Personal Injury

Published on: May 26, 2011

New Georgia Law Designed to reduce the number of Bicycle Accidents and Motorcycle Accidents

With increasing gas prices and unrelenting traffic congestion plaguing the state, many Georgians are finding it’s more economically savvy (and healthy, besides) to travel by bicycle or motorcycle in lieu of automobile. Unfortunately, this trend towards cycling is also resulting in an increased number of accidents involving cyclists and their impatient motorist counterparts. In fact, according to the Georgia Office of Highway Safety, in 2008, 12 percent of the people killed in motor vehicle crashes in Georgia were motorcycle drivers — the highest motorcycle fatality count within 15 years. As an Atlanta injury lawyer, I know that this number is only the tip of the iceberg since a significant number of serious injuries result from motorcycle accidents every year.

This is a growing problem in Georgia, where in 2008 motorcycle driver deaths has increased by 59 percent since 2004. As a remedy, Governor Nathan Deal signed into law last week a bill aimed to protect them, while simultaneously granting respite to sympathetic drivers who nevertheless feel a modicum of nervousness when inching by a motorcycle or bicycle.

House Bill 101 requires drivers to give cyclists at least 3 feet of space. Before last week, motorists had only to maintain an arguably ambiguous “safe distance” when passing. Now, those same motorists will have to actually cross the yellow line to comply with the law.

Published on: May 14, 2011

Increase in Cost of Dog bite Claims due To Higher Dog Bite Lawsuit Verdicts

by Robert N. Katz, Esq.

New information by the Insurance Information Institute suggests that there has been an increase in the cost of dog bite claims over the past year.The average dog bite claim cost insurers about 5% more in 2010 compared to 2009. Dog bites often result in extremely serious personal injuries. Our office has handled a significant number of dog bite cases in the last 20 years. The injuries from these matters appear to be becoming more and more severe. This may be as a result of more individuals owning dogs for protection or certain breeds that are more likely to attack persons. As an Atlanta injury lawyer, I strongly support the need for obedience training for dogs when they are puppies. I believe this would greatly reduce the number of overall attacks.

The analysis of homeowners’ insurance data by the Insurance Information Institute found that the average cost of dog bite claims in the United States in 2010 was $26,166.That’s an increase of 5.3% from $24,840 in 2009. The cost of dog bite claims increased a staggering 37% between 2003 and 2010.

There was a drop in the number of dog bite claims being filed.These dropped 4.9% from 16,586 claims in 2009 to 15,770 claims in 2010.

Published on: May 13, 2011

Nursing Home Residents At Risk from Overmedication

by Robert N. Katz, Esq.

A report by the Department of Health and Human Services finds that a shocking 80% of elderly nursing home residents in the country have been administered antipsychotic medications, for off-label purposes.Because these medications have a high risk of deaths, it is statistically likely that some of the patients died as a result of the use of these medications. The off-label use of these medications raises the likelihood of claims for nursing home abuse, medical malpractice and product liability. Atlanta injury attorneys will need to closely monitor the developments in this area and will likely get calls from families of patients who were treated with these medications.

According to the report, out of 300,000 nursing home residents studied in 2007, approximately 90% received powerful anti-psychotic medications that are typically used for the treatment of schizophrenia and bipolar disorder.There are studies to prove that elderly persons who receive antipsychotic medications can be at a high risk of death.In spite of this, these vulnerable persons were overmedicated, and there is no reason to believe that things have changed dramatically between 2007 and now.

Moreover, it seems highly likely that the pharmaceutical industry has been behind this overmedication of nursing home residents.One of the ways in which pharmaceutical companies increase their profits is by promoting off-label uses of their drugs.An off-label use of a drug is one which has not been approved by the Food and Drug Administration.Doctors can prescribe a drug for off-label uses, but a company is not allowed to market the drug for these purposes.

Published on: May 7, 2011

More Atlanta Truck Drivers Buckle up To Prevent Injuries in Truck Accidents

by Robert N. Katz, Esq.

Seatbelts save lives, and as new estimates indicate, the number of commercial truck drivers choosing to buckle up to prevent serious injuries or deaths in truck accidents, has increased.According to a study by the Federal Motor Carrier Safety Administration, the number of commercial truck drivers wearing seat belts has increased substantially in 2010.As an Atlanta injury lawyer, I have represented a number of truck drivers involved in accidents with other truck drivers. I have consistently found that the truck drivers who have been in their seatbelts sustained far less serious injuries than the truckers who were not wearing seatbelts.

