Marietta Injury Lawyer Blog

What is the Graves Amendment and Why Does it Matter?

December 24, 2021 | Benjamin S. Persons, IV

This federal law often affects U-Haul and other rental vehicle collision claims. A fully-loaded, 26-foot U-Haul truck weighs about 36,000 pounds. When these trucks are involved in high-speed collisions, the resulting injuries are often catastrophic.

Frequently, U-Haul drivers have little or no insurance. This lack of insurance is normally not a problem. Under the negligent entrustment rule, vehicle owners are financially responsible for damages if they knowingly allow incompetent operators to drive their motor vehicles.

Given the size of U-Haul trucks and the fact that the drivers normally do not have commercial licenses, many U-Haul drivers are incompetent. However, an obscure provision of federal law, the Graves Amendment, protects some U-Haul owners in some cases.

Car Accidents and Traumatic Brain Injuries (TBIs)

December 17, 2021 | Benjamin S. Persons, IV

According to the Centers for Disease Control and Prevention (CDC), there are about 1.7 million traumatic brain injuries (TBIs) that occur every year. After falls, car accidents are the second-leading cause of these types of injuries, contributing to about 17.3% of these injuries per year. The following article will discuss some of the causes of TBIs resulting from car accidents and will provide some potential effects that TBIs can have.

How do car accidents cause TBIs?

Car accidents can cause TBIs in some of the following ways:

My Workers’ Compensation Claim Was Denied. What Now?

December 3, 2021 | Benjamin S. Persons, IV

Workers’ compensation claims are denied by insurance companies for various reasons. If your claim is denied, it can be confusing trying to figure out what your next steps should be. The following article will provide information regarding some of the most common reasons why workers’ compensation claims are denied by insurance companies, as well as some steps you could take if your claim is denied.

What are Some Reasons Why Workers’ Compensation Claims are Denied?

Workers compensation claims can be denied for any number of reasons, some of which include:

What are Some Potential Defenses in Product Liability Cases?

November 30, 2021 | Benjamin S. Persons, IV

If you were recently injured by a product and you plan to file a lawsuit against a liable party (such as the manufacturer or retailer of the product), you should be aware of some potential defenses that the party might bring up in court.

Potential Defenses

Defendants in products liability cases can typically raise various defenses that plaintiffs should be cognizant of before deciding whether or not to proceed to trial. Some of these defenses include the following:

How Long Does a Personal Injury Lawsuit Usually Take?

November 26, 2021 | Benjamin S. Persons, IV

If you were recently injured by the actions of another party, you may contemplate filing a personal injury lawsuit against that party. The following is some information regarding the amount of time it takes for a typical personal injury lawsuit to be resolved.

What Factors Determine How Long a Personal Injury Lawsuit Will Take?

The amount of time that it takes for a personal injury lawsuit to be resolved will depend on some of the following factors:

What You Should Know if You Have Been Injured on Someone Else’s Property

November 19, 2021 | Benjamin S. Persons, IV

If you were ever injured on the property of another, you may have considered filing a personal injury lawsuit to hold the property owner liable for your injuries. The following article will provide some helpful information you should know regarding whether property owners are liable for injuries sustained by others on their property.

What is Premises Liability?

Premises liability is a legal concept, based in personal injury law, which alleges that an injury a person sustained resulted from a defective condition on the premises of another (for example, a store owner, landlord, etc.). Regarding slip and fall accidents, the person injured is alleging that she slipped and fell and suffered resulting injuries due to a defective condition (such as wet floors, unsecured rugs, or loose steps).

What are the Most Common Types of Medical Malpractice Cases?

November 12, 2021 | Benjamin S. Persons, IV

Medical malpractice can have long-lasting, devastating effects. If you believe you are the victim of medical malpractice, it may be helpful to file a personal injury lawsuit against the liable party (i.e. the physician, other health professional, or medical facility). The following will discuss some of the most common types of medical malpractice cases.

What is Medical Malpractice?

Medical malpractice is a term used to describe an occurrence where a hospital, physician, or other health care professional causes injury or death to a patient, either from negligence or omission. In these cases, the injured patient (or his family, in cases where the patient dies) is allowed to sue the liable party to receive compensation for his injuries.

Exploring Premises Liability and the “Attractive Nuisance” Doctrine

November 5, 2021 | Benjamin S. Persons, IV

In some cases, property owners can be held liable for injuries that occur to people on their property. Under the “attractive nuisance” doctrine, a property owner can be held responsible if a child is injured on the owner’s property due to some type of artificial condition located on the property that is particularly appealing to children. The following will provide more information about the attractive nuisance doctrine.

What is the “attractive nuisance” doctrine?

The “attractive nuisance” doctrine states that property owners may be liable for injuries to children who trespass on their land if the injury results from a hazardous object or condition on the land that is likely to attract children who are unable to appreciate the specific risk posed by the object or condition.

Common Mistakes Injured Employees Make During the Workers’ Compensation Claim Process

October 29, 2021 | Benjamin S. Persons, IV

If you were recently injured at work, there are certain actions you could take (or not take) that might jeopardize your workers’ compensation claim. The following article will provide some of the most common mistakes injured employees make after experiencing a workplace injury that can be detrimental to a workers’ compensation claim.

Failing to report your injury within a timely manner: In Georgia, you are required to report your work-related injury to your employer within 30 days of the date the injury occurred. If you choose to wait longer than 30 days to report your injury, you may be unable to file a workers’ compensation claim later on.

Failing to seek medical attention: After experiencing a work-related injury or illness, you should seek medical attention as soon as possible. The timing regarding when you choose to seek medical attention can have a significant impact on your claim. Additionally, if you take too long to seek medical attention, your employer may assume that your injuries are not as serious as you claim.

How to Prevent Workplace Machinery Accidents

October 22, 2021 | Benjamin S. Persons, IV

The construction industry carries a significant risk of serious accidents in the workplace. Many of these workplace accidents that occur result from the use of heavy machinery. The following article will discuss some of the most common causes of workplace machinery accidents and will also provide some practical ways to prevent these types of accidents in the workplace.

What are some of the most common causes of workplace machinery accidents?

According to OSHA, the following are the most common causes of workplace accidents involving machinery: