrete steps they could have taken that would have prevented last month’s accident. These include:
• Improving signage to reduce the potential for trucks overheating their brakes
• Restricting through truck traffic on the route
• Restoring gravel median truck arrestors
An accident with similar features took place here in Atlanta in March 2007 when a bus driver driving the baseball team from Bluffton University mistook an exit ramp off I-575 at Northside Drive for a continuation of the HOV lane and drove off a bridge, killing the driver, his wife, and five other passengers. Like what appears to be the case in the La Canada Flintridge wreck, the driver took the exit ramp and made the fatal mistake due to improper signage. The State of Georgia paid out $3 million in total as a settlement to all the crash victims. State tort law limits that amount to $3 million per incident, no matter how many victims suffered.
Have you or someone you know been the victim of an accident due to improper signage or other negligence by state or local government? Call MLN Law at (404) 531-9700 for more information about your options in this serious matter.
For more on this story:
2 Dead, 12 Hurt When Big Rig Loses Control in La Canada Flintridge, LA Times
It was 5:59pm, the most crowded time of day at a busy shopping center at an equally busy intersection in La Canada Flintridge. Melissa Watkins was working the coffee bar of the Flintridge Bookstore and Coffee House. Hairstylist Sandi Susersky, 41, was alone at the B.S. Hair Co. Server Brandi Sjostrom was waiting tables inside the Hill Street Café. Father and daughter Angel Jorge Posca, 58, and Angelina Posca, 12, were seated in their red car in the shopping center’s parking lot.
All were shocked when a double decker car carrier lost control on the descent from the San Gabriel Mountains and came barreling toward the shopping center. According to Watkins, the behemoth truck was jackknifing as it bounced off obstacles in the parking lot and headed straight for the bookstore, where it finally came to a stop after smashing into the store, punching through the wall, and entering an adjoining nail parlor.
Shoppers fled the scene, but a tragic aftermath followed. Twelve people were injured due to the damage caused by the runaway truck. The Poscas were not so lucky. The truck barreled into their car and pushed it 150 feet, killing both father and daughter.
A document printed by the LA Times revealed that California Transportation (CALTRANS) officials were aware of the problem, but asked for “more time” to finish their investigation of the site before implementing a fix. Even though officials asked for more time, in the letter they went so far as to suggest three concrete steps they could have taken that would have prevented last month’s accident. These include:
• Improving signage to reduce the potential for trucks overheating their brakes
• Restricting through truck traffic on the route
• Restoring gravel median truck arrestors
An accident with similar features took place here in Atlanta in March 2007 when a bus driver driving the baseball team from Bluffton University mistook an exit ramp off I-575 at Northside Drive for a continuation of the HOV lane and drove off a bridge, killing the driver, his wife, and five other passengers. Like what appears to be the case in the La Canada Flintridge wreck, the driver took the exit ramp and made the fatal mistake due to improper signage. The State of Georgia paid out $3 million in total as a settlement to all the crash victims. State tort law limits that amount to $3 million per incident, no matter how many victims suffered.
Have you or someone you know been the victim of an accident due to improper signage or other negligence by state or local government? Call MLN Law at (404) 531-9700 for more information about your options in this serious matter.
For more on this story:
2 Dead, 12 Hurt When Big Rig Loses Control in La Canada Flintridge, LA Times
Labels: atlanta, tractor trailer, truck accident, truck wreck
In March 2009, President Obama signed the Christopher and Dana Reeve Paralysis Act, the first legislation specific to the paralysis community. The Act was part of the Omnibus Public Lands Bill and named for the late Christopher Reeve and his wife Dana, who inspired people around the world with their courage in the face of adversity.
Christopher Reeve, star of the popular Superman movies in the 1980s, became paralyzed in an equestrian accident in 1995. For the rest of his life, he lobbied for stem cell research on behalf of those with spinal cord injuries. He created the Christopher Reeve Foundation to speed up paralysis research through funding. Reeve passed away in 2004.
The Christopher and Dana Reeve Paralysis Act was introduced in the Senate by Tom Harkin (D-IA) and received bipartisan support. It will promote research, rehabilitation, and quality-of-life initiatives for the millions of Americans living with spinal cord injuries and paralysis.
Peter Wilderotter, president and CEO of the Reeve Foundation, said, “The Christopher & Dana Reeve Paralysis Act will expedite the search for cures and treatments for millions of Americans living with paralysis caused by spinal cord injury, stroke, MS, Parkinson's and many other diseases and disorders. On behalf of the Reeve Foundation, I would like to express our appreciation of Senator Harkin, who for so many years has devoted his career to others. Senator Harkin has been a wonderful friend to the Reeve family and the Reeve Foundation. People living with paralysis all over this country are celebrating today because of his dedication and commitment to the disability community.”
Wilderotter continued, "In addition to Senator Harkin's efforts, we thank Senators Thad Cochran (R-MS) and Edward Kennedy (D-MA) for initially sponsoring this important health bill. Also, I would like to express our appreciation to Chairman Jeff Bingaman (D-NM) for including the Reeve Act in the Omnibus Public Land Management Act and for his support of the paralysis community. In addition, we express our appreciation to Majority Leader Harry Reid (D-NV) and Majority Whip Dick Durbin (D-IL) for their resolve to bring this bill before the Senate. On January 8, 2009, Congresswomen Tammy Baldwin (D-WI) introduced this Act in the House, along with her colleagues Congressmen Mary Bono Mack (R-CA), Jim Langevin (D-RI) and Gus Bilirakis (R-FL). Their extraordinary leadership and tireless efforts were instrumental in passing this historic legislation."
"Advancements are made every day in spinal cord injury research, but the Christopher and Dana Reeve Paralysis Act will speed progress and make research efforts more efficient," concluded Wilderotter.
The Act has three components which support paralysis research, rehabilitation, and quality-of-life programs:
The Paralysis Research initiative will expand research on paralysis at the National Institutes of Health (NIH) and encourage collaborative research by connecting scientists conducting similar work to further enhance understanding and speed discovery of better treatments and cures. The Paralysis Rehabilitation initiative will build on research to enhance daily function for people with paralysis, including a Clinical Trials Network, to measure effectiveness of certain rehabilitation tactics and encouraging shared findings on paralysis to improve rehabilitation. The Paralysis Quality-of-Life initiative will work with the Centers for Disease Control and Prevention (CDC) to improve the quality of life and long-term health status of persons with paralysis and other physical disabilities.
Christopher Reeve was injured in an equestrian accident, but the leading cause of paralysis, by far, is automobile accidents. Auto accidents account for 44 percent of spinal cord injuries.
If you or someone you love has been paralyzed in an accident which you believe happened due to someone else’s negligence, you may be entitled to monetary compensation. Contact Michael L. Neff at (404) 531-9700 to hold negligent parties accountable for your accident.
Christopher Reeve, star of the popular Superman movies in the 1980s, became paralyzed in an equestrian accident in 1995. For the rest of his life, he lobbied for stem cell research on behalf of those with spinal cord injuries. He created the Christopher Reeve Foundation to speed up paralysis research through funding. Reeve passed away in 2004.
The Christopher and Dana Reeve Paralysis Act was introduced in the Senate by Tom Harkin (D-IA) and received bipartisan support. It will promote research, rehabilitation, and quality-of-life initiatives for the millions of Americans living with spinal cord injuries and paralysis.
Peter Wilderotter, president and CEO of the Reeve Foundation, said, “The Christopher & Dana Reeve Paralysis Act will expedite the search for cures and treatments for millions of Americans living with paralysis caused by spinal cord injury, stroke, MS, Parkinson's and many other diseases and disorders. On behalf of the Reeve Foundation, I would like to express our appreciation of Senator Harkin, who for so many years has devoted his career to others. Senator Harkin has been a wonderful friend to the Reeve family and the Reeve Foundation. People living with paralysis all over this country are celebrating today because of his dedication and commitment to the disability community.”
Wilderotter continued, "In addition to Senator Harkin's efforts, we thank Senators Thad Cochran (R-MS) and Edward Kennedy (D-MA) for initially sponsoring this important health bill. Also, I would like to express our appreciation to Chairman Jeff Bingaman (D-NM) for including the Reeve Act in the Omnibus Public Land Management Act and for his support of the paralysis community. In addition, we express our appreciation to Majority Leader Harry Reid (D-NV) and Majority Whip Dick Durbin (D-IL) for their resolve to bring this bill before the Senate. On January 8, 2009, Congresswomen Tammy Baldwin (D-WI) introduced this Act in the House, along with her colleagues Congressmen Mary Bono Mack (R-CA), Jim Langevin (D-RI) and Gus Bilirakis (R-FL). Their extraordinary leadership and tireless efforts were instrumental in passing this historic legislation."
"Advancements are made every day in spinal cord injury research, but the Christopher and Dana Reeve Paralysis Act will speed progress and make research efforts more efficient," concluded Wilderotter.
The Act has three components which support paralysis research, rehabilitation, and quality-of-life programs:
The Paralysis Research initiative will expand research on paralysis at the National Institutes of Health (NIH) and encourage collaborative research by connecting scientists conducting similar work to further enhance understanding and speed discovery of better treatments and cures. The Paralysis Rehabilitation initiative will build on research to enhance daily function for people with paralysis, including a Clinical Trials Network, to measure effectiveness of certain rehabilitation tactics and encouraging shared findings on paralysis to improve rehabilitation. The Paralysis Quality-of-Life initiative will work with the Centers for Disease Control and Prevention (CDC) to improve the quality of life and long-term health status of persons with paralysis and other physical disabilities.
Christopher Reeve was injured in an equestrian accident, but the leading cause of paralysis, by far, is automobile accidents. Auto accidents account for 44 percent of spinal cord injuries.
If you or someone you love has been paralyzed in an accident which you believe happened due to someone else’s negligence, you may be entitled to monetary compensation. Contact Michael L. Neff at (404) 531-9700 to hold negligent parties accountable for your accident.
Labels: auto accident, back injury, car accidents, car wreck, paralysis, spine, spine injury
According to the US Department of Transportation, someone is in the United States is either injured or killed in a truck accident every 16 minutes, a number that equals out to about 90 accidents per day involving big trucks.
The results of these accidents are all too often deadly. There are over 6,000 estimated fatalities occurring in trucking accidents each year, not to mention the 133,000 injuries reported. And out of those 133,000 injuries, an estimated 26,000 injuries fall into the realm of the catastrophic, including brain injury, paralysis, or amputation.
Unfortunately when trucks and passenger vehicles collide, it is all too common for the injuries or fatalities to occur in the passenger vehicle. Large trucks can tip the scale at up to 80,000 pounds as compared to passenger vehicles’ relatively dainty 3,000 pounds. It’s a sad but true statistic that out of the 6,000 fatalities occurring each year in truck accidents, almost ¾ of the deaths were of occupants in passenger vehicles.
According to a CDC report from 2005 (the latest date this information was available), unintentional injury, led by motor vehicle accidents, were the leading cause of death of people under the age of 44 in the United States.
Common Causes of Truck Accidents
The fact remains that being on the road in the United States is a risky proposition, and the matter is compounded when drivers of tractor trailer trucks are negligent, poorly trained, overtired, or under the influence.
Negligence – Negligence can occur when a driver isn’t paying attention the road, is driving over the speed limit, has overloaded the truck, failed to properly secured heavy loads, has not properly maintained the truck, or has failed to inspect the truck and its contents pre-trip. In essence, truck drivers face potential human errors every day, and when those errors are combined with an 80,000 ton truck, the results can be deadly.
Fatigue – The U.S. National Transportation Safety Board still blames driver fatigue as a probable factor in 20-40% of truck crashes. Though truckers’ driving hours are limited by law, many skirt the issue, whether due to unrealistic expectations of shipping companies or their own desire for more income, which is often earned by the mile. The U.S. National Highway Traffic Safety Administration reports that a tired driver is just as dangerous and causes just as many accidents a driver operating under the influence.
DUI – Anyone holding a commercial driver’s license is subject to drug testing. A study by the Insurance Institute for Traffic Safety randomly tested truck drivers and showed that 15% of all interstate truck drivers had marijuana in their system, 12% had stimulants (non-prescription), 5% had prescription stimulants, 2% had cocaine and less than 1% had alcohol in their system.
Poor Training – Truck driving is a job with high demand and high turnover, which can lead to an influx of inexperienced, and in some cases, poorly trained drivers. Driving a truck takes a lot more skill than driving a passenger car, and poorly trained drivers loose on the roads can be a deadly hazard.
If you have been the victim of a trucking accident in Georgia, you need an aggressive, caring lawyer who will fight for your rights. Call MLN Law at (404) 531-9700 and hold negligent parties accountable for your accident.
The results of these accidents are all too often deadly. There are over 6,000 estimated fatalities occurring in trucking accidents each year, not to mention the 133,000 injuries reported. And out of those 133,000 injuries, an estimated 26,000 injuries fall into the realm of the catastrophic, including brain injury, paralysis, or amputation.
Unfortunately when trucks and passenger vehicles collide, it is all too common for the injuries or fatalities to occur in the passenger vehicle. Large trucks can tip the scale at up to 80,000 pounds as compared to passenger vehicles’ relatively dainty 3,000 pounds. It’s a sad but true statistic that out of the 6,000 fatalities occurring each year in truck accidents, almost ¾ of the deaths were of occupants in passenger vehicles.
According to a CDC report from 2005 (the latest date this information was available), unintentional injury, led by motor vehicle accidents, were the leading cause of death of people under the age of 44 in the United States.
Common Causes of Truck Accidents
The fact remains that being on the road in the United States is a risky proposition, and the matter is compounded when drivers of tractor trailer trucks are negligent, poorly trained, overtired, or under the influence.
Negligence – Negligence can occur when a driver isn’t paying attention the road, is driving over the speed limit, has overloaded the truck, failed to properly secured heavy loads, has not properly maintained the truck, or has failed to inspect the truck and its contents pre-trip. In essence, truck drivers face potential human errors every day, and when those errors are combined with an 80,000 ton truck, the results can be deadly.
Fatigue – The U.S. National Transportation Safety Board still blames driver fatigue as a probable factor in 20-40% of truck crashes. Though truckers’ driving hours are limited by law, many skirt the issue, whether due to unrealistic expectations of shipping companies or their own desire for more income, which is often earned by the mile. The U.S. National Highway Traffic Safety Administration reports that a tired driver is just as dangerous and causes just as many accidents a driver operating under the influence.
DUI – Anyone holding a commercial driver’s license is subject to drug testing. A study by the Insurance Institute for Traffic Safety randomly tested truck drivers and showed that 15% of all interstate truck drivers had marijuana in their system, 12% had stimulants (non-prescription), 5% had prescription stimulants, 2% had cocaine and less than 1% had alcohol in their system.
Poor Training – Truck driving is a job with high demand and high turnover, which can lead to an influx of inexperienced, and in some cases, poorly trained drivers. Driving a truck takes a lot more skill than driving a passenger car, and poorly trained drivers loose on the roads can be a deadly hazard.
If you have been the victim of a trucking accident in Georgia, you need an aggressive, caring lawyer who will fight for your rights. Call MLN Law at (404) 531-9700 and hold negligent parties accountable for your accident.
