Marietta Injury Lawyer Blog

Breaking Down a Fall Injury Claim

September 23, 2022 | Benjamin S. Persons, IV

Every year, serious fall injuries send over eight million Americans to hospital emergency rooms. The physical injuries these victims sustain are just the beginning. Falls usually cause emotional injuries, as well, especially if the victim is over 65. Many of these individuals are so afraid of falling again that they cease most physical activity. Generally, the physical and emotional injuries are permanent, at least to an extent.

Despite the image that TV commercials portray, insurance companies care nothing about these severe injuries. Instead, they hire lawyers who look for ways to reduce or deny compensation to victims. A Marietta personal injury attorney takes the opposite view in pretty much every way. Lawyers quickly connect victims with high-quality doctors. Then, when the case goes to court, an attorney fights for the compensation you need and deserve.

Duty of Care

Grocery Store Falls From the Inside Out

September 16, 2022 | Benjamin S. Persons, IV

Every year, small and large supermarkets pay over $450 million to resolve indoor and outdoor slip-and-fall claims. These falls cause physical and emotional injuries. Physically, these victims sustain head injuries, broken bones, and other such wounds that often never heal, or at least never entirely heal. The same is true for the depression that many falls cause. Psychologically, many fall victims are so afraid of falling again that they essentially become prisoners in their own homes. The withdrawal often leads to deep depression and Post Traumatic Stress Disorder.

These injuries are difficult to diagnose and treat. Furthermore, these claims are legally complex. A Marietta personal injury attorney helps on both fronts. Lawyers connect victims with top-notch doctors who, in many cases, don’t charge anything upfront. Later, when the case goes to court, an attorney is committed to 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.

Legal Issues

Workers’ Comp Benefits in Georgia

September 9, 2022 | Benjamin S. Persons, IV

Over the last several years, wages have increased some, and medical bills have increased even more. However, workers’ compensation benefits are on the opposite track. Since 2013, wage replacement benefits are down 17%, and medical bill payment benefits are down 20%. Since workers’ compensation is no-fault insurance, insurance company lawyers cannot deny liability. But, they can and do challenge the amount of benefits.

A Marietta personal injury lawyer works hard to ensure job injury victims get the victims they need and deserve. These benefits are available to both trauma injury victims, like falls, and occupational disease victims, like hearing loss. Both kinds of injuries are often difficult to diagnose and treat. Job injury victims in Georgia usually have the right to choose their own physicians. So, these victims get the treatment they need, as opposed to the treatment a company doctor is willing to provide.

Lost Wage Replacement

Vehicle Runs Over Pedestrians in Cobb County

September 2, 2022 | Benjamin S. Persons, IV

Few details were available after a predawn vehicle-on-pedestrian accident that sent a man to a local hospital in critical condition.

The wreck occurred on SR 120 in Cobb County.

Pedestrian Injuries

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

Ford to Appeal Defective Product Claim in Gwinnett County

August 12, 2022 | Benjamin S. Persons, IV

The automaker disagrees with a jury’s $1.7 billion verdict in a case involving a rollover crash that killed two people in 2014.

“I used to buy Ford trucks,” one observed remarked. “I thought nobody would sell a truck with a roof this weak. The damn thing is useless in a wreck. You might as well drive a convertible,” he added. During the trial, the plaintiffs cited reports of 80 similar rollover wrecks to support their defective product claims.

During closing arguments, Ford’s lawyer said that it is “simply not the case” that the automaker was irresponsible and willfully made decisions that put customers at risk.

The Fatal Four Construction Accidents in Georgia

August 5, 2022 | Benjamin S. Persons, IV

The Occupational Safety and Health Administration is responsible for over 130 million American workers at over eight million job sites. Yet OSHA has less than 2,000 inspectors to monitor all these workers. That translated to about one inspector for every 70,000 workers. So, if you believe government inspectors can keep your workplace safe, you may want to think again. OSHA estimates that the Fatal Four injuries, which are listed below, cause most workplace fatalities.

When government bureaucrats fail to protect people, a Marietta personal injury lawyer usually stands in the gap. Our team not only makes workplaces safer by forcing companies to put people before profits. We also obtain the financial compensation these survivors need and deserve. They need it to pay medical bills and other final expenses. They deserve it because, in most cases, the workplace accident was not the decedent’s fault.

Falls

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.

Feds Continue Watering Down Truck Driver Safety Rules

March 31, 2022 | Benjamin S. Persons, IV

Truck drivers hauling certain consumer products are exempt from some HOS (Hours of Service) rules, according to the Federal Motor Carrier Administration.

The latest exemption does not expire until May 2022 at the earliest. In a statement, the FMCSA stated the extension was necessary, even though COVID-19 cases are dropping, since “persistent issues arising out of COVID-19 continue to affect the U.S. including impacts on supply chains and the need to ensure capacity to respond to variants and potential rises in infections. Therefore, a continued exemption is needed to support direct emergency assistance for some supply chains.”

The HOS waiver applies to drivers carrying livestock, feed for livestock, fuel, most medical supplies, and most food and paper products.