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Atlanta personal injury lawyer blog Wednesday, January 20, 2010

  Georgia Cheerleading Injuries and Safety

Recently I have written quite a bit about traumatic brain injuries associated with football. Football players are at risk of serious injury, but we should not forget about the risk of injury for the athletes on the sidelines of the field: the cheerleaders.

As the University of Michigan video below reveals, cheerleading has become the leading cause of catastrophic injury among young female athletes. Over recent years, cheerleading has become more athletic and more dangerous.

A November 2009 study published in the Journal of Athletic training found that modern cheerleading stunts are the cause of 60 percent of cheerleading injuries. Further, cheerleading stunts such as "cradles, elevators, extensions, pyramids, single-based stunts, stunt-cradle combinations, transitions and miscellaneous partner and group stunts" are the cause of 96 percent of concussions and head injuries among cheerleaders.

Brenda Shields, author of the study and research coordinator at the Center for Injury Research and Policy at Nationwide Children's Hospital in Columbus, OH, reported that strains and sprains account for 53 percent of cheerleader injuries. The study also found that 83 percent of injuries occur during practice, and nearly 90 percent of serious injuries occurred while the cheerleaders were performing on grass, artificial turf, foam floors, or wood floors.

"Only spring floors and four-inch-thick landing mats placed on traditional foam floors provide enough impact-absorbing capacity for two-level stunts," Shields said. "There is a greater risk for severe injury as the fall height increases or the impact-absorbing capacity decreases, or both."

In my opinion, more schools should require the use of landing mats for all cheerleading stunts. Schools should also have strict rules about cheerleading practice, since most injuries occur during practice.

The American Association of Cheerleading Coaches and Administrators (AACCA) states the following in regard to practice: "Cheerleading squads should be placed under the direction of a qualified and knowledgeable advisor or coach. All practice sessions should be supervised by the coach and held in a location suitable for the activities of cheerleaders (i.e., use of appropriate mats, away from excessive noise and distractions, etc.). Prior to the performance of any skill, the immediate environment for the activity should be taken into consideration including, but not limited to proximity of non-squad personnel, performance surface, lighting and/or precipitation. Technical skills should not be performed on concrete, asphalt, wet or uneven surfaces or surfaces with obstructions. Advisors/coaches should recognize a squad's particular ability level and should limit the squad's activities accordingly. 'Ability level' refers to the squad's talents as a whole and individuals should not be pressed to perform activities until safely perfected. All cheerleaders should receive proper training before attempting any form of cheerleading gymnastics."

In cases where school officials have been negligent by not providing proper supervision or practice locations, the schools may be held accountable for cheerleading injuries. In the video below, Dr. Amy Bohn says, "There often aren't adequate safety measures in place in schools with cheerleading. One of the particular concerns is that they're often practicing in a variety of locations."

Dr. Bohn suggests that parents of cheerleaders should talk to cheerleading coaches about safety concerns, coaching experience, practice locations, and supervision at practice.

I'd like to applaud the University of Georgia for prohibiting the "basket toss," one of the most dangerous cheerleading stunts: "Due to safety and liability concerns, the University of Georgia Athletic Board prohibits the UGA cheer squad from doing basket tosses."

More schools should follow the example set by the University of Georgia and consider the safety risks of cheerleading.

If your child has been injured in a Georgia cheerleading accident, contact a Georgia personal injury attorney as soon as possible. Call MLN Law at 404-531-9700 to schedule a free consultation.

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Thursday, June 11, 2009

  Georgia Bus Accident Lawyer

If you’ve been living around Atlanta for a few years, you probably remember the Atlanta bus wreck that killed seven people, including five college baseball players in 2007. As a Georgia bus accident lawyer who follows the news closely, I certainly do.

It was a horrible bus accident. The college baseball team’s charter bus fell off a highway bypass 30 feet above the ground. It was a

More than two dozen passengers were injured. The bus driver, unfamiliar with Atlanta, apparently caused the accident by confusing a left-lane exit ramp with the highway. He drove the bus through a stop sign and into a concrete barrier at full speed.

The force of the impact whipped the massive bus around, and some passengers were thrown onto the overpass at impact. Then the bus tumbled off the overpass and onto Interstate 75 below.

Kitty Higgins of the National Transportation Safety Board said that an inspection of the bus revealed no problems with the brakes, suspension, tires, or steering. She said that the driver probably misread or missed signs that marked the left-lane exit which separates from the high-occupancy vehicle (HOV) lane.