Labels: tractor trailer, truck accident, truck wreck
Slips, trips, and falls are the most common cause of injury in restaurants among both employees and customers. Think about it . . . Beverages and grease splatter on the floor throughout day, and mopping can make the floor even more slippery. On top of that, simply walking around in most restaurants is an awkward and often dangerous task. The aisles between tables are typically narrow and cramped, and during busy times, servers scurry about carrying large trays of hot food. Considering the environment, it’s a miracle that more people aren’t injured by falling in restaurants.
Each year, three million workers and one million customers are injured due to slips, trips, and falls in restaurants. Slips, trips, and falls account for 27% of all workers’ compensation claims and 39% of all general liability claims in the restaurant industry. For slips, trips, and falls, the average general liability claim cost for restaurants is $3,550.
According to the National Safety Council, slips, trips, and falls are the single largest cause of Emergency Room visits. Sadly, slips and falls cause over 20,000 fatalities in North America each year, and slips and falls are a leading cause of death in the workplace (second only to traffic accident fatalities).
In restaurants, people commonly slip on spilled food and beverages, but may they also trip in pot hot holes in the parking lot, slip on snow or ice in the parking lot, or trip over furniture, floor displays, or other obstructions.
The National Restaurant Association reveals that slips and falls are the greatest source of general liability claims within the restaurant industry. Here are some tips for preventing slips and falls in restaurants as well as what to do if you fall:
Tips for Restaurant Employees:
Tips for Restaurant Guests:
If you’ve been injured due to a slip, trip, or fall in a restaurant, you may be entitled to a personal injury claim. Restaurant owners, managers, and supervisors have a duty to uphold safety standards and warn people about any potential hazards.
When you sustain a personal injury because of a slip, trip, or fall in a restaurant - or any kind of personal injury where another party may be liable - contact The Law Offices of Michael Lawson Neff as soon as possible. If you have any questions, call (404) 531-9700 to schedule your free consultation.
Each year, three million workers and one million customers are injured due to slips, trips, and falls in restaurants. Slips, trips, and falls account for 27% of all workers’ compensation claims and 39% of all general liability claims in the restaurant industry. For slips, trips, and falls, the average general liability claim cost for restaurants is $3,550.
According to the National Safety Council, slips, trips, and falls are the single largest cause of Emergency Room visits. Sadly, slips and falls cause over 20,000 fatalities in North America each year, and slips and falls are a leading cause of death in the workplace (second only to traffic accident fatalities).
In restaurants, people commonly slip on spilled food and beverages, but may they also trip in pot hot holes in the parking lot, slip on snow or ice in the parking lot, or trip over furniture, floor displays, or other obstructions.
The National Restaurant Association reveals that slips and falls are the greatest source of general liability claims within the restaurant industry. Here are some tips for preventing slips and falls in restaurants as well as what to do if you fall:
Tips for Restaurant Employees:
- Make sure that mats and runners are in place in commonly slippery areas.
- Wear slip-resistant shoes.
- Clean up spills immediately, and mark the spill with a sign.
- Conduct frequent inspections of floors.
- Pay attention during safety training.
- Report all slips, trips, and falls to a manager immediately, even if you don’t think you’re injured.
- Get a copy of the incident report.
- Take note of witnesses.
- If you fall, use a quality cell phone camera or disposable camera to take photos of the scene. See your doctor as soon as possible.
Tips for Restaurant Guests:
- Immediately report any spills or floor hazards to a manager.
- Walk slowly and carefully, and keep your eye on fast-moving employees.
- Report all slips, trips, and falls immediately, even if you don’t think you’re injured. Insist on speaking to a manager, and insist that the manager give you a copy of a written incident report.
- If you fall in a restaurant, take photos of the area where you fell if you have a camera or good cell phone camera on you. If you don’t have a camera, borrow one or purchase a disposable camera.
- Write down the names and phone numbers of other people at the scene.
- See your doctor as soon as possible.
- Don’t sign anything unless your attorney reviews it first.
- If you get a call from an insurance claims adjustor, he or she will probably get you to admit fault or partial responsibility. Tell the claims adjustor that you’re represented by an attorney, and you do not have to comment.
The leading causes of falls in restaurants include poor design and layout, poor maintenance, spilled liquids, spilled food, poor housekeeping, and floor obstructions. Poor design may refer to slippery floor coverings, low light, or slopes in floors. Examples of poor maintenance include frayed carpet, broken lights, leaking sinks, untimely ice removal, and broken tables or chairs. Common floor obstructions include floor mats, displays and signs, and shrubbery.If you’ve been injured due to a slip, trip, or fall in a restaurant, you may be entitled to a personal injury claim. Restaurant owners, managers, and supervisors have a duty to uphold safety standards and warn people about any potential hazards.
When you sustain a personal injury because of a slip, trip, or fall in a restaurant - or any kind of personal injury where another party may be liable - contact The Law Offices of Michael Lawson Neff as soon as possible. If you have any questions, call (404) 531-9700 to schedule your free consultation.
Labels: avoiding personal injury, building maintenance, fall, injury attorney, personal injury lawsuits, safety, slip and fall, trip and fall, workers compensation
The Georgia legislative session ended on Friday April 3rd without a definitive ban on cell phone use while driving, even though Republicans introduced a bill to ban the dangerous practice for drivers ages 17 and younger. If Georgia had passed the bill, we would have joined seventeen other states and the District of Columbia in imposing cell phone restrictions on teenaged drivers.
While driving and talking on the cell phone is obviously a danger, lately the news has focused on driving and texting. A study conducted by Nationwide insurance concluded that at least 20% of drivers are sending or receiving text messages while behind the wheel – a truly frightening statistic.
Case in point, a sad incident involving driving and texting made headlines last June in Rochester, NY. Five girls who’d just graduated from high school together were killed in a collision with a tractor trailer. The teen driver of the girls’ vehicle was thought to have been texting at the time of the accident.
As of now, eight states (Alaska, Arkansas, California, Connecticut, Louisiana, Minnesota, New Jersey, Washington and the District of Columbia) have imposed texting bans for all drivers, with just one more adding a cell phone ban for novice drivers such as Georgia lawmakers had proposed. In an interesting side note, the ACLU has gone on record as opposing bans on teen cell phone use, claiming that they single out a particular group and deny them freedoms. Other opponents of similar bills have put forth that cell phone laws will be almost impossible to enforce.
As for the Georgia bill that didn’t make it, Rep. Matt Ramsey (R-Peachtree City), who introduced the measure, said that it would keep teen drivers – and those sharing the road with them – safe from dangerous distractions. A caveat on the bill would have allowed some instances of cell phone use, but only to report dangerous situations or threatening road hazards.
According to the wording of the original bill, violators would have been fined up to $150 for the first offense and received one point on their driving records. Fines and points would have increased with subsequent violations. Drivers found at fault in an accident while violating the law would have had their licenses suspended for 90 days. Second offenders would have lost their licenses for six months. There is no word yet on whether Georgia lawmakers will reintroduce the bill during next year’s session. Currently, Georgia’s only definitive ban on cell phone use while driving applies to school bus drivers.
If you or anyone you know was injured in a car wreck due to a driver’s reckless behavior, you could have legal recourse. Call MLN Law at (404) 531-9700 for more information about your options in this serious matter.
What do you think of a cell phone ban for teen drivers? Are they a safety net or an erosion of freedoms? Do you know anyone who texts and drives?
While driving and talking on the cell phone is obviously a danger, lately the news has focused on driving and texting. A study conducted by Nationwide insurance concluded that at least 20% of drivers are sending or receiving text messages while behind the wheel – a truly frightening statistic.
Case in point, a sad incident involving driving and texting made headlines last June in Rochester, NY. Five girls who’d just graduated from high school together were killed in a collision with a tractor trailer. The teen driver of the girls’ vehicle was thought to have been texting at the time of the accident.
As of now, eight states (Alaska, Arkansas, California, Connecticut, Louisiana, Minnesota, New Jersey, Washington and the District of Columbia) have imposed texting bans for all drivers, with just one more adding a cell phone ban for novice drivers such as Georgia lawmakers had proposed. In an interesting side note, the ACLU has gone on record as opposing bans on teen cell phone use, claiming that they single out a particular group and deny them freedoms. Other opponents of similar bills have put forth that cell phone laws will be almost impossible to enforce.
As for the Georgia bill that didn’t make it, Rep. Matt Ramsey (R-Peachtree City), who introduced the measure, said that it would keep teen drivers – and those sharing the road with them – safe from dangerous distractions. A caveat on the bill would have allowed some instances of cell phone use, but only to report dangerous situations or threatening road hazards.
According to the wording of the original bill, violators would have been fined up to $150 for the first offense and received one point on their driving records. Fines and points would have increased with subsequent violations. Drivers found at fault in an accident while violating the law would have had their licenses suspended for 90 days. Second offenders would have lost their licenses for six months. There is no word yet on whether Georgia lawmakers will reintroduce the bill during next year’s session. Currently, Georgia’s only definitive ban on cell phone use while driving applies to school bus drivers.
If you or anyone you know was injured in a car wreck due to a driver’s reckless behavior, you could have legal recourse. Call MLN Law at (404) 531-9700 for more information about your options in this serious matter.
What do you think of a cell phone ban for teen drivers? Are they a safety net or an erosion of freedoms? Do you know anyone who texts and drives?
Labels: car accidents, driving and texting, Georgia, reckless driving
Jacqueline Saburido, pictured at left three years after her car was hit by a drunk driver, is living proof that not everyone who gets hit by a drunk driver dies. Some victims continue to suffer for many years.On a Sunday morning in 1999, Jacqueline, age 20 at the time, was on her way home from a birthday party with four of her friends. Reggie Stephey, age 18 at the time, was on his way home from drinking beer. Reggie’s SUV crashed into Jacqueline’s Oldsmobile. Two of Jacqueline’s friends died at the scene. Within minutes, the Oldsmobile was engulfed in flames. Jacqueline was pinned inside. Over 60% of her body was severely burned. Nobody thought that Jacqui would live. But she did.
Jacqui lost her fingers, hair, ears, nose, left eyelid, and much of her vision. She has had more than 50 operations since the crash, and she has many more to go.
Reggie was convicted of two counts of intoxication manslaughter for the deaths of Jacqui’s two friends. He was released from prison last year after serving a full seven-year sentence.
Jacqui bravely allowed post-accident photos of herself to be used in media campaigns against drunk driving. She appeared on Oprah in 2003, and Oprah called her “a woman who defines survival.”
Amazingly, Jacqui has publicly forgiven Reggie, even though his drunk driving completely destroyed her life. Oprah said that Jacqui defines “inner beauty.” Jacqui’s story is humbling and inspiring, and it reminds us that drunk driving is a serious crime.
In 2005 alone, there were 16,885 alcohol-related traffic fatalities in the United States; that’s an average of one alcohol-related fatality every 31 minutes. In the same year, there were over 254,000 injuries from alcohol-related accidents; that’s an average of one every two minutes. In 2006, there were 604 alcohol-related highway fatalities in Georgia; this number accounts for nearly one-third of Georgia’s total fatalities.
One bad decision - drinking and driving just one time - can destroy a life. Please don’t drink and drive.
If you or a loved one has been injured by a drunk driver, contact The Law Offices of Michael L. Neff as soon as possible. We must act quickly to investigate the accident and preserve evidence.
We aggressively pursue irresponsible drunk drivers and hold them accountable to the full extent of the law. As a victim, you can sue for negligence and punitive damages. You can punish the irresponsible behavior on the part of the drunk driver - and Jacqui Saburido would agree that you should punish such behavior. Too many innocent people have been victims of drunk drivers.
You may also be able to sue the liquor store, bar, or restaurant that served the drunk driver. For example, if a restaurant served someone who was obviously intoxicated, then you can also hold the restaurant accountable for your injuries.
If you’ve been injured by a drunk driver, call (404) 531-9700 to schedule your free consultation with Michael Lawson Neff.
Labels: accident, car crashes, car wreck, drunk driver, drunk driving, DUI
A blood test routinely used in Europe to detect traumatic brain injuries may be making some headway in the US. According to the authors of two recent medical studies, the S-100B serum protein biomarker increases rapidly after an injury. If measured within four hours of the injury, the S-100B test can accurately predict which head injury patients will suffer a traumatic abnormality. With head injuries in the news lately, the test is gaining some momentum in the U.S. medical community.
“News stories about tragic head injuries - from the death of actress Natasha Richardson to brain-injured Iraq war soldiers and young athletes - certainly underscore the need for a simpler, faster, accurate screening tool, said brain injury expert Jeffrey Bazarian, M.D., M.P.H., on the site MedicalNews.com. Bazarian is an associate professor of Emergency Medicine, Neurology and Neurosurgery at the University of Rochester Medical Center, and a co-author on both recent studies.
Currently, the CT scan is still the most accepted method of diagnosing traumatic brain injury in the U.S. The S-100B test, though, is much faster, taking about 20 minutes to get results and could spare many patients unnecessary radiation exposure from a CT scan.
According to MedicalNews.com, there are more than 1 million emergency room visits annually for traumatic brain injury (TBI) in the U.S. The majority of these visits are for mild injuries, primarily the results of falls and motor vehicle crashes. According to the site, the challenge for doctors is to identify which of these patients has an acute, traumatic intracranial injury, something that is not always evident, and which patients can be observed and sent home.
The recent tragic death of Natasha Richardson is one example of just such a tough clinical decision. Richardson suffered from “Talk and Die” syndrome, where, though her traumatic brain injury was not immediately apparent, she soon succumbed to intracranial injuries.
According to Bazarian’s colleague, Brian J. Blythe, M.D., the S-100B test can tell doctors critical information about how the blood-brain barrier (BBB) is functioning after a head injury. In head injuries, the BBB is a gate between the brain and peripheral circulation. This gate sometimes, but not always, opens after a traumatic brain injury. Knowing the gate’s status allows doctors to determine whether medications given will actually reach and repair the brain damage. Further, if the brain swells after damage, doctors only have a very small window of time to administer proper treatment. Though, according to Bazarian, not a cure all, the S-100B, test with its 20 minute results time, would be an effective diagnostic tool when doctors have to make tough decisions about traumatic brain injuries.
If you or anyone you know in Georgia has experienced ill-effects, up to and including death, as the result of a traumatic brain injury, you may have legal recourse. Call MLN Law at (404) 531-9700 for more information.
For more on this story:
Blood Test for Brain Injuries Gains Momentum, Medical News Today
“News stories about tragic head injuries - from the death of actress Natasha Richardson to brain-injured Iraq war soldiers and young athletes - certainly underscore the need for a simpler, faster, accurate screening tool, said brain injury expert Jeffrey Bazarian, M.D., M.P.H., on the site MedicalNews.com. Bazarian is an associate professor of Emergency Medicine, Neurology and Neurosurgery at the University of Rochester Medical Center, and a co-author on both recent studies.
Currently, the CT scan is still the most accepted method of diagnosing traumatic brain injury in the U.S. The S-100B test, though, is much faster, taking about 20 minutes to get results and could spare many patients unnecessary radiation exposure from a CT scan.
