Personal Injury

Top Five Injuries in Fall Injury Claims

December 30, 2022 | Benjamin S. Persons, IV

The average injury-related hospital stay costs over $10,000 per day. This figure does not include follow-up care, physical therapy, and ancillary expenses, such as medical devices, transportation expenses like ambulance costs, and prescription drugs. When all these costs are added up, they could easily exceed $100,000. Many of these expenses are related to one of the five fall injuries listed below.

Most families cannot possibly afford to pay these bills out of their own pockets. So, they rely on a Marietta personal injury attorney to obtain necessary compensation in court. A lawyer also obtains compensation for emotional distress and other noneconomic losses. Injury victims shouldn’t have to suffer in silence. These damages normally prompt nursing home owners and other property owners to change the way they do business and make the personal safety of their guests a higher priority.

Traumatic Brain Injury

High-Speed Police Chase Kills Two, Injures Three

November 30, 2022 | Benjamin S. Persons, IV

To defend their actions, officers claimed a reckless chase lasted only 37 seconds before the driver caused a fatal wreck. However, in a high-speed pursuit, thirty-seven seconds is an eternity.

According to Georgia State Police investigators, the crash happened on Northside Drive and 14th Street after Atlanta police tried to conduct a traffic stop at 17th Street. Suspects in a white Toyota RAV4 drove away on Northside Drive and failed to stop at the red light. The RAV4 crashed into a Mitsubishi Outlander, almost instantly killing an Uber driver and passenger. Three people inside the suspect vehicle were rushed to a nearby hospital with serious injuries.

Georgia State Patrol officials have not commented on what charges will be filed in this case.

Finding the Right Lawyer for a Truck Crash Claim

October 31, 2022 | Benjamin S. Persons, IV

Since 2010, the number of fatal large truck crashes has increased by 31%. The danger has increased as regulators, citing supply chain concerns, now look the other way when truckers violate HOS (hours of service) laws and other safety laws. These cases are quite complex since the liability chain does not stop with the tortfeasor (negligent driver). The company that owned the truck, which is usually an out-of-state conglomerate, is legally responsible for damages in these cases.

So, there is usually no such thing as a “simple” truck crash claim. Such a complex case demands a Marietta personal injury attorney with a certain skill set. There is no way to guarantee that a victim will find the right lawyer. However, victims who look for the following three qualities in their attorneys have a much better chance of obtaining maximum compensation for their serious injuries.

Experience

What to Expect in a Georgia Negligence Case

October 14, 2022 | Benjamin S. Persons, IV

Eventually, most personal injury cases in Georgia settle out of court. However, in most civil cases, “eventually” is a very long time. Insurance company lawyers drag their feet as much as possible. Every day that a settlement check stays in the insurance company’s bank account, the bank pays interest. Vehicle collisions kill or seriously injure millions of people each year, and the average injury-related medical bill is over $50,000. Because of the volume and value of these claims, there is a lot of money at stake, and every day counts.

If possible, insurance company lawyers would gladly use legal loopholes and aggressive negotiating tactics to reduce or deny compensation to victims. Only a Marietta personal injury attorney levels the playing field. As a result, victims have a much better chance of obtaining the compensation they need and deserve. Damages in a car wreck case usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages may be available as well, in some extreme cases.

Pre-Filing Settlements

Common Injuries in Truck Crash Claims

August 26, 2022 | Benjamin S. Persons, IV

At a minimum, fully-loaded semi-trucks weigh over 80,000 pounds. Especially if they carry consumer goods, state and federal regulators almost routinely give truckers overweight waivers. Although today’s cars and trucks have many more safety features than the ones made 20 years ago, modern safety features cannot possibly absorb all the force in a high-speed truck wreck.

Largely because of this excessive force, the average injury-related medical bill in a serious injury claim exceeds $100,000. If the victim required helicopter medevac, which is common in these cases, the medical bills could exceed $150,000. Generally, group health insurance companies refuse to cover such costs. So, a Marietta personal injury attorney connects victims with doctors who, even though they are tops in their fields, charge nothing upfront for their services.

