Stone Law Group – Medical Malpractice Attorneys Atlanta

With trucker rest rule suspended, will serious Georgia accidents rise?

Sat, 09 Jan 2021 22:01:05 GMT

Atlanta accidents that involve large trucks often have catastrophic consequences. According to the Insurance Institute for Highway Safety, large trucks played a role in about 10 percent of all fatal accidents in 2012. The same year, in 96 percent of fatal two-vehicle accidents that involved large trucks, passenger vehicle occupants suffered the fatal injuries.The IIHS states that the risk of truck accidents occurring increases significantly when truck drivers are fatigued. To address this risk factor and reduce unnecessary truck accidents, federal regulations mandate daily and weekly rest periods for truckers. Unfortunately, under a recent regulation suspension, drowsy driving and associated serious truck accidents may increase.

Regulatory changes

According to the Federal Motor Carrier Safety Administration, the regulation required truckers to schedule consecutive overnight rests each week. Specifically, during the “restart period” between workweeks, truckers had to complete two rest periods extending from 1 a.m. to 5 a.m. Now, as the Marshfield News-Herald reports, truckers only need to log a 34-hour rest period. Consecutive overnight rests aren’t mandatory during this period.

This change may result in more truck drivers sleeping during irregular hours and driving while fatigued. Additionally, truckers may start spending more hours on the road each week. The overnight rest requirement effectively prevented truckers from driving more than 70 hours during any given week. Now, depending on how drivers schedule their rest periods, they may exceed this limit when they begin the next workweek.

The suspension is effective until the FMCSA completes a study into the efficacy of the rule. At that point, the rule could be implemented again or eliminated. In the meantime, while the study is still pending, the risk of drowsy driving truck accidents may increase significantly.

Impaired drivers

Limited research suggests that the elimination of the mandatory overnight rest periods could make truckers more prone to drowsy driving. According to The New York Times, one study found that drivers who completed only one overnight rest per restart showed performance impairments. Specifically, these drivers struggled to stay in their lanes or maintain focus on driving.

Overall, the Department of Transportation estimates that 13 percent of large truck crashes involve driver fatigue. Still, drowsy driving is notoriously difficult to detect and prove after an accident occurs. Consequently, the number of accidents that truly involve this form of impairment may be much greater.

Legal recourse

Sadly, preventable and serious truck accidents may affect many people in Georgia this year. Data from the Georgia Governor’s Office of Highway Safety shows that trucks contributed to 153 fatal collisions in the state in 2012. These accidents represented over 12 percent of all fatal collisions reported in Georgia that year.

When factors such as driver fatigue result in needless accidents, injuries or fatalities, victims may have legal recourse. Anyone who has been hurt in an accident involving a large truck should consider discussing legal remedies with an attorney. A personal injury attorney may be able to offer advice or assistance during the claim process.

Study: Hands free cellphones and cognitive distraction

Sat, 09 Jan 2021 22:00:12 GMT

There is no question that using a hand-held cellphone to talk and text while driving can be deadly. According to Distraction.gov, 3,129 people were killed and 431,000 people were injured in distracted driving car accidents in 2014 alone. While Georgia is not one of the 14 states in the nation that prohibit drivers from using hand-held cellphones, many motorists in Atlanta and across the state have switched to using hands free devices in an attempt to reduce distraction and increase safety while behind the wheel.

Hands free cellphones reduce manual distractions and eliminate visual distractions for motorists, as they do not require them to use their hands or eyes in order to operate. These devices, however, do not decrease the level of cognitive distraction that drivers experience while trying to focus on the road.

Conducting research

A study published by AAA looked at just how much distraction drivers undergo when using hands free cellphones, in comparison to a number of other tasks participants were asked to engage in while driving. The two-part study involved participants driving a vehicle that was set up with specialized monitoring devices, as well as a driving simulator. Each driver was asked to perform various tasks, which included the following:

• Listening to an audio book

• Engaging in conversation with another passenger in the vehicle

• Talking on a hand-held and a hands free cellphone

• Listening to the radio

• Writing an email using an voice-activated device

During each task, monitors evaluated the driver’s heart rate, mental workload, response time, accuracy and brain activity. Participants were also asked to answer several questions, giving researchers a personal interpretation of their distraction level.

Analyzing the results

Researchers created a system that rated each driver’s level of cognitive distraction on a scale of one to five. With a rating of 3.06, participants’ experienced the greatest level of cognitive distraction when using the voice-activated technology. Engaging in conversation using a hand-held device had a rating of 2.45, and the hands free device was given a rating of 2.27, which were both significant. Listening to the radio, on the other hand, scored a low 1.21.

Study results show that while drivers may feel as though they can maintain a conversation using a hands free device, doing so creates a substantial amount of cognitive distraction. When the brain is not fully focused on the road, the risk of a catastrophic auto accident increases.

Victim of distraction

If you are the victim of another driver’s negligence, you could benefit from speaking to a personal injury lawyer in Georgia. An attorney may be able to go over the details of your case and explore your legal routes.

Fatalities from drunk driving accidents a serious issue

Sat, 09 Jan 2021 21:59:23 GMT

In 2013, 22 people died in drunk driving accidents in Fulton County. Between 2009 and 2012, another 77 people were killed in these crashes.

The National Highway Traffic Safety Administration statistics indicate that from 2009 through 2013, a total of 99 people died in drunk driving accidents in Fulton County. In 2013, both Fulton and Dekalb Counties experienced 22 of these fatalities-more than any other county in the state.

In Cobb County, there were 18 drunk driving deaths and in Chatham County there were 10 such deaths. Gwinnett and Troup Counties both experienced 10 deaths at the hands of drunk drivers.

Statewide, 297 people died in accidents involving alcohol that year. That number is dramatically higher than the prior two years. In 2012, 180 people died in alcohol-involved crashes and in 2011 that number was 220.

Drunk driving crashes all too frequent

A quick online search for drunk driving accidents in Atlanta returns far too many sad stories. A look at AJC.com reports includes the following:

In the northwestern area of Atlanta, a 43-year-old motorcyclist was killed after being hit head-on by an alleged drunk driver. The driver of the car was reportedly on the wrong side of the road at the time of the crash. He has been charged with vehicular homicide in the first degree and driving under the influence among other things.

Near Fulton County’s border with Clayton County, two adults and three children were the victims of a tragic drunk driving crash. A pickup truck driven by a suspected drunk driver hit another vehicle head-on. One of the adults and two of the children died while the other adult and child were injured and taken to a hospital. The at-fault driver was found to be on probation for another DUI offense only months earlier.

In southeast Atlanta, a three-car crash left one man dead and another in the hospital. The accident was caused after a driver believed to be intoxicated failed to stop at a red light.

The failure to navigate a curve in the road caused a suspected drunk driver to go over the median and strike an oncoming car. One man died while four other people, including a child, were injured in the crash. The driver of the vehicle that crossed the median has been charged with DUI, vehicular homicide and driving on a suspended license.

Accidents like these impact many people including those directly involved and family members and friends alike.

People who have suffered injuries or the loss of loved ones due to the negligence of a drunk driver deserve help. Anyone in this situation should contact an attorney to discuss their options.

Distracted driving fuels increase in fatal accidents in Georgia

Sat, 09 Jan 2021 21:57:09 GMT

Georgia has the fourth-most traffic fatalities in the country based on recently released figures, reports WSAV 3 News. While fatal motor vehicle accidents are up nationwide, in Georgia traffic fatalities soared ten percent last year, much higher than the national average. Safety experts say driver inattention, most notably due to smartphones and other mobile devices, is a major cause of the upswing. Other factors include impaired driving, lack of seat belt usage, and speeding.

Traffic deaths soaring in Georgia

Last year traffic deaths exceeded 1,500 in Georgia, making it the fourth deadliest state in the country for overall road deaths. That is also a ten-percent increase over 2015’s traffic fatalities. Texas was ranked as the deadliest state for driving, with 3,751 traffic fatalities last year.

The surge in road deaths is a story that is being repeated across the country. As the Columbus Ledger-Enquirer reports, approximately 40,200 people died on the nation’s roads and highways last year, the first time nationwide traffic deaths have exceed 40,000 since 2007. The increase also largely reverses what had been a 15 percent decline in nationwide traffic fatalities between 2007 and 2015. Today road crashes are the number one cause of death for Americans who are aged 30 and younger.

Why so many fatal accidents?

There is still plenty of debate about why traffic deaths are increasing so rapidly, both in Georgia and throughout the country. However, one likely culprit is distracted driving. Last year in Georgia, for example, 917 traffic fatalities occurred when drivers were trying to make a lane change. Such accidents are usually caused by drivers not paying attention to their surroundings. The main cause for the increase in distracted driving deaths is likely due to the widespread availability of smartphones. A motorist who spends just four seconds reading a text, for example, and is traveling at 60 mph risks driving the length of a football field without actually watching the road.

While distracted driving is likely the main reason for the increase in deaths, it is far from the only one. Impaired driving remains one of the leading causes of fatal accidents. Safety experts, however, say that an increasing share of impaired driving accidents are being caused not by alcohol, but by drugs, notably prescription drugs. Speeding and not wearing a seatbelt were also cited as common factors in traffic fatalities.

Personal injury law

For those who have been injured in a car accident, the next few weeks and months can be especially difficult. One challenge that faces many accident victims is figuring out how they are going to pay for the various expenses, such as medical costs, treatment, lost income, and vehicle repair, that often arise as a result of an accident. A personal injury attorney can help. By contacting an experienced attorney today, accident victims will have an advocate on their side fighting for their rights, including helping them pursue financial compensation they may be entitled to.

How long does it take to recover from traumatic brain injury?

Mon, 28 Jan 2019 17:57:00 GMT

Traumatic brain injuries are often referred to as the “silent epidemic” because, unlike a broken leg or laceration, this injury is harder to detect. The three leading causes of traumatic brain injury in the United States are falls, being struck by an object, and motor vehicle accidents. According to the U.S. Centers for Disease Control and Prevention, about 2.8 million people are treated for a traumatic brain injury each year.

What is a traumatic brain injury?

A traumatic brain injury, or TBI, occurs after a person receives a bump, jolt, or blow to the head. It can also be caused by oxygen deprivation, this is known as hypoxia. While some head injuries are visible like a bruise, swelling, or cut, most TBIs are not visible to the naked eye and are known as “closed head injuries”. TBIs are broken up into three categories.

Not all head injuries result in TBI but it’s always important to be vigilant after an injury occurs in case one is present. Mild concussions are the most common type of traumatic brain injury and often go undiagnosed. The CDC estimates about 75 percent of TBIs in the U.S. are mild. However, like severe TBIs, they too can be serious and result in long-term effects; they should never be underestimated.

How long does it take to recover from a TBI?

It’s important to understand, regardless of severity, TBIs can be a life-altering event . Recovery may come soon after an accident, or the brain may never completely recover. Each person will have a different experience because the degrees of healing after a TBI vary from person to person since no two brain injuries are alike. However, after sustaining a TBI of any level of severity, a person may never be the same they were pre-injury.

Broken bones and cuts can be serious but usually do heal in time. Unfortunately, brain cells do not replicate themselves the same way as these other types of injuries. It’s not uncommon for people to notice their loved one seems like a different person after sustaining a TBI. And, in many ways, they might be a different person with actual personality changes since the brain doesn’t function the same as it did before. This is a frustrating experience that can be very hard to accept for both the person injured and their family and friends.

While people can experience a full or good recovery after a brain injury, but for many who are hurt in this way, life is forever changed.

What can I do after a TBI has occurred?

After a TBI occurs, it’s hard to place a time table on recovery. One thing about a head injury is that it’s rarely predictable and recovery is usually an ongoing process. The challenges people with brain injuries face is that sometimes symptoms are not immediately apparent, it may be a while before symptoms emerge. Or symptoms may change over time, especially when children are injured because their brains are still growing. This is why, after receiving a bump, jolt, or blow to the head it’s important for an injured person to be examined by a health care professional immediately because early treatment is essential with head injuries. If the injury was caused by an accident or due to someone’s negligent behavior, by receiving medical treatment, you’ll also have documentation.

Life after suffering from a TBI can be very difficult. About 5.3 million Americans live each day with a TBI-related disability. If you or a loved one are injured at work, in a car accident, or by medical malpractice, it’s a good idea to consult with a traumatic brain injury attorney. By doing so, you’ll understand your rights and best protect yourself in the event long-term or ongoing treatment and rehabilitation are needed.

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Why concussions should never be dismissed as a non-serious brain injury

Mon, 31 Dec 2018 23:44:00 GMT

How many times have we heard the phrase “it’s only a concussion.” For years, people have dismissed concussions, believing them to be non-serious injuries. However, research in recent years has determined concussions are serious with experts saying concussions can be a life-altering event. In fact, the medical community now categorizes concussions as mild traumatic brain injuries, otherwise commonly known as mTBI. There are currently more than 5 million people living with TBI-related disabilities in the United States.

What is a concussion?

A concussion is a result from a blow, bump, or jolt to the head. Unlike cuts and bruises, a concussion is not visible to the naked eye. When one occurs, the injured person may become unconscious or experience a brief change of mental status. Concussions are a common injury for people who have been involved in car or pedestrian accidents. Symptoms exhibited by different people can be similar, but no two brain injuries are alike just as no two brains are alike. Symptoms a concussion may have occurred include:

Concussions should always be taken seriously because the signs indicating one has occurred can be very subtle. Some of the immediate symptoms that emerge after an accident will subside over time while others may never completely disappear. Additionally, new symptoms may emerge in the weeks or months following an accident. While concussions are usually not life-threatening, these injuries can still result in permanent life changes. Recent studies have found concussions are potentially linked to conditions such as epilepsy and Parkinson’s Disease and dementia which may not show up for years.

Brain injury statistics

Every year, approximately 2.8 million people are afflicted by a traumatic brain injury. These figures, published by the U.S. Centers for Disease Control and Prevention , count the people who have received treatment or experienced fatal injuries. About 70 to 90 percent are designated as mild traumatic brain injuries.

These statistics do not take into account the people who were injured but did not seek treatment from a healthcare professional. Many people who suffered a concussion fall into this category. Of the brain injuries diagnosed, motor vehicle accidents are one of the leading causes. Concussions often do resolve with time, but not always. It’s important to speak with an attorney as soon as possible to find out what your legal rights are in the event the injury is permanent.