According to MedicalNews.com, there are more than 1 million emergency room visits annually for traumatic brain injury (TBI) in the U.S. The majority of these visits are for mild injuries, primarily the results of falls and motor vehicle crashes. According to the site, the challenge for doctors is to identify which of these patients has an acute, traumatic intracranial injury, something that is not always evident, and which patients can be observed and sent home.
The recent tragic death of Natasha Richardson is one example of just such a tough clinical decision. Richardson suffered from “Talk and Die” syndrome, where, though her traumatic brain injury was not immediately apparent, she soon succumbed to intracranial injuries.
According to Bazarian’s colleague, Brian J. Blythe, M.D., the S-100B test can tell doctors critical information about how the blood-brain barrier (BBB) is functioning after a head injury. In head injuries, the BBB is a gate between the brain and peripheral circulation. This gate sometimes, but not always, opens after a traumatic brain injury. Knowing the gate’s status allows doctors to determine whether medications given will actually reach and repair the brain damage. Further, if the brain swells after damage, doctors only have a very small window of time to administer proper treatment. Though, according to Bazarian, not a cure all, the S-100B, test with its 20 minute results time, would be an effective diagnostic tool when doctors have to make tough decisions about traumatic brain injuries.
If you or anyone you know in Georgia has experienced ill-effects, up to and including death, as the result of a traumatic brain injury, you may have legal recourse. Call MLN Law at (404) 531-9700 for more information.
For more on this story:
Blood Test for Brain Injuries Gains Momentum, Medical News Today
Labels: solid medical advice, traumatic brain injury
Before May 3, 2008, 17-year-old Kate Evans lived a fairly normal teenaged life. She was a junior at Masconomet High in Topsfield, Massachusetts where she played as a defender on the lacrosse team. She drove a hybrid and was preparing to take her SAT. But on that May night, after a test prep study session at a friend’s house, her 2005 Toyota Prius spun out on the wet road, hydroplaning. The resulting accident and injuries stole almost a year of Kate Evans’ life.
The call Kate’s parents received after midnight on that May night was every parent’s nightmare come true. Kate was being flown to Boston Medical Center, and the extent of her injuries was unknown.
“I was emotionally crippled for a moment of time. It was touch-and-go for three days, where she was on life support and in a coma,” said Kate’s mother, Karen Evans, in an interview on a local news site.
Kate’s family waited at the hospital for the doctors to determine the extent of Kate’s injuries and offer a prognosis. They only knew she had suffered a traumatic brain injury and that a piece of metal was embedded in the side of Kate’s face, a shard that, if removed, could cause paralysis of the facial nerves.
Kate slept for three weeks. While she was out, the doctors finally diagnosed her with a diffuse axonal injury. Diffuse axonal injuries are among the most common traumatic brain injuries, occurring in approximately half of sufferers. Instead of concentrating in a single area of the brain (i.e. a focal brain injury), they occur over a widespread area. Or, as Karen Evans put it, ““It’s like if you take three different forms of Jell-o and swung it around so it’s all meshed into one.” Later, when Kate was finally allowed to go home, she recalls holding a shampoo bottle, sobbing as she realized that she was physically unable to remove its cap.
But fortunately, Kate’s story has a happy ending. She made the decision to power through her therapy, earning her the nickname “Diesel.” And on March 31st, less than a year after the injury that almost literally turned her brain to Jell-o, Kate Evans was back on the lacrosse field for her first game of the year.
Beyond her triumphant lacrosse return, Kate is now choosing between her two top choice colleges, where she plans to go into interior design. Kate Evans is a role model – a young woman who did not let incredible obstacles stop her from carrying on with her promising life.
As medical science advances, more and more traumatic brain injury stories will end like Kate Evans’. Until that time, if you have suffered an accident resulting in a traumatic brain injury, you may have legal rights. Call MLN Law at (404) 531-9700 and speak with an aggressive, caring lawyer who can help.
For more on this story:
Kate Evans returns from traumatic injuries to the Chieftains girls lacrosse team, WickedLocal.com
Diffuse Axonal Injury, BrainandSpinalCord.com
The call Kate’s parents received after midnight on that May night was every parent’s nightmare come true. Kate was being flown to Boston Medical Center, and the extent of her injuries was unknown.
“I was emotionally crippled for a moment of time. It was touch-and-go for three days, where she was on life support and in a coma,” said Kate’s mother, Karen Evans, in an interview on a local news site.
Kate’s family waited at the hospital for the doctors to determine the extent of Kate’s injuries and offer a prognosis. They only knew she had suffered a traumatic brain injury and that a piece of metal was embedded in the side of Kate’s face, a shard that, if removed, could cause paralysis of the facial nerves.
Kate slept for three weeks. While she was out, the doctors finally diagnosed her with a diffuse axonal injury. Diffuse axonal injuries are among the most common traumatic brain injuries, occurring in approximately half of sufferers. Instead of concentrating in a single area of the brain (i.e. a focal brain injury), they occur over a widespread area. Or, as Karen Evans put it, ““It’s like if you take three different forms of Jell-o and swung it around so it’s all meshed into one.” Later, when Kate was finally allowed to go home, she recalls holding a shampoo bottle, sobbing as she realized that she was physically unable to remove its cap.
But fortunately, Kate’s story has a happy ending. She made the decision to power through her therapy, earning her the nickname “Diesel.” And on March 31st, less than a year after the injury that almost literally turned her brain to Jell-o, Kate Evans was back on the lacrosse field for her first game of the year.
Beyond her triumphant lacrosse return, Kate is now choosing between her two top choice colleges, where she plans to go into interior design. Kate Evans is a role model – a young woman who did not let incredible obstacles stop her from carrying on with her promising life.
As medical science advances, more and more traumatic brain injury stories will end like Kate Evans’. Until that time, if you have suffered an accident resulting in a traumatic brain injury, you may have legal rights. Call MLN Law at (404) 531-9700 and speak with an aggressive, caring lawyer who can help.
For more on this story:
Kate Evans returns from traumatic injuries to the Chieftains girls lacrosse team, WickedLocal.com
Diffuse Axonal Injury, BrainandSpinalCord.com
Labels: traumatic brain injury
A superior court judge has awarded a San Mateo, California woman $45 million in a civil suit filed over a car accident that left her a quadriplegic.
Before the tragic car accident that took the use of her limbs, Tricia Roth, then 41, enjoyed swimming, horseback riding and ballroom dancing. On the morning of September 11, 2006 she was driving her Volvo when, according to her attorney, a red Chevrolet pickup ran a stoplight and slammed into the front passenger side of her car at about 40 mph. The force of the impact threw her around the car, breaking her neck. When emergency responders arrived on the scene, Roth was unable to move.
The pain and suffering experienced by Roth and her husband, a scientist who has become a "near full-time" caregiver to his wife, was estimated by the plaintiff's attorney at $20 million. Another reason for the large amount of the award is due to the fact that Roth has now lost her future potential earnings as a software engineer.
At the wheel of the red pickup truck that caused Roth’s accident was Roman Pantoja, 72, owner of the family business Division 1 All Service, a small demolition and hauling firm. The truck he drove was one of their company vehicles. The multimillion-dollar judgment holds Pantoja and his South San Francisco-based company accountable for the accident. The intended targets of the civil suit, though, are Pantoja’s two insurance companies. According to Roth’s attorney, Mary Alexander, both companies, Lincoln General Insurance Co. and Colony Insurance have refused to defend Pantoja. The claim that they are not responsible for Roth’s massive injuries because Pantoja was not actually driving the truck for work related purposes at the time of the accident, though the court later determined that Pantoja was likely using the truck to pick up company supplies. Alexander has reported that she plans to sue both insurance companies for bad faith.
If you or someone you know has been injured in an automobile accident, and the insurance company refuses to pay, you should contact an attorney immediately. You may be entitled to economic and non-economic damages, and an experienced attorney knows how to deal with the insurance companies to get you the settlement you deserve.
In cases such as Tricia Roth’s, it is a shame that her attorney has to go as far as suing the insurance companies ,but unfortunately, incidents like that one of all too common. A 2008 report by the American Association of Justice explained how an increasing number of insurers have “...endeavored to deny claims, delay payments, confuse consumers with incomprehensible insurance-speak, and retroactively refuse anyone who may cost them money.”
Don’t let insurance companies get away with denying your rightful claim. Call MLN Law at (404) 531-9700 for more information about your rights.
For more on this story:
Woman Paralyzed in Crash Gets $45 million, San Francisco Chronicle
Before the tragic car accident that took the use of her limbs, Tricia Roth, then 41, enjoyed swimming, horseback riding and ballroom dancing. On the morning of September 11, 2006 she was driving her Volvo when, according to her attorney, a red Chevrolet pickup ran a stoplight and slammed into the front passenger side of her car at about 40 mph. The force of the impact threw her around the car, breaking her neck. When emergency responders arrived on the scene, Roth was unable to move.
The pain and suffering experienced by Roth and her husband, a scientist who has become a "near full-time" caregiver to his wife, was estimated by the plaintiff's attorney at $20 million. Another reason for the large amount of the award is due to the fact that Roth has now lost her future potential earnings as a software engineer.
At the wheel of the red pickup truck that caused Roth’s accident was Roman Pantoja, 72, owner of the family business Division 1 All Service, a small demolition and hauling firm. The truck he drove was one of their company vehicles. The multimillion-dollar judgment holds Pantoja and his South San Francisco-based company accountable for the accident. The intended targets of the civil suit, though, are Pantoja’s two insurance companies. According to Roth’s attorney, Mary Alexander, both companies, Lincoln General Insurance Co. and Colony Insurance have refused to defend Pantoja. The claim that they are not responsible for Roth’s massive injuries because Pantoja was not actually driving the truck for work related purposes at the time of the accident, though the court later determined that Pantoja was likely using the truck to pick up company supplies. Alexander has reported that she plans to sue both insurance companies for bad faith.
If you or someone you know has been injured in an automobile accident, and the insurance company refuses to pay, you should contact an attorney immediately. You may be entitled to economic and non-economic damages, and an experienced attorney knows how to deal with the insurance companies to get you the settlement you deserve.
In cases such as Tricia Roth’s, it is a shame that her attorney has to go as far as suing the insurance companies ,but unfortunately, incidents like that one of all too common. A 2008 report by the American Association of Justice explained how an increasing number of insurers have “...endeavored to deny claims, delay payments, confuse consumers with incomprehensible insurance-speak, and retroactively refuse anyone who may cost them money.”
Don’t let insurance companies get away with denying your rightful claim. Call MLN Law at (404) 531-9700 for more information about your rights.
For more on this story:
Woman Paralyzed in Crash Gets $45 million, San Francisco Chronicle
Labels: car accidents, injury settlements
CNA has released a report for business property owners “Slip and Fall Control Techniques for Commercial Real Estate Owners” which states that the aging boomer population are more likely to trip or slip and fall and suffer injury.
The article reminds owners and property managers that they are responsible when people are injured due to negligent construction or maintenance - and gives advice on how to prevent injuries from falls.
These aren't insignificant injuries. The report states: "Without question, slips and falls are the leading cause of nonfatal unintentional injuries that are treat in hospital emergency departments."
There are five major causes for slip-and-fall accidents:
1. Lack of slip resistance on walking surfaces
2. Poor walking surface conditions
3. Poor visibility
4. Lack or poor condition of handrails and guardrails
5. Poor accessibility
A copy of the report can be found at
The article reminds owners and property managers that they are responsible when people are injured due to negligent construction or maintenance - and gives advice on how to prevent injuries from falls.
These aren't insignificant injuries. The report states: "Without question, slips and falls are the leading cause of nonfatal unintentional injuries that are treat in hospital emergency departments."
There are five major causes for slip-and-fall accidents:
1. Lack of slip resistance on walking surfaces
2. Poor walking surface conditions
3. Poor visibility
4. Lack or poor condition of handrails and guardrails
5. Poor accessibility
A copy of the report can be found at
Labels: negligence, personal injury, slip and fall, trip and fall
A Burger King franchise in Southern California is paying $20 million to the parents of a young boy who suffered permanent brain injuries after a fall on the restaurant’s playground.
In August 2005, Kevin Buckett thought he would take his two children, 8-year-old Jacob Buckett and a younger daughter, for an innocuous visit to play on Burger King’s colorful and inviting playground. Soon, Jacob was climbing the horizontal support poles of the outdoor playground equipment when he suddenly lost his grip, fell to the ground and hit his head on the tile floor below. Jacob’s father was quoted on an MSN.com story as saying, the noise sounded “as if you took a bowling ball and dropped it about ten feet on the floor.”
As a result of the fall, Jacob suffered a traumatic brain injury which has left him with permanent physical and mental impairment. Today, at 12-years-old, Jacob has the maturity level of a boy of no more than six. He suffers from partial paralysis and severe emotional and cognitive problems. He is unable to go to the bathroom alone, and is prone to frustration and violent temper tantrums. His devastated parents fear for his future.
According to MSN.com, “the multi-million dollar settlement will pay for Jacob's enormous medical bills, 24-hour attendant care and ongoing rehabilitation therapies.”
In the lawsuit, the Bucketts charged that Burger King was responsible for Jacob’s accident under the auspices of “ostensible agency,” meaning that they relied on the company for a safe product. In the suit, they faulted the chain for having no oversight or inspections to ensure its franchises followed playground safety standards.
Attorneys for the Burger King Corporation and franchise owners the Breckenridge Group countered that Jacob ‘s father, Kevin Buckett, was in charge of the boy’s safety on the playground. They further insisted that the company had complied with the national playground safety standards set by the American Society for Testing and Materials.
Three years later, the company had still failed to post safety notices or retrofit the structure for safety. According to the Bucketts attorney Chris Atkins, Burger King did take a lesson from Jacob’s tragedy and implement a safety inspection system. This came after Atkins scored a crushing blow against the defense’s argument when he screened surveillance tape showing children regularly being allowed to misuse the playground’s structures in the same manner that had caused Jacob’s fall.
It is critical that parents never assume that playgrounds at restaurants, though they may be brightly colored and tempting to children, are completely safe. The Center for Disease Control and Prevention (CDC) reports that emergency rooms treat more than 200,000 children every year for playground-related injuries. If your child has been injured on a fast food restaurant playground or in another place that should have ensured their safety, we can help. Call MLN Law at (404) 531-9700 for more information about your rights.
For more on this story:
Dangerous Playgrounds, MSN.com
In August 2005, Kevin Buckett thought he would take his two children, 8-year-old Jacob Buckett and a younger daughter, for an innocuous visit to play on Burger King’s colorful and inviting playground. Soon, Jacob was climbing the horizontal support poles of the outdoor playground equipment when he suddenly lost his grip, fell to the ground and hit his head on the tile floor below. Jacob’s father was quoted on an MSN.com story as saying, the noise sounded “as if you took a bowling ball and dropped it about ten feet on the floor.”
As a result of the fall, Jacob suffered a traumatic brain injury which has left him with permanent physical and mental impairment. Today, at 12-years-old, Jacob has the maturity level of a boy of no more than six. He suffers from partial paralysis and severe emotional and cognitive problems. He is unable to go to the bathroom alone, and is prone to frustration and violent temper tantrums. His devastated parents fear for his future.