Seatbelt usage among commercial truck drivers increased to 78% in 2010 from 74% the previous year.That is the fourth consecutive annual increase in seat belt usage in this section of the population.According to the Federal Motor Carrier Safety Administration, approximately 80% of commercial truck drivers in states that have primary seat belt laws wore seatbelts.However, in states which do not have primary seat belt laws, the seat belt usage rate among commercial truck drivers dropped to only 72%.

The FMCSA is also reporting an increase in seat belt usage rates among both commercial truck and bus drivers in 2010.Those rates were 78% in 2010, compared to just 65% in 2007.

Published on: May 2, 2011

Rotator Cuff Injuries Are a Frequent Result of Slip and Fall Accidents

by Robert N. Katz, Esq.

Rotator cuff injuries often occur as a result of slip and fall accidents, or because of repetitive stress or strain over a period of time.A severe rotator cuff injury can leave a person in constant pain and with difficulty in shoulder movement.Now, a new experimental surgery is offering a ray of hope for people who suffer from these debilitating injuries. Injury attorneys in Atlanta and elsewhere welcome any surgery that is helpful with this injury.

In the case of moderate rotator cuff tears, there are surgeries that can help.However, in the case of severe rotator cuff injuries, surgical options are fairly limited.Typically, physical therapy is used to treat such injuries.Besides, doctors may also prescribe steroid injections or minor surgery.However, these treatments may have a limited effect, and over a period of time, rotator cuff injuries may lead to arthritis.In fact, in severe cases, the person may need partial or total shoulder replacement.Now Dr. Spero Karas, who also happens to be the associate professor of orthopedics at Emory Healthcare Sports Medicine in Atlanta, Georgia, is using a new procedure that can help fix serious injuries to the rotator cuff.

The surgery involves using a surgically placed cadaver tissue graft to replace and reattach the injured tendon.So far, studies have indicated that the experiment with this graft-to-bone technique is very effective in treating defective tendons and repairing the injury.Some patients who have had the surgery performed on them have been able to go back to their normal routine activities, including golf. However, this procedure will not work for all rotator cuff tears.

Published on: May 1, 2011

Study Finds Antidepressants Help Repair Brain Cells, Heal Brain Injury

by Robert N. Katz, Esq.

Traumatic brain injuries are some of the most devastating injuries that Atlanta auto accident lawyers see.These serious injuries can also be seen as a result of a slip and fall accident when a person sustains impact to the head.What makes these injuries even more devastating is that there is no complete cure for traumatic brain injury.All doctors can do is administer emergency treatment as quickly as possible.A new study indicates that the use of antidepressants can help increase brain cells, thereby helping treat an injury.The researchers believe that if a patient is administered antidepressant therapy right after a traumatic brain injury, in addition to all other kinds of therapies, it could help foster the survival of healthy brain cells after an injury.

The use of antidepressants in the treatment of brain injury is not exactly new.In fact, most patients who suffer from TBI are susceptible to depression, and are often prescribed antidepressants.However, a new study conducted on mice found that injured mice that were given antidepressants had up to 70% more brain cells after four weeks on the antidepressant therapy, compared to those mice with brain injuries who had not been given antidepressants.The mice had been given the antidepressant, imipramine

That’s not all.Researchers also analyzed the performance of the mice during a novel object recognition test, to determine whether the thriving of brain cells in these mice, actually contributed to better cognition skills.Researchers analyzed how much time the mice under the antidepressant therapy spent looking at new or novel objects.Researchers found that the mice that had received the antidepressant therapy spent at least 15% more time looking at the novel objects.This indicates that these mice found the objects to be new, thereby indicating better memory capacity.

Published on: April 30, 2011

Students Injured in School Bus Accident in Gwinnett County, Georgia

by Robert N. Katz, Esq.

Several school students were injured in a bus accident involving two school buses in Gwinnett County earlier this week.The accident occurred at an intersection where two school buses were stopped.A third bus approached the scene, and rear-ended the second bus.The driver of the third school bus sustained minor injuries, and was taken to the Gwinnett Medical Center.Unfortunately, as an Atlanta injury attorney, I have seen too many bus accidents result in far more serious injures and wrongful death.

