Atlanta, Georgia Personal Injury Lawyer
Atlanta personal injury lawyer blog
Monday, June 29, 2009
Operation Zero Tolerance Targets Georgia Drunk Drivers
In terms of highway safety, the Fourth of July is the deadliest day of the year. Georgia State Troopers and other law enforcement officers have already begun their crackdown for the upcoming holiday.
Operation Zero Tolerance will run through Sunday, July 5. Officers will be out in full force and on the lookout for impaired drivers and reckless speeders, as well as people who are not wearing safety belts.
“Operation Zero Tolerance sends state troopers and other law enforcement out in concentrated patrols, particularly targeting drunk drivers. We’re going to be conducting several road safety checks and working closely with Sheriff’s offices and police departments in a joint effort,” said Cpl. Kyle Duke of the Georgia State Patrol.
In Georgia, alcohol is involved in one out of five crashes. Last year during the Fourth of July travel period, nearly half of the 14 traffic fatalities in Georgia involved a drunk driver.
Bob Dallas, director of the Governor’s Office of Highway Safety, advises people to pre-plan their celebrations and arrange for a designated sober driver or a taxi cab. It’s a good idea to store taxi cab numbers on your cell phone just in case you need one.
“Driving while impaired just isn’t worth this incredible risk,” said Dallas. “Regardless of age or level of driving experience, drivers who consume too many spirits while getting into the holiday spirit must find a safe and sober ride home. If not, Operation Zero Tolerance has significantly increased their chances of arrest in Georgia, while their excessive alcohol consumption has significantly decreased their chances of survival anywhere they drive.”
If you’re serving as a designated driver this Fourth of July, make sure that all of your passengers are wearing their seat belts, and don’t allow any open containers of alcohol in your vehicle.
If you spot an impaired driver, call 911 immediately. You can also call *GSP on your cell phone to reach the nearest Georgia State Patrol post.
To be safe, drive as little as possible this holiday weekend. Keep in mind that this is one of the busiest days of the year, and many drivers will be impaired. Drive defensively, wear your seat belts, and stay within the speed limit. Try to arrive at your destination early and stay put, especially if you plan to drink. This will make the roads safer for us all.
If you’re injured in an accident with a drunk driver, call 911 and, if possible, collect evidence at the scene of the accident. Get names and phone numbers of any witnesses, and take photos of the accident scene. See a doctor immediately to have your injuries evaluated, and call an attorney as soon as possible. Your attorney will need to act quickly to investigate the accident and collect evidence.
MLN Law aggressively pursues claims against drunk drivers. We work hard for victims of drunk driving accidents to get them the compensation they deserve. Call MLN Law at (404) 531-9700 to schedule your free consultation with an experienced attorney.
Here’s a Fourth of July video press release from the Governor’s Office of Highway Safety:
Thursday, June 4, 2009
Georgia Spinal Cord Injury Lawyer
Tuesday, May 12, 2009
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 Attorney - Injury Personal
Sunday, September 21, 2008
Military contractors seek to avoid American Justice
Monday, September 15, 2008
Crash lawsuit governed by Islamic law?
Monday, July 14, 2008
Georgia Courts favor businesses over consumers?
Is a two-inch difference in elevation on the road a “defect?” Not in Dallas
Monday, July 7, 2008
How to prove someone else’s fault if in a car wreck?
Been injured? Follow the doctor's advice.
The four elements for a Georgia personal injury, or tort lawsuit
The “Pants Judge” files a new lawsuit
In terms of highway safety, the Fourth of July is the deadliest day of the year. Georgia State Troopers and other law enforcement officers have already begun their crackdown for the upcoming holiday.Operation Zero Tolerance will run through Sunday, July 5. Officers will be out in full force and on the lookout for impaired drivers and reckless speeders, as well as people who are not wearing safety belts.
“Operation Zero Tolerance sends state troopers and other law enforcement out in concentrated patrols, particularly targeting drunk drivers. We’re going to be conducting several road safety checks and working closely with Sheriff’s offices and police departments in a joint effort,” said Cpl. Kyle Duke of the Georgia State Patrol.
In Georgia, alcohol is involved in one out of five crashes. Last year during the Fourth of July travel period, nearly half of the 14 traffic fatalities in Georgia involved a drunk driver.