According to MSN.com, “the multi-million dollar settlement will pay for Jacob's enormous medical bills, 24-hour attendant care and ongoing rehabilitation therapies.”
In the lawsuit, the Bucketts charged that Burger King was responsible for Jacob’s accident under the auspices of “ostensible agency,” meaning that they relied on the company for a safe product. In the suit, they faulted the chain for having no oversight or inspections to ensure its franchises followed playground safety standards.
Attorneys for the Burger King Corporation and franchise owners the Breckenridge Group countered that Jacob ‘s father, Kevin Buckett, was in charge of the boy’s safety on the playground. They further insisted that the company had complied with the national playground safety standards set by the American Society for Testing and Materials.
Three years later, the company had still failed to post safety notices or retrofit the structure for safety. According to the Bucketts attorney Chris Atkins, Burger King did take a lesson from Jacob’s tragedy and implement a safety inspection system. This came after Atkins scored a crushing blow against the defense’s argument when he screened surveillance tape showing children regularly being allowed to misuse the playground’s structures in the same manner that had caused Jacob’s fall.
It is critical that parents never assume that playgrounds at restaurants, though they may be brightly colored and tempting to children, are completely safe. The Center for Disease Control and Prevention (CDC) reports that emergency rooms treat more than 200,000 children every year for playground-related injuries. If your child has been injured on a fast food restaurant playground or in another place that should have ensured their safety, we can help. Call MLN Law at (404) 531-9700 for more information about your rights.
For more on this story:
Dangerous Playgrounds, MSN.com
Labels: premises liability
A St. Patrick’s Day tractor trailer accident along I-80 near Bloomsburg, Pennsylvania left one person dead and one injured in what appears to be a case of reckless driving on the part of the truck driver.
The incident took place while Gary Curry, 46, his wife Jessica, and his friend Dustin Snyder, 19, were trying to push the Curry’s broken down SUV off a bridge. Curry and Snyder pushed while wife Jessica sat in the vehicle and steered. In an interview with MSNBC.com, Curry said that they were out of the flow of traffic and many cars and several tractor trailers had passed the trio by without incident.
Then suddenly a tractor trailer truck was barreling down on them.
“I see that big red truck coming right at us. That’s all I see. I close my eyes and that's all I see is that truck,” Curry told a local reporter. He also said that the driver, 47-year-old William Marvin of Watertown, NY, did not even slow down until the very last second, but by then, it was too late.
“It didn’t even look like he touched the brakes,” said Curry. The tractor trailer crashed into the SUV, with Curry’s wife inside, and the collision was so jarring that the tractor trailer burst into flames. Jessica Curry was taken to the hospital with head and neck injuries but later released. The truck driver, William Marvin, did not survive the crash.
At this time there has been no word from Pennsylvania State Troopers on why Marvin failed to see the Currys and Snyder along the side of I-80. Curry speculated that Marvin was possibly using the cell phone or CB.
So far there has been no evidence to support that Marvin was breaking the law or federal trucking regulations that day, but for many truckers, fatigue is a daunting problem.
Due to the amount of destruction they can cause, Federal and State rules place strict restrictions on truck drivers – including the amount of time they can spend on the road between breaks. The rules are meant to combat driver fatigue, but unfortunately, they are not always followed. According to data from the National Transportation Safety Board, as many as 30 to 40 percent of heavy truck accidents may be related to truck driver fatigue.
In a 2006 Gainesville Sun article called, “Trucks, Tired Drivers Can be Deadly Mix,” several truck drivers admitted to abuse of federal rules and regulations within the industry. According to the truckers, driving while fatigued is a systemic problem, with shipping companies demanding goods on tight schedules and truckers, who are paid by the mile, feeling it necessary to drive as long and far as possible in the stretch of a day in order to make a competitive income. Unfortunately, it is often innocents who pay the price for these failures.
If you or someone you know has been injured in a tractor trailer accident in Georgia, you may have legal recourse. Call MLN Law at (404) 531-9700 for more information about your rights.
For more on this story:
Trucks, Tired Drivers Can be Deadly Mix, Gainesville Sun
The incident took place while Gary Curry, 46, his wife Jessica, and his friend Dustin Snyder, 19, were trying to push the Curry’s broken down SUV off a bridge. Curry and Snyder pushed while wife Jessica sat in the vehicle and steered. In an interview with MSNBC.com, Curry said that they were out of the flow of traffic and many cars and several tractor trailers had passed the trio by without incident.
Then suddenly a tractor trailer truck was barreling down on them.
“I see that big red truck coming right at us. That’s all I see. I close my eyes and that's all I see is that truck,” Curry told a local reporter. He also said that the driver, 47-year-old William Marvin of Watertown, NY, did not even slow down until the very last second, but by then, it was too late.
“It didn’t even look like he touched the brakes,” said Curry. The tractor trailer crashed into the SUV, with Curry’s wife inside, and the collision was so jarring that the tractor trailer burst into flames. Jessica Curry was taken to the hospital with head and neck injuries but later released. The truck driver, William Marvin, did not survive the crash.
At this time there has been no word from Pennsylvania State Troopers on why Marvin failed to see the Currys and Snyder along the side of I-80. Curry speculated that Marvin was possibly using the cell phone or CB.
So far there has been no evidence to support that Marvin was breaking the law or federal trucking regulations that day, but for many truckers, fatigue is a daunting problem.
Due to the amount of destruction they can cause, Federal and State rules place strict restrictions on truck drivers – including the amount of time they can spend on the road between breaks. The rules are meant to combat driver fatigue, but unfortunately, they are not always followed. According to data from the National Transportation Safety Board, as many as 30 to 40 percent of heavy truck accidents may be related to truck driver fatigue.
In a 2006 Gainesville Sun article called, “Trucks, Tired Drivers Can be Deadly Mix,” several truck drivers admitted to abuse of federal rules and regulations within the industry. According to the truckers, driving while fatigued is a systemic problem, with shipping companies demanding goods on tight schedules and truckers, who are paid by the mile, feeling it necessary to drive as long and far as possible in the stretch of a day in order to make a competitive income. Unfortunately, it is often innocents who pay the price for these failures.
If you or someone you know has been injured in a tractor trailer accident in Georgia, you may have legal recourse. Call MLN Law at (404) 531-9700 for more information about your rights.
For more on this story:
Trucks, Tired Drivers Can be Deadly Mix, Gainesville Sun
Labels: tractor trailer, truck accident, truck wreck
According to a recent Philadelphia Daily News story, “David Schreffler spent the last moments of his life pinned inside his 1997 Infiniti Q45 with a massive tractor-trailer mounted on top of his car.” Little did Schreffler, 49, of Fort Washington, Pennsylvania know when he hit a slow spot in traffic on Pennsylvania’s Schuylkill Expressway that day that due to negligence on the part of a truck mechanic, he would soon lose his life. A father of three, Schreffler died at the scene of the accident where a tractor trailer mounted his car and crashed into three others. His passenger, Joseph Maylish, 53, suffered injuries in the wreck.
The truck’s driver, Valerijs Belovs, told the Pennsylvania State Patrol that he had been travelling about 45 miles per hour due to the stop and go traffic. When traffic slowed, Belovs reported, he pushed the brake and nothing happened.
Now Belovs, and two accomplices, Victor Kalinitchii, the co-owner of the tractor trailer, and Joseph Jadczak, a garage owner, are all facing charges of homicide by vehicle, involuntary manslaughter, recklessly endangering another person, and related offenses.
Jadczak is accused of a deeply troubling crime – issuing a fraudulent inspection sticker for the truck, even though Belovs had been cited four times for faulty brakes by numerous states in which he had been pulled over for motor carrier compliance checks. Adding to his lack of credibility, he had also been cited numerous times for falsifying his log book.
According to the mechanic who carried out the post-crash inspection, the brakes on the truck were defective. Said the mechanic, "Had a true, proper, and complete safety inspection been conducted the brake deficiencies would have been discovered and the vehicle would have been either repaired or failed the safety inspection and not been permitted to operate on the highway." In fact, three of the truck’s 10 brake assemblies had failed completely and the others were all in dangerous shape.
In effect, due to fraud and negligence, an 18-wheeler without proper stopping power had been travelling the freeways of at least six states.
What is worse, when authorities arrived at Jadczak’s garage to question him, they witnessed the mechanic allegedly giving another truck driver a fraudulent inspection sticker despite not actually performing the inspection. Authorities are now requiring over 300 trucks inspected at Jadczak’s garage to obtain new inspections.
Over 5,000 people are killed every year in the United States in trucking accidents. Many of these are through negligence, fatigue or other driver error. Someone like Joseph Jadczak, who takes it upon himself to issues false safety inspection stickers, can greatly contribute to that number.
If you or someone you know has been injured in a tractor trailer accident in Georgia, you may have legal recourse. It is important to find out if the truck’s inspection was up to date and carried out in a legal way. Call MLN Law at (404) 531-9700 for more information about your rights after an accident with a tractor trailer.
The truck’s driver, Valerijs Belovs, told the Pennsylvania State Patrol that he had been travelling about 45 miles per hour due to the stop and go traffic. When traffic slowed, Belovs reported, he pushed the brake and nothing happened.
Now Belovs, and two accomplices, Victor Kalinitchii, the co-owner of the tractor trailer, and Joseph Jadczak, a garage owner, are all facing charges of homicide by vehicle, involuntary manslaughter, recklessly endangering another person, and related offenses.
Jadczak is accused of a deeply troubling crime – issuing a fraudulent inspection sticker for the truck, even though Belovs had been cited four times for faulty brakes by numerous states in which he had been pulled over for motor carrier compliance checks. Adding to his lack of credibility, he had also been cited numerous times for falsifying his log book.
According to the mechanic who carried out the post-crash inspection, the brakes on the truck were defective. Said the mechanic, "Had a true, proper, and complete safety inspection been conducted the brake deficiencies would have been discovered and the vehicle would have been either repaired or failed the safety inspection and not been permitted to operate on the highway." In fact, three of the truck’s 10 brake assemblies had failed completely and the others were all in dangerous shape.
In effect, due to fraud and negligence, an 18-wheeler without proper stopping power had been travelling the freeways of at least six states.
What is worse, when authorities arrived at Jadczak’s garage to question him, they witnessed the mechanic allegedly giving another truck driver a fraudulent inspection sticker despite not actually performing the inspection. Authorities are now requiring over 300 trucks inspected at Jadczak’s garage to obtain new inspections.
Over 5,000 people are killed every year in the United States in trucking accidents. Many of these are through negligence, fatigue or other driver error. Someone like Joseph Jadczak, who takes it upon himself to issues false safety inspection stickers, can greatly contribute to that number.
If you or someone you know has been injured in a tractor trailer accident in Georgia, you may have legal recourse. It is important to find out if the truck’s inspection was up to date and carried out in a legal way. Call MLN Law at (404) 531-9700 for more information about your rights after an accident with a tractor trailer.
Labels: tractor trailer, truck wreck, trucking
Atlanta police recently arrested a suspect who they believe to be responsible for four rapes or sexual assaults in the Atlanta neighborhoods of Buckhead, Vinings, and Midtown. According to police reports, the assaults had one peculiar element in common – most or all of them took place in gated apartment complexes.
The Atlanta Journal Constitution published details from the police reports on each case:
The first assault took place on August 18, 2008 at 3:30am when the attacker accosted a 21-year-old woman walking to her apartment in a Buckhead complex on 26th Street. After she opened a stairwell door, the attacker approached her from behind, wrapped a towel around her head, and pushed a gun to her back. From there, he walked her to the apartment complex’s pool area where he forced her to get into a fountain and removed her pants before fondling her, police reported.
The second attack took place on Armour Drive in Buckhead on October 27, 2008. This time, the man wore a “Jason” hockey mask (from the “Friday the 13th” movies), and attacked the victim, a 40-year-old woman, by jumping out from behind a vehicle. He struck the victim several times in the head and forced her to the end of a hallway where he put a sock in her mouth, duct-taped her hands together, and fondled and raped her.
The third assault occurred at 9 a.m. on Dec. 30, at an apartment complex in the 4400 block of Northside Parkway, in the Vinings area. A 24-year-old woman on her way to work was accosted from behind by a man who forced her into her garage, according to a police report. He put duct tape over the woman’s mouth, threw a pillow over her head and raped her.
Thankfully, a fourth potential victim was able to escape the attacker. The 27-year-old woman was leaving her apartment on Canterbury Road in Buckhead when the attacker picked her up and covered her mouth. She was able to escape by fighting back, and later gave the police some identifying details about the suspect’s car.
Victims of crime at apartment complexes could have legal recourse. In most cases, premises are required by Georgia law to make reasonable efforts to protect people who are lawfully on their premises from crime. A tenant at an apartment complex would fit this description. In cases like this, the court must examine the history of prior criminal activity on and around the premises to determine the foreseeability of the act in question. From there, a jury will determine the owner’s liability for a criminal action.
Issues such as lighting, security measures, and proper notification protocol also factor into this equation. For example, once police announced that a serial rapist was targeting gated apartment complexes, some gated complexes in Buckhead posted warnings to residents.
If you or someone you know has been the victim of a crime at an apartment complex in Georgia, call MLN Law at (404) 531-9700 for more information on your rights.
The Atlanta Journal Constitution published details from the police reports on each case:
The first assault took place on August 18, 2008 at 3:30am when the attacker accosted a 21-year-old woman walking to her apartment in a Buckhead complex on 26th Street. After she opened a stairwell door, the attacker approached her from behind, wrapped a towel around her head, and pushed a gun to her back. From there, he walked her to the apartment complex’s pool area where he forced her to get into a fountain and removed her pants before fondling her, police reported.
The second attack took place on Armour Drive in Buckhead on October 27, 2008. This time, the man wore a “Jason” hockey mask (from the “Friday the 13th” movies), and attacked the victim, a 40-year-old woman, by jumping out from behind a vehicle. He struck the victim several times in the head and forced her to the end of a hallway where he put a sock in her mouth, duct-taped her hands together, and fondled and raped her.
The third assault occurred at 9 a.m. on Dec. 30, at an apartment complex in the 4400 block of Northside Parkway, in the Vinings area. A 24-year-old woman on her way to work was accosted from behind by a man who forced her into her garage, according to a police report. He put duct tape over the woman’s mouth, threw a pillow over her head and raped her.
Thankfully, a fourth potential victim was able to escape the attacker. The 27-year-old woman was leaving her apartment on Canterbury Road in Buckhead when the attacker picked her up and covered her mouth. She was able to escape by fighting back, and later gave the police some identifying details about the suspect’s car.
Victims of crime at apartment complexes could have legal recourse. In most cases, premises are required by Georgia law to make reasonable efforts to protect people who are lawfully on their premises from crime. A tenant at an apartment complex would fit this description. In cases like this, the court must examine the history of prior criminal activity on and around the premises to determine the foreseeability of the act in question. From there, a jury will determine the owner’s liability for a criminal action.
Issues such as lighting, security measures, and proper notification protocol also factor into this equation. For example, once police announced that a serial rapist was targeting gated apartment complexes, some gated complexes in Buckhead posted warnings to residents.
