Personal Injury

Why Do I Need a Personal Injury Attorney?

June 18, 2021 | Benjamin S. Persons, IV

If you were recently injured and are intending to file a personal injury claim, you may not know exactly where to begin. Should you hire an attorney? Is that actually necessary? What benefits come with hiring an attorney to handle your personal injury claim? The following article will provide a few key reasons why you should consider hiring a personal injury attorney.

An attorney can help you build a stronger personal injury case.

Personal injury lawsuits require that you prove that another party is responsible, at least in part, for your injuries. Oftentimes, it can be difficult to prove with certainty exactly who or what was the cause of your injuries. This is when it would be helpful to hire a personal injury attorney, who can gather evidence to help you properly identify the cause of your injuries and the responsible parties.

Watch Your Back for Rear-End Collisions

June 11, 2021 | Benjamin S. Persons, IV

Realistically, there is not much you can do if you are on the receiving end of a rear-end traffic accident. Few people keep a constant watch on their rear-view mirror to look for threats – pretty much everybody focuses their attention on what is ahead of them – and even if you see a car bearing down on you from behind, you rarely can tell if the person actually is going to hit your vehicle before stopping. Even if you know that to be the case, as often as not you have nowhere to go to get out of the way anyway. Most rear-end accidents happen when your vehicle is stopped and the driver of the vehicle behind you fails to notice in time.

Rear-end Accidents Happen More Than Any Other Collision

Rear-end crashes are the most frequent type of traffic accident, accounting for nearly one-third of all collisions on the roadways. Other sources claim that 40% of the 6 million or so traffic accidents in the United States annually are rear-end collisions. Either number is a significant percentage, especially if you are in the car being struck from behind. Occupants of the front vehicle in a rear-end accident suffer the most injuries. This is largely because the impact is unexpected for the occupants of the vehicle being hit from behind and they have no time to evade or prepare. Further, airbags are not designed to deploy in rear-end collisions and rarely do unless the car being rear-ended is forced into a vehicle in front of it by the impact. In contrast, the airbags in the vehicle behind deploy as designed. Common injuries among occupants of the vehicle struck from behind include face, head spinal cord, and neck injuries, as well as whiplash.

Understanding Georgia’s Slip and Fall Laws

May 28, 2021 | Benjamin S. Persons, IV

Slip and fall accidents currently account for over 1 million hospital visits. If you are injured in a slip and fall accident in Georgia, there are some things you should understand about the state’s laws regarding slip and fall accidents before you decide whether to file a personal injury claim.

You Have to File Your Claim Within Two Years

According to Georgia Code, an individual has two years from the date of the slip and fall accident to file a personal injury claim. This also applies to all other personal injury claims in the state of Georgia.

Understanding Georgia Law on Dog Bites

May 7, 2021 | Benjamin S. Persons, IV

If you or someone you know has ever been bitten by a dog, you know that it can be a scary and traumatic experience. It is understandable and foreseeable that a person bitten or attacked by a dog would attempt to sue the dog owner for their injuries. It is crucial to understand the specific laws regarding dog bites in the state where the accident occurred, as dog owners can escape liability in some states based on the language of the statute(s). The following article will discuss the laws regarding dog bites in the state of Georgia.

The “One-Bite” Rule

One of the foundational principles of strict liability in common law is known as the “one-bite” rule. This principle asserts that a dog owner will not be held strictly liable for any injuries their dog has caused unless there is evidence to show that the owner knew or should have known that the dog had the propensity to bite or attack. For example, if a dog has bitten or attempted to bite someone in the past, that is sufficient to show that the owner should have been aware of the dog’s dangerous propensity and should have taken appropriate actions to control the dog’s behavior. However, most states have either rejected this principle or have modified it in their statutes.

What to Do Immediately After a Car Accident

April 30, 2021 | Benjamin S. Persons, IV

Unfortunately, car accidents are an inevitable part of life. In Georgia, car accidents are the leading cause of injury deaths and the second-leading cause of hospitalizations and emergency room visits. Even if you are a cautious driver, you may be involved in an accident with another driver. Being in a car accident can be a traumatic experience, and if you have never been in a car accident before, you may not know what steps you are supposed to take afterwards. The following tips will provide you with the necessary steps to take if you are ever involved in an accident.

Move your vehicle

If your accident is minor and there is no major structural damage to the vehicle, move the vehicle out of traffic, preferably to a well-lit area. This will help minimize the risk of other vehicles colliding with your car while it is sitting in traffic and will ensure that you and your vehicle are safe from oncoming vehicles.

Summer Brings Heightened Risk of Swimming Pool Injuries

April 23, 2021 | Benjamin S. Persons, IV

With summertime rapidly approaching, hot sunny days cannot be far behind. Few things go better with a hot summer day than a refreshing dip in a swimming pool. While refreshing, however, that dip in the pool is not risk free, as accidents in and around swimming pools result in thousands of injuries and deaths each year. Young children are particularly at risk, especially those too young to know how to swim. Summer is a time for having fun in and around water, but be sure to exercise necessary cautions.

