The prosecution of a car accident can best be explained in the following manner: an existing duty, a breach of that duty, and resulting damages. In Georgia, a driver has a duty to operate a vehicle according to the rules of the road. For example, a driver should not follow too closely behind another vehicle. That is a legal duty of a motorist under O.C.G.A. 40-6-49. For example, when a driver breaches this duty by following too closely, a rear end collision occurs. The collision causes two types of damages: bodily injury and property damage (and perhaps diminished value to the car). To prove that the other driver was negligent, we must show the insurance company and the jury that the other driver had a duty to operate the car safely, breached that duty, and caused irreparable harm and damage to another.
Examples of other rules of the road include: obeying a traffic control light (failure results in T-bone or other collisions); yielding the right of way to other drivers when entering an intersection (failure results in T-bone, head-on or other collisions); backing up safely (failure results in T-bone collisions or side swipes); operating a vehicle while not under the influence of drugs or alcohol (failure can cause different types of serious collisions); traveling under the speed limit (can result in high impact collisions with great force to both vehicles); and making proper and safe lane changes (failure can result in side swipe or side impact wrecks).
Our injured clients typically seek treatment at the hospital, medical clinic or chiropractic clinic. In some cases, clients need specialized diagnostic tests, including magnetic resonance images (MRI) and CT scans to accurately depict and diagnose their injuries. Some injuries are characterized as soft-tissue which typically means that no bones have been broken and the injury is to the muscle or joint. Other injuries include fractured bones. Some injuries, though considered soft tissue, are to the spine, including the neck or back and show up on MRI as a bulge, protrusion or herniation. These types of injuries can be long lasting and cause pain and suffering for an extended period of time.
Some of our injured clients require specialized care for their injuries that could include (but are not limited to) pain management, orthopedic surgery, neurology and seeing a psychologist. Pain management doctors are able to provide epidural steroid/facet joint injections or radiofrequency ablation treatment (burning of the nerves) in the neck, mid-back or low back to minimize or eliminate pain. Orthopedic surgeons are able to perform surgeries to: 1) prevent movement of damaged discs in the spine; 2) decompress and free a damaged nerve root in the spine; and 3) cut, trim and/or repair ligaments, cartilage, and tendons in all areas of the body including knees, arms, shoulders, feet, hands, and elbows. Neurologists can perform tests and treat nerve, head, upper extremity, and lower extremity injuries. And, psychologists can help diagnose and treat post-traumatic stress disorder and associated psychological disorders.
Kevin C. Ford has been working diligently and responsibly in the practice area of car crashes/auto collisions on behalf of injured victims for over 25 years. Kevin C. Ford is an experienced personal injury attorney that can help you should you be injured or harmed by the fault of another driver.
Dog bite cases in Georgia occupy a unique niche in personal injury litigation. Not only has it become easier to prosecute dog bite cases due to changes in the law but also juries are also quick to understand and calculate damages and human losses from a dog bite. These cases are not complex. However, such cases need to be presented to the jury by an experienced lawyer for a successful outcome. Securing evidence related to the past behavior of the dog and the background and knowledge of the owner (as to the dog) is crucial. And, presenting evidence of past, present and future injuries and pain and suffering of the victim is paramount.
The negligence of a health care provider or medical professional can lead to damages permanent injury and even death. Such negligence typically occurs when the provider/doctor fail to meet the standard of care due to their patient. Examples of medical malpractice include without limitation the following: misdiagnosis; failure to diagnose a condition; misread of lab results; botched surgery or surgery performed at the wrong site; failure to properly order tests; failure to perform a differential diagnosis and failure to notate symptoms. In Georgia, any lawsuit alleging medical malpractice must be accompanied with an affidavit from an expert witness that will testify as to the validity of the suit and the negligence of the health care provider.
Nursing home and assisted living facilities are required to provide a certain level of care to their patients or residents. Some jurisdictions mandate the level of care by medical standards and/or nursing home standards. Examples of nursing home negligence include without limitation the following: fractured arms or legs; sores; falls that create injuries; ulcers; dehydration; malnutrition; physical abuse; mental abuse; financial abuse; sexual abuse and neglect. When a resident or patient sustains injury (physical or mental), damages or death due to the failure of care, intentional action and/or supervision of the nursing home staff, then such resident/patient (or family) should contact an experienced lawyer immediately to rectify the wrong, repair what can be repaired and fix what can be fixed.
The term "premises" includes unimproved property (land) and improved property (including without limitation buildings/homes/offices/apartments/RV homes/parks). In Georgia, the owner or possessor of the premises owes a duty of care to a person that is an invitee, licensee and/or trespasser. The failure of such duty leads to a premises liability injury or damage. Examples of premises liability include without limitation the following: slips on wet floors; trips on uneven pavement/floor/carpet; falls on property; inadequate lighting indoors/outdoors; negligent security; assault/battery/rape on premises; falling objects; inadequate security on premises and defects in chairs/tables/benches.
Social Security disability benefits (SSDI) are funded by the FICA tax paid by employers and employees. Potential claimants must first apply for SSDI. If the claimant is turned down after initial application, then claimant should hire an experienced lawyer to present his/her case to the judge at the hearing. On some occasions, the decision of the administrative law judge can be appealed. Examples of disorders for which persons seek disability benefits including the following without limitation: cancer (head, neck, etc.); hematological (sickle cell anemia, bone marrow failure, etc.); mental (bipolar, depression, schizophrenia, etc.); neurological (epilepsy, benign brain tumor, etc.); cardiovascular (heart failure, aneurysm, etc.); musculoskeletal (fractures, spine disorder, amputation, etc.); respiratory (cystic fibrosis, asthma, etc.) and digestive (liver damage, inflammatory bowel disease, etc.).
Tractor-trailer accidents are becoming common on the roads and highways of Georgia. Federal truck regulations regulate the travel of trucks that travel interstate. Regulations encompass and attempt to prevent among other areas, driver fatigue, collisions, negligent hiring, negligent supervision, negligent training, defective equipment and improper loading. Truck collisions are factually specific and require special knowledge of the trucking industry and the regulations. Care must be taken to immediately document and preserve all possible evidence. Injuries from truck crashes can result in death and serious and permanent injuries.
The State Board of Workers Compensation is headquartered in downtown Atlanta and regulates the workers' compensation system. When a worker is injured, he/she must generally treat with doctors from the posted panel of physicians that been posted by the employer on the job site. Employees may be eligible for certain benefits including income checks, medical treatment, rehabilitation services and catastrophic benefits, among others. It is important that the injured worker or his/her lawyer file a notice of claim immediately after the accident to preserve your rights.
Wrongful death occurs from a negligent or intentional act of a third party. The surviving family members of the deceased may file a suit for compensation. Examples of wrongful death include the following without limitation: murder; product malfunction; plane crash; medical malpractice; premise liability; nursing home negligence; intentional infliction of emotional distress; car/truck collision; dog attack and prescription drugs. Wrongful death cases can be complex and filled with numerous parties, evidentiary issues, issues pertaining to proximate causation of death, anger and emotional distress.