If you or someone you know has been the victim of a crime at an apartment complex in Georgia, call MLN Law at (404) 531-9700 for more information on your rights.
Labels: atlanta, Atlanta Journal Constitution, Georgia, premises liability
Have you suffered a personal injury? Has someone damaged your person, rights, reputation, or property, either intentionally or negligently?
If so, you should contact an experienced Marietta personal injury lawyer immediately.
Michael Lawson Neff specializes in personal injury cases in areas such as inadequate security, medical malpractice, violent crime, premises liability, catastrophic events, wrongful death, worker's compensation, traumatic brain injury, and more.
Conveniently located near Lenox Square, The Law Offices of Michael Lawson Neff will help you recover all the relief that you deserve.
Why You Should Contact Michael Neff, Marietta Personal Injury Lawyer
Michael Neff is an experienced Atlanta and Marietta personal injury lawyer who has handled all facets of personal injury and civil litigation including mediation, arbitration, and trial. He is recognized as an Advocate by the National College of Advocacy and a member of the Georgia Trial Lawyers Association and its Tractor Trailer Litigation Section.
Michael Neff is also a member of the National Crime Victim Bar Association, and he has been interviewed on radio for both personal injury litigation and business litigation. He graduated from George Washington University and earned his law degree (J.D.) from The Dickinson School of Law at Pennsylvania State University.
Additionally, Michael Neff truly cares about people. He is active in his community in the Marietta and Atlanta area. He has served as president of the Atlanta Junior Chamber of Commerce and leader of his Sunday school class at church.
Mr. Neff fondly recalls a heart-warming moment from his career: "One experience that I will never forget happened when a new client came in to seek help with regard to a divorce. She brought in two little ones, and told them to wait in the waiting room while she spoke to the lawyer.
"Fortunately our waiting room had coloring books and other things to distract the children. Midway through the interview I had to leave the office to get another note pad. When I walked into the hallway for the pad, I heard the little girl ask her brother, 'Where is Mommy?' Her brother, about seven or eight years old pointed at me and said, 'She is talking to that man. He is going to help her.' At that time, I realized that I had made the right decision to go to law school.
"Since I have gotten out of law school, I have formed my own practice. I focus primarily on representing those people that have been injured through no fault of their own. I still feel good when I am able to help someone get through a bad situation and get back on their feet."
If you need help getting back on your feet and recovering the relief you deserve, contact Michael Lawson Neff today.
Why You Must Act Now
If you have been injured, you must act quickly. If you delay, you could lose your right to sue for recovery. Plus, over time, important evidence may be destroyed, or access to it may become limited.
Schedule your free consultation now:
Contact Michael Neff at (404) 531-9700 or mneff@mlnlaw.com.
If so, you should contact an experienced Marietta personal injury lawyer immediately.
Michael Lawson Neff specializes in personal injury cases in areas such as inadequate security, medical malpractice, violent crime, premises liability, catastrophic events, wrongful death, worker's compensation, traumatic brain injury, and more.
Conveniently located near Lenox Square, The Law Offices of Michael Lawson Neff will help you recover all the relief that you deserve.
Why You Should Contact Michael Neff, Marietta Personal Injury Lawyer
Michael Neff is an experienced Atlanta and Marietta personal injury lawyer who has handled all facets of personal injury and civil litigation including mediation, arbitration, and trial. He is recognized as an Advocate by the National College of Advocacy and a member of the Georgia Trial Lawyers Association and its Tractor Trailer Litigation Section.
Michael Neff is also a member of the National Crime Victim Bar Association, and he has been interviewed on radio for both personal injury litigation and business litigation. He graduated from George Washington University and earned his law degree (J.D.) from The Dickinson School of Law at Pennsylvania State University.
Additionally, Michael Neff truly cares about people. He is active in his community in the Marietta and Atlanta area. He has served as president of the Atlanta Junior Chamber of Commerce and leader of his Sunday school class at church.
Mr. Neff fondly recalls a heart-warming moment from his career: "One experience that I will never forget happened when a new client came in to seek help with regard to a divorce. She brought in two little ones, and told them to wait in the waiting room while she spoke to the lawyer.
"Fortunately our waiting room had coloring books and other things to distract the children. Midway through the interview I had to leave the office to get another note pad. When I walked into the hallway for the pad, I heard the little girl ask her brother, 'Where is Mommy?' Her brother, about seven or eight years old pointed at me and said, 'She is talking to that man. He is going to help her.' At that time, I realized that I had made the right decision to go to law school.
"Since I have gotten out of law school, I have formed my own practice. I focus primarily on representing those people that have been injured through no fault of their own. I still feel good when I am able to help someone get through a bad situation and get back on their feet."
If you need help getting back on your feet and recovering the relief you deserve, contact Michael Lawson Neff today.
Why You Must Act Now
If you have been injured, you must act quickly. If you delay, you could lose your right to sue for recovery. Plus, over time, important evidence may be destroyed, or access to it may become limited.
Schedule your free consultation now:
Contact Michael Neff at (404) 531-9700 or mneff@mlnlaw.com.
Labels: atlanta medical malpractice, Georgia personal injury lawyer, traumatic brain injury, worker's compensation, wrongful death
The March death in a skiing accident of Tony Award-Winning Actress Natasha Richardson, 45, came as a shock to the world. Here at MLN law our thoughts have been with her family as they endure this tragedy. While there are many sad aspects to this unfortunate accident, one of the lessons to be learned is a hard truth about traumatic brain injury.
Richardson was skiing without a helmet at the Mont Tremblant Resort in Quebec, Canada when she took a tumble on the bunny slope. According to witnesses, she laughed about the fall and refused medical attention, even after the ski resort followed proper protocol and called for an ambulance. Immediately after the fall, she was able to make conversation and walk unassisted back to her room at the resort. It was only an hour later that she began complaining of head pain. After that, her health began deteriorating rapidly and reports say that she was brain dead soon after. She died after transport to a New York hospital.
Richardson’s death demonstrated a medical phenomenon called the “talk and die” syndrome. These patients suffer an apparently minor head injury, but then quickly degenerate and die very shortly after due to intercranial causes. According to the Journal of Clinical Neuroscience, “talk and die” syndrome patients only make up about 2.6% of all traumatic brain injury patients, but that relatively small number should not preclude patients from getting immediate medical attention after any head injury, no matter how seemingly minor or trivial.
What exactly is traumatic brain injury?
Traumatic brain injury (TBI), is caused when any sudden trauma – such as a blow, a stab, or, as in Richardson’s case, hitting the head as the result of a fall – causes damage to the brain. Symptoms after the injury can be mild, moderate or severe and the patient may remain conscious or slip into unconsciousness for just a few seconds. Unlike Richardson’s case, not all TBI’s result in death, and some people remain untreated, unaware that their life is being effected by a serious injury.
According to the National Institute of Neurological Disorders and Stroke, “other symptoms of mild TBI include headache, confusion, lightheadedness, dizziness, blurred vision or tired eyes, ringing in the ears, bad taste in the mouth, fatigue or lethargy, a change in sleep patterns, behavioral or mood changes, and trouble with memory, concentration, attention, or thinking.“
People suffering from moderate to severe TBI may have additional symptoms such as, “headache that gets worse or does not go away, repeated vomiting or nausea, convulsions or seizures, an inability to awaken from sleep, dilation of one or both pupils of the eyes, slurred speech, weakness or numbness in the extremities, loss of coordination, and increased confusion, restlessness, or agitation.”
If you or anyone you know in Georgia has experienced ill-effects, up to and including death, as the result of a traumatic brain injury, you may have legal recourse. Call MLN Law at (404) 531-9700 for more information.
Richardson was skiing without a helmet at the Mont Tremblant Resort in Quebec, Canada when she took a tumble on the bunny slope. According to witnesses, she laughed about the fall and refused medical attention, even after the ski resort followed proper protocol and called for an ambulance. Immediately after the fall, she was able to make conversation and walk unassisted back to her room at the resort. It was only an hour later that she began complaining of head pain. After that, her health began deteriorating rapidly and reports say that she was brain dead soon after. She died after transport to a New York hospital.
Richardson’s death demonstrated a medical phenomenon called the “talk and die” syndrome. These patients suffer an apparently minor head injury, but then quickly degenerate and die very shortly after due to intercranial causes. According to the Journal of Clinical Neuroscience, “talk and die” syndrome patients only make up about 2.6% of all traumatic brain injury patients, but that relatively small number should not preclude patients from getting immediate medical attention after any head injury, no matter how seemingly minor or trivial.
What exactly is traumatic brain injury?
Traumatic brain injury (TBI), is caused when any sudden trauma – such as a blow, a stab, or, as in Richardson’s case, hitting the head as the result of a fall – causes damage to the brain. Symptoms after the injury can be mild, moderate or severe and the patient may remain conscious or slip into unconsciousness for just a few seconds. Unlike Richardson’s case, not all TBI’s result in death, and some people remain untreated, unaware that their life is being effected by a serious injury.
According to the National Institute of Neurological Disorders and Stroke, “other symptoms of mild TBI include headache, confusion, lightheadedness, dizziness, blurred vision or tired eyes, ringing in the ears, bad taste in the mouth, fatigue or lethargy, a change in sleep patterns, behavioral or mood changes, and trouble with memory, concentration, attention, or thinking.“
People suffering from moderate to severe TBI may have additional symptoms such as, “headache that gets worse or does not go away, repeated vomiting or nausea, convulsions or seizures, an inability to awaken from sleep, dilation of one or both pupils of the eyes, slurred speech, weakness or numbness in the extremities, loss of coordination, and increased confusion, restlessness, or agitation.”
If you or anyone you know in Georgia has experienced ill-effects, up to and including death, as the result of a traumatic brain injury, you may have legal recourse. Call MLN Law at (404) 531-9700 for more information.
Labels: fall, traumatic brain injury
As the Atlanta police department prepares to lose more officers while a new wave a violent crime washes over the city, inadequate security in Atlanta has become an issue that cannot be ignored.
Have you been injured or attacked on someone else's property due to inadequate security? If so, contact Atlanta personal injury attorney Michael Lawson Neff at 404-531-9700 or email him at mneff@mlnlaw.com to schedule your free consultation.
On March 8, 2009, The Sunday Paper reported that Atlanta has only 1,615 police officers – and the majority of officers are required to take 16 hours off each month because of mandatory furloughs.
That's not to say that the city government isn't working hard to protect Atlanta's citizens. A 2009 report from the Atlanta Police Foundation states, "In 2003, the City of Atlanta, the Atlanta Police Department, and the Atlanta Police Foundation committed to a force of 2,000 police officers by 2010. Since that time, force strength increased significantly, adding 351 officers to the ranks of APD. During that same time period, the violent crime rate decreased 39 percent… and Atlanta dropped from the third most violent city in America to sixteenth. The results speak for themselves."
However, the report ominously adds, "As of January 1, 2009… it is anticipated the department could lose approximately 15 to 20 officers per month to attrition and retirement. If this sustained loss occurs, APD could be operating at 2002 levels, when we were ranked the third most violent city in America, by July of this year."
In another bad sign, on March 10, 2009, Newsmax.com reported that Atlanta is now the East Coast's principal distribution hub for Mexican drug cartels. In 2008, federal agents seized more drug-related cash in Atlanta than in any other region. It's only a matter of time before the violence we're seeing in Mexico's drug wars spills over into the streets of Atlanta.
Adequate security has never been more important in Atlanta.
Businesses like hotels, shopping centers, apartment complexes, and parking lots have an obligation to provide adequate security for both tenants and guests. Owners know their property better than you do; therefore, they have a duty to protect you from hazards. This goes beyond putting down "Caution: Wet Floor" signs.
For example:
· A property manager is obligated to inform tenants of known ongoing criminal activity.
· Walkways and parking lots must be sufficiently lit at night.
· Other examples of inadequate security may include a lack of a perimeter fence around the property, an absence of security cameras, or negligent security guards.
· In general, a property owner must provide sufficient security for tenants and visitors.
If a business knows or should know that there is significant crime on its property or in the neighborhood, it must act reasonably to provide adequate security. And in some cases, a history of crime is not necessary for the victim to be rewarded compensation for damages. For example, in the case of Brookview Holdings, LLC v. Suarez, 285 Ga. App. 90, 645 S.E.2d 559 (2007), someone was murdered in a trailer park where there was a lack of prior criminal activity. However, the plaintiff (a tenant of the trailer park and relative of the deceased) won the case because the plaintiff was actually paying a security fee per the lease contract.
If you or someone you care about has been a victim of crime due to inadequate security in Atlanta or elsewhere, contact Atlanta personal injury attorney Michael Lawson Neff at 404-531-9700 or email him at mneff@mlnlaw.com to schedule your free consultation. If you don't act quickly, valuable evidence may be destroyed, and you may lose your ability to recover for your personal injuries.
Have you been injured or attacked on someone else's property due to inadequate security? If so, contact Atlanta personal injury attorney Michael Lawson Neff at 404-531-9700 or email him at mneff@mlnlaw.com to schedule your free consultation.
On March 8, 2009, The Sunday Paper reported that Atlanta has only 1,615 police officers – and the majority of officers are required to take 16 hours off each month because of mandatory furloughs.
That's not to say that the city government isn't working hard to protect Atlanta's citizens. A 2009 report from the Atlanta Police Foundation states, "In 2003, the City of Atlanta, the Atlanta Police Department, and the Atlanta Police Foundation committed to a force of 2,000 police officers by 2010. Since that time, force strength increased significantly, adding 351 officers to the ranks of APD. During that same time period, the violent crime rate decreased 39 percent… and Atlanta dropped from the third most violent city in America to sixteenth. The results speak for themselves."
However, the report ominously adds, "As of January 1, 2009… it is anticipated the department could lose approximately 15 to 20 officers per month to attrition and retirement. If this sustained loss occurs, APD could be operating at 2002 levels, when we were ranked the third most violent city in America, by July of this year."
In another bad sign, on March 10, 2009, Newsmax.com reported that Atlanta is now the East Coast's principal distribution hub for Mexican drug cartels. In 2008, federal agents seized more drug-related cash in Atlanta than in any other region. It's only a matter of time before the violence we're seeing in Mexico's drug wars spills over into the streets of Atlanta.
Adequate security has never been more important in Atlanta.
Businesses like hotels, shopping centers, apartment complexes, and parking lots have an obligation to provide adequate security for both tenants and guests. Owners know their property better than you do; therefore, they have a duty to protect you from hazards. This goes beyond putting down "Caution: Wet Floor" signs.
For example:
· A property manager is obligated to inform tenants of known ongoing criminal activity.
· Walkways and parking lots must be sufficiently lit at night.
· Other examples of inadequate security may include a lack of a perimeter fence around the property, an absence of security cameras, or negligent security guards.
· In general, a property owner must provide sufficient security for tenants and visitors.