Pool-Related Injuries and Deaths Happen Frequently

When discussing swimming pool accidents, drownings often are among the first topics raised, and might even be the only topic discussed. Drownings and near-drownings, which are not fatal but can result in severe injuries, are the cause of thousands of deaths and injuries every year. From 2005 through 2014, 3,536 people on average drowned every year. Drowning is the fifth-leading cause of accidental deaths in the U.S. each year. There were more than 3,700 people who died from drowning across the country in 2016. While those drownings took place in all bodies of water, many of those drownings, fatal and non-fatal, occur in swimming pools. Children younger than the age of 15 account for a significant number of those drownings and near-drownings.

Power Tool Accidents are Common at Work

April 16, 2021 | Benjamin S. Persons, IV

Power tools are a common presence in American homes and workplaces. Millions of people have power tools at home, ranging from the most basic, such as drills or power screwdrivers, all the way up to fully equipped home woodshops or metal shops. Cordless or corded, power tools are everywhere, and this is particularly true in many American workplaces. Many occupations, including most manufacturing jobs, construction, and trades, including electrical work and plumbing, rely heavily upon power tools. They make completing many jobs safer, faster, and more efficient. Think about trying to build a house without even so much as a power saw. Putting so much power in such a small package – many power tools are hand-held – is, unfortunately, often a dangerous proposition, even for professional users. Not surprisingly, then, workplace accidents involving power tools are fairly common events.

Injuries From Power Tool Accidents Can be Serious

Many people use power tools at home, completely unrelated to on-the-job use of power tools. Such at-home use, rightly or wrongly, can give employees a false sense of knowledge and security regarding use of power tools on the job. The problem, of course, is that the types and power of tools used on the job far exceed what most home power tool users have experienced. When employees believe they know “enough” about operating power tools, particularly hand-held power tools, they may be able to avoid training or pay little attention during training.

Rear-End Accidents are a Fact of Life

March 30, 2021 | Benjamin S. Persons, IV

Rear-end accidents happen all the time, and they can be a pain in the neck, often quite literally. Whiplash, a neck injury caused by rapid movement of the neck back and forth, resembling the cracking of a whip, is a common result of being in a vehicle that is struck from behind. Whiplash is bad enough, but rear-end accidents can cause any number of other injuries, as well, particularly at high speeds. Such accidents are, unfortunately, fairly common. In fact, rear-end crashes happen more often than any other kind of traffic collision. Nearly 30% of all traffic accidents involve a rear-end collision, leading to a considerable number of injuries and deaths every year. In fact, reports indicate that there are about 1.7 million rear-end traffic accidents per year, resulting in about 1,700 fatalities and another 500,000 injuries.

Drivers Usually are the Cause of Rear-End Collisions

When one vehicle strikes another vehicle from behind, the odds are pretty good that the driver of the vehicle hitting the vehicle from the rear has messed up and is at fault. It is not always true, but it is a pretty good bet. Tailgating contributes to more than a third of all traffic collisions, making it an obvious cause of the majority of all rear-end collisions. In a more general sense, federal statistics blame 87% of rear-end accidents on drivers simply not paying attention to traffic and what is in front of them. Other sources identify more specific causes, but many seem to be rooted in driver inattention or error, including:

Traumatic Brain Injuries Can be Life-Altering

March 19, 2021 | Benjamin S. Persons, IV

Not all traumatic brain injuries result in permanent damage, but they all involve some level of damage to the brain. That means that all traumatic brain injuries, known as TBIs, deserve serious consideration. While TBIs are common, “common” does not mean “harmless.” No injury to the brain could ever be classified as “harmless,” and TBIs are no different.

What is a TBI?

A TBI is a “bump, blow, or jolt to the head” that interferes with brain function. This is a broad definition that includes everything from a blow that raises a bump on your head and gives you a headache all the way to a skull-penetrating injury that leaves you alive but with permanent brain damage, perhaps even comatose for the rest of your life. TBIs happen every day in all kinds of circumstances and at all kinds of levels of severity. They happen in events as traumatic as traffic accidents and as mundane as slips and falls. They can seem to be not a big deal, or life-altering. All TBIs should receive prompt medical attention, no matter the category into which they fall.

Boating is a Popular Recreational Activity Nationwide

March 12, 2021 | Benjamin S. Persons, IV

Americans love putting a boat in the water, and Georgians are no different. Whether it is on lakes, rivers, or the ocean, when good weather rolls around, you can look forward to thousands of Americans heading for their favorite body of water to have a little fun. There were nearly 12 million recreational boats registered in the U.S. in 2019, including jet skis and other personal watercraft. More than 331,000 of those were in Georgia, putting the state 11th in the nation for the largest number of registered boats. Boating is popular wherever there is enough water to float a boat, and Georgia has lakes, rivers, and ocean coastline that provide ample opportunity to take to the water.

Boating Has a Downside

As much fun as boating can be, it carries risks. Thousands of boating accidents happen each year, resulting in thousands of injuries and hundreds of deaths. The Coast Guard recorded 4,168 recreational boating accidents in 2019, with 613 fatalities and 2,559 injuries, in addition to roughly $55 million in property damage. There were 109 boating accidents in Georgia in 2019, with 23 deaths and 57 injuries, according to the Coast Guard. Those numbers probably far underestimate the actual number of accidents, as not all boating accidents must be reported to the Coast Guard, meaning the service’s statistics on boating accidents are not comprehensive.