Atlanta, Georgia Personal Injury Lawyer
All lanes of Highway 53 in Braselton were shut down last Thursday evening for nearly two-hours as crews worked to clear a wreck near the Hall/Jackson County line.
Trooper Land with the Georgia State Patrol said that a tractor-trailer driven by 61-year-old Carl Manning failed to yield the right of way and turned into traffic while trying to enter a Chevron.
A car traveling east attempted to avoid the collision by swerving into the turn lane. The vehicle and the tractor-trailer crashed head on. The tractor trailer came to rest on top of the car.
The driver of the car, 53-year-old Daniel Moye of Watkinsville, had serious injuries and had to be flown by helicopter to Grady Memorial Hospital in Atlanta.
The truck driver only complained of minor injuries.
Trooper Land with the Georgia State Patrol said that a tractor-trailer driven by 61-year-old Carl Manning failed to yield the right of way and turned into traffic while trying to enter a Chevron.
A car traveling east attempted to avoid the collision by swerving into the turn lane. The vehicle and the tractor-trailer crashed head on. The tractor trailer came to rest on top of the car.
The driver of the car, 53-year-old Daniel Moye of Watkinsville, had serious injuries and had to be flown by helicopter to Grady Memorial Hospital in Atlanta.
The truck driver only complained of minor injuries.
Labels: atlanta, auto accident, car crashes, Grady Hospital, tractor trailer
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
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
Labels: atlanta, auto accident, auto insurance, car wreck, Cobb County, Georgia personal injury, jury, Marietta, trial, trucking, voir dire
Drug, Alcohol Mix Increases Medication Error Deaths (Update1)
John Taddei of Bloomberg reported today that the mixing of street drugs and alcohol with prescription medications has contributed to a fivefold increase in the number of deaths ascribed to medication errors since the 1980s, according to a study.
The combination of a person taking medications at home with alcohol or street drugs, or with both, accounted for 17 percent of the fatal errors in 2004, up from 2.3 percent in 1983, according to a University of California, San Diego study that examined U.S. death certificates. The study was published today in the Archives of Internal Medicine.
The rise in accidental deaths linked to medication errors has occurred as drug consumption has increasingly shifted to homes from hospitals and clinics, said David P. Phillips, the study's author and a professor of sociology at the university, in telephone interview today.
``More and more often the patient is put in charge of quality control rather than medical staff, and some patients aren't up to it,'' Phillips said. ``We haven't been sufficiently aware that some patients cannot follow directions as scrupulously as nurses or physicians.''
Accidental overdoses were the most deadly error, killing 8,634 people in their homes in 2004. More people in the 45-to-54 age group die of accidental drug overdoses than in car crashes, according to congressional testimony in March by Leonard J. Paulozzi, an epidemiologist for the U.S. Centers for Disease Control and Prevention in Atlanta.
``The vast majority of unintentional drug overdose deaths are not the result of toddlers getting into medicines or the elderly mixing up their pills,'' Paulozzi said during the testimony. ``All available evidence suggests that these deaths are related to the increasing use of prescription drugs, especially opioid painkillers, among people during the working years of life.''
To contact the reporter on this story: John Taddei in New York at jtaddei3@bloomberg.net
John Taddei of Bloomberg reported today that the mixing of street drugs and alcohol with prescription medications has contributed to a fivefold increase in the number of deaths ascribed to medication errors since the 1980s, according to a study.
The combination of a person taking medications at home with alcohol or street drugs, or with both, accounted for 17 percent of the fatal errors in 2004, up from 2.3 percent in 1983, according to a University of California, San Diego study that examined U.S. death certificates. The study was published today in the Archives of Internal Medicine.
The rise in accidental deaths linked to medication errors has occurred as drug consumption has increasingly shifted to homes from hospitals and clinics, said David P. Phillips, the study's author and a professor of sociology at the university, in telephone interview today.
``More and more often the patient is put in charge of quality control rather than medical staff, and some patients aren't up to it,'' Phillips said. ``We haven't been sufficiently aware that some patients cannot follow directions as scrupulously as nurses or physicians.''
Accidental overdoses were the most deadly error, killing 8,634 people in their homes in 2004. More people in the 45-to-54 age group die of accidental drug overdoses than in car crashes, according to congressional testimony in March by Leonard J. Paulozzi, an epidemiologist for the U.S. Centers for Disease Control and Prevention in Atlanta.
``The vast majority of unintentional drug overdose deaths are not the result of toddlers getting into medicines or the elderly mixing up their pills,'' Paulozzi said during the testimony. ``All available evidence suggests that these deaths are related to the increasing use of prescription drugs, especially opioid painkillers, among people during the working years of life.''
To contact the reporter on this story: John Taddei in New York at jtaddei3@bloomberg.net
Labels: atlanta, car accidents, wrongful death
In Atlanta, we see a lot of lawyers advertising on TV. However, there is only so much a person can learn from a 30 second TV or radio ad. Some ads may feature an old TV star but what does that tell you about the lawyer? Will you even meet that lawyer? Does the lawyer provide quality time with the client? Does the lawyer go to court, if necessary, to get the maximum recovery?
Some ads are placed by referral agencies that collect calls and then divvy them up between attorneys that pay for the service. Other times, cases are referred out to firms who share the incredible costs this type of advertising incurs. The insurance companies know what lawyers are spending big money on advertising - and they know those lawyers need to pay for those bills. Some insurance companies have assigned adjusters solely to deal with TV lawyers. Do you think those insurance adjusters have been trained to lowball the quick settlement offer?
Like so many other professions, some of the best personal injury attorneys don’t do much advertising; instead, their reputations for getting results lead them to get referrals from other lawyers.