If a business knows or should know that there is significant crime on its property or in the neighborhood, it must act reasonably to provide adequate security. And in some cases, a history of crime is not necessary for the victim to be rewarded compensation for damages. For example, in the case of Brookview Holdings, LLC v. Suarez, 285 Ga. App. 90, 645 S.E.2d 559 (2007), someone was murdered in a trailer park where there was a lack of prior criminal activity. However, the plaintiff (a tenant of the trailer park and relative of the deceased) won the case because the plaintiff was actually paying a security fee per the lease contract.
If you or someone you care about has been a victim of crime due to inadequate security in Atlanta or elsewhere, contact Atlanta personal injury attorney Michael Lawson Neff at 404-531-9700 or email him at mneff@mlnlaw.com to schedule your free consultation. If you don't act quickly, valuable evidence may be destroyed, and you may lose your ability to recover for your personal injuries.
Labels: Atlanta injury lawyer, atlanta personal injury, violent crime victim
A May 3, 2009 article by in The Atlanta Journal-Constitution highlighted the serious costs that Atlantans pay for medical malpractice.
The article noted that Georgia doctors have circumcised the wrong babies, mistakenly operated on the wrong hand, knee, hip, leg, hernia and other body parts - even drilled into the wrong side of a person's head.
The article reported that the Georgia Department of Human Resources has received 102 reports of wrong-site surgeries since 2003, when reporting the incidents became mandatory. Since July 1, 2008 Georgia has received 20 reports.
The basic steps to prevent wrong-site surgeries should be well known to surgical teams: Verify the patient, mark the surgical site and double check records one last time prior to making the incision. Failing to follow this should be a breach of the standard of care - something necessary for a Georgian to sue for damages.
If you know someone who has been a victim of medical malpractice because a doctor has operated on the wrong body part, the lawyers at The Law Offices of Michael L. Neff are willing to counsel you on how to obtain fair compensation. Our phone number is 404-531-9700 or contact Michael Neff at mneff@mlnlaw.com.
For the entire article see
To see your local Georgia hospital see
The article noted that Georgia doctors have circumcised the wrong babies, mistakenly operated on the wrong hand, knee, hip, leg, hernia and other body parts - even drilled into the wrong side of a person's head.
The article reported that the Georgia Department of Human Resources has received 102 reports of wrong-site surgeries since 2003, when reporting the incidents became mandatory. Since July 1, 2008 Georgia has received 20 reports.
The basic steps to prevent wrong-site surgeries should be well known to surgical teams: Verify the patient, mark the surgical site and double check records one last time prior to making the incision. Failing to follow this should be a breach of the standard of care - something necessary for a Georgian to sue for damages.
If you know someone who has been a victim of medical malpractice because a doctor has operated on the wrong body part, the lawyers at The Law Offices of Michael L. Neff are willing to counsel you on how to obtain fair compensation. Our phone number is 404-531-9700 or contact Michael Neff at mneff@mlnlaw.com.
For the entire article see
To see your local Georgia hospital see
Labels: Atlanta Journal Constitution, atlanta medical malpractice, damages, pain and suffering, workers compensation
As reported in LawyersWeeklyUSA, the Arizona Court of Appeals held that even though a formal doctor-patient relationship does not exist, a doctor conducting an "Independent" Medical Exam owes a duty of reasonable care to the person examined.
A man injured his back while at work and his workers’ compensation carrier had him undergo an exam by someone it hired. The workers comp doctor reported that the man did not need further care and that he should have no work restrictions.
As a result, the employer terminated his benefits. However, the man’s condition worsened. In fact part of his spinal cord died and he developed a condition that caused constant pain. He took prescription pain and other medications to help him sleep and died of an accidental overdose.
His family sued the workers comp doctor - a jury found the doctor to be partially at fault. The doctor appealed, arguing that he owed the man no legal duty.
However, the Arizona Court of Appeals disagreed. “We … cannot envision a public benefit in encouraging a doctor with specific individualized knowledge not to investigate the symptoms of a cervical spine injury. We recognize the very real concern that imposing a duty on [the IME doctor] to practice reasonable care under the circumstances might create a chilling effect within the IME community. … [H]owever, ethical standards govern physicians, and they likely limit ‘the threatened flood of litigation’ to a ‘trickle.’ …
“We do not hold that every IME physician has a duty of care in every situation. In this case, [the IME doctor] was hired to determine the extent of [the decedent’s] work-related injury and make treatment recommendations. By agreeing to do so, he assumed a duty to ‘conform to the legal standard of reasonable care..."
The case is Ritchie v. Krasner, No. 1-CA-CV 08-0099.
A man injured his back while at work and his workers’ compensation carrier had him undergo an exam by someone it hired. The workers comp doctor reported that the man did not need further care and that he should have no work restrictions.
As a result, the employer terminated his benefits. However, the man’s condition worsened. In fact part of his spinal cord died and he developed a condition that caused constant pain. He took prescription pain and other medications to help him sleep and died of an accidental overdose.
His family sued the workers comp doctor - a jury found the doctor to be partially at fault. The doctor appealed, arguing that he owed the man no legal duty.
However, the Arizona Court of Appeals disagreed. “We … cannot envision a public benefit in encouraging a doctor with specific individualized knowledge not to investigate the symptoms of a cervical spine injury. We recognize the very real concern that imposing a duty on [the IME doctor] to practice reasonable care under the circumstances might create a chilling effect within the IME community. … [H]owever, ethical standards govern physicians, and they likely limit ‘the threatened flood of litigation’ to a ‘trickle.’ …
“We do not hold that every IME physician has a duty of care in every situation. In this case, [the IME doctor] was hired to determine the extent of [the decedent’s] work-related injury and make treatment recommendations. By agreeing to do so, he assumed a duty to ‘conform to the legal standard of reasonable care..."
The case is Ritchie v. Krasner, No. 1-CA-CV 08-0099.
Labels: doctors, medical malpractice, spine injury, workers compensation
Last month, the family of a Stamford, Connecticut woman who was the victim of a violent chimpanzee mauling filed a $50 million lawsuit on her behalf. The suit alleges that the chimp’s owner did not take the necessary steps to assure that other people were safe in the chimp’s presence.
Fifty-five-year-old Charla Nash’s nose, hands, eyelids, and lips were ripped off and a number of her facial bones were crushed as a result of the attack, which took place in February 2009 and received extensive media coverage. According to a story in the Hartford Courant, the lawsuit accuses the chimp’s owner, Sandra Herold, 70, of negligence and recklessness for owning "a wild animal with violent propensities, even though she lacked sufficient skill, strength and/or experience to subdue the chimpanzee..."
According to reports, Herold and Nash were friends and Herold had invited Nash to her home to help her lure the chimpanzee, Travis, back into the house after an escape. According to speculation by Herold, Travis was familiar with Nash, but may not have recognized her because she was wearing a different hairstyle and driving a different car. To put a stop to the attack, which lasted for an appalling 12 minutes, a police officer who had arrived on the scene shot the 14-year-old chimp dead.
The Hartford Courant reprinted portions of the lawsuit, which lists previous incidents involving the chimp. “In 1996, he bit a woman on her hand and tried to drag her into a car; in 1988, he bit a man on his thumb, and in 2003, he escaped from Herold's car and roamed downtown Stamford for hours before being captured.”
Nash received extensive medical treatment at the Cleveland Clinic, but lacked the funds or medical insurance to pay for the treatment. According to the suit, she will likely require multiple surgeries, transplants, therapies, medications, psychiatric care and in-home assistance to perform necessary daily activities.
The attack came some months after the Connecticut Department of Environmental Protection circulated a memo warning of possible danger from Travis were he allowed to remain living in a private home. Chimpanzees are reportedly sedate and make good pets until about the age of 6, but from there, they become hard to handle due to their tremendous strength. So how was 70 year old Sandra Herold allowed to keep a tremendously strong chimp with a history of uncontrolled violence in her home? According to another Hartford Courant story, Herold obtained Travis in the years before state permits were required, and the state never pressed the issue, believing Travis was a “local celebrity.”
Under Georgia law, in many cases pet owners are responsible for ensuring the safety of those who come into contact with their animals. If you or anyone you know has been the victim of an animal attack in Georgia, you may be entitled to compensation for your damages under the law. Call MLN Law at (404) 531-9700 for more information.
Fifty-five-year-old Charla Nash’s nose, hands, eyelids, and lips were ripped off and a number of her facial bones were crushed as a result of the attack, which took place in February 2009 and received extensive media coverage. According to a story in the Hartford Courant, the lawsuit accuses the chimp’s owner, Sandra Herold, 70, of negligence and recklessness for owning "a wild animal with violent propensities, even though she lacked sufficient skill, strength and/or experience to subdue the chimpanzee..."
According to reports, Herold and Nash were friends and Herold had invited Nash to her home to help her lure the chimpanzee, Travis, back into the house after an escape. According to speculation by Herold, Travis was familiar with Nash, but may not have recognized her because she was wearing a different hairstyle and driving a different car. To put a stop to the attack, which lasted for an appalling 12 minutes, a police officer who had arrived on the scene shot the 14-year-old chimp dead.
The Hartford Courant reprinted portions of the lawsuit, which lists previous incidents involving the chimp. “In 1996, he bit a woman on her hand and tried to drag her into a car; in 1988, he bit a man on his thumb, and in 2003, he escaped from Herold's car and roamed downtown Stamford for hours before being captured.”
Nash received extensive medical treatment at the Cleveland Clinic, but lacked the funds or medical insurance to pay for the treatment. According to the suit, she will likely require multiple surgeries, transplants, therapies, medications, psychiatric care and in-home assistance to perform necessary daily activities.
The attack came some months after the Connecticut Department of Environmental Protection circulated a memo warning of possible danger from Travis were he allowed to remain living in a private home. Chimpanzees are reportedly sedate and make good pets until about the age of 6, but from there, they become hard to handle due to their tremendous strength. So how was 70 year old Sandra Herold allowed to keep a tremendously strong chimp with a history of uncontrolled violence in her home? According to another Hartford Courant story, Herold obtained Travis in the years before state permits were required, and the state never pressed the issue, believing Travis was a “local celebrity.”
Under Georgia law, in many cases pet owners are responsible for ensuring the safety of those who come into contact with their animals. If you or anyone you know has been the victim of an animal attack in Georgia, you may be entitled to compensation for your damages under the law. Call MLN Law at (404) 531-9700 for more information.
Labels: animal attack, damages, personal injury
If you've suffered a personal injury, it's crucial that you contact a personal injury attorney as soon as possible. Otherwise, you may lose your right to sue for damages.
What is a Statute of Limitations?
A statute of limitations is law that establishes a time limit for legal proceedings. After the time limit has passed, you no longer have to right to sue for damages. (In some cases, however, an experienced injury attorney may be able to extend the statute of limitations.)
The statute of limitations depends on the state in which you file the action, the type of case, and whether you file in state court or federal court. If you do not file your lawsuit before the statutory deadline, you may lose your legal right to sue. That's why it's important to contact an experienced personal injury lawyer to protect your legal rights.
Georgia Statute of Limitations for Personal Injury
In Georgia, the statute of limitations varies depending on the type of case. Here's a list of Georgia limitations by the type of case:
Personal Injury: Legal actions must be filed within 2 years after the date of the injury.
Medical Malpractice: Actions against medical professionals must be filed within 2 years of the injury. If the injured party does not recover from the injury within 2 years, then the limitations period may be extended – but it cannot be extended for more than 5 years beyond the date of the injury.
In medical malpractice cases where a healthcare professional leaves a foreign object inside a patient's body (it happens more often than you'd like to think), the victim has one year from the date of discovery to file suit. Again, in normal situations, no medical malpractice action may be initiated more than five years after the date that act giving rise to the injury occurred.
Libel, Slander or Defamation: Actions must be filed within 1 year.
Wrongful Death: Actions must be filed within 2 years of the death.
Professional Malpractice: Actions must be filed within 2 years of the date of injury.
Product Liability: Actions must be filed within 2 years of the date of the occurrence resulting injury.
Tolling the Statute of Limitations in Georgia
Tolling the statute of limitations means that the limitations period will be put on hold for a specified length of time. For example, if the victim of a personal injury were a minor at the time of the injury, the statute of limitations may be put on hold until the victim becomes a legal adult. Similarly, the statute of limitations may be tolled if the victim is mentally incompetent or bankrupt.
In some cases, the statute of limitations clock may not start ticking with the date of the injury, but with the date when the cause of the injury was realized. Some situations may actually shorten the limitations time period! (For example, if you want to sue a government agency, then you must file the action within 60 days of the injury.) Fortunately, the statute of limitations can be contested in court.
If you've been injured due to someone else's negligence or intent, contact an experienced personal injury attorney to learn more about the statute of limitations in your case and to make sure that your rights are protected. In some case, an attorney will be able to extend the statute of limitations in your favor. But don't wait! The longer you wait, the weaker your case may become. You may not only risk exceeding the statutory time period; if you wait too long, you and your attorney may lose access to vital evidence.
If you've been injured, schedule your free consultation with GA personal injury lawyer Michael Lawson Neff by calling (404) 531-9700, or email mneff@mlnlaw.com.
What is a Statute of Limitations?
A statute of limitations is law that establishes a time limit for legal proceedings. After the time limit has passed, you no longer have to right to sue for damages. (In some cases, however, an experienced injury attorney may be able to extend the statute of limitations.)
The statute of limitations depends on the state in which you file the action, the type of case, and whether you file in state court or federal court. If you do not file your lawsuit before the statutory deadline, you may lose your legal right to sue. That's why it's important to contact an experienced personal injury lawyer to protect your legal rights.
Georgia Statute of Limitations for Personal Injury
In Georgia, the statute of limitations varies depending on the type of case. Here's a list of Georgia limitations by the type of case:
Personal Injury: Legal actions must be filed within 2 years after the date of the injury.
Medical Malpractice: Actions against medical professionals must be filed within 2 years of the injury. If the injured party does not recover from the injury within 2 years, then the limitations period may be extended – but it cannot be extended for more than 5 years beyond the date of the injury.
In medical malpractice cases where a healthcare professional leaves a foreign object inside a patient's body (it happens more often than you'd like to think), the victim has one year from the date of discovery to file suit. Again, in normal situations, no medical malpractice action may be initiated more than five years after the date that act giving rise to the injury occurred.
Libel, Slander or Defamation: Actions must be filed within 1 year.
Wrongful Death: Actions must be filed within 2 years of the death.
Professional Malpractice: Actions must be filed within 2 years of the date of injury.
Product Liability: Actions must be filed within 2 years of the date of the occurrence resulting injury.
Tolling the Statute of Limitations in Georgia
Tolling the statute of limitations means that the limitations period will be put on hold for a specified length of time. For example, if the victim of a personal injury were a minor at the time of the injury, the statute of limitations may be put on hold until the victim becomes a legal adult. Similarly, the statute of limitations may be tolled if the victim is mentally incompetent or bankrupt.
In some cases, the statute of limitations clock may not start ticking with the date of the injury, but with the date when the cause of the injury was realized. Some situations may actually shorten the limitations time period! (For example, if you want to sue a government agency, then you must file the action within 60 days of the injury.) Fortunately, the statute of limitations can be contested in court.