Bob Dallas, director of the Governor’s Office of Highway Safety, advises people to pre-plan their celebrations and arrange for a designated sober driver or a taxi cab. It’s a good idea to store taxi cab numbers on your cell phone just in case you need one.
“Driving while impaired just isn’t worth this incredible risk,” said Dallas. “Regardless of age or level of driving experience, drivers who consume too many spirits while getting into the holiday spirit must find a safe and sober ride home. If not, Operation Zero Tolerance has significantly increased their chances of arrest in Georgia, while their excessive alcohol consumption has significantly decreased their chances of survival anywhere they drive.”
If you’re serving as a designated driver this Fourth of July, make sure that all of your passengers are wearing their seat belts, and don’t allow any open containers of alcohol in your vehicle.
If you spot an impaired driver, call 911 immediately. You can also call *GSP on your cell phone to reach the nearest Georgia State Patrol post.
To be safe, drive as little as possible this holiday weekend. Keep in mind that this is one of the busiest days of the year, and many drivers will be impaired. Drive defensively, wear your seat belts, and stay within the speed limit. Try to arrive at your destination early and stay put, especially if you plan to drink. This will make the roads safer for us all.
If you’re injured in an accident with a drunk driver, call 911 and, if possible, collect evidence at the scene of the accident. Get names and phone numbers of any witnesses, and take photos of the accident scene. See a doctor immediately to have your injuries evaluated, and call an attorney as soon as possible. Your attorney will need to act quickly to investigate the accident and collect evidence.
MLN Law aggressively pursues claims against drunk drivers. We work hard for victims of drunk driving accidents to get them the compensation they deserve. Call MLN Law at (404) 531-9700 to schedule your free consultation with an experienced attorney.
Here’s a Fourth of July video press release from the Governor’s Office of Highway Safety:
Labels: avoid wrecks, driver safety, drunk driver, drunk driving, DUI, Georgia personal injury law, reckless driving
Spinal cord injuries are often devastating, both physically and emotionally. If you or a loved one has suffered a spinal cord injury at the fault of another, you need a Georgia spinal cord injury lawyer who can see your perspective as well as that of the court.
At MLN Law, we see spinal cord injury victims as human beings and not simply legal cases. We understand that spinal cord injuries completely change lives, but we also know that the injuries can be overcome. If you’ve suffered a spinal cord injury, you don’t have to give up your hopes, dreams, and aspirations. You can still lead a rewarding, productive life. In fact, some of our most inspiring clients have been quadriplegics and paraplegics.
Dealing with a spinal cord injury, however, is not easy. It is one of the worst physical injuries one can sustain, and it can also take its toll on family members and bank accounts. By working with doctors, physical therapists, financial planners, and other experts, as well as countless spinal cord injury victims over the years, we have come to understand what it takes to overcome such an injury. It takes a lot - a lot of time, patience, rehabilitation, hard work, and money. If someone else is at fault for your injury, we can get you the compensation you need to get your life back on track.
We not only have trial experience, but we also have experience in dealing with insurance companies. While we have the confidence to go to trial and argue your case (and we handle each case as if we will go to trial), we know that a trial is not always the best option. Sometimes, an alterative resolution is the best option for our clients. We will look at all options and help you decide what’s best for you.
Not all personal injury attorneys understand the intricacies and complications of spinal cord injuries. We know how trying it can be to deal with not only weakness or paralysis but also associated problems like autonomic dysreflexia, muscle plasticity, pressures sores, and depression. Through caring, aggressive representation, we will work to get you the compensation and resources you need to overcome such problems and go on with your life.
If your spinal cord injury was caused by the negligence of an individual or organization, then the guilty party should be held accountable for all costs involved, including past and future medical bills and related expenses. Whether you were injured in a motorcycle accident, auto accident, tractor trailer accident, construction accident, or another type of accident, if a negligent party is a fault, we will help you recover the compensation you need to cover for medical bills, lost wages, and skilled, reliable long-term care.
You don’t have to face the mounting bills and unknown future alone. We can help. We will stand up against the insurance companies and protect your rights to get the recovery you deserve. Call MLN Law at (404) 531-9700 to schedule your free consultation.
At MLN Law, we see spinal cord injury victims as human beings and not simply legal cases. We understand that spinal cord injuries completely change lives, but we also know that the injuries can be overcome. If you’ve suffered a spinal cord injury, you don’t have to give up your hopes, dreams, and aspirations. You can still lead a rewarding, productive life. In fact, some of our most inspiring clients have been quadriplegics and paraplegics.