If you’re considering hiring a personal injury lawyer, ask for referrals from friends and other attorneys. At the Law Offices of Michael L. Neff, you’ll find a professional approach when listening to your case—and a compassionate ear. Plus we are aggressive when filing a lawsuit is necessary to maximize your ability to recover. If you are injured in Georgia or because a Georgia resident or business was negligent, please consider giving us a call or email us.
Some ads are placed by referral agencies that collect calls and then divvy them up between attorneys that pay for the service. Other times, cases are referred out to firms who share the incredible costs this type of advertising incurs. The insurance companies know what lawyers are spending big money on advertising - and they know those lawyers need to pay for those bills. Some insurance companies have assigned adjusters solely to deal with TV lawyers. Do you think those insurance adjusters have been trained to lowball the quick settlement offer?
Like so many other professions, some of the best personal injury attorneys don’t do much advertising; instead, their reputations for getting results lead them to get referrals from other lawyers.
If you’re considering hiring a personal injury lawyer, ask for referrals from friends and other attorneys. At the Law Offices of Michael L. Neff, you’ll find a professional approach when listening to your case—and a compassionate ear. Plus we are aggressive when filing a lawsuit is necessary to maximize your ability to recover. If you are injured in Georgia or because a Georgia resident or business was negligent, please consider giving us a call or email us.
Labels: atlanta, attorney, insurance company, lowball settlement, personal injury lawyer
When you are seeking a personal injury lawyer, you should make sure that the attorney you retain is knowledgeable in the type of suit you are filing. For instance, many personal injury lawyers do not practice premises liability or trip and fall law. Instead, they may only handle car accidents. Many won’t handle workers’ compensation cases. Some won't take a case to trial. It is always best to seek an trial attorney who has significant experience in the area of law that is specific to your case.
At the Law Offices of Michael L Neff, we focus primarily on serious injuries like brain and spinal cord injuries and the injuries that cause the need for surgeries. Make sure you determine that the lawyer you are considering has experience with your type of case before you decide to hire him or her. If you are seeking a personal injury lawyer, we ask you to consider our attorneys — where at our Atlanta Buckhead offices, you will find expert guidance in personal injury claims, and a compassionate ear.
At the Law Offices of Michael L Neff, we focus primarily on serious injuries like brain and spinal cord injuries and the injuries that cause the need for surgeries. Make sure you determine that the lawyer you are considering has experience with your type of case before you decide to hire him or her. If you are seeking a personal injury lawyer, we ask you to consider our attorneys — where at our Atlanta Buckhead offices, you will find expert guidance in personal injury claims, and a compassionate ear.
Labels: atlanta, brain injury, injury attorney, personal injury lawyer
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
The term “personal injury” is used to define the occurrence of some form of injury, either physical or psychological, as the result of an accident. In legal terms, most personal injuries fall under the category of a “tort.” A tort is a civil wrongdoing, which can lead to a cause of action—i.e., a lawsuit. A tort occurs when someone deliberately or through carelessness causes harm or loss to another person or his or her property. At the Law Offices of Michael L. Neff, we handle tort claims in Atlanta and all over Georgia.
Labels: atlanta, Georgia, negligence
On Memorial Day, just last week, motorists on I-85 in Atlanta were reminded of the dangers motorcycle riders face, when the interstate was shut down all evening after a motorcycle fatality. The Atlanta accident happened when the driver of the van swerved to avoid a stalled car, and the motorcycle hit the van, according to the Atlanta Journal Constitution.
According to various news sources, our skyrocketing gas prices have led to higher sales of motorcycles and scooters—up 24 percent for the first quarter of 2008, according to the Motorcycle Industry Council. Scooters average about 100 miles a gallon, and a larger mid-size bike can get up to 45 mpg, making an attractive alternative to an automobile. Clark Howard recently touted his scooter's gas mileage on a recent show.
However saving money on gas can cause increased safety risks on our roads—especially since even the safest cyclists are taking a deadly risk if automobile drivers fail to pay attention to the growing number of bikes sharing the road. When cars strike motorcycles—or even worse when trucks hit motorcycles—the result is more often catastrophic injury or even death for the cyclist. A motorcycle injury ended the career of former NBA basketball player Jay Williams. Motorcycle injuries also caused pro football players like Kellen Winslow and Ben Roethlisberger to miss significant playing time.
If you are a biker, the Law Offices of Michael L. Neff urges you to make safety your number one consideration. Always wear a helmet and drive defensively; but if you are a biker involved in a wreck that was not your fault, call an attorney right away who has experience in helping you get the help you deserve.
According to various news sources, our skyrocketing gas prices have led to higher sales of motorcycles and scooters—up 24 percent for the first quarter of 2008, according to the Motorcycle Industry Council. Scooters average about 100 miles a gallon, and a larger mid-size bike can get up to 45 mpg, making an attractive alternative to an automobile. Clark Howard recently touted his scooter's gas mileage on a recent show.
However saving money on gas can cause increased safety risks on our roads—especially since even the safest cyclists are taking a deadly risk if automobile drivers fail to pay attention to the growing number of bikes sharing the road. When cars strike motorcycles—or even worse when trucks hit motorcycles—the result is more often catastrophic injury or even death for the cyclist. A motorcycle injury ended the career of former NBA basketball player Jay Williams. Motorcycle injuries also caused pro football players like Kellen Winslow and Ben Roethlisberger to miss significant playing time.
If you are a biker, the Law Offices of Michael L. Neff urges you to make safety your number one consideration. Always wear a helmet and drive defensively; but if you are a biker involved in a wreck that was not your fault, call an attorney right away who has experience in helping you get the help you deserve.
Labels: atlanta, motorcycle accident
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