What to do if you suspect a concussion

After an accident or potentially negligent situation that involved a blow, bump, or jolt to the head occurs, it’s important to be examined by a healthcare professional immediately. Early treatment and rehabilitation have been proven to help reduce the long-term impact of mild, moderate, or severe brain injuries. Even though they are referred to as “mild”, mTBIs can be complicated and unpredictable.

A traumatic brain injury is a life-altering event. They are often referred to as “the silent epidemic” because this type of injury can so easily fall under the radar or be misdiagnosed as something else. Unfortunately, many mTBIs go undiagnosed and people end up suffering, not knowing or understanding what is wrong. This can have a negative impact on a person’s quality of life.

If you or a family member have been affected by traumatic brain injury due to an accident or by the negligent action of someone else, you may be entitled to compensation. Because the long-term effects of brain injuries are not always immediately visible, by contacting an attorney as soon as possible you can best protect yourself or your loved one from any potential long-term consequences suffered.

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Common Types of Medical Malpractice

Tue, 13 Nov 2018 21:21:00 GMT

Medical malpractice occurs when a healthcare professional causes injury or death to a patient through negligence. The carelessness could be caused by a doctor, nurse, therapist, hospital staff, or medical testing (i.e. radiology department), to name a few examples. In some cases, an injury could be permanent. This could result in the patient needing ongoing medical care or have a severe impact on their ability to work.

What constitutes negligence?

To be considered medical malpractice, the healthcare professional or institution must have caused the injury by a negligent act or omission which resulted in injury (or death) to the patient. To qualify, a plaintiff must be able to claim several factors:

Acts falling under the umbrella of negligence include mistakes relating to diagnosis, treatment, aftercare, and health management.

Common types of medical malpractice

There are many types of medical malpractice that can happen to a patient while under a professional’s care. Some common examples include:

When to call an attorney

If you, or a loved one, is a victim of medical malpractice, you’ll want to call an attorney ASAP because you could be entitled to compensation as allowed by law. Many attorneys offer free consultations. Your medical malpractice attorney will examine the circumstances surrounding the injury and help determine if you have grounds for a case. If so, your attorney will work to help you gather the documentation you’ll need.

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Common surgical errors and when to seek legal representation

Thu, 13 Sep 2018 21:20:00 GMT

Among the most serious medical malpractice incidents are surgical errors. Unfortunately, despite the recommendation of and increased use of checklists before surgery, about 4,000 surgical errors occur each year in the U.S.

Common types of surgical errors

There are numerous ways patients can be injured during the surgical process. The negligence could occur pre-surgery, during the procedure, or post-op.

These are known as “wrong-site, wrong-procedure, wrong-patient” errors. Other surgical mistakes include a surgeon (or staff) being too fatigued or impaired by drugs/alcohol, resulting in carelessness.

Effects of surgical errors

While some mistakes are minor, unfortunately, there are times surgical errors aren’t so easily corrected. As a result of negligence during a surgery, a patient could experience permanent injury or suffering. Examples including, but not limited to are:

Medical facilities put mechanisms in place to prevent mistakes but sometimes things go wrong and someone gets hurt.

When to seek legal representation

If you, or a loved one, are suffering due to an act or behavior caused before, during, or after surgery, you could be entitled to compensation. Even if the effects are minor, they could become more serious over time. Long-term effects of surgical errors can include:

It’s important to understand not all surgical errors mean anyone is liable. However, a medical malpractice attorney can examine the facts relating to the situation. Your attorney will determine if medical standards of care were followed during the surgery (in many cases they weren’t) and determine if a medical malpractice case exists depending on the level of harm received from the negligence.

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Lost wages can be a serious financial issue after a car crash

Mon, 30 Apr 2018 12:15:00 GMT

Getting into a serious motor vehicle collision can quickly change your life. One of the areas that is often immediately impacted is your financial situation. There are a lot of potential expenses related to motor vehicle collisions. First of all, you need to worry about the cost to repair or replace your vehicle. Then, there’s the price of all the medical care you need for a full recovery from your injuries. Those amounts add up to billions in losses for American drivers each year.

However, that is not where the financial impact ends of an injurious collision. In fact, it may only be the beginning. In addition to incurring major, potentially ongoing, expenses, you will likely face the loss of a regular income while you recover. Many kinds of injuries can leave you unable to work, which can be a terrible problem for someone with an ever-growing stack of medical bills.

Many kinds of injuries can leave you unable to work

Depending on the nature of your career, there are a host of injuries that could preclude you from returning to work after an accident. For those who work in physical fields, such as construction, manufacturing or skilled trades, even broken bones and soft tissue damage could keep them out of work for weeks or even months. For those who work more intellectual or customer-related positions, some accommodation may be possible.

Those who do sales, data entry or similar work could potentially work from home or the hospital while they recover. People who work in customer service or offices could receive accommodations from their employer, like a first floor desk or a chair to sit in during work, that makes a return to work possible. However, more severe injuries, such as traumatic brain injuries, spinal cord injuries or multiple broken bones could leave you unable to work for the foreseeable future.

The person who caused the crash may be liable for your wages

If another driver is clearly responsible for the collision, you may have the option of holding that person accountable for your lost wages. In some cases, liability insurance policies will have sufficient coverage to ensure that you’re compensated for missed pay. Other times, however, the coverage may not be enough to offset your steep losses. In those situations, bringing a personal injury lawsuit may help you recover those costs.

Some situations have easily provable fault. If the other driver was texting at the wheel or failed a chemical test for alcohol or drugs, that could bolster your case. Footage from traffic cameras showing someone running a light or speeding can also help. Testimony from witnesses can also help establish fault in a serious car crash incident. Reviewing the police report and other official records of the crash can help you determine if you have a valid case for a lawsuit.

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When is a doctor responsible for a birth injury?

Mon, 19 Mar 2018 07:06:00 GMT

When parents have a viable cause of action to pursue a birth injury case, they will usually pursue a liability lawsuit against the doctor or surgeon who treated the mother while she was pregnant or giving birth. If successfully navigated, such a lawsuit could bring the parents money to pay for the baby’s medical care and other damages caused by the birth injury.

That said, not all birth injuries were the fault of a doctor or surgeon. In fact, in many cases, a birth injury happens naturally and no one is to blame.

How do you know when to pursue a birth injury lawsuit?

A birth injury lawsuit generally falls under the category of medical malpractice law. As such, similar concepts of liability that apply to medical malpractice claims will apply to a birth injury case. The only difference is that birth injury law is a specific type of medical malpractice, so there are some nuances relating to the types of treatments and the types of injuries that can happen when a doctor fails in his or her duties.

As with all medical malpractice cases, parents will need to establish the kind of care the doctor gave to the mother and her baby before and during birth, the information available to the doctor, and the types of decisions and choices made by the doctor while the patient was under his or her care. Ultimately, if the plaintiff can show that the doctor failed in his or her duty to follow standard medical procedure while administering treatment and care to the mother and baby — and this failure directly caused the birth injury — then a viable birth injury claim may exist.

If the plaintiff cannot establish that the doctor failed to follow the standard of care, then it could be the case that the birth injury was natural or — at the very least — not the fault of the physician’s negligence or failures. In this case, no cause of action will exist to pursue a claim.

Was your baby born with a serious birth injury?

If your baby was born with a serious birth injury , it’s important that you act quickly to review the facts surrounding the injury from a legal perspective. This type of analysis could serve you and your family financially if you determine that you have a viable birth injury lawsuit that you can file.

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Who can file a wrongful death claim in Georgia?

Wed, 07 Feb 2018 07:09:00 GMT

When it comes to the loss of a loved one, no one will completely understand your grief and pain. Even worse, if your loved one was a spouse, who helped contribute to family income, you and your family are probably suffering financially in addition to the intense emotional pain that comes with the death of someone you love.

In order to help you reach a sense of closure, and recoup some of the financial losses you have incurred, you might want to look into whether there is the possibility of filing a wrongful death action related to your loved one’s loss.

Who has the right to file a wrongful death action?

The ability to file a wrongful death action is a right held by close relatives of the deceased. These include children, parents, spouses and — if there are no direct survivors — the estate. Let’s take a look at each of these individuals more closely:

Spouses and the children who lived with the deceased: Under Georgia law, surviving spouses and children will generally have the ability to pursue wrongful death claims. The spouses will be able to receive one-third of the wrongful death award or settlement money and the children will divide the remaining amount equally. If no spouse survives the deceased individual, then the children will divide all of the award amongst themselves.

Parents: In the case that the deceased person was not survived by a child or spouse, then surviving parents can file a wrongful death claim.

The estate: In the event that no survivors exist to file a wrongful death lawsuit, then the deceased person’s estate may be able to file a wrongful death suit. Any proceeds derived from this suit will go to the beneficiaries of the estate.

The right to sue following the death of a loved one

Determining whether you have the right to pursue a lawsuit regarding the death of a loved one may not be entirely clearcut. As such, those who have recently lost a spouse, parent or child in a catastrophic accident may want to learn more details about their legal rights and options in this regard.

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Premises liability: Do you have a claim?

Thu, 21 Dec 2017 07:15:00 GMT

When you step on to someone else’s property, your favorite clothing store in Atlanta for example, you expect a certain measure of safety. In other words, you do not expect to come into contact with dangerous conditions that might cause you harm. Unfortunately, this does occur. Maybe the floor at the supermarket was wet and you slipped. Or, perhaps the carpet in your doctor’s office was torn and caught your shoe, causing you to trip. When accidents like these occur, premises liability comes into play.

In general, premises liability has to do with a property owner’s (or other occupant’s) duty to people that come on the property.

Your status as a visitor

There are three different statuses that the court might examine in terms of a visitor’s status. These are invitee, licensee and trespasser. An invitee is someone who has an invitation to come on the property. You, as a customer to a retail store, would be an invitee. A licensee is a person who enters the property for his or her own reasons, but with the approval of the owner or renter. The final status of trespasser belongs to individuals who have no right to enter the property. In general, the property owner does not have any legal duty in regard to the safety of trespassers.

Uniform standard of care

In many states, the court will consider the condition of the property, the activities of the owner and the behavior of the visitor during a premises liability case. Under the uniform standard of care, the property owner has a duty to provide a reasonably safe space for visitors. The court might examine the circumstances under which you entered the property, the intended use of the property, if there was any way to anticipate an accident and if the owner took reasonable steps to prevent hazardous conditions.

If you suffered an injury, such as a slip-and-fall, you might be able to take legal action. When an injury occurs due to someone else’s negligence, the victim may be entitled to receive compensation for the injuries and other damages.

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Dealing with a brain injury after a car accident

Thu, 07 Dec 2017 07:17:00 GMT

Brain injuries — depending on their severity — can result in lifelong disabilities. Even a relatively minor brain injury can affect a victim’s daily life for months after an accident.

Disabilities that affect a brain injury victim might include cognitive deficiencies, emotional and psychological problems and physical disabilities related to one’s motor skills. These can lead to an inability to work, problems with romantic and friendship relationships, and more.

Can I pursue a legal claim after a brain injury?

The ability to pursue a legal action after a brain injury will depend on the circumstances surrounding the accident that caused the injury. Here are a few examples of accidents that might lead to a personal injury claim against an at-fault party:

How will I benefit from pursuing a legal action?

There are no guarantees when moving forward with any kind of personal injury lawsuit. However, with the right factual scenario and a strategic understanding of the law, brain injury victims whose injuries were caused by another party may be able to receive multiple financial benefits.

If a brain injury plaintiff can successfully navigate his or her case, the plaintiff may be able to recoup money to pay for medical care. He or she may also be able to recoup money to pay for disabilities, lost income due to not being able to work and money to pay for various services and equipment required to deal with and recover from the brain injury.

Know the law and you have a better chance for success

When moving forward with a lawsuit, there’s no way to know what the results will be until the parties have settled the matter, or a judge and/or jury has rendered a decision. Until that point, it’s important that plaintiffs present their head injury cases in an honest, organized, convincing and legally appropriate fashion.

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Automated safety systems in vehicles save lives

Mon, 02 Oct 2017 07:20:00 GMT

Every year it seems that automakers come out with a new safety gadget. Although many of these technologies might seem “gimmicky,” new research shows that some of them are actually saving lives.

Two recent studies reveal that cars equipped with automated monitoring systems get in fewer vehicle collisions than normal cars . According to the studies, the technology could prevent tens of thousands of crashes every year if all cars were equipped.

Results of safety studies on automated vehicle monitoring

According to the findings of the research, lane departure warning systems reduce non-injury single vehicle collisions, head-on collisions and sideswipe accidents by 11 percent. The systems reduce injury collisions of the same kind by 21 percent. Blind spot warning systems were also useful in this regard, reducing non-injury crashes of this type by 14 percent and injury crashes by 23 percent.

The leader of the study, said in a recent interview, “This is the first evidence that lane departure warning is working to prevent crashes of passenger vehicles on U.S. roads.” She said that the study results show that numerous lives could be saved as these technologies become more prevalent in the United States.

Nothing replaces paying attention to the road and common sense

As advanced as safety features become, until human drivers are replaced with robotic computer driving systems, the dangers of getting into an accident with an inattentive, risk-taking, rule-breaking, bad decision-making driver will continue. If drivers would pay attention to the road, follow all of the rules, refrain from distractions like cellphones and refrain from driving while intoxicated, the vast majority of injurious and fatal auto collisions would probably be avoided in our country.

At the very least, when someone gets hurt by an inattentive, negligent, reckless or unlawful driver, the injured person will have the ability to pursue financial justice and restitution in court. If you have been injured in a car accident — due to no fault of your own — you may want to educate yourself on your legal rights and options.

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I got hurt in a car accident caused by a domestic animal

Wed, 16 Aug 2017 07:22:00 GMT

Cows, horses and pigs are large, docile animals that you’ll find on many Georgia farms. These animals have no place, however, in the middle of the road, where they can cause catastrophic and fatal car accidents.

Imagine you were driving through the country on a Sunday afternoon, and suddenly a cow walks in the middle of your vehicle’s path. If you strike the cow, not only could it kill the animal, but could also kill or seriously injure you and the other occupants of your vehicle. Who is liable for financial damages relating to a domesticated animal crash like this?