Large busses, like large tractor trailer trucks, are top heavy and can easily lose control and flip. With passengers onboard, they can also weigh nearly as much as some semi trucks.

School buses are not exempt from the danger. School bus accidents in Georgia happen all too often. Last year a school bus in Canton overturned, sending 11 students to the hospital. Luckily, no one was killed. The bus lost control after the driver overcompensated when the tires went off the pavement.

According to the National Highway Traffic Safety Administration, 1,536 people died in school bus accidents between 1996 and 2006.

Here are some more alarming statistics on school bus wrecks:

- Approximately 40 people die in school bus accident each year.

- In 72 percent of fatal school bus accidents, the victims are occupants of other vehicles.

- Approximately 57 percent of school bus wrecks involve another vehicle.

- Each year, nearly 24 million children ride a school bus, and 12,000 of them are injured in school bus accidents.

Still, many school buses do not have safety belts or restraints of any kind. Other motorists are even more likely to be injured in a school bus wreck.

Because buses are so large and heavy, accidents often result in serious injury and death. Bus accidents may be caused by dangerous roads, weather conditions, defective parts, improper maintenance, or driver negligence, among others.

If you’ve been injured in a bus accident as a passenger, another motorist, or a pedestrian, you may be able to file a personal injury claim against the bus company (whether it‘s public or private). Cases against public or government organizations can be very complex and have strict time limits.

If you’ve been injured in a bus accident, contact an experienced Georgia bus accident lawyer as soon as possible. Remember, you have a limited amount of time to file a case. Plus, the longer you wait, the harder it will be for your attorney to collect valuable evidence.

MLN Law has the legal experience and medical expertise you need. Through caring, aggressive representation, we will fight to get you the compensation you deserve. Call (404) 531-9700 now to schedule your free consultation. If you wait, you may jeopardize your case.

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Thursday, June 4, 2009

  Georgia Spinal Cord Injury Lawyer

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.

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Friday, May 29, 2009

  Chinese Drywall Contaminates Georgia Homes

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.

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Wednesday, July 30, 2008

  Jury foreman laments a grueling mistrial

The Atlanta Journal-Constitution today published an editorial from a Cobb County resident who was a foreman on a traffic accident and personal injury case. The Cobb County state court judge indicated that the trial would likely last three days, but that became longer because the deliberations deadlocked as members remained entrenched in their positions. The judge declared a mistrial.

The foreman reflects: “I feel miserable at my own performance. I failed myself and my fellow jurors by not being able to mediate some sort of agreement. I failed [the judge], who had charged us with reaching a conclusion. I failed the defendant and the plaintiff for the same reasons. And I failed the citizens of the county in that this will now become more of a cost burden on our society at a time when austerity is more needed than ever. My failure means there will likely be another frivolous suit tried, more costs for the court, and higher premiums on our auto insurance.”

Michael Neff's position:

There is a reason why our court system is requires a unanimous agreement by all jurors - so that one person with strong opinions can't force a conclusion that is contrary to the evidence. The article stated that at least 3 people on the jury didn't agree with the foreperson that the case was "frivolous."

The foreperson wrote that he was concerned about people's auto insurance. He didn't mention that he had previously given money to the Trucking Industry's Political Action Committee. That doesn't mean he is a bad person. But perhaps he walked into court with some personal opinions and beliefs that made him more likely to see the case from the standpoint of big business. Georgia law forbids the mention of auto insurance in a personal injury trial. So he most likely walked into court with information and beliefs that were pro business.

I hope he was honest when he answered the voir dire questions at the beginning of the trial. The whole reason for jury selection is to identify people whose strong beliefs and experiences may indicate that they should not serve on a particular jury

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Tuesday, July 22, 2008

  Studies show older drivers can be safety risk

According to the Governors Highway Safety Assocation, the percentage of Americans 65 and older has tripled in the past 100 years. People are living longer. As a result, it is more and more likely that many Georgians will outlive their ability to drive safely.

According to the American Medical Association, older drivers (also referred to as mature drivers) have a higher risk of traffic fatalities for two reasons. First, drivers aged 75 and older are involved in significantly more car wrecks per mile driven than middle-aged drivers. Second, mature drivers are considerably more fragile than their younger counterparts, and are therefore more likely to suffer a fatal injury in the event of a crash.