There were a total of 38 children on the third bus, and 10 of them suffered back injuries. The students on the other two buses did not suffer any injuries.The driver of the bus has been cited for following too close.The drivers of the other two buses have been suspended temporarily while an investigation into the accident continues.

Atlanta bus accident lawyers will have to wait until investigations are completed to learn why the third bus driver was not able to stop in time to avoid crashing into the other bus.However, it’ll probably be worthwhile to probe the role of distractions and inattention as a factor in this crash.School bus drivers have an additional responsibility to be cautious and completely attentive while driving.These buses carry some of our most precious cargo, which makes it all the more important for drivers to be attentive at all times.

Published on: April 25, 2011

Georgia Needs to Work on Preventing Bicycle Accidents and Pedestrian Accidents this summer

by Robert N. Katz, Esq.

Georgia has some of the lowest rates of bicycling in the US.That probably has something to do with the fact that this is one of the most dangerous states for bicyclists in the country.In fact, Georgia ranks at number eight nationwide for the number of bicycle accident deaths and, of course, these means there are also a significant number of injuries.As any Atlanta injury attorney will tell you, the state is not much safer for pedestrians either.According to the Georgia Department of Transportation, the Metro Atlanta region is the 10th most dangerous metropolitan area for pedestrians in the country.This summer, the Georgia Department of Transportation needs to focus on how to reduce pedestrian accident and bicycle accident deaths.

There’s no doubt that a pedestrian in Atlanta is at serious risk of injuries in an accident.For example in Georgia, pedestrian accidents make up just 1% of all traffic accidents, but these deaths account for 10% of all traffic accident fatalities every year.

Few cities in the country have the kind of congested traffic that Atlanta has, and pedestrians and bicyclists have a big role to play in relieving some of this traffic.It’s the reason why Atlanta bicycle accident lawyers believe in the need to encourage bicycling and walking as sustainable, efficient, and most importantly, safe means of transportation.However, encouraging biking in Georgia has been an upward climb, because of the high risk of injuries to bicyclists here.

Published on: April 22, 2011

Atlanta Children Escape Injuries After Ferocious Dog Bite attack

by Robert N. Katz, Esq.

A young boy waiting at the bus stop in southwest Atlanta had a miraculous escape after a dog bite attack by a pair of Rottweilers.The boy, who was about eight or nine years old was standing at the bus stop waiting for his bus, when the two dogs turned up and the dog bite attack occurred.Another child was also waiting at the bus stop, but managed to escape.Fortunately for the boy, a neighbor was able to scare the dogs away. As an Atlanta injury attorney, I have often found that dog bite attacks often result in extremely serious personal injuries.

Both of the dogs belonged to separate dog owners.Both the dog owners have been cited by the Fulton County Animal Control and the dogs have been removed from the neighborhood.

Children are the biggest victims of dog bites in Atlanta.According to the Centers For Disease Control And Prevention, approximately 4.5 million Americans suffer dog bites every year.Of these, one in five bites result in injuries that are serious enough to require medical attention.Among child victims of dog bites, the rate of injuries is highest in children in the age group of 5 to 9.Besides, children are much more likely to require medical attention after a dog bite.

Published on: April 21, 2011

Atlanta Bicycle Accident Shows Need for Greater Motorist Awareness

by Robert N. Katz, Esq.

As an Atlanta injury lawyer, a recent bicycle accident in Cobb County is once again confirming that drivers in Atlanta need to be more vigilant about watching out for bicyclists over the spring and summer. Bicycle accidents often result in the most serious types of personal injury compared to most types of accidents.

The year’s peak cycling season is here, and many Atlantans are out on their bicycles.By law, Atlanta bicyclists must bike on the road, and not on a sidewalk.That means they share the roads with motorists who must, accommodate these bikers.

Last week, an elementary school teacher was left with injuries after her bicycle was struck by a car.The impact was serious enough to break the car’s side view mirror, but the driver drove off from the scene of the accident.Fortunately, the woman did not suffered life altering injuries.What makes this accident even more ironic was that the woman had recently been elected to the Board of Directors at Bike Cobb, a bicycle safety advocacy group that lobbies for better bicycling roads and safety.On the day of the accident, in fact, the victim was on her way to her first meeting as a board director.