Liability in car accidents involving domestic animals

In most car accidents caused by large farm animals, the owners of the animals will be at fault and financially liable for the crash. Indeed, the owners of domesticated animals are responsible to keep their animals detained so they don’t wander into the road, cause a car accident or hurt people unintentionally.

There could be, however, situations in which a driver was at fault for striking an animal. For example, if a driver loses control of his or her car, drives into a pasture and strikes a horse, the driver will likely need to pay damages to the horse owner. The driver will also be obligated to assist the injured animal while waiting for appropriate animal medical personnel to arrive, so long as the assistance does not endanger the driver. These damages will probably stop at the animal’s value and/or the costs associated with the animal’s medical care.

Learn about liability in domesticated animal accidents

Automobile drivers involved car accidents with domesticated animals will want to gather the facts, evidence, medical documentation, eyewitness accounts, police reports and other information pertaining to the incident. A thorough analysis of this information will assist injured drivers in determining whether they have a viable claim to pursue financial damages against the animal owner. If successfully navigated, such a claim could bring injured drivers money to pay for their medical care, property replacement and repair costs, and other financial damages.

The post I got hurt in a car accident caused by a domestic animal appeared first on Stone Law Group - Medical Malpractice Attorneys Atlanta .

Car accident claims and Facebook

Wed, 02 Aug 2017 08:04:00 GMT

What you post on Facebook in the days, weeks and months after a car accident can come back and haunt you if you have filed a personal injury claim.

Insurance company adjusters routinely conduct social media searches on people who file injury claims. Anything you say to your friends on Facebook, Instagram or other sites can be used against you.

Here are examples of social media posts that can hurt you when you have filed a personal injury claim:

You may be keeping negative information to yourself so your friends and family members do not worry. However, the insurance company will view your posts differently. It will attempt to use your posts as evidence you were not really hurt.

It’s better to avoid posting on social media when you are involved in a legal case. If you do post, discuss those with your attorney.

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New ‘textalyzer’ technology aims to crack down on distracted drivers

Thu, 27 Jul 2017 08:06:00 GMT

Undoubtedly, you’ve witnessed a distracted driver on their cellphone. Maybe you honked at them because they were swerving into your lane or yelled in frustration because they weren’t paying attention and keeping up with traffic. You’ve also probably heard horror stories about people dying in car crashes as a result of someone texting or being otherwise engaged with their phone.

New York takes a different approach

The state of New York is taking a big step towards cracking down on distracted driving by approving a study of ‘textalyzer’ devices. This new technology may have uncovered a way for police to examine a driver’s phone to determine if they were illegally using it at the time of a crash.

On Wednesday, New York Governor, Andrew Cuomo announced plans for the Governor’s Traffic Safety Committee to examine the ‘textalyzer’ technology as well as questions about privacy and civil liberty violations.

The governor of New York issued a statement saying, “Despite laws to ban cellphone use while driving, some motorists still continue to insist on texting behind the wheel – placing themselves and others at substantial risk.” The goal of this new technology is to reduce reckless driving behavior while protecting the rights and privacy of New Yorkers.

How will the ‘textalyzer’ work?

At the scene of an accident, a police officer would use the ‘textalyzer’ device by plugging it directly into your phone. After about a minute, the device will then determine whether or not you were texting, emailing, searching the internet or otherwise using your phone before the crash.

Will the ‘textalyzer’ be able to download contents from your phone?

Privacy advocates and civil libertarians are particularly concerned about this new technology being an invasion of personal privacy, but an engineer of the ‘textalyzer’ device insists that it would only record swipes and clicks. The engineer also firmly stated that the device would not have the ability to download any content from your phone.

What factors will the committee consider while examining the technology?

Throughout the examination of the ‘textalyzer’ technology, the committee will carefully consider many key points. They will hear from supporters and opponents of the new technology as well as legal experts and law enforcement officials. The committee will focus heavily on the effectiveness of the technology, legal and constitutional issues, and how the device will be used in the field.

New York Senator, Terrance Murphy believes it’s only a matter of time before this bill passes into legislation, stating that it “will literally save lives.”

What does this mean for Georgia drivers?

Currently, New York has made the most advancements when it comes to implementing ‘textalyzer’ technology. While they will likely be the first state to pass this into legislation, other states may not be far behind. Lawmakers from multiple other cities and states have shown interest in the device and how it might decrease the amount of distracted drivers in their own communities.

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3 ways your life changes after a serious injury

Tue, 11 Jul 2017 07:24:00 GMT

After you suffer a personal injury, there are many things that change. You, yourself — the type of person you’ve always considered yourself to be — might change, your outlook may now differ and you might have new goals. Your family may treat you differently, or you may be unable to return to work.

There are dozens of ways your life changes after an injury , but here are three to consider before you accept a settlement from the party who caused your injury.

1. You may no longer be able to work a full-time job

The point of a personal injury claim isn’t just to obtain compensation for the pain and suffering you’ve been though. It’s also to obtain compensation for lost wages, now and in the future. It’s important to estimate how much you would have earned in your job during your lifetime if you hadn’t been injured, so you can know how much you should receive as that portion of a settlement.

2. Your family may be strained

When an injury takes its toll, your family may become stressed by it. That’s completely natural. It takes time to get used to changes that affect your life and the lives of those around you. For example, if you used to coach your son’s baseball team but now can’t walk to the field, you may have to step down. It may take some adjusting to get through that. Another example would be if you need around-the-clock help and have no nursing service. Your spouse may try to help, but it can become challenging some days.

3. You may have new goals or priorities

After a serious injury , it’s fair to say that your goals and priorities may change. This may come across as a change in your personality, and it might take time for some people to adjust to it. Remember, a change in your priorities or goals doesn’t mean you’re changing who you are, just the way you approach life.

Whether you have suffered an injury to your brain or have a disability due to a spinal injury, you will face changes in your life. Take time to adjust, and soon you will be able to continue living your life to the fullest.

The post 3 ways your life changes after a serious injury appeared first on Stone Law Group - Medical Malpractice Attorneys Atlanta .

These types of behaviors can cause a truck accident

Fri, 26 May 2017 07:27:00 GMT

If you live in or around the Atlanta area, you know one thing to be true: There is no escaping the many trucks that are always on the road.

As a motorist, you need to share the road with all types of vehicles. This includes passenger cars, commercial trucks, and motorcycles among others.

Unfortunately, even though you’re willing to share the road, truck drivers don’t always take as much caution. This can lead to a serious accident.

Although it is no guarantee that you will avoid trouble, it never hurts to understand the most common causes of truck accidents. With this knowledge, you may be able to make decisions that help keep you safe.

Consider the following:

— Reckless driving. This can mean many things, such as a trucker who is driving in excess of the speed limit or failing to use turn signals when changing lanes.

— Driving under the influence of alcohol or drugs. Just the same as any other driver, impairment will increase the likelihood of an accident.

— Distracted driving. Truckers often spend long hours on the road, meaning that they may fall prey to distractions from time to time. A distraction can be anything from reading text messages to eating a piece of food.

— Drowsy driving. When truckers don’t take the time to pull over and get sleep, they are more likely to fall asleep when behind the wheel.

— Inadequate training. Trucking companies are responsible for providing the necessary training to ensure that drivers are able to deal with any situation that arises on the road.

— Unrealistic schedules. With this, truckers often feel that they have to rush to reach their destination, thus increasing the chance of an accident.

These are just some of the many types of behaviors that can cause a truck accident.

If you or a loved one is put in this position, focus your immediate attention on your health and well being.

Once you feel better and know your treatment schedule, you can learn more about your legal rights. Consulting with a truck accident attorney will help you better understand your legal rights, the steps you should take, and if you are able to receive compensation for your injuries and other damages.

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4 reasons that doctors don’t listen

Thu, 18 May 2017 07:29:00 GMT

You’ve been having symptoms for years, for an unknown ailment, and the doctors can’t get to the bottom of it. They shuffle you in and out of hospitals and offices. Not only are you frustrated by the delayed diagnosis, but you’re worried that things are going to get worse before someone helps you.

Moreover, you feel like the doctors are negligent. They don’t listen to you. They don’t put time and energy into your case. They ignore your stories about your symptoms and just try some one-size-fits all approach. You don’t actually feel like the doctors are giving you the high level of care that you expect.

One reason that this happens is that doctors have too many extra tasks, according to some experts , who have studied the process and note that many tasks are trivial. They have to write paperwork over and over again to make sure every last word is right, for example, when the intent was there all along. This slows them down, wears them out, and means that patients don’t get care as quickly.

Doctors also have a lot of patients to see. With complex cases like yours, which don’t always have clear answers, doctors may need to spend hours with you to find a solution. But they only have 30 minutes before the next patient is going to come walking through the door. They may make mistakes, overlook obvious clues, mix up paperwork, or come to the wrong conclusion all because they’re really just trying to rush you through the office. The schedule dictates what they decide, not your actual case.

Some have also complained that hospitals and doctors’ offices are often more like assembly lines than anything else. They just shuffle the patients along, doing roughly the same thing every time, and they don’t really listen or think outside of the box. This approach may work with common ailments, but doctors who can’t do anything else may not solve complicated cases like yours.

Finally, some doctors know that it’s hard to find solutions for chronic problems. They already mentally decided that the standard types of care that they prescribe aren’t going to work for you. They’d never tell you that to your face, but it’s a common perception. This mentality could lead doctors to basically decide there’s not a good solution even before they try. If so, are they really listening to you and working to think creatively, or are they just mailing it in and waiting to meet the next patient?

As a patient, you deserve a high level of medical care, and that means doctors must stay invested in your case. When they refuse to listen and act negligently , delaying the diagnosis when they could have found a solution, you may want to know if you have a legal right to compensation.

Source: Nov. 30, -0001

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These 3 tips help prevent medical mistakes

Wed, 19 Apr 2017 07:31:00 GMT

You have an upcoming operation, and you want to make sure everything goes as smoothly as possible. You trust your surgeon, but you know that mistakes do happen. How can you make sure that you don’t suffer from mistakes that are made before, during or after surgery?

There are a few different steps you can take. One is to make sure you understand what’s going to happen and when. Another is to make sure you’re clear about each medical professional with whom you come into contact. Finally, it is imperative that you correct mistakes if you learn of any as you interact with personnel.

1. Understand the operation

Some patients end up with injuries because they don’t know enough about the treatment to say something seems wrong. It’s vital that you speak to your medical provider about the operation and what you should expect before, during and after it. By understanding potential complications , for example, you can let your doctor know if you’re in an unusual amount of pain or are having side effects that shouldn’t be occurring.

2. State your name and date of birth often

It’s a good idea to introduce yourself to each person you come into contact with at the hospital. You might think it’s annoying to do this, but stating your name and date of birth helps prevent mistaken identities. The last thing any patient or doctor wants to see happen is for a patient to receive the wrong treatment because he or she got mixed up with another party. Verifying your identity often helps avoid confusion and you need to make sure your doctors and nurses have the correct charts.

3. Correct mistakes

It might seem like an innocent mistake when a nurse calls you by the wrong name, but don’t let it slide. It’s important that he or she is corrected and verifies that you are the patient he or she was expecting to work with. In many cases, nurses and doctors approaching you will start out by verifying your data. If one fails to do so, it’s a good idea to state that information for him or her anyway.

These are just a few tips that can help to ensure you don’t suffer from medical errors . If you do suffer an injury, your attorney can help you file a claim for compensation, so you can get the treatments needed to recover from your injuries.

Source: Nov. 30, -0001

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5 things to know about semitruck crash causes

Thu, 13 Apr 2017 10:09:00 GMT

Semi-truck crashes have several different causes. Determining the cause of these crashes is often important because it lets the people involved know what options they have moving on from the accident.

To find out the cause of the crash, you must look at the various factors of the case. There are several different options to consider when you are going through the evidence.

#1: Trucker’s actions can cause crashes

The actions of the trucker might cause a semi-truck crash . Truckers who drive when they are suffering from fatigue might cause an accident. Distractions, reckless driving, negligence and similar factors can also lead to truckers crashing into other vehicles. Accident reports from the police officer can help you to learn if one of these factors resulted in the crash.

#2: Trucking company’s actions can lead to a crash

Trucking companies can cause crashes even if they aren’t the ones behind the wheel of the semi-truck. Often, the trucking companies will give a deadline for delivery that is very tight or that encourages the trucker to drive too many hours or in an unsafe manner. Tight deadlines might also lead to accidents as well as using improper methods for loading and securement.

#3: Equipment failure can result in a crash

Some crashes aren’t the result of the trucker’s actions but are the result of a component on the truck failing. Defective components and improper maintenance are two causes of equipment failure . An improperly working braking system or a faulty item in the hitch are examples of what might cause crashes. The cause of the equipment failure is important because it can determine whom a person might hold liable for the crash.

#4: Other drivers might cause a crash

It is possible for other drivers to cause a crash. Drivers who cut off semi-trucks can cause accidents, even if they don’t realize it. Semi-trucks take longer to stop than other vehicles, so drivers must take this into account when they are driving. Semi-trucks also have a large turning radius, 55 feet , so drivers can’t cut too close when they are trying to turn next to a semi-truck.

#5: Seeking compensation might be possible

Victims of semi-truck crashes might opt to seek compensation. Once you find the cause of the collision, you can determine who should be named as a defendant in the case. The cause can also help you to decide how you will proceed with the case.

The post 5 things to know about semitruck crash causes appeared first on Stone Law Group - Medical Malpractice Attorneys Atlanta .

3 things you need to know about sovereign immunity

Mon, 27 Mar 2017 08:07:00 GMT

You are walking down the street when you suddenly lose your balance, tripping over the crumbling edge of the sidewalk. When you land, you hit your elbow and dislocate it. You call 911 to go to the emergency room. Now, you face months of rehabilitation, because your tendons and ligaments tore in the fall. You can’t work, because you aren’t able to move your arm like you used to or bear weight on the joint. What can you do? Is the government likely to cover your medical expenses? Here are a few things to remember.

1. Governments have sovereign immunity

Sovereign immunity is when the government retains complete immunity from being sued or found liable for any lawsuit. This used to make it nearly impossible to sue a local or federal government, but today’s laws have loosened. The Federal Tort Claims Act waives sovereign immunity in some circumstances.