The Insurance Institute for Highway Safety (IIHS) found that auto accidents actually account for fewer than 1 percent of fatalities among people 70 and older (heart disease and cancer are the leading causes of death). However, increasingly older drivers are keeping their drivers licenses longer and driving more miles than ever before.

An AAA Foundation for Traffic Safety study in 2004 found that drivers over the age of 65 are almost twice as likely to die in car crashes as drivers aged 55 to 64. The report also revealed that drivers over 75 were over two-and-a-half times as likely to die in an auto accident and drivers over 85 were almost four times as likely to die when compared to drivers aged 55 to 64.

The excess crash rate of mature drivers results from impairments in three functions that are important for driving: vision, cognition and motor function.

Vision - Vision is the primary sense utilized in driving. Adequate visual acuity and field of vision are important for safe driving, but tend to decline with age as a result of physiologic changes and an increase in diseases such as cataracts, glaucoma, macular degeneration and stroke. Glare, impaired contrast sensitivity, and an increase in time to adjust to changes in lightness and darkness are other problems commonly experienced by mature drivers. According to the AAA Foundation for Traffic Safety, a person's eyesight deteriorates to such an extent that ten times the amount of light is necessary to see objects at age 60 as that needed at age 16.

Cognition - Driving is a complex activity that requires a variety of high-level cognitive skills, including memory, visual processing, attention and executive skills. Certain medical conditions (such as dementia) and medications that are common in the older population have a large impact on cognition.

Motor function - Motor abilities such as muscle strength, endurance, flexibility and proprioception (the subconscious awareness of weight, posture, movement, position in space in relationship to the body, based on sensory input from the joints and muscles) are necessary for operating vehicle controls and turning to view traffic. Even prior to driving, motor abilities are needed to enter the car safely and fasten the seat belt. Changes related to age and musculoskeletal diseases (such as arthritis) can decrease an individual's ability to drive safely and comfortably.

Changes in vision, physical strength and cognition can contribute to a loss of self-confidence and ability to operate a motor vehicle. The prospect of losing one's drivers license is equated by some older adults as a loss of independence and personal freedom. Faced with this choice, some older adults risk personal injury rather than give up their driver's license.

Georgia addresses these risks by requiring that drivers over 60 renew their licenses every 5 years. Also, license renewals cannot be done by mail. Georgia drivers 65 and older also need a vision test.

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Saturday, July 12, 2008

  What are the advantages of structured settlements?

Structured settlements can actually be advantageous to a injured person. If you are resolving a personal injury claim, a structured settlement can be an advantage if you wish to:

1. Ensure that funds will exist for a long period of time to make up for lost wages because of a disability.

2. Force careful management upon you if you have money management problems or have suffered a brain injury and are unable to manage your money.

3. Ensure the money will be there in case you may become tempted to “share the wealth” with family members or friends. It takes that option away because the money only comes in when you have predetermined it will.

If you have been hurt and have a serious personal injury claim, discuss the settlement with your attorney. The Law Offices of Michael L. Neff are experienced in discussing the good and bad of structured settlements and can help you decide the best way to settle your case.

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Tuesday, July 8, 2008

  Georgia sunbather is hit by beach patrol truck; county pays $100,000 settlement

A Georgia woman has been awarded a $100,000 settlement from Volusia County, Florida, for a personal injury case in which she was run over by a beach patrol truck while sunbathing.

College student Haleigh Howerton was on the beach with her fiancé when a beach patrol officer, distracted by swimmers in the ocean, ran his truck over her, causing damage to her pancreas and spleen and causing one lung to collapse. The truck driver, a veteran of the beach patrol, was reprimanded and given a $118 fine. Ms. Howerton says the award is not sufficient for future medical expenses.

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Monday, July 7, 2008

  $6 Million for injuries in motorcycle crash with truck

Walter Browning, 55, of Weatherford, Texas, was awarded $6 million for a motorcycle accident in 2006 that involved a tractor-trailer. A court in Waco, Texas found the driver, employed by Colonial Freight Systems, negligent in causing the accident by moving into a lane occupied by the motorcyclist.

Mr. Browning sustained permanent personal injuries in the crash. The truck driver’s argument was based on a statement by the driver taken by police at the scene, which claimed that Mr. Browning drove into the tractor-trailer directly. Browning was incapacitated the scene of the accident and unable to enter a statement himself.

If you know anyone in Georgia involved in a motorcycle or truck wreck, contact us immediately. The evidence in these cases - like skid marks or witness statements, must be preserved.

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