Dealing with a spinal cord injury, however, is not easy. It is one of the worst physical injuries one can sustain, and it can also take its toll on family members and bank accounts. By working with doctors, physical therapists, financial planners, and other experts, as well as countless spinal cord injury victims over the years, we have come to understand what it takes to overcome such an injury. It takes a lot - a lot of time, patience, rehabilitation, hard work, and money. If someone else is at fault for your injury, we can get you the compensation you need to get your life back on track.
We not only have trial experience, but we also have experience in dealing with insurance companies. While we have the confidence to go to trial and argue your case (and we handle each case as if we will go to trial), we know that a trial is not always the best option. Sometimes, an alterative resolution is the best option for our clients. We will look at all options and help you decide what’s best for you.
Not all personal injury attorneys understand the intricacies and complications of spinal cord injuries. We know how trying it can be to deal with not only weakness or paralysis but also associated problems like autonomic dysreflexia, muscle plasticity, pressures sores, and depression. Through caring, aggressive representation, we will work to get you the compensation and resources you need to overcome such problems and go on with your life.
If your spinal cord injury was caused by the negligence of an individual or organization, then the guilty party should be held accountable for all costs involved, including past and future medical bills and related expenses. Whether you were injured in a motorcycle accident, auto accident, tractor trailer accident, construction accident, or another type of accident, if a negligent party is a fault, we will help you recover the compensation you need to cover for medical bills, lost wages, and skilled, reliable long-term care.
You don’t have to face the mounting bills and unknown future alone. We can help. We will stand up against the insurance companies and protect your rights to get the recovery you deserve. Call MLN Law at (404) 531-9700 to schedule your free consultation.
Labels: Georgia personal injury, Georgia personal injury law, Georgia personal injury lawyer, personal injury lawsuits, personal injury lawyer, serious injuries, spine, spine 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 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
Reporter Joseph Neff recently noted that private military firm related to Blackwater has asked a federal court to decide a personal injury lawsuit filed in Florida by using the Islamic law known as Shari’a.
The widows of three American soldiers who died in Afghanistan when a flight operated by Presidential Airways crashed, should be “...governed by the law of Afghanistan,”
According to Presidential Airways arguments to a Florida federal court, “Afghan law is largely religion-based and evidences a strong concern for ensuring moral responsibility, and deterring violations of obligations within its borders.”
If the judge agrees, it would essentially end the lawsuit over a botched flight as Shari’a law does not hold a company responsible for the actions of employees performed within the course of their work.
The National Transportation Safety Board has blamed the crash on Presidential for its “failure to require its flight crews to file and fly a defined route,” and for not supervising to ensure that crews followed company policies and Pentagon and FAA safety regulations.
For the full article, see http://www.newsobserver.com/front/v-print/story/1112843.html
If you or a loved one have a question about negligent conduct that results in death or serious injury - whether it happens in Georgia or not, you should consult with an experience personal injury lawyer. At the Law Offices of Michael L. Neff, we are here to answer your questions.
The widows of three American soldiers who died in Afghanistan when a flight operated by Presidential Airways crashed, should be “...governed by the law of Afghanistan,”
According to Presidential Airways arguments to a Florida federal court, “Afghan law is largely religion-based and evidences a strong concern for ensuring moral responsibility, and deterring violations of obligations within its borders.”
If the judge agrees, it would essentially end the lawsuit over a botched flight as Shari’a law does not hold a company responsible for the actions of employees performed within the course of their work.
The National Transportation Safety Board has blamed the crash on Presidential for its “failure to require its flight crews to file and fly a defined route,” and for not supervising to ensure that crews followed company policies and Pentagon and FAA safety regulations.
For the full article, see http://www.newsobserver.com/front/v-print/story/1112843.html
If you or a loved one have a question about negligent conduct that results in death or serious injury - whether it happens in Georgia or not, you should consult with an experience personal injury lawyer. At the Law Offices of Michael L. Neff, we are here to answer your questions.
Labels: Georgia personal injury law, negligence, wrongful death
Reporter Joseph Neff recently noted that a sister company of the private military firm Blackwater has asked a federal court to decide a personal injury lawsuit filed in Florida by using the Islamic law known as Shari’a.