2. The government has a low standard of care requirement

While a small business is held to a high standard of care and must keep a premises safe for customers and visitors, the same is not always true for the government. When an unusual or unexpected danger arises, a government may be immune to claims arising from them, because it would have no idea that the danger even existed. Without knowing about the danger, there’s no way to prevent it or to protect against it. To win your case, you’ll want to show that the government knew about an issue, like pot holes on the road, for example, and failed to take steps to remedy them.

3. Notice requirements are different when the government’s involved

When it comes to filing a claim against the government, it’s important to do so as soon as possible. There are various rules and regulations you must follow when filing a claim, which your attorney can help you with. There are claim requirements and notice requirements that you must meet, or your claim could be denied quickly.

The government is a difficult entity to sue, but your attorney can help. With the right information on state laws, evidence of your injuries and proof of the negligence the city showed to you, there’s a chance you can receive a settlement for the compensation you need as you recover.

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The expenses victims face when seriously injured in a crash

Fri, 10 Mar 2017 08:10:00 GMT

Car crashes cost the American people close to $1 trillion yearly, according to a study released by the National Highway Traffic Safety Administration in 2014. Despite the high cost, the number of roadway deaths have actually been reduced over time, leading to an all-time low of 32,675 in 2014.

As a parent with children, the fact that crashes take place at all is terrifying. You place your children in safety seats, but crashes cause serious injuries in many cases, no matter how many precautions you take.

The average cost of an auto injury claim for bodily injuries was $15,443 in 2013. Multiply that by the number of people in your vehicle, and you see why these crashes quickly add up. Add to that expense the cost of repairing a damaged vehicle, and you can add an average of $3,231 to the claim.

Read the fine print!

Normally, insurance covers the cost of injuries and damage in accidents, so long as the negligent driver has insurance or you have uninsured or underinsured motorist coverage. Despite this, it’s been shown by statistics that crash victims pay up to 26 percent of costs out of pocket.

Due to the discrepancy in compensation versus what you owe, it’s always important to discuss your case with your attorney to make sure you get a fair settlement for yourself and your family. You must project your costs associated with ongoing medical care, lost wages and other expenses, like traveling to appointments. Settlements may also include compensation for your pain and suffering.

Getting a crash report from the scene helps you make a claim for the amount you feel is fair. If the other driver was speeding or drunk at the time of the accident, this may help your case. Did you know that in 2013, 10,079 people were killed in alcohol-related accidents , and 9,613 people were killed in speeding-related accidents? There’s no excuse for a driver disregarding human life in a way that leads to death, especially in these easily preventable situations.

Get the most out of your claim

Other causes of injuries include driving while distracted, using a cellphone, being too tired to drive and running a red light. Some of these incidents are avoidable if you focus on driving defensively, but it’s not your responsibility to make sure other drivers obey traffic laws.

Your attorney has more information on what to do after a crash to get the most out of your claim. With proper support and evidence, getting the right settlement is straightforward and helps you focus on your recovery instead of the expense of the crash.

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College students are often injured in drunk driving accidents

Mon, 27 Feb 2017 08:12:00 GMT

As a college student, you understand the importance of staying on the “straight and narrow.” After all, it only takes one mistake to put your future in jeopardy.

Unfortunately, there could come a time when somebody breaks the law and causes you harm. For example, another college student (or anyone else, for that matter) could have too much to drink, get behind the wheel, and then cause a serious accident.

Signs of a drunk driver

Despite the fact that you’re 100 percent sober, it doesn’t mean that everyone else on the road is in the same state of mind. For this reason, you need to know what it takes to spot a drunk driver. With this knowledge, you may be able to remove yourself from a potentially dangerous situation.

Mothers Against Drunk Driving (MADD) has discussed seven signs that a person may be driving drunk:

If you notice somebody acting in this manner, it’s important to take a couple key steps:

Even if you’re keeping your distance, it’s essential to contact the police. From there, an officer in the area can take action. This can help protect others who may not be aware that the person is drunk.

If you’re a college student involved in an accident with a drunk driver , the first thing you should do is receive medical treatment. Even if you’re feeling okay after the accident, don’t hesitate to seek the advice of a medical professional.

At that point, you can then learn more about your legal rights. If a drunk driver caused your accident and injuries, you may be able to receive compensation. You can use this money to pay for treatment associated with your injuries.

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What if the plaintiff died before filing a personal injury suit?

Thu, 09 Feb 2017 08:14:00 GMT

Let’s say your wife is involved in a serious car accident and suffers serious burn injuries. She spends months in the hospital fighting to recover from the burns. However, infection after infection has taken their toll and she finally succumbs to her injuries and dies.

Because your wife was struck by a drunk driver, she had a strong personal injury claim for financial damages. A claim that would have paid for the massive medical bills your family has incurred as a result of her care. Now what? Is it too late for her personal injury claim?

What should I do to pursue my deceased family member’s claims?

If your wife passed away as a direct result of her car accident injuries, then you will likely have a strong claim to pursue wrongful death damages in court. In the state of Georgia, special laws allow for the pursuit of wrongful death damages by close family members, such as spouses and children of the decedent.

That said, if the decedent did not have any close family members who could pursue a wrongful death suit, but did have heirs, then it may be possible for the personal representative or executor of the decedent’s estate to pursue personal injury damages on behalf of the estate. Any proceeds garnered by the personal injury lawsuit would then be divided amongst the heirs through the probate process.

What damages can be pursued?

Following the death of a car accident victim, courts will identify several categories of compensatory damages, including money to compensate for the cost of medical care before the individual passed away. Lost future income earning potential will also be evaluated. Sometimes, for example, close family members of the decedent can seek compensation for lost future earnings of a primary contributor to family income. They can also seek claims for damages related to lost family relationship, loss of consortium and more.

A personal injury lawyer can help

If you lost your husband or wife in a car accident caused by another driver’s unlawful or negligent behavior, you will likely have a viable claim to seek wrongful death damages. Furthermore, if you were the heir of an individual with a viable personal injury case, it may still be possible to benefit from a potential unfiled car accident lawsuit . By getting in touch with a personal injury lawyer, you can other family members of the decedent can evaluate the most appropriate legal options available.

The post What if the plaintiff died before filing a personal injury suit? appeared first on Stone Law Group - Medical Malpractice Attorneys Atlanta .

The expensive aftermath of a commercial truck accident

Mon, 23 Jan 2017 10:11:00 GMT

Although fatalities have declined in recent years, commercial truck accidents still happen daily, often resulting in death or serious injury. One moment, you are driving somewhere in your car and the next, you’re dazed, hurting, and confused. When the other vehicle involved is much larger than your own, the potential for serious injuries is increased. While you can take steps to minimize your risk of an accident with a commercial truck, you can’t prevent mistakes or neglect of duty by those driving large trucks. If you suffered injury after a truck accident, you need the help of an experienced personal injury attorney.

Bigger vehicles cause more damage

The extra size and weight of a commercial truck, like an eighteen-wheeler or city bus, can mean major damage. Their heavy weight and difficulty stopping and turning can cause catastrophic injuries to people and property.

From trauma care to physical therapy, many medical bills can pile up following an accident. Compound that with the cost of replacing or repairing your vehicle and lost wages, and you have a perfect recipe for financial disaster. Working with an experienced personal injury attorney following a serious commercial truck injury can help protect your finances and your future.

Medical bills can be ongoing for weeks or months

Depending on the nature and extent of your injuries, you could incur serious medical bills. Broken bones need to be set. Physical therapy and occupational therapy may be required for you to regain motion and the ability to work. There is the possibility of surgeries, including reparative surgeries and plastic surgery for facial injuries. There are also emotional repercussions to accidents. You and your passengers could develop post-traumatic stress or anxiety, requiring therapy. All of these treatments can prove to be very expensive. You shouldn’t have to bear the burden of someone else’s mistake.

An attorney will protect you and your family

After calling law enforcement and seeking necessary medical attention, speaking with an attorney should be one of the first things you do after an accident. An experienced personal injury attorney can help you in many ways. He or she can negotiate with the trucking company or their insurer to secure you a better settlement offer. This professional can help prevent your bills from going unpaid while insurers argue about which company is liable to pay. He or she can even help you file a civil suit to recover your expenses if need be.

You will have enough to worry about with wondering if you can afford the treatments you need. Retaining the services of an experienced personal injury attorney is the best way to protect your family and your future after a serious accident with a commercial vehicle.

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Car accidents, broken bones, and Complex Regional Pain Syndrome

Thu, 19 Jan 2017 10:14:00 GMT

When you’ve been in a serious car accident, your injuries may take a while to heal. For a small number of people, physically healing may not be the end of their injuries. Those who suffer broken limbs or trauma to their extremities may develop Complex Regional Pain Syndrome (CRPS), also called Reflex Sympathetic Dystrophy (RSD). Even if you have received adequate medical attention, injuries to your limbs or extremities could cause ongoing symptoms well after the initial trauma heals. For those who develop CRPS/RSD, the best course of action involves retaining the services of an attorney.

What are the symptoms of CRPS/RSD?

CRPS typically occurs at a point in the body where there has been an injury, ranging from sprains and fractures to surgery. Those with CRPS will experience an ongoing level of pain that doesn’t quite fit with the nature of their injuries. The pain generally does not decrease or disappear over time. Instead, those with CRPS will experience deep, aching pains often accompanied by hot or cold sensations. Their skin on the affected area may become more sensitive. Even a light touch could cause discomfort or pain. The affected area may also show swelling, inflammation or even discoloration of the skin.

The skin over the affected area may be hotter or colder than the rest of the person’s skin. Hair or nails nearby may grow abnormally or in usual colors. They may struggle with range of motion and strength in the affected area. They may also experience unusual sweating only on the affected area. It can sometimes be difficult for general practice doctors to diagnose CRPS. If you believe you have developed CRPS after an accident, an experienced personal injury attorney may be able to help connect you with a specialist who can aid in your diagnosis.

Why working with an attorney is critical to those with CRPS

Unfortunately for those who develop it, CRPS does not currently have a cure. This means it can impact you for the rest of your life. CRPS can happen to anyone. Given that it can be caused by a car accident, it is important to establish liability for the injury to ensure payment for your medical care. An experienced personal injury attorney can help you negotiate for a fair settlement with the other driver’s insurance. They can also help you file a civil lawsuit to recoup lost wages and medical expenses as the result of this life-long debilitating condition.

When you’re dealing with a compromised limb or extremity, reduced mobility, and increased pain, your focus should be on improving your quality of life. Partnering with an experienced personal injury attorney frees you up to focus on your recovery instead of medical bills and legal paperwork.

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Has your child been harmed by medical negligence?

Wed, 28 Dec 2016 10:57:00 GMT

As a parent, you do your best to take care of your children and keep them safe – but injuries still happen to kids everywhere. When your child’s health and quality of life are threatened, you do everything you can to make sure they get the best treatment available, because that’s your privilege and responsibility as a parent.

It can be devastating when the medical professionals you trust to care for the little ones you love end up leaving them suffering further harm. The feeling of betrayal and frustration with a doctor, pharmacist, or other medical personnel can make it difficult to think critically and make prudent decisions. This is understandable.

The good news is that you are not alone. Many parents all over the country have experienced this particular situation. An experienced attorney can help you mount a medical malpractice suit to recover compensation to help get your child back to living his or her best life.

Reach out to the right people at the right time

In the state of Georgia, there is a two-year statute of limitations on filing a medical malpractice claim. The two-year period begins at the time when you are aware that an injury has occurred, or could reasonably be expected to have known. Whatever steps you choose to take, it is important to act in a timely manner.

The first step in a medical malpractice scenario is to contact the person or persons you believe may be responsible. In many instances, when a medical professional has made a mistake, the individual will go to great lengths to make it right. This may include assuming the financial burden of performing corrective medical procedures or treatments. The important thing is to gain the clearest understanding you can of how and why the injury occurred, and what can be done to make it right. If at all possible, the first priority should be correcting the harm before other remedies are pursued.

After reaching out to the relevant medical professionals, you may want to step up the pressure by contacting the medical board that oversees the medical professionals you believe are responsible. The medical board has the power to levee punishments against the medical professional, and possibly even revoke his or her license to practice. While the board cannot specifically order the medical professional to settle with you monetarily, it can help you understand how to proceed effectively.

Build a team that knows how to win

If you have been unable to reach an equitable resolution directly with the medical professional who created the harm to your child, there are still options. Now you must consider the prospect of pursuing justice through the courts.

One of the most essential components to a successful medical malpractice suit is the representation of an attorney. But you must secure one who knows how to navigate the complicated landscape of proving that medical malpractice has occurred and has demonstrated fair compensation for losses and suffering.

An experienced attorney can help you assemble the best team to fight for justice for your child. He or she will help you choose your moves carefully while protecting the rights of your whole family. With the right help, you can confidently fight for justice while doing your part to be the strong parent your child needs.

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4 things to know about standard of care

Fri, 16 Dec 2016 10:44:00 GMT

One of the questions that comes up in medical malpractice lawsuits is whether the standard of care was met during the patient’s treatment. While this might seem like something easy to prove, this isn’t always the case because there typically isn’t any universal standard of care. There are several things that you should know about standard of care if you are planning to file a claim for compensation based on medical care failing to meet the standard.

Basis of standard of care

Standard of care is a concept that requires knowledge of the medical field. The standard of care isn’t what patients would expect a doctor to know. Instead, the standard of care that must be provided to patients must meet the expectations of the doctor’s peers and colleagues in the medical community. It is set based on what other doctors would do in the same situation.

Patients suffer when standard of care isn’t met

Patients who don’t receive treatment that meets the standard of care can suffer harm. For example, if a patient receives too much or too little of a medication while receiving a treatment, the patient might not reach the optimal level of healing. If a patient with cancer receives too little chemotherapy, he or she might not go into remission. If this patient receives too much chemotherapy, more serious risks or even death might occur.

Standard of care can vary from one doctor to another

Standard of care isn’t the same for every doctor. Considering the cancer example again, the standard of care wouldn’t be the same for a general practitioner as it would be for an oncologist. The oncologist would be held to a higher standard of care because the oncologist has had specialized training for treating cancer.

