Articles Tagged with personal injury

Rear-end accidents happen all the time, and they can be a pain in the neck, often quite literally. Whiplash, a neck injury caused by rapid movement of the neck back and forth, resembling the cracking of a whip, is a common result of being in a vehicle that is struck from behind. Whiplash is bad enough, but rear-end accidents can cause any number of other injuries, as well, particularly at high speeds. Such accidents are, unfortunately, fairly common. In fact, rear-end crashes happen more often than any other kind of traffic collision. Nearly 30% of all traffic accidents involve a rear-end collision, leading to a considerable number of injuries and deaths every year. In fact, reports indicate that there are about 1.7 million rear-end traffic accidents per year, resulting in about 1,700 fatalities and another 500,000 injuries.

Drivers Usually are the Cause of Rear-End Collisions

When one vehicle strikes another vehicle from behind, the odds are pretty good that the driver of the vehicle hitting the vehicle from the rear has messed up and is at fault. It is not always true, but it is a pretty good bet. Tailgating contributes to more than a third of all traffic collisions, making it an obvious cause of the majority of all rear-end collisions. In a more general sense, federal statistics blame 87% of rear-end accidents on drivers simply not paying attention to traffic and what is in front of them. Other sources identify more specific causes, but many seem to be rooted in driver inattention or error, including:

Americans love putting a boat in the water, and Georgians are no different. Whether it is on lakes, rivers, or the ocean, when good weather rolls around, you can look forward to thousands of Americans heading for their favorite body of water to have a little fun. There were nearly 12 million recreational boats registered in the U.S. in 2019, including jet skis and other personal watercraft. More than 331,000 of those were in Georgia, putting the state 11th in the nation for the largest number of registered boats. Boating is popular wherever there is enough water to float a boat, and Georgia has lakes, rivers, and ocean coastline that provide ample opportunity to take to the water.

Boating Has a Downside

As much fun as boating can be, it carries risks. Thousands of boating accidents happen each year, resulting in thousands of injuries and hundreds of deaths. The Coast Guard recorded 4,168 recreational boating accidents in 2019, with 613 fatalities and 2,559 injuries, in addition to roughly $55 million in property damage. There were 109 boating accidents in Georgia in 2019, with 23 deaths and 57 injuries, according to the Coast Guard. Those numbers probably far underestimate the actual number of accidents, as not all boating accidents must be reported to the Coast Guard, meaning the service’s statistics on boating accidents are not comprehensive. 

Causation is a key element of any personal injury claim. What do we mean by that? Basically, if you are in a car accident and later sue the other driver for damages, it is not enough to show that person’s negligence led to the accident. You also need to show that the accident was the “proximate cause” of any physical, mental, or monetary loss that you suffered. Absent such proof causation, there is no viable personal injury claim.

Coleman v. State Farm Mutual Automobile Insurance Company

As a general rule, you do not need expert evidence, such as testimony from your doctor, to prove causation. As with every rule, there are exceptions. For instance, if your personal injury claim involves a “medical question” that requires specialized medical knowledge–i.e., something the average juror could not understand without some sort of guidance from a trained professional in that specialty–then the court will require such evidence before allowing a case to proceed.

In Georgia, there is normally a two-year statute of limitations for personal injury claims. So for instance, if you were injured in a car accident that took place on March 1, 2018, you would have until March 1, 2020, to sue the negligent driver. If you tried to sue after the statute of limitations expired, a court would be required to dismiss your case, regardless of the merits.

Now, Georgia law also “tolls” or stops the two-year clock when the personal injury claim arises from a criminal act (as opposed to mere negligence). This tolling period lasts from the date of the criminal act “until the prosecution of such crime or act has become final or otherwise terminated.” However, this tolling period typically cannot exceed six years.

Department of Public Safety v. Ragsdale

The dangers of asbestos have now been known for decades. Any exposure to asbestos fibers can lead to the development of mesothelioma, a deadly form of lung cancer, and other illnesses. In many cases, asbestos-related illnesses do not manifest symptoms until decades after the exposure.