The widows of three American soldiers who died in Afghanistan when a flight operated by Presidential Airways crashed, should be “...governed by the law of Afghanistan,”
According to Presidential Airways arguments to a Florida federal court, “Afghan law is largely religion-based and evidences a strong concern for ensuring moral responsibility, and deterring violations of obligations within its borders.”
If the judge agrees, it would essentially end the lawsuit over a botched flight as Shari’a law does not hold a company responsible for the actions of employees performed within the course of their work.
The National Transportation Safety Board has blamed the crash on Presidential for its “failure to require its flight crews to file and fly a defined route,” and for not supervising to ensure that crews followed company policies and Pentagon and FAA safety regulations.
For the full article, see http://www.newsobserver.com/front/v-print/story/1112843.html
If you or a loved one have a question about negligent conduct that results in death or serious injury - whether it happens in Georgia or not, you should consult with an experience personal injury lawyer. At the Law Offices of Michael L. Neff, we are here to answer your questions.
The widows of three American soldiers who died in Afghanistan when a flight operated by Presidential Airways crashed, should be “...governed by the law of Afghanistan,”
According to Presidential Airways arguments to a Florida federal court, “Afghan law is largely religion-based and evidences a strong concern for ensuring moral responsibility, and deterring violations of obligations within its borders.”
If the judge agrees, it would essentially end the lawsuit over a botched flight as Shari’a law does not hold a company responsible for the actions of employees performed within the course of their work.
The National Transportation Safety Board has blamed the crash on Presidential for its “failure to require its flight crews to file and fly a defined route,” and for not supervising to ensure that crews followed company policies and Pentagon and FAA safety regulations.
For the full article, see http://www.newsobserver.com/front/v-print/story/1112843.html
If you or a loved one have a question about negligent conduct that results in death or serious injury - whether it happens in Georgia or not, you should consult with an experience personal injury lawyer. At the Law Offices of Michael L. Neff, we are here to answer your questions.
Labels: Georgia personal injury law, negligence, wrongful death
Reporter Jake Armstrong wrote an article, "Highest courts' opinions favor business, study says" that reported a release by Atlanta based Georgia Watch, a nonpartisan consumer advocacy group that stated that Georgia laws tend to favor businesses over consumers, and appeals court rulings reflect that favortism. Georgia Watch made that determination after tracking Georgia Supreme Court and Georgia Court of Appeals rulings handed down in 2007.
Further support for that conclusion is the statement by Joe Fleming, senior vice president of government affairs for the Georgia Chamber of Commerce. It is reported that Mr. Fleming said the chamber supports the court's "narrow interpretations" of Georgia law.
Among the positive decisions cited by Georgia Watch for consumers came in the area of Insurance. The Georgia Supreme Court did rule that that insurance companies cannot sell policies that contain offsets for personal injury benefits, which deduct from the policy benefits any compensation the insured receives from workers' compensation and Social Security after a car or truck accident.
For the full article see http://savannahnow.com/node/516515
Further support for that conclusion is the statement by Joe Fleming, senior vice president of government affairs for the Georgia Chamber of Commerce. It is reported that Mr. Fleming said the chamber supports the court's "narrow interpretations" of Georgia law.
Among the positive decisions cited by Georgia Watch for consumers came in the area of Insurance. The Georgia Supreme Court did rule that that insurance companies cannot sell policies that contain offsets for personal injury benefits, which deduct from the policy benefits any compensation the insured receives from workers' compensation and Social Security after a car or truck accident.
For the full article see http://savannahnow.com/node/516515
Labels: auto insurance, Georgia personal injury law, Georgia supreme court
Kenneth Reed brought suit against the City of Dallas to recover personal injury damages from a motorcycle accident caused by a two-inch elevation variance on the road that he hit as he was changing lanes.
Mr. Reed alleged the sharp uneven pavement between the traffic lanes constitutes a special defect or a premises defect under the Texas Tort Claims Act. In response, the City argued the two-inch elevation difference between the lanes was not a defect of any kind.
Special defects are defined as “excavations or obstructions on highways, roads, or streets” that present an “unexpected and unusual danger to ordinary users of roadways.”