Another factor that can impact standard of care is what access the doctor has. A doctor in a facility with innovative equipment would be expected to provide better care than a doctor who doesn’t have access to that equipment.

Proving standard of care deficiencies can be difficul t

Standard of care can be hard to prove because doctors often don’t want to testify against other doctors . The medical community is a close-knit community, so many doctors are very cautious about saying anything even when they see errors. This can make it difficult for patients to prove that the standard of care wasn’t met. However, this doesn’t mean that it is impossible for the patient to prove that medical malpractice did occur.

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5 things young drivers need to know about distractions

Mon, 12 Dec 2016 10:16:00 GMT

Distractions are a bigger issue on the roads than ever, and they’re especially common with young people. Many new drivers have been around smartphones and social media for nearly their entire lives, and they’re very connected. It’s hard to step away when behind the wheel. However, distractions can be very dangerous and are often deadly. Below are five critical things young drivers must know.

1. Teens have the highest distraction rates for any age group.

Reports indicate that 10 percent of all deadly accidents involving drivers between 15 and 19 years of age were linked to distractions. While other age groups do fall victim to distractions, no group has as many distraction-related accidents as these teen drivers.

2. Some distraction numbers have been rising.

Distracted driving has really been an issue for years, and much has been done to put an end to it, but the rates keep going up. For example, the percentage of people visibly using mobile devices behind the wheel was just 1.7 in 2013, but it jumped all the way to 2.2 percent the following year.

3. 660,000 people are using mobile devices while driving.

That’s not a daily, weekly, or monthly number. The government reports that is the number of distracted American drivers at almost any given time.

4. Distracted drivers look down for about 5 seconds.

Of course, every incident is different, but the average amount of time people take their eyes from the road when they’re distracted is five seconds. It may not sound like much, but you could drive more than 100 yards – the length of a football field – essentially blind.

5. Distractions go beyond texting.

Texting is the top mobile device distraction. However, serious distractions also include going on social media sites, using maps and GPS systems, playing music, watching videos and more. Anything you do with a cellphone is a potential distraction that can lead to a crash.

People often assume that they can deal with distractions easily. They hear the numbers, but they think it won’t happen to them. They’ll just change the song on the phone really quickly, or read a text message but not respond, or just text at stop lights. They rationalize it and try to drive with distractions, and it eventually leads to accidents.

The statistics show that this problem isn’t going away. Some of the numbers above, like the amount of distracted drivers at any given time, have held steady for more than half a decade. Those who are hit by distracted drivers and injured need to know what rights they have to seek compensation after their right to a safe traveling experience have been violated.

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Mandated sleep apnea screenings may be on the horizon for truck drivers.

Thu, 27 Oct 2016 10:20:00 GMT

If you have been following our blog, you are aware that the Federal Motor Carrier Safety Administration (FMCSA) recently revealed the results from their 2016 “Large Truck and Bus Crash Facts” report. The agency provided both positive and negative statistics of truck accidents that occurred in 2014. Although the report noted that there was a 6 percent drop in fatalities resulting from large truck accidents, it also acknowledged a rise in the injuries suffered in the large truck accidents. Both aspects of the report show that big truck safety has improved, but there are still changes that can be made to ensure driver safety from fatalities and injuries.

A change in federal law may provide a tool to boost road safety for those sharing the road with truck drivers. In June 2016, three government agencies presented a plan that would require all commercial truck drivers, railroad laborers and bus drivers to be screened for sleep apnea. The Department of Transportation (DOT), Federal Railroad Administration (FRA) and the FMCSA revealed the plan in order to solicit comments from the public before moving forward.

A study sponsored by the FMCSA revealed that 28 percent of commercial truck drivers suffered from mild to severe sleep apnea. Those who have this condition report sluggishness and fatigue due to a pattern of interrupted sleep that apnea patients experience nightly. This sleep disorder causes the afflicted to stop breathing for short periods intermittently. Although periods may span only ten seconds, such cessations can number 400 times over the course of the night. As disruptive as the breaks in sleep may be, they are so slight that those with apnea have no recollection of them occurring. It is for this reason that those with apnea can feel exhausted even though they were in bed for eight hours or more. In many cases, it isn’t until the afflicted visit a sleep specialist that they realize they suffer from the disorder.

This poor quality of sleep obviously influences alertness and cognitive functions. For those getting behind the wheel, this type of impairment has implications for road safety. Many sleep studies have drawn connections between apnea and a reduced reaction time. In a study discussed by the American Academy of Sleep Medicine, “the rate of serious, preventable crashes was 5 times higher among truck drivers with sleep apnea” who failed to treat their condition when compared with drivers without the condition. Those with the disorder who followed treatment procedures for apnea were not involved in a higher rate of accidents.

It is for this reason that the three agencies are proposing this new rule. While no legislation has passed mandating the screening, we will provide an update when new information is revealed.

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Keeping motorcyclists safe from dogs that chase

Wed, 26 Oct 2016 08:15:00 GMT

Dogs who chase motor vehicles are a nuisance for people who drive cars. For a motorcyclist, they are a serious danger.

Learn how to protect yourself from collisions with dogs while you are riding.

How to avoid a dog who chases you

Dogs are territorial animals. If you drive past a dog’s home, you are encroaching on its territory. It may do more try to chase you away. It may try to bring you down. The more times you drive past a dog’s home, the more aggressive it may become.

One effective way to avoid a collision is to slow down when you see the dog approaching you. This will cause the dog to alter its angle of attack. Then, as the dog gets closer to you, smoothly accelerate. This will cause the dog to miss you every time.

Compensation for motorcycle accident injuries

There is no such thing as a minor motorcycle accident. If you collide with a dog or another vehicle while riding a bike, you are likely to be hurt and hurt badly.

In Georgia, dog owners are responsible for injuries caused by their pets. Damages such as medical bills, wage loss, and pain and suffering are typically covered by homeowners insurance.

To protect yourself, you should also increase the amount of UM/UIM insurance you carry. Many people who injure or kill bikers either do not have insurance or do not have enough to pay for your damages. UM/UIM insurance will protect you from drivers who do not have enough insurance to pay for your losses.

If you are injured in a motorcycle accident, contact a personal injury attorney as soon as possible to learn more about your legal options.

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Lawmaker says NFL tried to influence brain injury study

Tue, 31 May 2016 07:38:00 GMT

Georgia residents may have heard that there were government investigations underway into the relationship between football and brain injuries. On May 23, New Jersey Rep. Frank Pallone alleged that the National Football League had tried to pressure the National Institutes of Health to stop a researcher from working on the project.

According to Pallone, the NFL had rescinded its offer of $30 million to the NIH when the agency refused to remove Robert Stern, an expert on the link between football and brain disease , from the project. The NFL has denied the accusation.

The medical director for the NFL had emailed the Foundation for the National Institutes of Health and asked them to slow the process down because of his doubts about the bias of Boston University. ESPN had originally made the report about the NFL taking the offer back, and according to Pallone, the NIH acted properly in response. Donors are not supposed to influence research.

A person who suffers a brain injury, whether from football or another cause, may suffer health problems for years or a lifetime. In some cases, the immediate extent of the brain injury might not be apparent. A person might develop health problems over time. In the event of a head injury, the injured person might want to consult an attorney if another person is responsible for the injury or it happened on another person’s premises. For example, a person might sustain a brain injury in a fall from a dangerous set of steps at a place of business or a person’s home. A person might also suffer a brain injury in a motor vehicle accident. Insurance companies might offer too little money, and a person may file a lawsuit against the responsible party to get adequate compensation.

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Treatment of playground injuries in emergency rooms rising

Wed, 18 May 2016 07:39:00 GMT

Georgia parents may want to more closely supervise their children on playground equipment. The U.S. Centers for Disease Control and Prevention has published a study in the online journal Pediatrics that shows a significant rise in playground head injuries treated in emergency rooms. Researchers say one reason for the increase might be greater awareness about the dangers of these types of injuries.

According to the study, between the years of 2001 and 2013, the number of children treated in ERs grew, with the significant increase beginning in 2009. In 2001, approximately 18,000 children were treated while in 2013, the number was over 29,000. Boys were more likely than girls to sustain injuries, comprising almost 6 out of 10 of children treated, and more than half of the children treated were between the ages of 5 and 9.

While awareness of head injuries and concussions has focused on sports in the last few years, playgrounds have received less attention although there have been a number of safety improvements. Researchers say that parents should still inspect playgrounds, and while they should not discourage children from using them, they should try to keep them off some of the more dangerous equipment. Monkey bars might be particularly hazardous, and if children do climb on them, one researcher says they should not hang upside down.

A child might suffer long-term consequences from a playground brain injury. These could include health problems or learning disabilities. Parents whose children who have been injured on playgrounds may want to obtain the advice and counsel of an attorney when determining how to proceed. An attorney can conduct an investigation to see whether the injury was caused by a manufacturing defect in the equipment itself or whether the accident was attributable to negligent maintenance by the owner of the premises where the injury occurred.

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Fewer trucks involved in fatal accidents in 2014

Fri, 06 May 2016 10:22:00 GMT

Georgia motorists may be pleased to hear that a federal road safety agency has found that there were approximately 5 percent fewer trucks involved in a deadly crash around the United States in 2014 than in the previous year. There were 3,921 trucks reported to be involved in fatal accidents in 2013, but only 3,744 were found in 2014.

The Federal Motor Carrier Safety Administration also tracks the number of fatalities related to large trucks for every 100 million miles traveled. Its data reflects a 6 percent decline in this metric between 2013 and 2014. However, the lower rate of fatalities was accompanied by a rise in the number of truck accidents related to injuries. Although only about 73,000 truck crashes caused an injury in 2013, that number rose to approximately 88,000 in 2014. The agency found that about 1 percent of all police-reported truck accidents involved a death, whereas 20 percent caused at least one injury that was not fatal.

Although the drop in the fatality rate was welcome, the rise in the injury rate was seen as a cause for concern. There are a variety of reasons that have been put forward in an attempt to explain the discrepancy.

The operator of a truck and as well as its owner may bear financial responsibility when an accident caused by negligence such as truck driver fatigue results in harm to others. An injured victim may want to meet with a personal injury attorney in order to determine what the best way would be to obtain compensation for medical expenses and other losses.

Source : CCJ, “Fatal Crashes Involving Trucks Fell by 5 Percent in 2014”, Matt Cole, April 18, 2016

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Study of retired NFL players reveals widespread brain damage

Wed, 20 Apr 2016 07:41:00 GMT

Atlanta Falcons fans will likely know that studies have linked their favorite sport to a brain disease known as chronic traumatic encephalopathy. One of the biggest challenges facing those who wanted to research this connection is that CTE can only be diagnosed post mortem, but a study of 40 retired NFL players has provided more evidence connecting football with brain damage.

The results of the study were presented to the American Academy of Neurology during the organization’s annual meeting in March 2016. The players involved had all retired during the last five years after playing an average of seven NFL seasons. The researchers say that 40 percent of the retired players had abnormal brain structures and had difficulty with cognitive tests designed to measure learning and memory functions. More worrying still was the discovery of white matter damage in 43 percent of the players that was serious enough to be described as traumatic.

While the NFL has grudgingly begun to accept the growing body of scientific evidence linking football with brain injuries, most of the league’s efforts in this area have focused on reducing concussions. However, the researchers behind the retired player study say that the damage is likely done by the cumulative effect of multiple smaller hits rather than infrequent larger blows.

Brain injuries are not of course limited to contact sports. They often occur as a result of motor vehicle collisions or sudden slips and falls. A person who has incurred such an injury due to the negligence of another party often faces lengthy and expensive hospital care and treatment, and such a victim may want legal assistance in pursuing compensation for those and other losses through a personal injury lawsuit filed against the at-fault party.

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Slow-wave sleep cycle could treat brain injuries

Mon, 04 Apr 2016 07:43:00 GMT

A victim of a traumatic brain injury in Georgia might discover that physicians lack clear ideas about how to effectively treat the condition. The biological effects of head injuries remain the subject of ongoing research, but deep sleep could produce benefits according to a study from researchers at a hospital in Switzerland.

Building upon the knowledge that head trauma damages the axons of neurons and creates an excess of neurotoxic molecular wastes, researchers studied rats with injured prefrontal cortices. They wanted to know if inducing a deep sleep state in which the brain produces low-frequency and high-amplitude waves lessened either of the side effects of brain injury. The portion of rats that received sleep treatments exhibited a reduced amount of memory impairment. When examining the rats’ brains for axonal damage, the rats given sleep treatments once again showed positive results. Compared to the placebo group, they had almost 80 percent less axonal damage .

A neurosurgeon outside of the research team cautioned that the study had limitations. Although inducing slow-wave sleep could benefit head trauma patients, rat studies did not necessarily translate into results for humans. The sleep patterns and metabolic systems of rats differ from humans.

While medical researchers continue to search for effective treatments for a brain injury, a person suffering from such an injury must deal with the aftermath. These injuries can cause brain damage that limits a person’s ability to function. In the event that the injury was due to the negligence of anther party, such as in a collision caused by an impaired or distracted driver, then an attorney might be of assistance to the victim in seeking compensation through a personal injury lawsuit.

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Potential treatments for spasticity

Wed, 23 Mar 2016 09:53:00 GMT

One of the more catastrophic types of injuries that may happen in a car or construction accident in Georgia is an injury to the spinal cord. Spinal cord lesions sometimes occur as a result of accidents, and the lesions can lead to a problem called spasticity.

This condition happens when motor neurons are hyperexcited. This can result in permanent disability. Motor neurons located in the spinal cord help control the contraction of muscles. When hyperexcitability happens, people may suffer from involuntary contractions, making it very difficult for them to walk and carry on other tasks.

Spasticity is partially caused by sodium-ion channels remaining open. French researchers have discovered that spasticity happens because the channels become unregulated. The researchers tested two different types of treatment to address the deregulation of the channels in rats. One of the molecules they tested, a calpain inhibitor, helped to restore the functioning of sodium channels over a period of 10 days, and continuing positive effects were still seen a month later. The other molecule, riluzole, works by inhibiting the current of sodium itself. While it did help to reduce spasticity, its effects were temporary and dissipated after its use was discontinued.