Davis v. John Crane, Inc.

The Georgia Court of Appeals recently issued a decision in what is just the latest in a series of asbestos-related personal injury lawsuits. In Davis v. John Crane, Inc., the Court addressed a pair of related claims arising from the death of John F. Davis, a former worker at a fiberboard mill owned by Louisiana Pacific Corporation. As part of his job, David routinely “swept up dust and debris around the mill and assisted in the removal of gaskets on the mill’s boilers,” according to court records. This exposed Davis to a number of asbestos-containing parts.

Each year, many Georgians celebrate the 4th of July by purchasing and setting off their own fireworks despite the known safety risks. Unfortunately, this can lead to tragic outcomes. Not only is there is the potential for something to go wrong when setting off fireworks in an unsupervised environment–the mere act of transporting them can pose a risk to life and limb as well.

Pisciotti v. Abney

A recent lawsuit filed in Valdosta, Georgia federal court, Pisciotti v. Abney, offers just one example of what can go wrong. This case involves an accident that occurred on the 4th of July in 2017. Four teenagers were traveling in a Jeep through Hamilton County, Florida. The driver is one of the defendants in this case, while the victim was one of his passengers.

Insurance companies and corporate defendants often try to deny a legitimate personal injury claim. It is one thing to litigate a case in court. But it is quite another when a defendant raises arguments it knows to be frivolous.

For this reason, Georgia law allows successful personal injury plaintiffs to ask for a determination of whether or not the defense “presented a frivolous claim or defense.” This requires the court to hold a “bifurcated” or two-part hearing. In the first part, the “trier of fact,” which is typically a jury in personal injury lawsuits, decides if the challenged defense was in fact frivolous. If the answer is “yes,” then the trier of fact must then assess an appropriate award of damages to the plaintiff, which may include attorney’s fees and litigation expenses.

Showan v. Pressdee

The term “hazing” is used to broadly describe a wide range of social rituals designed to humiliate or embarrass the subject. Sometimes hazing is nothing more than a silly prank. But when it involves physical or sexual abuse of any kind, that crosses a line–and the victims have the right to seek damages via a personal injury lawsuit.

L.A. v. Riverside Military Academy

Hazing has been in the news recently here in Georgia due to a lawsuit filed against Riverside Military Academy in Gainesville. The lawsuit was filed in Georgia federal court on November 15, 2018. The plaintiff is identified only by the initials “L.A.” According to the complaint, the now-18-year-old L.A. attended Riverside when he was between the ages of 12 and 13. The lawsuit was filed in federal court because L.A. currently lives in Chicago.

Personal injury litigation often takes a long time to resolve. In many cases, the victims and their families need to wait years before seeing a dime from their claims. This can impose a substantial financial hardship, especially if you are an accident victim unable to return to work and earn a living due your injuries.

For this reason, there are many companies that now offer litigation financing. Basically, a third party advances funds to the plaintiff to help them pay personal expenses while the case is pending. If the plaintiff is successful, the plaintiff repays the funds to the third party, together with any previously agreed upon interest and fees. If the plaintiff recovers nothing from the case, they owe the financing company nothing.

Ruth v. Cherokee Funding, LLC

There are a number of situations in which an individual or business may be held liable for a personal injury caused by someone else. Two of the more common ones involve the legal concepts of respondeat superior and premises liability. The first, respondeat superior, refers to cases in which an employee commits a tort in the course of carrying out the employer’s business. The second, premises liability, means a property owner had superior knowledge of a safety hazard that caused an injury to a person lawfully on the premises.

Manners v. 5 Star Lodge and Stables, LLC

Neither of these rules means a business is automatically liable for an accident just because it involves one of its employees or occurs on its land. Here is an example taken from a recent Georgia Court of Appeals decision. In this case, a woman was accidentally shot while on the premises of a lodge. The Court of Appeals, upholding an earlier ruling by a trial judge, held that the lodge was not legally responsible for the plaintiff’s shooting or injuries.

Contact Information