Personal Injury

Illinois Supreme Court Holds Medical Malpractice Caps Unconsitutional

February 5, 2010 | Benjamin S. Persons, IV

Proponents of civil justice are celebrating and insurance companies are fuming in the wake of yesterday’s decision by the Illinois Supreme Court. Illinois’ highest court ruled capping damages for victims of medical malpractice violated the State Constitution’s separation of powers clause by imposing decisions reserved for judges and juries. That is a huge win for the citizens of Illinois.

I’ve defended a huge number of doctors and hospitals in medical malpractice lawsuits, I have doctors in my family, and I have a really high opinion of the medical profession. As a Georgia medical malpractice lawyer, I recognize healthcare is a problem in our country. However, caps on medical malpractice damages are not the answer. Unless the question is how do we further victimize those that have been catastrophically injured by medical negligence.

For those that don’t know, medical malpractice caps mean this: No matter what a doctor or hospital does to you. No matter how egregious the malpractice. No matter if the consequence is death, dismemberment, or disfigurement. You CANNOT recover what the judge and jury think your case is worth if it exceeds the arbitrary cap. In Georgia the cap is $350,000. If you are a housewife, retired, or unemployed and killed by a doctor’s negligence the judge and jury cannot decide what your life is worth, $350,000 is the max. If a checked-out doctor cuts a baby’s penis off during circumcision, refuses to acknowledge her mistake, and the baby is forced to live a life disfigured, the jury’s verdict will be reduced to the arbitrary cap. Caps on damages were created by insurance companies to erode the civil justice system of trial by jury. For all its flaws, the American system of justice is still the best system in the world.

Fatal Houston Car Crash Leads to Lawsuit Against Toyota

February 2, 2010 | Benjamin S. Persons, IV

The family of a 34 year old, Trina Renee Harris, filed a wrongful death suit against Toyota this week. Mrs. Harris died when her Toyota sped through a stop sign and crashed into a cement wall. The Harris case is believed to be the third acceleration related wrongful death lawsuit filed against Toyota. Toyota is also being sued for unexpected acceleration related deaths in California and Michigan. Toyota has refused to comment on the pending litigation. However, Toyota recently announced a fix to the defective gas pedal problem.

Personal Injury Attorneys, The Persons Firm, LLC, Now On Twitter And Facebook

January 31, 2010 | Benjamin S. Persons, IV

Atlanta and Marietta, Georgia Personal Injury Attorneys, The Persons Firm, LLC, can now be found on Twitter and facebook.

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Toyota Expands Massive Recall Amid Continued Reports of Runaway Toyotas

January 25, 2010 | Benjamin S. Persons, IV

ABC news reports that Toyota has just announced a recall of an additional 2.3 million vehicles to correct sticking acceleration pedals. This announcement follows the already massive recall launched this past fall involving 4.2 million cars. Numerous deaths and injuries have been reported as a result of Toyota vehicles unexpectedly accelerating. Initially, Toyota claimed the acceleration problem was the result of defective floor mats. Toyota is now acknowledging the problem is not limited to floor mats. The newest Toyota recall is confined to the following vehicles:

• 2009-2010 RAV4,

• 2009-2010 Corolla,

Preventing Georgia Car Crash Deaths and Injuries the Stated Purpose of the New Super Speeder Law

January 14, 2010 | Benjamin S. Persons, IV

Since the beginning of the year I’ve noticed an increased number of police catching speeders on the interstate and I think I know why. On January 1, Georgia’s Super Speeder law, and it’s new hefty fines, went into effect. A couple of people have asked me about the Super Speeder law this week so I thought I would explain it.

It is pretty simple really. If you are caught speeding 75 mph or more on any two lane road or 85 mph or more on the interstate you will have to pay an additional $200 fine to the State. This $200 fine will be added on top of the local fines and penalties. Getting a super speeder ticket is going to be a very expensive mistake.

According to the official press release of the Governor’s office, sixty percent of all trauma patients in Georgia are crash related and on average there is a speed related death a day in Georgia. The Governor’s office goes on to say, Super Speeder will save lives and change the behavior of speeders in Georgia. As a Marietta Injury Lawyer that has seen too many lives ruined by truck and car collisions, I hope this new law will have the desired effect. Please slow down, you will be safer, and your bank account will thank you.

Woman that Caused Violent Gwinnett County Bus Collision Charged with DUI and Held Without Bond

January 5, 2010 | Benjamin S. Persons, IV

On December 24, 2009 a black Honda struck and overturned a bus carrying developmentally disabled adults. All 13 passengers and the driver of the bus were injured. At least two of the passengers were ejected and all were taken to Atlanta area hospital. According to news reports, the driver of the black Honda was seen driving erratically before the collision and left the scene of the accident before the police arrived.