Spinal cord injuries are often devastating for people who suffer from them. They may leave victims with permanent disabilities and a loss of their ability to earn a living. People who are injured in this way may want to talk to their doctors about the new possible treatments for spasticity. If their injuries occurred as the result of a car accident that was due to another driver’s negligence, they may also want to speak to a personal injury attorney to see if filing a lawsuit seeking compensation from the at-fault motorist would be an advisable course of action.

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Researchers discover disruptions in neural networks following TBI

Fri, 11 Mar 2016 07:45:00 GMT

Georgia residents who have been unfortunate enough to incur a traumatic brain injury are probably aware of the massively disruptive effects of such wounds. A TBI can make it difficult to meet the challenges of everyday life and severely impact the ability to function economically. Researchers into TBIs have built an impressive body of work on the subject, and they have detected extremely specific patterns of trauma with the injury. There is hope that understanding the ways that TBIs harm the patient will lead to ever more effective treatments.

The brain contains multiple interdependent neural networks that allow for the accomplishment of basic daily tasks. Uninterrupted social function requires that these networks be robust and healthy, but a traumatic brain injury appears to have the potential to disrupt them severely.

Some of the neural networks identified are known as the default mode network, the frontoparietal control network and the dorsal attention network. In a healthy functioning brain there are good connections between the default mode and the other two. However, University of Texas researchers found observable disruptions between them in the MRI scans of 40 TBI patients that they studied. The TBI victims examined were not generally recent sufferers of the injury. An average of eight years had elapsed for each of the 40 patients since they were hurt, but the researchers were still able to detect the TBI’s effect on their mental network connections.

Many traumatic brain injuries result from contact sports or combat, but car accidents and slips and falls can also cause them. A TBI victim who has received such an injury due to another party’s negligence may want the help of an attorney in seeking compensation from the at-fault party for medical expenses and other losses.

Source: Medical Xpress, “Brain Connectivity Disruptions May Explain Cognitive Deficits in People With Brain Injury”, March 1, 2016

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U.S. agency deems hoverboards unsafe

Wed, 24 Feb 2016 08:17:00 GMT

Georgia residents who purchased a hoverboard over the 2015 holiday season may soon be hearing about a product recall. According to the U.S. Consumer Product Safety Commission, the products are unsafe, and manufacturers must be safety certified before they can sell any more.

A letter from the acting director of the Office of Compliance and Field Operations cited 52 reports in 24 states between Dec. 1, 2015 and Feb. 17, 2016 of fires caused by the hoverboards. Two houses and a vehicle were among the more than $2 million in property losses that resulted from the fires.

The letter to manufacturers, importers and retailers urged compliance with the safety standards and requirements set out by Underwriters Laboratory Inc. in UL 2272-Outline of Investigation for Electrical Systems for Self-Balancing Scooters. The letter also said that the lithium ion battery that is used in the hoverboards must be in compliance with UN/DOT 38.3 Transport of Dangerous Goods for Lithium Ion and Lithium Ion Batteries. The organization said that any products that do not meet this safety standard should be considered defective, and the agency staff plans to follow up on manufacturers.

The sale of hoverboards is one example of a new product that came on the market, became a big seller quickly and rapidly was shown to be unsafe. Although only significant property damage has resulted from the faulty product so far, a person could also be seriously injured or killed using it. A person who purchases a product that malfunctions and causes property damage or personal injury may want to have legal assistance in seeking compensation from the manufacturer or distributor.

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Did Your Loved One Suffer a Brain Injury?

Wed, 24 Feb 2016 07:46:00 GMT

When a person suffers a brain injury in a car wreck, slip and fall, or other accident, family members are often the first to notice that something is wrong.

Brain injury may be caused by the sudden acceleration and deceleration of the brain in a person’s skull during a traumatic event. This can happen with or without any outward sign of injury, and with or without a loss of consciousness. Many brain injuries go undiagnosed and untreated because the victim and his or her family did not recognize the signs. They may attribute changes in family member to other causes, such as pain medication.

Traumatic brain injury can be mild, moderate or severe. Symptoms of a mild to moderate injury may include:

Unfortunately, those symptoms may not go away, even after the person recovers from his or her other injuries. If your loved one suffered a brain injury in an accident caused by someone else’s negligence, you may be entitled to compensation to meet the challenges ahead.

The law firm of Stone Law Group in Atlanta offers a free initial consultation to discuss steps you can take to obtain treatment and compensation for a traumatic brain injury. Call 404-239-0305 for a free initial consultation.

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Traumatic brain injury victims and common myths

Fri, 12 Feb 2016 07:48:00 GMT

Georgia residents who experience a significant impact to the head or blast during military service and sustain a traumatic brain injury may benefit from learning the truth about TBI-related myths. Many believe that traumatic brain injuries always occur alongside a loss of consciousness, but the truth is that many victims do not black out at all. For military victims of TBIs, it is important to remember that Kevlar may protect the brain from penetration injuries, but closed head wounds can still occur.

While bleeding occurs with many TBIs, it does not occur with all of them. It is also important to remember that someone who looks unharmed after an impact can still have a traumatic brain injury . It is common for injuries to be overlooked because someone does not appear or act like a brain injury victim. Other people think that mild TBIs are not debilitating; however, even a mild TBI can have lasting physical and social consequences for the victim.

TBIs often do not show up on brain imaging scans, such as CT scans. More advanced neuroimaging scans are often necessary to show the true amount of damage. Recovering from TBI is not always a straightforward process, but many people make the mistake of thinking it will be quick and easy for everyone. Others believe that all TBI patients also have PTSD while many do not. Neuropsychological testing is often helpful to these patients, but many go without testing due to the misconception that it is not helpful. Another common myth is that individuals affected by TBI are unable to work when in truth many of them continue to hold employment.

Victims of brain injury might choose to file for compensation if a negligent person or entity was at fault. A personal injury lawyer may be able to provide assistance with seeking damages for medical expenses and long-term care.

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NHTSA recalls are affecting Georgia motorists

Wed, 27 Jan 2016 08:19:00 GMT

According to data from the National Highway Traffic Safety Administration, over 50 million vehicles were recalled around the country in 2015, with faulty airbag inflators from Takata Corp. being a driving force behind the high number. The last two years have broken records for recalls, and 2015 had even more than 2014 after the 2014 numbers were adjusted when it was discovered that double counting of air bag recalls was taking place.

In 2015 alone, there were more than 900 separate recalls, and the NHTSA expects that more Takata recalls will be made. The agency is focused on getting recalls to be made faster and helping to ensure that repair work is done. About 25 percent of recalled vehicles are never taken in to correct the defects.

A large number of the recalls were made due to an inflator that can cause Takata airbags to expel shrapnel at passengers when they are deployed. About 100 people worldwide have been injured as a result of this defect, and eight people have died. In the United States, these inflators have been the cause of the recall of about 19 million vehicles.

Vehicle defects can either lead to a crash or make a crash worse than it would have been otherwise, especially since people rely on things like airbags to help reduce the chances of being injured, not increase them. A person who has been injured as a result of an automotive defect may want to have the assistance of a personal injury attorney in determining the party or parties that should bear financial responsibility for the losses that have been sustained.

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Raising a child with cerebral palsy

Fri, 15 Jan 2016 08:20:00 GMT

If you have learned your child was born with cerebral palsy, you may be deeply concerned about what the future will hold for your child and your family. Now is a time when you should explore resources available to both you and your child.

You may find a great deal of support from organizations designed to help families affected by this devastating birth injury such as United Cerebral Palsy of Georgia . You may also find it helpful to talk to a lawyer about your legal options.

Cerebral palsy is an injury that is both emotionally and financially devastating. Your family is likely to face significant expenses for:

United Cerebral Palsy of Georgia offers a variety of support services for families, including children services, in-home support and nursing care.

If your child’s injury was caused by medical negligence, then you have the right to seek compensation through our civil justice system to help your child meet the challenges ahead. While the cause of cerebral palsy is not always known, it may be traced to negligence in the labor and delivery process, such as delayed C-section or hypoxia (a brain injury caused by lack of oxygen).

The law firm of Stone Law Group in Atlanta handles complex birth injury cases in Georgia. For a free initial consultation about your legal options for birth injury, call 404-239-0305.

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A bump on the head could lead to a subdural hematoma

Tue, 12 Jan 2016 07:49:00 GMT

Researchers estimate that hundreds of thousands of individuals suffer potentially serious brain injuries each year. What may be surprising to Georgia residents, however, is that in many cases neither the patients nor their doctors know it because a simple bump on the head may lead to a subdural hematoma.

A subdural hematoma is a blood clot between the brain and dura mater, which is the membrane that wraps around and protects the brain. A web of veins connect the dura mater and the surface of the brain.

Those who are most at risk of subdural hematoma injuries are the elderly. As people age, their brains shrink and pull away from the dura mater. The veins continue to hold on, so some of them become more vulnerable and exposed. A simple head bump on the roof of a structure or a head jerk from falling or tripping creates enough power to stretch and tear the veins, according to researchers. The blood oozes from the veins and lays on top of the brain. After days or weeks of pooling, the blood begins irritating the brain cells and can create enough pressure to damage the brain.

This type of injury is unlike the typical blast injury that U.S. troops suffer while fighting in Afghanistan and Iraq, which rattle the brain and cause microscopic damage that may be impossible to discover or identify. It is also unlike the typical football concussion, which causes damage to the electrical wiring in the brain.

When serious brain injuries are the result of someone else’s negligent actions, the victim may want to file a personal injury lawsuit against the at-fault party seeking compensation for the losses that have been incurred. An attorney can be of assistance in this regard.

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FDA orders new applications from pelvic mesh implant makers

Tue, 05 Jan 2016 08:25:00 GMT

Georgia residents expect government regulators to ensure that the medical devices sold in the United States are safe and fit for the purpose intended, but sometimes problems arise even with products that have withstood such scrutiny. One such situation developed with mesh implants that are designed to treat women who have suffered a pelvic collapse, and the makers of these devices were ordered by the FDA on Jan. 4 to submit new applications to demonstrate that their devices are effective and safe.

The regulatory agency took this step after hearing reports that pelvic mesh implants have been known to cause problems including infections and persistent bleeding that can sometimes require several surgical procedures to fully address. While some product safety advocates have applauded this decision, others have pointed out that it comes more than four years after the FDA noticed a higher complication rate among women with vaginal mesh implants compared than those who had received more traditional forms of treatment.

The makers of pelvic mesh implants introduced their products in the 1990s with claims that they would speed up healing times, but regulators say that the devices have so far failed to live up to these statements. Problems with the devices have led to a flood of product liability litigation, and one manufacturer paid $830 million to settle lawsuits in 2014 alone. The FDA has given the makers of pelvic mesh implants 30 months to submit the required paperwork.

Individuals who have suffered injury, loss or damage due to a defective or dangerous product may pursue remedies in civil court, and a personal injury attorney could file litigation on their behalf against the manufacturer involved. When the company that makes the product in question is based overseas, lawsuits could be filed against their American partners or distributors.

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Hidden danger of self-driving cars

Tue, 22 Dec 2015 08:27:00 GMT

While self-driving cars programmed to follow the rules of the road may be safer in theory, Georgia residents may be interested to know that they have twice the accident rate of human drivers. Most of the accidents occur at low speeds and don’t involve serious damage or injury to humans. They are often the result of other motorists who are not used to robotic cars that drive more cautiously than an average person.

One reason cited for the high rate of crashes is the quick reflexes shown by autonomous cars . They can faster when they sense a pedestrian or when coming to a stop at a red light or stop sign. Although there are more crashes involving self-driving vehicles, none of them have been the fault of the robotic cars. However, some have wondered whether or not the cars should be programmed to bend the rules in certain situations like merging onto a busy highway.

In one test, a self-driving Cadillac SRX could not merge onto the highway without help from a human. This was because the car could not determine whether it would have the space to do so safely. Self-driving car makers such as Google reject the notion that cars being too careful is a bad thing. They equate a slow self-driving car with a student driver or a grandmother taking it slow on the road.

An individual who is hurt in a car accident that was caused by another motorist may want to meet with a personal injury attorney to discuss the options that are available. If it can be determined that the other motorist’s negligence was the cause of the injuries, the attorney may suggest the filing of a lawsuit seeking damages from the at-fault party.

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Understanding the different types of brain injury

Thu, 10 Dec 2015 07:51:00 GMT

No brain injury is the same because the different impacts and forces that may be involved. Georgia patients who are dealing with brain injuries may want to learn more so that they can prepare for treatment.

There are five types of traumatic brain injury, which occur with an impact, violent shaking or whiplash. A concussion can damage the cranial nerves and stretch the blood vessels. The injury has the potential to cause functional impairments that may improve with rehabilitation. Diffuse axonal creates tears in the brain nerve tissue, disrupting normal chemical and communication functions. The functions that are affected depend on which nerves are torn. This injury can cause short- or long-term damage, a coma or death. Contusions cause bleeding on the brain. In serious cases, large contusions might be removed through surgery. A coup-countercoup occurs when a contusion is located at both the impact site and on the other side of the brain. Penetrating brain injuries involve objects going through the skin and bones and entering the brain. The injury is called “through-and-through” if the object exits the opposite side of the impact.

There are four types of acquired brain injury, which cause brain damage from degenerative disorders, near drowning, strokes, toxins or tumors. An anoxic anoxia injury happens when the brain does not receive oxygen, an anemic anoxia injury happens with a lack of blood to supply oxygen, and a toxic anoxia injury occurs when metabolites or toxins block the oxygen supply. Hypoxic brain injuries occur when the brain does not receive enough oxygen but receives some. A hypoxic-ischemic, ischemic insult or stagnant hypoxia injury happens when not enough blood flows to the brain because of critically low blood pressure or blood flow.

People who suffer traumatic brain injuries as a result of the negligence of another party, such as in a car accident, may want to meet with a personal injury attorney to determine the options that are available. It may be advisable to seek compensation for the losses that have been sustained by filing a lawsuit against the at-fault party.

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Judge rules punitive damages against GM are possible

Mon, 30 Nov 2015 08:40:00 GMT

Many Georgia motorists were directly impacted by the GM ignition switch problems. The nationwide product recall that followed affected a substantial proportion of the GM owners in the state.