Where one of these special defects exists, say the court, the State owes the same duty to warn people that a private landowner owes to someone on his or her property. However, the court went on, not only is the two-inch drop-off not in the same kind or class as an excavation or obstruction, there is nothing unusually dangerous about a slight drop-off between traffic lanes in the roadway. Ordinary drivers should expect slight variations on the road caused by normal deterioration.
To prove the city had actual knowledge of the variance, and was therefore negligent, Mr. Reed submitted the street inspector’s testimony that showed she was aware of the drop-off on the roadway and had reported her findings to the city. But the report did not reveal the drop-off's potential danger, and reported the road condition was “fair” at the time of inspection. It was not until after the accident that the street inspector acknowledged the road could likely receive a poor rating. But because actual knowledge requires knowledge that the dangerous condition existed at the time of the accident, and the city lacked actual knowledge of the dangerous condition, the case was dismissed.
If you know someone who was injured in Georgia because of a road design defect or negligent road construction or maintenance, please contact the injury attorneys at The Law Offices of Michael L. Neff for a free consultation
Mr. Reed alleged the sharp uneven pavement between the traffic lanes constitutes a special defect or a premises defect under the Texas Tort Claims Act. In response, the City argued the two-inch elevation difference between the lanes was not a defect of any kind.
Special defects are defined as “excavations or obstructions on highways, roads, or streets” that present an “unexpected and unusual danger to ordinary users of roadways.”
Where one of these special defects exists, say the court, the State owes the same duty to warn people that a private landowner owes to someone on his or her property. However, the court went on, not only is the two-inch drop-off not in the same kind or class as an excavation or obstruction, there is nothing unusually dangerous about a slight drop-off between traffic lanes in the roadway. Ordinary drivers should expect slight variations on the road caused by normal deterioration.
To prove the city had actual knowledge of the variance, and was therefore negligent, Mr. Reed submitted the street inspector’s testimony that showed she was aware of the drop-off on the roadway and had reported her findings to the city. But the report did not reveal the drop-off's potential danger, and reported the road condition was “fair” at the time of inspection. It was not until after the accident that the street inspector acknowledged the road could likely receive a poor rating. But because actual knowledge requires knowledge that the dangerous condition existed at the time of the accident, and the city lacked actual knowledge of the dangerous condition, the case was dismissed.
If you know someone who was injured in Georgia because of a road design defect or negligent road construction or maintenance, please contact the injury attorneys at The Law Offices of Michael L. Neff for a free consultation
Labels: Georgia personal injury law, injury attorney, negligent road design
You can prove fault in a traffic accident through several types of evidence. It is a good idea to have a spare camera in the glove box to take photos of the scene and of the damage to the vehicles.
Next to photos, a police report is probably the most important piece of evidence. It records the police officer’s account of the accident, and many times, his or her opinion about who was at fault. If one of the parties committed a traffic violation that will be included in the police report and provides strong evidence about who was at fault.
In a rear-end collision, it is almost always the fault of the person who did the rear-ending, because Georgia law requires drivers to stay a safe distance away from cars in front of us. But be aware that even in rear-end collisions, a lead vehicle can still be partially at fault if your carelessness led to the collision. In the same way as a rear-end collision is presumed to be the fault of the rear-ender, Georgia law states that a car making a left turn is almost always at fault if it collides with a driver going straight, unless speeding or running a red light is an issue.
For more information about Georgia personal injury laws and proving fault in traffic accidents, call or email the attorneys at The Law Offices of Michael L. Neff.
Next to photos, a police report is probably the most important piece of evidence. It records the police officer’s account of the accident, and many times, his or her opinion about who was at fault. If one of the parties committed a traffic violation that will be included in the police report and provides strong evidence about who was at fault.
In a rear-end collision, it is almost always the fault of the person who did the rear-ending, because Georgia law requires drivers to stay a safe distance away from cars in front of us. But be aware that even in rear-end collisions, a lead vehicle can still be partially at fault if your carelessness led to the collision. In the same way as a rear-end collision is presumed to be the fault of the rear-ender, Georgia law states that a car making a left turn is almost always at fault if it collides with a driver going straight, unless speeding or running a red light is an issue.
For more information about Georgia personal injury laws and proving fault in traffic accidents, call or email the attorneys at The Law Offices of Michael L. Neff.