If you've been injured due to someone else's negligence or intent, contact an experienced personal injury attorney to learn more about the statute of limitations in your case and to make sure that your rights are protected. In some case, an attorney will be able to extend the statute of limitations in your favor. But don't wait! The longer you wait, the weaker your case may become. You may not only risk exceeding the statutory time period; if you wait too long, you and your attorney may lose access to vital evidence.
If you've been injured, schedule your free consultation with GA personal injury lawyer Michael Lawson Neff by calling (404) 531-9700, or email mneff@mlnlaw.com.
Labels: damages, Georgia personal injury law, personal injury attorney, statute of limitations
There is a cause of action - grounds for a lawsuit against an ex-spouse for personal injury damages incurred during the marriage. But marital torts, also known as domestic torts, comprise a tricky and often confusing area of the law.
In the past, you could not sue your ex-spouse because of interspousal tort immunity.
What is a Tort? A tort is a wrongful act that creates the basis for liability against a defendant. It is a civil action based on the conduct of one individual which causes harm or damage to another.
Several years ago, interspousal tort immunity would have prevented you from suing your ex-spouse for damages inflicted during marriage. Historically, interspousal tort immunity was grounded in the belief that family harmony would be disrupted if spouses were allowed to sue one another. This common law doctrine also considered husband and wife to be a single legal entity after marriage; therefore, they could not sue each other.
But things have changed. According to the article "Marital Tort Actions; Family" law by Mary Kay Kisthardt and Barbara Handschu, published in the National Law Journal on March 28, 2005, the doctrine of interspousal immunity has been abolished in all jurisdictions.
The Married Women's Property Act ended the notion that husband and wife were legally one person; however, interspousal tort immunity continued to exist because courts did not want to undermine marital harmony, expose private family matters to the public, or open the doors to frivolous lawsuits.
Today, even though you can sue your ex-spouse, many courts are still reluctant to interfere with personal matters related to marriage, particularly when it comes to matters of emotional distress or mental anguish. These types of cases, therefore, can be very difficult to win.
The most common marital torts include assault and battery. In most cases, it's fairly easy to prove physical abuse.
Emotional distress, on the other hand, is often more difficult to prove in court. When stemming from physical abuse, claims of emotional distress tend to be more successful – but it can be difficult to prove other forms of emotional distress. Moreover, most people would agree that some level of emotional distress occurs in all marriages.
You can also sue your ex-spouse for fraud. The successful versions of these cases are normally related to economic fraud rather than fraudulent misrepresentation in personal matters.
You may also sue an ex-spouse for:
· False imprisonment
· Intentional interference with child custody, visitation, or a parent-child relationship
· Tortious infliction of venereal disease
· Wrongful death
· Illegal wiretapping
If you believe that your ex-spouse may be liable to you for his or her actions, contact an experienced attorney and ask, "Can I can file a marital tort action against my spouse?"
Don't wait until your divorce is over! In some cases, you must join your tort with the divorce proceedings. In other cases, it's best to wait and file the tort claim after the divorce.
If you believe that you may have a personal injury case against your ex-spouse, be sure to talk to a personal injury attorney before signing your divorce papers. By signing the divorce papers, you may unintentionally release your ex-spouse from any future claims.
Don't delay! If you wait too long to sue, the statute of limitations may expire, and you'll lose your right to sue. Act now: Contact Atlanta personal injury attorney Michael Lawson Neff at (404) 531-9700 or mneff@mlnlaw.com.
In the past, you could not sue your ex-spouse because of interspousal tort immunity.
What is a Tort? A tort is a wrongful act that creates the basis for liability against a defendant. It is a civil action based on the conduct of one individual which causes harm or damage to another.
Several years ago, interspousal tort immunity would have prevented you from suing your ex-spouse for damages inflicted during marriage. Historically, interspousal tort immunity was grounded in the belief that family harmony would be disrupted if spouses were allowed to sue one another. This common law doctrine also considered husband and wife to be a single legal entity after marriage; therefore, they could not sue each other.
But things have changed. According to the article "Marital Tort Actions; Family" law by Mary Kay Kisthardt and Barbara Handschu, published in the National Law Journal on March 28, 2005, the doctrine of interspousal immunity has been abolished in all jurisdictions.
The Married Women's Property Act ended the notion that husband and wife were legally one person; however, interspousal tort immunity continued to exist because courts did not want to undermine marital harmony, expose private family matters to the public, or open the doors to frivolous lawsuits.
Today, even though you can sue your ex-spouse, many courts are still reluctant to interfere with personal matters related to marriage, particularly when it comes to matters of emotional distress or mental anguish. These types of cases, therefore, can be very difficult to win.
The most common marital torts include assault and battery. In most cases, it's fairly easy to prove physical abuse.
Emotional distress, on the other hand, is often more difficult to prove in court. When stemming from physical abuse, claims of emotional distress tend to be more successful – but it can be difficult to prove other forms of emotional distress. Moreover, most people would agree that some level of emotional distress occurs in all marriages.
You can also sue your ex-spouse for fraud. The successful versions of these cases are normally related to economic fraud rather than fraudulent misrepresentation in personal matters.
You may also sue an ex-spouse for:
· False imprisonment
· Intentional interference with child custody, visitation, or a parent-child relationship
· Tortious infliction of venereal disease
· Wrongful death
· Illegal wiretapping
If you believe that your ex-spouse may be liable to you for his or her actions, contact an experienced attorney and ask, "Can I can file a marital tort action against my spouse?"
Don't wait until your divorce is over! In some cases, you must join your tort with the divorce proceedings. In other cases, it's best to wait and file the tort claim after the divorce.
If you believe that you may have a personal injury case against your ex-spouse, be sure to talk to a personal injury attorney before signing your divorce papers. By signing the divorce papers, you may unintentionally release your ex-spouse from any future claims.
Don't delay! If you wait too long to sue, the statute of limitations may expire, and you'll lose your right to sue. Act now: Contact Atlanta personal injury attorney Michael Lawson Neff at (404) 531-9700 or mneff@mlnlaw.com.
Labels: assault and battery, Georgia personal injury law, pain and suffering, torts
Have you been injured on the job? If so, contact The Law Offices of Michael Lawson Neff, today.
Michael Neff is an experienced Atlanta lawyer who understands the challenges that people face after being injured. Frequently after an on the job injury, you will help to obtain the medical benefits and income benefits you need.
Common workers' compensation injuries include:
· Back injuries
· Loss of limbs
· Traumatic brain injuries
· Spinal cord injuries
· Neck injuries
· Carpal tunnel syndrome
· Repetitive stress injuries
· Burns
· Wrist injuries
· Foot and ankle injuries
· Knee and leg injuries
· Shoulder injuries
· Hip injuries
· Heart attack and strokes
· Hearing loss
· Vision loss
· Workplace fatalities
· Occupational diseases
What Are Occupational Diseases?
An occupational disease is a chronic ailment that results from work activity. Some well-known occupational diseases include:
· Asbestosis for miners and those who work with asbestos insulation
· Black lung for coal miners
· Carpal tunnel syndrome for data entry workers
· Lead poisoning
· Radiation sickness for those in the nuclear industry
When it comes to on-the-job injuries, as long as you follow the proper steps, the law will see to it that you get medical treatment and some protection for lost wages.
If you are injured on the job, follow these steps to make sure that you'll be able to get workers' compensation benefits:
1) Report the incident to your supervisor immediately.
2) Make sure that a written report is made – even if you have to write it up yourself and hand it to your supervisor. Keep a copy of the report for yourself.
3) Find your employer's list of doctors that you're allowed to see if hurt on the job.
4) Let the insurance company know that you have a claim.
5) Be aware that you have only 1 year to file a claim.
In some cases, a person can file a personal injury claim in addition to workers' compensation. For example, if you're involved in an auto accident while on the job, you may be able to get workers' compensation benefits and sue the driver at fault for personal injury compensation.
Workers' Compensation and Insurance Companies
Many insurance companies will go to great lengths to avoid paying income benefits, even if a doctor has told you to take time off after an injury on the job.
When there's a dispute between an injured worker and an insurance company or employer, Georgia's State Board of Workers' Compensation rules on the case.
In many cases, you'll have to appear before an administrative law judge to force the insurance company to pay your benefits. The insurance company will hire an attorney who will try to deny you benefits. That's why it's important to hire an attorney well-versed in workers' compensation law.
Workers' Compensation Benefits
According to the Workers' Compensation Act, employees who are totally disabled by a work injury are entitled to the lesser of 2/3 of their average weekly wage or $500 a week. If you've been temporarily disabled due to an injury on the job, you can receive up to $334 a week. Workers who become permanently and partially disabled may also be entitled to benefits.
Get the Workers' Compensation Benefits You Deserve
If you've been injured on the job, contact Michael Neff today to make sure you get the benefits you deserve. As an experienced Atlanta workers compensation lawyer, Michael Neff is well-versed in State Board rules, statutes, and precedents. Contact Michael Neff at (404) 531-9700 or mneff@mlnlaw.com. For more information, see Workers' Compensation – Atlanta Personal Injury Lawyer.
Michael Neff is an experienced Atlanta lawyer who understands the challenges that people face after being injured. Frequently after an on the job injury, you will help to obtain the medical benefits and income benefits you need.
Common workers' compensation injuries include:
· Back injuries
· Loss of limbs
· Traumatic brain injuries
· Spinal cord injuries
· Neck injuries
· Carpal tunnel syndrome
· Repetitive stress injuries
· Burns
· Wrist injuries
· Foot and ankle injuries
· Knee and leg injuries
· Shoulder injuries
· Hip injuries
· Heart attack and strokes
· Hearing loss
· Vision loss
· Workplace fatalities
· Occupational diseases
What Are Occupational Diseases?
An occupational disease is a chronic ailment that results from work activity. Some well-known occupational diseases include:
· Asbestosis for miners and those who work with asbestos insulation
· Black lung for coal miners
· Carpal tunnel syndrome for data entry workers
· Lead poisoning
· Radiation sickness for those in the nuclear industry
When it comes to on-the-job injuries, as long as you follow the proper steps, the law will see to it that you get medical treatment and some protection for lost wages.
If you are injured on the job, follow these steps to make sure that you'll be able to get workers' compensation benefits:
1) Report the incident to your supervisor immediately.
2) Make sure that a written report is made – even if you have to write it up yourself and hand it to your supervisor. Keep a copy of the report for yourself.
3) Find your employer's list of doctors that you're allowed to see if hurt on the job.
4) Let the insurance company know that you have a claim.
5) Be aware that you have only 1 year to file a claim.
In some cases, a person can file a personal injury claim in addition to workers' compensation. For example, if you're involved in an auto accident while on the job, you may be able to get workers' compensation benefits and sue the driver at fault for personal injury compensation.
Workers' Compensation and Insurance Companies
Many insurance companies will go to great lengths to avoid paying income benefits, even if a doctor has told you to take time off after an injury on the job.
When there's a dispute between an injured worker and an insurance company or employer, Georgia's State Board of Workers' Compensation rules on the case.
In many cases, you'll have to appear before an administrative law judge to force the insurance company to pay your benefits. The insurance company will hire an attorney who will try to deny you benefits. That's why it's important to hire an attorney well-versed in workers' compensation law.
Workers' Compensation Benefits
According to the Workers' Compensation Act, employees who are totally disabled by a work injury are entitled to the lesser of 2/3 of their average weekly wage or $500 a week. If you've been temporarily disabled due to an injury on the job, you can receive up to $334 a week. Workers who become permanently and partially disabled may also be entitled to benefits.
Get the Workers' Compensation Benefits You Deserve
If you've been injured on the job, contact Michael Neff today to make sure you get the benefits you deserve. As an experienced Atlanta workers compensation lawyer, Michael Neff is well-versed in State Board rules, statutes, and precedents. Contact Michael Neff at (404) 531-9700 or mneff@mlnlaw.com. For more information, see Workers' Compensation – Atlanta Personal Injury Lawyer.
Labels: asbestosis, Atlanta injury lawyer, Georgia personal injury law, neck injury, spine injury, traumatic brain injury
Have you or someone you love been injured because of medical negligence? If so, contact the Atlanta medical malpractice attorneys at The Law Offices of Michael Lawson Neff, P.C.. Attorneys Michael Neff and Dwayne Adams will help you get the settlement you deserve.
Note that medical malpractice claims are not limited to physicians. If you have been injured, you can also sue other healthcare professionals such as nursing homes, surgeons, nurses, dentists, chiropractors, therapists, and psychologists.
Common medical malpractice claims include:
· Misdiagnosis of disease, including failure to diagnose cancer
· Infections
· Traumatic brain injury
· Obstetric (OBGYN) malpractice, including labor and delivery mistakes such as improper use of forceps or failure to perform a c-section when necessary
· Birth injuries
· Cerebral palsy
· Unnecessary surgery
· Surgery mistakes, including anesthesia mistakes and foreign objects left inside the body
· Nursing home neglect
· Abandonment/Failure to attend to patient
· Defective medical devices
· Improper prescription
· Medication errors
· Emergency room mistakes
· Lack of informed consent
· Wrongful death
Medical malpractice cases are complex and difficult, and healthcare providers rarely settle a case without a legal battle. If you're suing a doctor or healthcare provider for medical malpractice, expect a long fight against a lawyer who specializes in defending medical malpractice claims. That's why you need an attorney with special expertise in medical malpractice. The Law Offices of Michael Lawson Neff will provide that expertise and guide you through the process of claiming your due compensation.
While the majority of medical malpractice cases are settled out of court, Michael Neff and associates thoroughly prepare to go to trial with every case.
Do I have a medical malpractice case?
To determine if you have a medical malpractice cases, ask yourself these three questions:
1) Did your doctor or healthcare provider owe a duty to you as the patient? Generally, when you go to a doctor who agrees to treat you, then the doctor assumes the duty to treat you with competent care, drawing upon appropriate training and skills.
2) Did your doctor or healthcare provider injure you by providing a level of care that was less than that which could be expected from a reasonably competent doctor in diagnosing and treating the same condition? In the state of Georgia, you must present expert testimony to show that the healthcare provider departed from that standard.
3) Did your doctor's or healthcare provider's actions cause harm to you? In order to have a medical malpractice case, there must be a close causal connection between the action by the doctor and the harm to the patient. In some cases, it can be difficult to prove that the doctor caused the harm, and defendants will often claim that something else caused the harm.
With an experienced attorney on your side, you may be able to sue for mental or physical pain and suffering caused by your injury, lost wages, medical expenses, and other economic damages resulting from the injury.
Preparing for Your Medical Malpractice Claim
Before you meet with your lawyer, you'll need to get your medical records. You're entitled to copies of your records, and you need to make it clear to your healthcare provider's staff that you know you're entitled. Specifically, you should request "each and every page of medical record information available including, but not limited to: Office notes, discharge summaries, history, physical exam, progress notes, operating reports, operating room records, anesthesia sheets, consultation requests and reports, all laboratory and imaging results, memos, letters, insurance forms, bills, and all other written records concerning me in your possession."
Do not take "no" for an answer, and do not accept mere summaries of records. You're entitled to your full medical records. You may need to sign for them, and you may be asked to pay a copying charge, but a healthcare provider cannot refuse to release your records. If they do refuse to release your records, ask for the refusal in writing so that you can submit it to the State Medical Board and Secretary of State. That should do the trick.
