Personal Injury

Proving Fault in Georgia Dog Bite Cases

August 20, 2021 | Benjamin S. Persons, IV

If you were recently injured by a dog in the state of Georgia and you plan to file a personal injury lawsuit against the owner, you should first make sure that you are aware of some potential defenses that the owner may choose to bring up in court.

Georgia’s Dog Bite Liability Statute

Georgia statute O.C.G.A. § 51-2-7 outlines the state’s law on dog bite liability. This statute is based on the concept of strict liability. Strict liability holds a defendant liable for committing specific actions, regardless of what his intent or mental state was when he committed the action. This statute holds that a dog owner is not strictly liable for injuries his dog causes unless:

What You Should Know About Georgia Workers’ Compensation

August 13, 2021 | Benjamin S. Persons, IV

If you were recently injured on the job, you may have started the process of filing for workers compensation benefits. The following article will provide some helpful information you should know about workers’ compensation in Georgia.

Important Information Regarding Georgia’s Workers’ Compensation

You have 30 days to report the accident to your employer. Pursuant to O.C.G.A. § 34-9-80, an employee must report an injury-causing work accident to his employer within 30 days after the date the accident occurred.

Georgia Enacts Changes to Law Regarding Teen Driving

August 6, 2021 | Benjamin S. Persons, IV

According to the Centers for Disease Control and Prevention (CDC), about 2,400 teenagers (aged 13 to 19) were killed in car accidents in 2019. This same year, an estimated 258,000 teenagers were treated in emergency departments for injuries suffered in car crashes. Georgia has recently enacted some changes to a law that was created to reduce the amount of teenage car accidents.

Joshua’s Law

In 2007, the state of Georgia enacted “Joshua’s Law.” On July 1, 2003, 17-year-old Georgia resident Joshua Robert Brown was driving on a two-lane highway in the rain when his vehicle began to hydroplane and crashed into a tree. The accident left Joshua severely injured and though he fought to stay alive for nine days, he finally passed away on July 9, 2003.

How to Report Nursing Home Abuse in the State of Georgia

July 30, 2021 | Benjamin S. Persons, IV

Unfortunately, elder abuse is extremely common, especially within the confines of nursing homes and other long-term care facilities. The following article will discuss some signs of nursing home abuse and will provide information regarding how to report suspected cases of nursing home abuse in the state of Georgia.

Most Common Signs of Elder Abuse in Nursing Homes

Just like with any other form of abuse, there are often several warning signs present which indicate that an elderly person is being abused in a nursing home facility, even if that person does not or cannot verbally confirm this fact. Some of the most common warning signs of elder abuse include the following:

Crashes With Large Trucks are Bad News for Cars

July 16, 2021 | Benjamin S. Persons, IV

Size matters in traffic accidents. Traffic accidents involving large vehicles frequently result in more, and more severe, injuries to those in the smaller vehicles. 18-wheeler commercial trucks are the blue whales of the highways. Nothing is bigger. Consequently, accidents between passenger cars and tractor-trailer rigs are much more likely to end in death or severe injuries, with those fates falling disproportionately upon the occupants of the passenger vehicles. It is not that the occupants of the 18-wheelers are never killed or injured – of course they are. But the occupants of passenger vehicles involved in accidents with tractor-trailers invariably suffer more serious injuries.

Accidents With Large Trucks Can Lead to Severe Injuries

More than 4,100 people were killed in traffic accidents involving large commercial trucks in 2019. In 2018, there were 176,000 people injured in such accidents. Of the 2019 fatalities in crashes involving large trucks, only 16% were occupants of the trucks, while 67% were occupants of passenger vehicles. The rest were motorcyclists, bicyclists, or pedestrians. Similarly, in 2018 82% of the deaths in accidents involving tractor-trailer rigs and other large commercial trucks occurred among people who were not occupants of the trucks. Every year, the vast majority of both injuries and fatalities in crashes involving large commercial trucks and passenger vehicles are not occupants of the trucks.

How to Deal With Aggressive Drivers in Georgia

July 9, 2021 | Benjamin S. Persons, IV

Road rage has been on the rise lately in the state of Georgia. In fact, just this year there have been over a dozen road rage shootings in Atlanta alone. The Georgia State Patrol has indicated that it is working diligently to deal with these road rage issues. Georgia State Patrol Sergeant Jay Trawick has asserted that there are things drivers can do to safely avoid a road rage accident. The following article will address some ways to deal with aggressive drivers and minimize the occurrence of road rage accidents.

What is road rage?

Road rage occurs when a driver commits an assault with a motor vehicle or other dangerous weapon on the driver or passengers of another motor vehicle. This conduct can endanger other people and property. A driver typically engages in road rage when the conduct or actions of another driver enrages him enough to respond with aggressive behavior.

Should You Handle Your Own Settlement Negotiations?

July 2, 2021 | Benjamin S. Persons, IV

If you have suffered an injury in some kind of accident, is it a good idea to handle your own settlement negotiations? Some people think so. They can see themselves saving the cost of an attorney, and they might have a job that they believe gives them the ability to negotiate a settlement for their injury. No matter what your background is, however, unless you are a personal injury attorney, it is unlikely that you have the experience and knowledge necessary to successfully negotiate a satisfactory settlement. You might think you are a shrewd bargainer, but you will be facing an insurance adjuster or the other party’s attorney – or both – who have been a part of dozens, if not hundreds, of such negotiations, while you will be involved in your first. Still like your odds?

Most Personal Injury Cases Settle

You will only get one shot at a good settlement, so it makes sense to do everything you can to get the best settlement possible. That probably does not involve you handling negotiations yourself. Virtually all aspects of life have become more complex, and the legal system is no different. It is unlikely you have the skills or knowledge to successfully handle your own legal case, including settlement negotiations. Nothing personal, but that is the way things are these days.

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.