Labels: auto accident, fault, Georgia personal injury law, negligence, traffic wreck
If you’ve suffered a serious injury, it is important to get trustworthy medical advice and follow it. But sometimes, you may feel that all the work in rehabilitation and treatment is too painful. Or maybe you aren't feeling up to it? Maybe you think it too time consuming to continue with your medical care? Think again.
Skipping treatments may not only set your recovery back, but if you are involved in a personal injury case, skipping treatments may seriously affect the value of your case. Discuss any concerns you have about the treatment with your doctor.
If you skip medical treatments or any part of your rehabilitation, the insurance defense lawyer will always use it against you. Remember that the burden of proof is on you—the plaintiff. An insurance company is always looking to hurt your claim so it can save money. Have you been injured? The injury lawyers at The Law Offices of Michael L. Neff urge you to follow your doctor’s orders. Your health and your case may depend on it!
Skipping treatments may not only set your recovery back, but if you are involved in a personal injury case, skipping treatments may seriously affect the value of your case. Discuss any concerns you have about the treatment with your doctor.
If you skip medical treatments or any part of your rehabilitation, the insurance defense lawyer will always use it against you. Remember that the burden of proof is on you—the plaintiff. An insurance company is always looking to hurt your claim so it can save money. Have you been injured? The injury lawyers at The Law Offices of Michael L. Neff urge you to follow your doctor’s orders. Your health and your case may depend on it!
Labels: Georgia personal injury law, insurance lawyer, solid medical advice
How do you know if you have a injury case under Georgia law? What are the circumstances that determine a good case? In a tort lawsuit, there must be four elements present. They are:
1. The existence of a legal duty owed by a person to others
2. The breach of the duty by one person
3. The breach of the duty being the “proximate cause” of damages suffered by a person
4. Damages incurred by a person.
In Georgia, a successful tort lawsuit will contain all of these elements. Auto accidents, medical malpractice claims, slip and fall claims, and asbestos exposure are all types of torts. By Georgia law, people injured by a tort are eligible to recover for loss of earnings, pain and suffering, medical expenses, and - in some cases - punitive damages.
For more information to see if you have an injury claim, call or email us.
1. The existence of a legal duty owed by a person to others
2. The breach of the duty by one person
3. The breach of the duty being the “proximate cause” of damages suffered by a person
4. Damages incurred by a person.
In Georgia, a successful tort lawsuit will contain all of these elements. Auto accidents, medical malpractice claims, slip and fall claims, and asbestos exposure are all types of torts. By Georgia law, people injured by a tort are eligible to recover for loss of earnings, pain and suffering, medical expenses, and - in some cases - punitive damages.
For more information to see if you have an injury claim, call or email us.
Labels: atlanta, Georgia, Georgia personal injury law, injury attorney
Unfortunately, the “lost pants” judge is back. Roy Pearson is the former Washington D.C. administrative law judge who sued a dry cleaner for $64 million because they lost his pants.
Pearson's personal injury claim against the dry cleaners hinged on a customer satisfaction assurance posted inside the store. Although the dry cleaner returned a pair of pants to him, he claimed they were not the same pants that he had taken in to have cleaned. Pearson lost his pants, and this Washington personal injury case—he also lost his job; he was not reappointed after his term as an administrative judge expired.
According to CNN, Pearson has filed another personal injury lawsuit, now against the city, saying that he was victimized by “unlawful demotion and subsequent termination.”
In his new personal injury lawsuit, he seeks to regain his $100,000 per year position as an administrative law judge and is asking to be awarded compensatory and punitive damages in excess of $1 million. Hopefully, Mr. Pearson will stay out of Georgia.
Pearson's personal injury claim against the dry cleaners hinged on a customer satisfaction assurance posted inside the store. Although the dry cleaner returned a pair of pants to him, he claimed they were not the same pants that he had taken in to have cleaned. Pearson lost his pants, and this Washington personal injury case—he also lost his job; he was not reappointed after his term as an administrative judge expired.
According to CNN, Pearson has filed another personal injury lawsuit, now against the city, saying that he was victimized by “unlawful demotion and subsequent termination.”
In his new personal injury lawsuit, he seeks to regain his $100,000 per year position as an administrative law judge and is asking to be awarded compensatory and punitive damages in excess of $1 million. Hopefully, Mr. Pearson will stay out of Georgia.
Labels: Georgia personal injury law, lawsuit, personal injury
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