Finally, contact your attorney as soon as possible. The average medical malpractice case lasts three years; the sooner you get started, the better.
Contact Michael Neff today at (404) 531-9700 or mneff@mlnlaw.com.
For more information, see Medical Malpractice – Atlanta, Georgia Personal Injury Lawyer.
Note that medical malpractice claims are not limited to physicians. If you have been injured, you can also sue other healthcare professionals such as nursing homes, surgeons, nurses, dentists, chiropractors, therapists, and psychologists.
Common medical malpractice claims include:
· Misdiagnosis of disease, including failure to diagnose cancer
· Infections
· Traumatic brain injury
· Obstetric (OBGYN) malpractice, including labor and delivery mistakes such as improper use of forceps or failure to perform a c-section when necessary
· Birth injuries
· Cerebral palsy
· Unnecessary surgery
· Surgery mistakes, including anesthesia mistakes and foreign objects left inside the body
· Nursing home neglect
· Abandonment/Failure to attend to patient
· Defective medical devices
· Improper prescription
· Medication errors
· Emergency room mistakes
· Lack of informed consent
· Wrongful death
Medical malpractice cases are complex and difficult, and healthcare providers rarely settle a case without a legal battle. If you're suing a doctor or healthcare provider for medical malpractice, expect a long fight against a lawyer who specializes in defending medical malpractice claims. That's why you need an attorney with special expertise in medical malpractice. The Law Offices of Michael Lawson Neff will provide that expertise and guide you through the process of claiming your due compensation.
While the majority of medical malpractice cases are settled out of court, Michael Neff and associates thoroughly prepare to go to trial with every case.
Do I have a medical malpractice case?
To determine if you have a medical malpractice cases, ask yourself these three questions:
1) Did your doctor or healthcare provider owe a duty to you as the patient? Generally, when you go to a doctor who agrees to treat you, then the doctor assumes the duty to treat you with competent care, drawing upon appropriate training and skills.
2) Did your doctor or healthcare provider injure you by providing a level of care that was less than that which could be expected from a reasonably competent doctor in diagnosing and treating the same condition? In the state of Georgia, you must present expert testimony to show that the healthcare provider departed from that standard.
3) Did your doctor's or healthcare provider's actions cause harm to you? In order to have a medical malpractice case, there must be a close causal connection between the action by the doctor and the harm to the patient. In some cases, it can be difficult to prove that the doctor caused the harm, and defendants will often claim that something else caused the harm.
With an experienced attorney on your side, you may be able to sue for mental or physical pain and suffering caused by your injury, lost wages, medical expenses, and other economic damages resulting from the injury.
Preparing for Your Medical Malpractice Claim
Before you meet with your lawyer, you'll need to get your medical records. You're entitled to copies of your records, and you need to make it clear to your healthcare provider's staff that you know you're entitled. Specifically, you should request "each and every page of medical record information available including, but not limited to: Office notes, discharge summaries, history, physical exam, progress notes, operating reports, operating room records, anesthesia sheets, consultation requests and reports, all laboratory and imaging results, memos, letters, insurance forms, bills, and all other written records concerning me in your possession."
Do not take "no" for an answer, and do not accept mere summaries of records. You're entitled to your full medical records. You may need to sign for them, and you may be asked to pay a copying charge, but a healthcare provider cannot refuse to release your records. If they do refuse to release your records, ask for the refusal in writing so that you can submit it to the State Medical Board and Secretary of State. That should do the trick.
Finally, contact your attorney as soon as possible. The average medical malpractice case lasts three years; the sooner you get started, the better.
Contact Michael Neff today at (404) 531-9700 or mneff@mlnlaw.com.
For more information, see Medical Malpractice – Atlanta, Georgia Personal Injury Lawyer.
Labels: atlanta medical malpractice, atlanta personal injury, injury damages, injury settlements, negligence, traumatic brain injury
Have you suffered a personal injury? Are you worried about how you're going to pay your medical bills? Atlanta personal injury attorney Michael Neff can help.
Michael Neff specializes in tractor trailer wrecks and other automobile accidents, suing drunk drivers for personal injury, violent crime attacks, medical malpractice, injuries on the job, and falls, trips, and slips of all kinds, whenever another party is liable for negligence.
Injuries to Your Person
Motor vehicle collisions make up the most common type of personal injury cases. Medical malpractice and medical neglect are also common.
Sadly, nursing home neglect is all too common. Signs of nursing home neglect may include frequent injuries, pressure ulcers, broken bones, heavy medication or sedation, malnutrition, dehydration, rapid weight loss or weight gain, and unexplained death. If you have a relative or loved one in a nursing home, visit them often. If you suspect neglect, you may want to file a complaint with the Georgia Department of Human Resources Office of Regulatory Services or pursue legal action.
Businesses and property owners may be negligent. If their negligence causes a personal injury, then you can sue. Property owners, for instance, must provide adequate security and notice of dangerous conditions.
If you're injured by a defective product or your neighbor's dog, then you may be entitled to compensation as well.
And, of course, you'll likely sustain a personal injury if someone attacks you intentionally, as in the case of violent crime.
Injuries to Your Reputation
Defamation, the issuance of a false statement about you, may injure your reputation, business, or livelihood. Libel includes making a defamatory statement in print, while slander involves oral defamation.
Injuries to Your Property
Theft, embezzlement, wrongful conversion, and vandalism may cause injuries to your property. Often, a property damage claim will need to be filed separately from a personal injury claim. An experienced lawyer will be able to tell you how to best proceed.
Get the Personal Injury Compensation You Deserve
If you've suffered any of the above injures, then you may be entitled to compensation. It is your legal right to hold accountable whoever caused your injury and associated impairment, medical bills, loss of income, and decreased quality of life.
During the aftermath of a personal injury, contacting an attorney may be the last thing on your mind, but it's important to do so quickly. (You can bet that the opposing insurance company will have an investigator on the scene as soon as possible!) As time passes, evidence may disappear. If your attorney can investigate the case promptly, you'll have a better chance of being awarded the benefits you deserve. Additionally, your claims may be waved if they're not brought about in a timely manner; thus, you can lose your chance of recovery if you don't act promptly.
Michael Neff - Atlanta Attorney - Injury Personal
To consult with an attorney about your personal injury questions, please send your questions or concerns via e-mail to mneff@mlnlaw.com or call (404) 531-9700. For more information, see Personal Injury – Atlanta, Georgia Personal Injury Lawyer.
Michael Neff specializes in tractor trailer wrecks and other automobile accidents, suing drunk drivers for personal injury, violent crime attacks, medical malpractice, injuries on the job, and falls, trips, and slips of all kinds, whenever another party is liable for negligence.
Injuries to Your Person
Motor vehicle collisions make up the most common type of personal injury cases. Medical malpractice and medical neglect are also common.
Sadly, nursing home neglect is all too common. Signs of nursing home neglect may include frequent injuries, pressure ulcers, broken bones, heavy medication or sedation, malnutrition, dehydration, rapid weight loss or weight gain, and unexplained death. If you have a relative or loved one in a nursing home, visit them often. If you suspect neglect, you may want to file a complaint with the Georgia Department of Human Resources Office of Regulatory Services or pursue legal action.
Businesses and property owners may be negligent. If their negligence causes a personal injury, then you can sue. Property owners, for instance, must provide adequate security and notice of dangerous conditions.
If you're injured by a defective product or your neighbor's dog, then you may be entitled to compensation as well.
And, of course, you'll likely sustain a personal injury if someone attacks you intentionally, as in the case of violent crime.
Injuries to Your Reputation
Defamation, the issuance of a false statement about you, may injure your reputation, business, or livelihood. Libel includes making a defamatory statement in print, while slander involves oral defamation.
Injuries to Your Property
Theft, embezzlement, wrongful conversion, and vandalism may cause injuries to your property. Often, a property damage claim will need to be filed separately from a personal injury claim. An experienced lawyer will be able to tell you how to best proceed.
Get the Personal Injury Compensation You Deserve
If you've suffered any of the above injures, then you may be entitled to compensation. It is your legal right to hold accountable whoever caused your injury and associated impairment, medical bills, loss of income, and decreased quality of life.
During the aftermath of a personal injury, contacting an attorney may be the last thing on your mind, but it's important to do so quickly. (You can bet that the opposing insurance company will have an investigator on the scene as soon as possible!) As time passes, evidence may disappear. If your attorney can investigate the case promptly, you'll have a better chance of being awarded the benefits you deserve. Additionally, your claims may be waved if they're not brought about in a timely manner; thus, you can lose your chance of recovery if you don't act promptly.
Michael Neff - Atlanta Attorney - Injury Personal
To consult with an attorney about your personal injury questions, please send your questions or concerns via e-mail to mneff@mlnlaw.com or call (404) 531-9700. For more information, see Personal Injury – Atlanta, Georgia Personal Injury Lawyer.
Labels: car wreck, contingency attorney fee, Georgia personal injury law, medical malpractice, negligence, tractor trailer, trip and fall, violent crime victim
Traumatic brain injuries are a leading cause of death and disability in Georgia. A traumatic brain injury, or head injury, occurs when sudden trauma causes damage to the brain. It may be the result of a car or truck accident, a fall, a blow to the head or of an object piercing of the skull and brain tissue. Symptoms may be mild to moderate, ranging from headaches to seizures, changes in thinking and behavior, and other serious neurological problems.
Traumatic brain injury is most common among those between the ages of 15 and 24 and above 75. Young children are also at high risk for head injury.
Treatment of traumatic brain injuries may include surgery, pharmaceuticals, rehabilitation (including physical therapy, occupational therapy, and speech therapy), and psychological counseling.
Approximately half of those with severe head injuries require surgery. Common disabilities resulting from severe head injury include problems with thinking, memory, and reasoning; problems with sensory processing of sight, hearing, touch, taste, or smell; changes in behavior or mental health, including depression, anxiety, and aggression. Serious brain injuries may also lead to unresponsive states, coma, or vegetative states.
Traumatic brain injuries may also cause personality changes; in fact, this may be the most noticeable symptom. In 1848, for example, railway worker Phineas Gage suffered a severe head injury when an explosion sent a three-foot iron rod through his skull. He never lost consciousness. While he survived the accident; Mr. Gage, a formerly quiet, mild-mannered man became a totally different person – crude, obscene, and self-absorbed. His personality problems persisted until he died nearly 20 years later.
Often, only close friends and family members notice the personality changes that result from traumatic brain injury. These changes may not appear until days or weeks after the injury.
If you or someone you love has suffered a traumatic brain injury, you can learn more from the Brain Injury Association of America. You may also be interested in Traumatic Brain Injury: Hope Through Research, a booklet about traumatic brain injury prepared by the National Institute of Neurological Disorders and Stroke (NINDS).
Unfortunately, people with traumatic brain injuries often face economic hardship on top of physical, mental, and emotional problems. In the United States, direct medical costs of brain injury plus indirect costs (like lost productivity) total over $60 billion per year!
A life-changing head injury can make you feel helpless, hopeless, and frustrated – but you do not have to face it alone. Michael Lawson Neff can help. As an experienced Atlanta traumatic brain injury lawyer, he has the expertise and resources to help you win your claim. Michael Neff will help you conquer those feelings of helplessness and hopelessness by securing your future with just compensation.
Situations in which someone else may be at fault for a traumatic brain injury include vehicle crashes, sports-related accidents, work-related injuries, assault, slips and falls, and product liability. Additionally, children may suffer brain injury from poisoning by lead paint dust in older homes and apartments.
In Georgia, if someone else's action (or lack thereof) contributed to a traumatic brain injury, victims and their survivors may sue for damages including medical costs, lost wages, pain and suffering, and property loss.
My personal injury clients are not "cases" to me; they are people whose lives have been forever changed through no fault of their own. – Michael Lawson Neff, Atlanta Traumatic Brain Injury Lawyer
If you believe that someone else may be legally responsible for your head injury or that of a loved one, contact Michael Neff as soon as possible. He will help you get the compensation you deserve. It's important to act now because evidence may be compromised or lost as time passes. Contact Michael Neff now at (404) 531-9700 or lawyer@mlnlaw.com. For more information, see Traumatic Brain Injury.
Traumatic brain injury is most common among those between the ages of 15 and 24 and above 75. Young children are also at high risk for head injury.
Treatment of traumatic brain injuries may include surgery, pharmaceuticals, rehabilitation (including physical therapy, occupational therapy, and speech therapy), and psychological counseling.
Approximately half of those with severe head injuries require surgery. Common disabilities resulting from severe head injury include problems with thinking, memory, and reasoning; problems with sensory processing of sight, hearing, touch, taste, or smell; changes in behavior or mental health, including depression, anxiety, and aggression. Serious brain injuries may also lead to unresponsive states, coma, or vegetative states.
Traumatic brain injuries may also cause personality changes; in fact, this may be the most noticeable symptom. In 1848, for example, railway worker Phineas Gage suffered a severe head injury when an explosion sent a three-foot iron rod through his skull. He never lost consciousness. While he survived the accident; Mr. Gage, a formerly quiet, mild-mannered man became a totally different person – crude, obscene, and self-absorbed. His personality problems persisted until he died nearly 20 years later.
Often, only close friends and family members notice the personality changes that result from traumatic brain injury. These changes may not appear until days or weeks after the injury.
If you or someone you love has suffered a traumatic brain injury, you can learn more from the Brain Injury Association of America. You may also be interested in Traumatic Brain Injury: Hope Through Research, a booklet about traumatic brain injury prepared by the National Institute of Neurological Disorders and Stroke (NINDS).
Unfortunately, people with traumatic brain injuries often face economic hardship on top of physical, mental, and emotional problems. In the United States, direct medical costs of brain injury plus indirect costs (like lost productivity) total over $60 billion per year!
A life-changing head injury can make you feel helpless, hopeless, and frustrated – but you do not have to face it alone. Michael Lawson Neff can help. As an experienced Atlanta traumatic brain injury lawyer, he has the expertise and resources to help you win your claim. Michael Neff will help you conquer those feelings of helplessness and hopelessness by securing your future with just compensation.
Situations in which someone else may be at fault for a traumatic brain injury include vehicle crashes, sports-related accidents, work-related injuries, assault, slips and falls, and product liability. Additionally, children may suffer brain injury from poisoning by lead paint dust in older homes and apartments.
In Georgia, if someone else's action (or lack thereof) contributed to a traumatic brain injury, victims and their survivors may sue for damages including medical costs, lost wages, pain and suffering, and property loss.
My personal injury clients are not "cases" to me; they are people whose lives have been forever changed through no fault of their own. – Michael Lawson Neff, Atlanta Traumatic Brain Injury Lawyer
If you believe that someone else may be legally responsible for your head injury or that of a loved one, contact Michael Neff as soon as possible. He will help you get the compensation you deserve. It's important to act now because evidence may be compromised or lost as time passes. Contact Michael Neff now at (404) 531-9700 or lawyer@mlnlaw.com. For more information, see Traumatic Brain Injury.
Labels: car accidents, Georgia personal injury lawyer, traumatic brain injury, trip and fall
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