Head Injuries

Getting Around the Graves Amendment

August 19, 2022 | Benjamin S. Persons, IV

Georgia law regarding owner liability for U-Haul, Enterprise, and other rented vehicle wrecks is very complex. 49 U.S.C. 30106 makes these laws even more complex. In the wake of several large verdicts in the 1990s, including one that involved a fireball Enterprise Rent-a-Car wreck in Connecticut, lawmakers added the Graves Amendment to a large transportation bill in 2002. Rep. Sam Graves and his colleagues wanted this amendment to immunize owners of rented vehicles from liability lawsuits. However, as outlined below, the Graves Amendment contains some large holes.

In most cases, a Marietta personal injury attorney can use the complex Georgia laws to hold U-Haul, Enterprise, and other vehicle rental companies responsible for damages if they rent vehicles to individuals who cause crashes. This third-party liability is important because, in most cases, rented vehicle drivers have little or no insurance. Vicarious liability gives injured victims another way to obtain compensation for their economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Negligent Entrustment

What You Should Know About Nursing Home Falls

April 8, 2022 | Benjamin S. Persons, IV

Frequently, a fall puts a person in a nursing home, and a subsequent fall keeps the person there longer than expected. Falls account for 40%of nursing home admissions, and 60% of residents fall at the facility.

Understaffing and overcrowding contribute to many of these incidents. Groundskeeping and other such maintenance areas are often the first things to get cut when nursing homes have trouble hiring workers. Additionally, since the elderly population is expanding so rapidly, many facilities are almost constantly under construction. Construction zones are hazardous for older adults.

Falls normally cause very serious injuries. A Marietta personal injury attorney can obtain the compensation these victims need and deserve. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Tadpole Nerve Regeneration Could Give a Clue for Treating Spinal Cord Injuries

February 28, 2022 | Benjamin S. Persons, IV

Researchers at Nagoya University recently identified a gene that plays a vital role in regenerating the neurons of tadpoles. They conducted experiments on African clawed frog tadpoles and discovered that the gene helps aid recovery for spinal cord injuries. Medical experts hope that this discovery will help them develop better medical treatment options for spinal cord injuries. As of right now, there are minimal treatment options outside of physical and occupational therapy for patients with spinal cord injuries.

Injecting the Gene Led to a Partial Recovery

The researchers injected mice with the gene. Specifically, they injected the gene into the mice’s spinal cords and found that the mice who received the injection had partial recovery of their lost motor functions. First, the researchers analyzed the gene expression profiles for tadpoles regarding spinal cord injuries. They discovered that a gene called Neurod4 was expressed during the nerve regeneration process in tadpoles. They hypothesize that using this gene in mice could help aid neural tissue regeneration after an injury.

Obtaining Compensation for Dog Bite Injuries in Georgia

February 11, 2022 | Benjamin S. Persons, IV

The number of animal attacks has increased significantly over the years. Today, dogs bite millions of Americans every year. A significant number of these attacks cause serious injuries. Some of these serious injuries are outlined below. Much like the number of attacks, the medical bills associated with these bites have increased, as well. That is partly due to high medical bill inflation and mostly due to a better understanding of dog bite injuries.

These victims can work with a Marietta personal injury attorney and obtain the compensation they need and deserve in these situations. Dog bite victims have several options in Georgia, and each option has some pros and cons. However, a number of insurance company defenses are available as well. Common ones include provocation, which is a form of comparative fault, and assumption of the risk, which usually involves a “Beware of Dog” warning sign. So, only the most aggressive and experienced lawyers should handle these cases.

Direct Physical Injuries

Dog Bites in Georgia: What You Should Know

January 14, 2022 | Benjamin S. Persons, IV

In 2020, mostly due to coronavirus restrictions, the number of dog bite claims fell slightly. However, the average settlement per claim hit an all-time high. Medical bill inflation, which has increased significantly since 2008, is partly responsible for this increase. Furthermore, doctors better understand the nature of dog bite physical and emotional injuries. More on that below.

Animal attack laws vary significantly in different jurisdictions. Georgia’s dog bite law is especially complex. Essentially, lawmakers have tried to balance the interests of pet owners, who usually want limited liability laws, and victims, who need protective laws. Typically, if you stay in the middle of the road, you get run over.

So, only a highly-experienced Marietta personal injury attorney should handle these claims. A less-experienced attorney might not be able to obtain maximum compensation for your serious injuries. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.