A federal bankruptcy judge has ruled that General Motors, in addition to being liable for damages that resulted from the defective ignition systems in accidents that occurred after the company emerged from its 2009 bankruptcy, may also be sued for punitive damages regardless of when the accident took place. This could result in millions of dollars worth of required payments from the company.

General Motors filed for bankruptcy in 2009, reorganizing the company and attempting to shield it from the liabilities attached to the older version of GM. However, the judge ruled that both knowledge and employees transferred from the old GM to the new GM, so it is possible to demonstrate that the new GM had knowledge of the defects and was greatly irresponsible in failing to repair and replace them. The contention of the plaintiffs is that GM knew about the defects in the starting system as early as 2004 but failed to order a recall until February 2014, and the lawsuits against the corporation include a great number of personal injury and wrongful death cases.

People who have been injured as a result of a dangerous product may want to discuss their situation with a personal injury attorney. Legal counsel can determine in many instances whether the manufacturer was aware of the defect but failed to warn the consumer or take other corrective action in a timely fashion.

Source: NBC News, “Plaintiffs in GM Ignition Switch Cases Can Seek Punitive Damages: Judge” , Associated Press, Nov. 9, 2015

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Cheerleading may lead to head injuries

Tue, 10 Nov 2015 07:52:00 GMT

Georgia cheerleaders and their families may be unaware that cheerleading is one of the more dangerous sports. It is responsible for over half of female athletes’ catastrophic injuries including brain injury, paralysis and death. The American Association of Neurological Surgeons says it is one of the top 20 sports that causes head injuries.

Many people do not realize that cheerleading has become a high-pressure sport that requires a great deal of flexibility and strength from its athletes and long hours of practice. Cheerleaders are most likely to be injured during practice when they are trying new skills. More than one-third of cheerleaders’ injuries are concussions .

While a typical cheerleading routine is only two and a half minutes long, challenges such as tumbling passes and stunts can lead to injury if individuals have not practiced enough. A typical stunt in cheerleading involves a flyer, bases and a back. The flyer is the one who goes up in the air while the bases support the flyer and the back provides stability. Flyers can be injured if they are dropped, and bases can be injured by having the flyer fall on them. Cheerleaders who are injured should listen to their bodies and not be dissuaded by coaches or teammates if they feel they need medical attention.

Although brain injuries are often associated with sports, they can also often result from other causes, such as falls or car accidents. A person who has suffered a brain trauma in an accident caused by the negligence of another party may want to obtain the assistance of a personal injury attorney in seeking compensation from the responsible person or entity for the losses that have been sustained.

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Auto accident fatality rates falling

Wed, 28 Oct 2015 08:42:00 GMT

The safety features found on modern cars in Georgia and around the country are considered by many experts to be largely responsible for recent sharp drops in highway fatality rates. The number of Americans killed on the roads dropped by more than a third between 2011 and 2014, and it is hoped that emerging accident prevention technology will reduce death rates even further in the next few years.

According to data compiled by the Centers for Disease Control and Prevention, Americans had a one in 77 chance of being killed in a fatal crash in 2013. The nation’s roads averaged 10.7 deaths for every 100,000 road users, but there were wide discrepancies between states. Motorists in Montana, Mississippi and Oklahoma had the highest fatality rates on a per capita basis, while drivers in the District of Columbia, Massachusetts and New Jersey had the lowest.

The one in 77 car accident death rate was identical to death by a firearm, but great strides are being made in road and automobile design. Passive safety features like seat belts and energy absorbing crumple zones have made high speed accidents far more survivable, and the National Highway Traffic Safety Administration has reported that 2014 was the safest year on record for highway travel.

The families of those killed in road traffic accidents often struggle to keep up with their financial obligations after a relied-upon paycheck is lost, and they may also be expected to pay for medical treatment and funeral costs. When their loss was caused by the negligent behavior of another motorist, a personal injury attorney may find it advisable to file a wrongful death lawsuit on their behalf seeking compensation from the at-fault party.

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Helmets reduce the risk of severe TBI after an accident

Tue, 13 Oct 2015 07:54:00 GMT

Georgia residents might need to know that researchers at the University of Arizona report that bicyclists who wear helmets are 58 percent less likely than cyclists who do not wear helmets to suffer severe traumatic brain injuries if they are involved in a collision. The researchers analyzed data from the 2012 National Trauma Data Bank of the American College of Surgeons. A co-author of the study says that they wanted to find out if wearing a helmet protects bicyclists from more than just a head bleed if an accident occurs.

They specifically looked at the 6,627 patient records of TBI after bicycle-related accidents and found that slightly more than 25 percent of those patients wore helmets. Of the patients who suffered TBI, those who were wearing helmets were 58 percent less likely to have severe TBI and 59 percent less likely to die. Additionally, they were 26 percent less likely to suffer facial fractures and 61 percent less likely to require a craniotomy, which is an operation that removes part of the skull, exposing the brain.

The researchers reviewed the impact of gender and age on the occurrence of bicycle accidents that resulted in a TBI to determine a pattern with helmet use. Bicyclists between the ages of 10 and 20 were the least likely to wear a helmet, and helmet use increased every 10 years. However, the rate started to decline with cyclists aged 70 and older. Furthermore, male riders are less likely than female riders to wear a helmet.

A TBI is relatively common following bicycle accidents, especially if the accidents involve other vehicles as well. This type of injury could have life-altering consequences for some patients. If someone else’s negligence was the ultimate cause of the brain injury, an attorney for an injured victim might find it advisable to file a personal injury lawsuit seeking compensation for the damages that have been sustained.

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Wrongful death lawsuit filed in Paul Walker accident

Thu, 01 Oct 2015 10:48:00 GMT

Many Georgia residents heard about the death of actor Paul Walker in a car accident on Nov. 30, 2013. He was a passenger in a Porsche being driven by a friend when the car hit a power pole and trees, killing both men. The official cause of the accident was excessive speed. A coroner’s report initially put the speed at 100 mph while a later report by the Los Angeles County’s Sheriff’s Department said the car was going between 80 and 93 mph. However, Walker’s family have hired their own investigators who dispute the official account of the accident, and his daughter has filed a lawsuit against Porsche.

The family’s investigators say that at the time of impact, the car was going 40 to 60 mph when control was lost. The speed limit on the road was 45 mph. The lawsuit says that the Porsche did not have necessary safety features. Those features included an electronic stability system and side door reinforcement bars. The lawsuit also alleges defective fuel lines on the car.

Walker’s daughter says that the accident could have been prevented or would have been survivable with the safety features. Both men were wearing seat belts, and their airbags deployed.

When a family loses a loved one in a car accident, they may wish to file a wrongful death lawsuit against the responsible party. This might be another driver or a company. If a driver is negligent while on the job, the driver’s employer might also be liable. A case may be more straightforward when there is no dispute about the cause of the accident, but a lawsuit can also be filed when the family has evidence that contradicts official reports.

Source: CNN, “ Paul Walker’s daughter sues Porsche over father’s death ,” Ed Payne, Sept. 29, 2015

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Understanding more about pedestrian accidents

Tue, 15 Sep 2015 09:43:00 GMT

Georgia residents might benefit from understanding more about the facts associated with pedestrian accidents, as described by the Federal Highway Administration. According to the FHWA, over 70 percent of all pedestrian fatalities occur at midblock locations. The higher fatality and injury rate realized midblock may be due to motorists traveling at higher speeds while traveling through these areas. Statistics indicate that over 80 percent of pedestrian deaths happen when the vehicle is traveling at least 40 miles per hour.

However, fewer than 10 percent of the pedestrian fatalities occur when the vehicle is moving at 20 miles per hour or less. The FHWA claims that utilizing pedestrian hybrid beacons, otherwise known as high intensity activated crosswalks, can help reduce the rate of pedestrian fatalities and injuries that occur midblock. The apparatuses are equipped with flashing yield lights and a ‘WALK” indicator to help regulate the flow of traffic in these areas.

Officials at the FHWA believe that these hybrid beacons could help reduce pedestrian crashes by almost 70 percent, and the total number of crashes by nearly 30 percent. However, the FHWA states that the use of these beacons should be restricted to areas that have a marked crosswalk available as well. The pedestrian beacons are designed to be implemented on midblocks where the rate of traffic does not allow pedestrians to safely cross the roadway.

A pedestrian with the right of way who is hurt by a motorist may benefit from consulting a personal injury lawyer. Legal counsel can review the accident investigation report and other evidence in order to determine whether the driver was negligent and should thus be held financially responsible for the damages that the injured victim has incurred.

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Study suggests ADHD and brain trauma may be linked

Fri, 04 Sep 2015 07:55:00 GMT

Georgia patients who have suffered a traumatic brain injury in the past may be interested to learn that there may be a link between brain injuries and attention-deficit hyperactivity disorder. The study, which recorded responses from just under 4,000 Ontario residents, was recently published in the Journal of Psychiatric Research.

According to the study, researchers found that 5.9 percent of patients who had suffered a traumatic brain injury had been previously diagnosed with ADHD. A further 6.6 percent went on to obtain a positive self-diagnosis during their interview. Based on the data, researchers recommended that patients who suffer a traumatic brain injury be screened for ADHD.

The disorder is a behavioral one that can make it very difficult for individuals to pay attention. Some experts suggested that traumatic brain injuries can cause changes in the brain that lead to this disorder; others suggested that having ADHD could lead to falls or becoming involved in an accident. Regardless, the Centers for Disease Control and Prevention reported that approximately 11 percent of children between the ages of 4 and 17 have been diagnosed as of 2011 with ADHD; this number has risen since then.

A person who suffers a brain injury in an accident could potentially face serious consequences, including a negative impact on the ability to obtain gainful employment. The financial impact could be exacerbated by ongoing and expensive medical care and treatment. If the accident was caused by another person, the victim may want to speak with a personal injury attorney to discuss the best method of seeking compensation for the damages that have been and will be sustained.

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Brain injury patients need support after hospital discharge

Tue, 18 Aug 2015 07:57:00 GMT

Patients in Georgia who have sustained severe acquired brain injuries face many challenges when they return home after a hospital stay. Families responsible for providing care at home also face challenges. Recently, researchers in Australia conducted a study on the outcomes of young patients that have been released from the hospital after suffering from an ABI.

The study looked at patients and their families over an 18-month period of time from January 2014 to July 2015. Patients in the study had sustained a severe brain injury and visited the hospital to receive short-term care. While studying the experiences and outcomes of the patients and their families, researchers also provided information about the BrainLink Hospital Liaison Project, a resource program for patients that are being discharged from the hospital.

Researchers found that it was common for patients and their families to experience feelings of stress, overburden and isolation while transitioning out of the hospital and into the community. However, families that received vital information, referrals and support services from the Hospital Liaison Project had better outcomes. One of the co-authors of the study said that the research pointed out that there is a need for more post-rehabilitation and housing options for ABI patients.

Many people who suffer from severe brain injuries become permanently disabled and can no longer earn income as they once did. All of the medical and rehabilitative care needs for a brain-injured person can be expensive and result in a huge financial burden for the patient and their family. An attorney may be able to represent a person with a brain trauma that was caused by the negligence of another and help to seek financial compensation from the responsible party.

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Brain injury guidelines don’t correlate with results

Fri, 07 Aug 2015 07:59:00 GMT

Georgia residents may be interested in a recent study that found that compliance with treatment guidelines for brain injury patients does not necessarily lead to better results. Researchers from the Los Angeles Trauma Consortium looked at how closely treatment centers followed the guidelines and compared the rate of compliance with a center’s mortality rate.

The study looked at techniques such as craniotomies as well as intracranial pressure monitoring and discovered that patients received the recommended treatments only about half the time or less. The guidelines suggest that measures such as intracranial monitoring should be used to analyze traumatic brain injuries . However, they do not state how the information provided by the monitoring should be used by the treatment team.

Traumatic brain injuries require complex clinical decision-making, and the study suggests that compliance with the guidelines is not the best indication of quality of care. The study may not apply to patients with less severe brain injuries as only those with the most severe injuries were studied.

Head injuries are common, especially after a car accident or for those who play contact sports such as soccer, football or hockey. While most people will fully recover after a head injury, serious trauma can lead to coma or death. Those who recover may require extensive rehabilitation.

Medical bills for treatment of a head injury can be costly. It may be possible to file a legal claim if the injury was the fault of another person or company. A lawyer experienced in personal injury cases may be able to help a victim file a lawsuit.

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The real reasons for cargo tank rollovers

Wed, 22 Jul 2015 10:34:00 GMT

In Georgia and around the country, the threat of a cargo tank rollover exists. There are some common beliefs about what causes rollovers, but many of them are untrue. Statistics have been compiled by the Federal Motor Carrier Safety Association that explain the reasons that most trucking accidents occur. Knowing why these accidents occur makes it possible to avoid them and their often serious consequences.

. More than 1,300 cargo tank rollovers occur every year around the country. Less than 4 percent of these are caused by night driving, rain, or curvy roads. Most occur during the day, on straight roads, and in dry conditions. Speeding is a factor in only 28 percent of accidents. Distracted truck drivers are a primary cause of cargo truck rollovers. Drowsiness and inattention are common reasons that lead to driving off the road and onto the shoulder or riding over a curb. The condition of the vehicle, such as defective brakes and the load size, are also common factors that contribute to rollovers.

Electronic stability aids can help drivers by alerting them if they turn a curve too quickly, warning of an upcoming sharp curve, or automatically slowing the truck. It has been shown that watching videos about rollover prevention works better than reading about it. The dispatchers and fleet managers influence drivers the most, and they can help to ensure the driver is rested and alert.

If negligent driving causes a cargo truck accident to occur that causes injury to another motorist, an experienced personal injury attorney may be able to help the injured victim. Legal counsel can assist in preparing and filing a lawsuit seeking damages from the responsible party.

Source: FMCSA, “Cargo Tank Rollover” , July 21, 2015

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Living with a spinal cord injury

Fri, 10 Jul 2015 09:55:00 GMT

The spinal cord acts as a sort of highway along which messages are transported to and from the brain to different parts of the human body. If damaged, messages carried via the nerve bundles that comprise the spinal cord aren’t able to transmit past the injury site. Consequently, depending on the location and severity of damage suffered to the spinal cord, an individual will experience partial to full loss of feeling and movement below the injury impact site.