As an Atlanta Injury Lawyer that often represents DUI victims, I pay attention to news reports of collisions caused by drunk drivers. However, this story was particularly disturbing when I read about the bus passengers. The passengers were members of a group called Just People that provide support for adults with developmental disabilities. The group was on their way to an art class when the horrible collision occured. It just boggles the mind that someone could cause that kind of carnage on the interstate and then leave the scene. I was pleased to read in a follow-up news report that the suspected drunk driver was located and is being held without bond with charges of Felony Hit and Run and Driving Under the Influence.

A Marietta Injury Lawyer Explains What To Do If Your Car Breaks Down on the Interstate

December 12, 2009 | Benjamin S. Persons, IV

From my experience as a Marietta Injury Lawyer, collisions on the Interstates are typically the most likely to cause death and serious injury. There are a number of reasons for this including the increased speed limits and the large number of tractor trailers that use the freeways. It is extremely dangerous to stop your vehicle on the interstate, but sometimes it just can’t be avoided. There are some steps you can take to reduce this danger.

Except for emergencies, never voluntarily stop your vehicle on the interstate. However, if your car breaks down on the Interstate, get your vehicle to the right shoulder as quickly and safely as possible. If you stay in your vehicle keep your seatbelt on. If you are going to get out of the vehicle use the passenger’s door to exit the vehicle. Once out of the vehicle, do not stand near your vehicle or any travel or emergency lanes. Put some safe distance between yourself and the roadway and call 511 (HERO vehicles) and 911. However, sometimes car trouble is immediate and it is not always possible to get over to the right shoulder.

Personal injury lawyers in Atlanta and Marietta sometimes see the more difficult situation when cars break down in interstate travel lanes. This is a terrible situation. Even with the use of hazard lights, it is often difficult for drivers to appreciate a vehicle is stopped on the interstate. When cars are rear-ended at highway speeds the results are often fatal. The Georgia State Patrol and DOT officials recommend you stay in your vehicle, call 911 and 511, and wait for help to arrive. However, State Patrol officers I have talked to say they probably would not sit in a car stopped in a travel lane for fear of getting blasted by a fast moving vehicle. One must use their best judgment when confronted with this situation because leaving your vehicle to walk or run to a safe location can also be extremely dangerous.

Fatal Atlanta Car Crash Caused by Suspected Drunk Driver

November 21, 2009 | Benjamin S. Persons, IV

My heart sank today when I saw the 11alive news report about a young woman killed in an auto accident this morning involving a suspected drunk driver. The 24 year old woman was driving with her boyfriend, her 2 year old son, and 7 month old daughter on I-20 East when they were struck by a vehicle traveling the wrong way on the interstate. Atlanta Police say the wrong-way driver, identified as Robert Ayiteyfio, fled the scene on foot but was later apprehended. He has been charged with vehicular homicide, DUI, and driving the wrong way on the interstate.

As a Georgia Personal Injury Lawyer that regularly represents crime victims and as a father of 2 it was particularly moving to see the deceased woman’s father tearful plea to would be drunk drivers. The father delivered this message today from Grady Hospital, where his 7 month old granddaughter remains in critical condition. “I lost a daughter this morning. For all of you DUI drivers out there, please stop. Please. I’m begging you. Please, this hurts.”

Georgia Traffic Deaths and Serious Injuries Anticipated this Thanksgiving

November 15, 2009 | Benjamin S. Persons, IV

The Marietta Injury Lawyers urge everyone to drive the speed limit, use your seatbelt, and watch out for other drivers this Thanksgiving season. The Governor’s Office of Highway Safety reports the sobering statistic that during a 102 hour period last year’s Thanksgiving weekend, 102 people died and 1,457 were injured on Georgia roads.

With serious car collisions likely this year, beginning November 16th through November 29th the GOHS launches its annual Click It or Ticket campaign in conjunction with the Rural Roads seatbelt crackdown. In 2008, 89.6% of motorist wore their seatbelts in Georgia. However, nationwide, over half the traffic crash victims killed in Thanksgiving collisions were not belted. Seatbelts literally save lives and hopefully Georgia’s seatbelt use statistics will be improved for 2009. Please stay safe this Thanksgiving and belt up.

Atlanta is a Dangerous City for Pedestrians

November 13, 2009 | Benjamin S. Persons, IV

The Atlanta metro area, including Sandy Springs and Marietta, was listed in the top 10 most dangerous cities for pedestrians in 2007-2008 by the lobby group Transportation for American. As a Marietta personal injury lawyer that grew up in metro Atlanta, I find it most interesting that of the ten most dangerous cities for walking, nine of them are in the south. The study found the most dangerous metro areas are characterized by sprawl and auto-oriented development patterns. The most troubling finding by the group is that there are 5,000 preventable pedestrian deaths in the U.S. each year.