Motor vehicle accidents are among the leading causes of spinal cord injuries. Damage suffered to the spinal cord is permanent and for those individuals both directly and indirectly impacted, the resulting physical, emotional and financial hardships can be difficult to accept and bear.

According to the Christopher & Dana Reeve Foundation, depending on an individual’s age and type of paralysis, lifetime costs associated with a spinal cord injury can range from roughly $1 to $4.5 million dollars. These costs include both immediate and ongoing medical care, rehabilitative care, mobility-related equipment, housing modifications and assisted nursing care.

In addition to suffering the loss of movement and function of one’s legs and, in the case of a quadriplegic, arms; many individuals who suffer spinal cord injuries also develop secondary health and medical conditions and problems. For example, both bladder and bowel functioning are likely to be effected as may one’s ability to be intimate with a spouse or significant other.

Injuries that impact the spinal cord are among the most serious and life-altering of all injuries. For individuals who suffered a spinal cord injury due to the possible negligence of another driver, compensation may be awarded to account for medical expenses, disability and loss of income.

Source: WebMD, “Spinal Cord Injuries Directory,” July 9, 2015

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Was negligence a factor in a loved one’s death?

Thu, 09 Jul 2015 10:51:00 GMT

The death of a spouse, child or other family member is often a difficult reality with which to cope. In cases where a loved one’s death occurred under questionable circumstances or resulted due to another individual’s actions; surviving family members may decide to take legal action.

A wrongful death lawsuit may be filed in cases where a family member believes that negligence caused or contributed to the death of a loved one. For example, a parent may choose to file a wrongful death lawsuit against a drunk driver who was behind the wheel of the vehicle that crashed into and killed a child. Wrongful death claims may also be filed in cases involving alleged criminal behavior, medical malpractice and workplace accidents.

When seeking compensation after a loved one’s death; factors related to financial loss, pain and suffering of a loved one and punitive damages may be awarded. The process through which these factors are assessed and determined can be extremely complex and are influenced by factors including a decedent’s age, occupation, number of surviving dependents and manner of death.

Wrongful death cases are highly complex and emotional. It’s important, therefore, to consult with an attorney who can provide advice and who will represent the best interests of surviving family members. Laws related to wrongful death claims, statute of limitations and survival actions vary from state to state. Atlanta area residents who believe that negligence played a role in causing or contributing to a loved one’s death, may choose to consult with an attorney who can help determine if legal action is warranted.

Source: Findlaw.com, “Wrongful Death Overview,” June 12, 2015

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PTSD after a motor vehicle accident

Thu, 09 Jul 2015 10:36:00 GMT

When discussing motor vehicle accidents and the resulting injuries, we tend to focus on some of the more common types of physical injuries like those to the head, neck and back. Less discussed, however, are the emotional and mental injuries that you can’t see that may result from a traumatic brain injury or from trauma.

In recent years, information about the medical condition known as post-traumatic stress disorder has come to light as a significant percentage of returning U.S. veterans have been diagnosed with PTSD. It’s important to note, however, that individuals who have been involved in a motor vehicle accident may also struggle to cope with the negative side-effects of PTSD .

Annually, an estimated six million people in the U.S. are involved in traffic accidents. For some of these individuals, the trauma experienced in the immediate wake of and weeks following an accident will lead to the development of PTSD. While many people who are involved or injured in car accidents experience some symptoms that are commonly associated with the medical condition, PTSD symptoms are much more pronounced and pervasive.

The following are some symptoms that are common among PTSD sufferers and that can greatly interfere with an individual’s relationships, ability to work and ability to enjoy life.

If left untreated, the symptoms of PTSD often intensify and worsen over time. It’s critical, therefore, that motor vehicle accident survivors who exhibit these types of worrisome behaviors seek professional help.

Source: Family Doctor, “Post-traumatic Stress Disorder | Post-traumatic Stress After a Traffic Accident,” June 26, 2015

Mayo Clinic, “Post-traumatic stress disorder (PTSD),” June 26, 2015

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AT&T study reveals that cellphone use among drivers is worse than we thought

Thu, 09 Jul 2015 09:46:00 GMT

The dangers associated with cellphone use while driving have been well documented. However, anti-texting laws and numerous public safety and educational campaigns appear to be widely ineffective in stopping drivers from using cellphones as a recent study by the National Safety Council estimates that “a minimum of 27 percent of crashes involve drivers talking and texting on cellphones.”

It’s been five years since the mobile provider AT&T launched it’s It Can Wait campaign. Since that time, the company has run public safety campaigns and reports that more than 6.5 million people have pledged “not to text and drive.” However, a recent AT&T study raises doubts about the effectiveness of campaigns like It Can Wait.

In a survey of 2,076 smartphone users ages 16 to 65, 61 percent admitted to texting while driving. The survey’s findings also reveal that smartphone users regularly engage with their mobile devices in other distracting and dangerous ways with 33 percent reporting emailing and 28 percent surfing the net.

A disturbing percentage of drivers also report using social media while driving with 27 percent using Facebook and 14 percent Twitter. An additional 17 percent of respondents have also snapped selfies while driving and 12 percent shot videos. Of those drivers who say they use social media while driving, 22 percent said they were addicted to using sites like Facebook, Twitter and Instagram.

The results of this most-recent AT&T study are both revealing and disturbing and provide convincing evidence that current education and enforcement efforts to stop cellphone use among drivers aren’t working . Georgia drivers who choose to text while driving, Tweet or take a selfie are not only endangering their own lives, but also those of other drivers and passengers. In cases where these individuals cause or are involved in accidents, legal action may be taken by those who are injured to recover damages.

Source: AT&T.com, “Smartphone Use While Driving Grows Beyond Texting to Social Media, Web Surfing, Selfies, Video Chatting,” May 19, 2015

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Spinal cord injuries among the most debilitating of injuries

Wed, 13 May 2015 09:58:00 GMT

Imagine never being able to walk again, having trouble breathing on one’s own and forever relying on a wheelchair and the assistance of others to accomplish even basic everyday tasks. For individuals who suffer spinal cord injuries, their lives and those of family members are forever changed.

A spinal cord injury is one of the most serious and debilitating of all injuries . According to National Spinal Cord Injury Statistical Center in the U.S., falls and motor vehicle accidents account for approximately 68 percent of all spinal cord injuries. Individuals who suffer a spinal cord injury experience a range of adverse symptoms including extreme pain, loss of feeling and function, difficulty breathing, reduced functioning of internal organs and incontinence.

Injuries suffered to the spinal cord are permanent and individuals who suffer such injuries must adjust to and cope with many physical, personal and lifestyle changes. Depending on the location and severity of the injury, an individual may need to rely upon a wheelchair and individuals who suffer this type of injury frequently require assistance with basic care needs.

Annually in the U.S., an estimated 12,000 people survive suffering spinal cord injuries. The majority of those individuals impacted are typically young adult males. Statistical data from 2012 shows that, for a 20-year-old male, the lifetime costs associated with a spinal cord injury can range from approximately $1.5 million to more than $4.5 million.

Given the many and significant physical and life changes that result from a spinal cord injury, the true costs are nearly impossible to calculate. In cases where an individual’s injury stems from a motor vehicle accident, work injury or fall; a lawsuit may help in the recovery of compensation to assist in providing for one’s future long-term care needs.

Source: U.S. National Library of Medicine, “Spinal Cord Injuries,” May 12, 2015

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Why the trucking industry needs speed limiters

Fri, 01 May 2015 10:38:00 GMT

Imagine driving along I-285 at 65 MPH and suddenly coming upon stopped traffic. In this type of scenario, even a driver with quick reflexes is likely to experience difficulty slowing down and stopping in time to avoid a collision. Now imagine that the driver in this scenario is behind the wheel of a 40 ton tractor-trailer truck.

Anyone who has ever witnessed the aftermath of a commercial truck accident understands the devastation and serious injuries that often result. Due to their large size and significant weight, it takes considerably longer for a commercial truck to slow down or come to a complete stop than a regular car.

For example, research shows that a car traveling at 65 MPH takes approximately 316 feet after braking to come to a complete stop. In comparison, a commercial truck traveling at this same speed travels an average of 525 feet, or nearly the length of two football fields, before coming to a complete stop.

The American Trucking Association reports that 18 percent of fatal truck accidents where truck drivers are at fault, are linked to speeding. It was statistics like this that, in 2006, prompted the ATA to recommend mandating the use of speed limiters in the commercial trucking industry to prevent trucks from traveling in excess of 65 MPH.

Five years after the ATA’s initial recommendation, federal highway safety agencies, including the National Highway Traffic Safety Administration and the Federal Motor Carrier Safety Administration, agreed to “move ahead with the mandate.” That was in 2011 and, to date; no speed limiter mandate for the trucking industry has been passed or enacted.

In fact, today speed limits in many states exceed 65 MPH and five states now have speed limits of 80 MPH. While it can be argued whether 80 MPH is a safe speed for any vehicle to travel at, given the length of time needed to slow or stop, this speed seems particularly dangerous for commercial trucks.

Georgia residents who have been injured or who have had a loved one injured or killed in a truck accident in which a truck driver was speeding, would be wise to discuss their case with an attorney. While the ATA has renewed its efforts to push for commercial truck speed limiter law, the federal government has failed to respond with support.

Source: DC Velocity, “Trucking group renews call for national speed limit for trucks,” April 21, 2015

Utah Department of Transportation, “Trucks Need More Time To Stop,” April 31, 2015

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Tips to avoid becoming a truck accident statistic

Tue, 31 Mar 2015 10:40:00 GMT

Atlanta area residents have likely seen news footage of or read about commercial truck accidents in which someone was seriously injured or killed. In the vast majority of these accidents, drivers or passengers of personal vehicles are the unfortunate victims whose lives are claimed or irrevocably and adversely changed.

According to the American Trucking Associations, across the United States, there are an estimated 3 million commercial trucks in operation. These trucks and the millions of drivers who are trained and hired to operate them, are responsible for transporting roughly 9.2 billion tons of goods across the U.S.

There’s no doubt that the commercial trucking industry plays a vital role in the U.S. economy. There’s also no doubt, however, that these trucks can be extremely dangerous if not properly maintained or handled. The National Highway Traffic Safety Administration reports that, during 2012 alone, more than 3,900 people died in accidents involving large commercial trucks. While some truck accidents are unavoidable, there are measures that drivers of personal vehicles can take to protect against causing or being involved in a truck accident.

Some drivers fail to fully recognize the many driving challenges that commercial truck drivers face when sharing the road with other motorists. The view from and handling abilities of a commercial truck are very different from those of a car or personal truck. For example, while all drivers have blind spots, a truck driver’s blind spots cover a much greater surface area and include zones behind, in front of and to both sides of a vehicle.

Additionally, due to its size and weight, a commercial truck takes much longer to slow down or come to a stop. Therefore, in cases where a driver cuts in front of a truck and slams on the brakes, a serious rear-end accident is likely to result. Trucks also don’t have the same type of maneuvering ability as smaller vehicles. As a result, drivers would be wise to exercise patience and caution when a truck is changing lanes or attempting to make a turn.

There are also many cases in which truck drivers are negligent in causing or contributing to accidents. For individuals who suffer harm or injury due to a truck driver’s failure to properly maintain a vehicle or follow traffic laws, it’s wise to explore one’s legal options.

Source: FindLaw.com, “Common Causes of Truck Accidents,” March 31, 2015

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For brain injury victims, every day presents new challenges

Tue, 17 Mar 2015 08:00:00 GMT

The human brain is amazingly complex and acts as the control center for nearly every bodily process and function. In cases where an individual suffers a blow to the head where brain damage is suffered, the resulting effects can be significant and devastating.

According to the Centers for Disease Control and Prevention, roughly 14 percent of all traumatic brain injuries stem from involvement in motor vehicle crashes. Car and truck accidents are among the top three causes of TBIs and, for those individuals directly impacted, life is often never the same.

In the wake of a motor vehicle accident, adverse symptoms related to a TBI may be immediately obvious or may take days or even weeks to manifest. Some common symptoms include dizziness, nausea, fatigue, confusion, seizures and headaches. Individuals who report experiencing these symptoms will need to undergo additional medical imaging tests to determine the exact location and severity of the brain damage.

Based on these factors, an individual may experience cognitive and physiological side effects including vision problems, memory loss, difficulty concentrating, mood changes, depression, anxiety, loss of smell, speech impairments, sensitivity to sound or light and a range of other sensory and cognitive problems. While rehabilitative treatments may be somewhat effective in restoring functioning, brain damage is permanent and therefore many TBI victims continue to suffer these types of adverse side effects for the rest of their lives.

In cases where an individual’s TBI resulted from a car or truck accident in which another driver’s negligence is in question, it’s wise to seek legal advice. The personal and financial costs of a brain injury are significant and individuals and family members may be able to recover compensation.

Source: Mayo Clinic, “Traumatic brain injury,” March 17, 2015

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Do you know what to do after a car accident?

Fri, 06 Mar 2015 09:49:00 GMT

It’s difficult to plan for the unexpected and a motor vehicle accident can happen any time an individual gets into a vehicle. When facing the grim realities like painful injuries, costly medical bills and lost wages that often result from involvement in a car accident; it’s important to understand one’s rights and options.

In cases where an individual’s injuries are the result of an accident caused by another driver’s negligent acts, it’s wise to seek legal advice. It’s also important to know what actions one should take after an accident as failing to take certain actions can impact an individual’s ability to recover compensation.

In the immediate wake of an accident, it’s important to ensure for the health and safety of all involved parties. It’s also important to remain at the accident scene, call the police and exchange insurance information with all involved drivers. Once the police arrive, an officer will interview the involved parties and any witnesses, issue appropriate citations and complete an official accident report.

In cases where an individual is suffering apparent injuries, it’s wise to seek immediate medical care and to keep detailed notes about one’s injuries and related costs. It’s also important to contact one’s insurance company and report the accident. When discussing the accident and what happened with one’s own insurance agent, individuals are advised to be honest and to provide detailed information.

In cases where an individual suffers injuries, the personal and financial costs are often significant and an individual’s life is adversely impacted in numerous ways. For these reasons, one may choose to discuss their case with an attorney who handles personal injury matters and who can assess whether or not legal action may be warranted.

Source: FindLaw.com, “Motor Vehicle Accidents: First Steps,” March 3, 2015

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