Georgia Injury Law Blog

Published on: April 9, 2011

Workers Compensation Claim arises out of Serious Burns in Hall County Electrical Accident

A worker at a wastewater treatment plant in Hall County has suffered serious burn injuries in an electrical accident this week.This type of accident generally results in a complex workers compensation claim. The workers compensation insurance company often launches an immediate investigation to determine if there is any basis to deny the claim. The insurance company will then work hard to direct the person’s care to limit their financial exposure in the matter. As Atlanta workers compensation attorneys are well aware, it is important for workers injured in severe accidents to obtain counsel as soon as reasonably possible.

Also, this type of accident often results in a personal injury claim against a third party. For instance, the injuries may have resulted from a defective product or the negligence of a third party who previously worked on the device. Accordingly, a worker should make certain that the incident is thoroughly investigated for any potential third party personal injury claim.

The man, an electrician, was apparently the employee of a subcontractor, and was working at the County- owned Spout Springs Water Reclamation Facility when the electrical panel he was working on, exploded.The man suffered serious burn injuries, and was rushed to the Grady Memorial Hospital, one of the premier burn treatment facilities in the country.

Published on: April 8, 2011

Motorcyclists in Atlanta and throughout Georgia at Risk from Car Accidents

by Robert N. Katz, Esq.

Most motorcycle accidents occur in the daytime and at intersections, and can usually be linked to motorist failure to see the motorcyclist in time.As an Atlanta injury lawyer, I find that some of the most serious and debilitating injuries arise out of motorcycle accidents. A motorcyclist is far more likely to be injured in an auto accident than a passenger in a car. As the year’s biking season kicks off, Georgia motorcycle accident attorneys would advise motorists to exercise extra caution.

Georgia’s motorcyclists will enjoy the warm spring weather, after what has been at times, a horribly cruel winter.The weather being as pleasant as it is, motorists can expect not just local Georgia motorcyclists, but also motorcyclists from neighboring states on their way to southern destinations.However, with the increase in motorcyclists, comes an increased risk of accidents.Biking season is the right time to remind drivers that most motorcycle accidents are caused by motorists and drivers of other vehicles, and not motorcyclists.

In Georgia at least, we have noticed a trend of blaming motorcyclists every time there’s an accident involving these riders.Most people are quick to assume that it’s motorcyclists who disobey traffic laws, ride too fast, and try stunts on the motorcycle.Nothing could be further from the truth.Most motorcyclists are aware that any foolish behavior can have devastating consequences for them, and not so much for the occupants of the other vehicle involved in the crash.

Published on: April 8, 2011

Hundred-Year Anniversary of Factory Accident That Led to Workers’ Compensation Reform

by Robert N. Katz, Esq.

Last month, Atlanta workers compensation lawyers marked the 100th anniversary of the deadly Triangle Shirtwaist factory fire that killed 146 workers, and sparked a public outcry, ultimately resulting in Workers’ Compensation reform and more rights for workers. Injuries to workers was very common in this time period. However, it took a workplace tragedy to spur reform.

The accident occurred on March 25, 1911, as workers, mainly tailors and seamstresses, at the factory were about to head home for the day.Many of them never made it out.The building was already on fire, and most of the women, mainly young immigrants, were trapped inside the building.

Shockingly, the doors had been locked, and many of the victims died trying to force them open.Some had no choice, but to jump out of the windows.The horrors inside the building were only matched by the incompetence outside.Firefighters rushed to the scene, but quickly found that their hoses would reach only the sixth floor of the Asch Building, which housed the factory on the 8^th, 9^th and 10^th floors.Firefighters were left with no other choice, but to form human chains to reach the higher floors, and use nets to catch those who desperately jumped out the windows.Most of these efforts were unsuccessful.After the tragedy, the factory owners were indicted for manslaughter, but were soon acquitted.

Published on: April 1, 2011

No Injuries Reported in Atlanta area Nursing Home Roof Collapse

by Robert N. Katz, Esq.

More than 100 residents of a nursing home in Gwinnett County, Georgia were moved to another facility last week, after the roof of their nursing home collapsed.Fortunately, the 109 residents did not suffer injuries during the collapse. As an Atlanta injury lawyer, I have seen a number of roof collapses that did not turn out nearly as well. When it comes to nursing homes, we are generally more focused on nursing home abuse issues.

According to news reports, the collapse occurred around 10 AM on Thursday at the Golden Living Center at 213 Scenic Highway in Lawrenceville.According to facility staff, workers were in the process of replacing the entire roof of the building when the collapse occurred.Apparently, the workers were engaged in removing and replacing roofing materials at the time of the collapse.The collapse occurred in the dining area of the facility.

Fortunately, none of the residents were in the dining area during the collapse.However, there could have been serious injuries if the collapse had occurred later in the day.Just a short while after the collapse, the residents were scheduled to spend some time in the dining area.The residents have now been shifted to other living facilities.

Published on: March 31, 2011

DOJ Report on Punitive Damages Awards in 2005

by Robert N. Katz, Esq.

In any trial involving intentional misconduct or in which a defendant has consciously disregarded the consequences of his or her conduct, Atlanta personal injury lawyers will ask juries to award compensatory damages and punitive damages to the plaintiff.Cases involving punitive damages include drunk driving car accidents, construction accidents in which the worker was using drugs, trucking accidents in which the truck company negligently hired or retained a clearly unqualified driver, dog bite cases in which the dog has repeatedly bitten other persons, or other injury cases in which the defendant’s conduct is more than just negligent. As an Atlanta injury lawyer, we thoroughly investigate all cases to determine if the case is appropriate for an award of punitive damages.

Compensatory damages are meant to do just that-compensate the plaintiff for all his economic and non-economic losses as a result of the defendant’s negligence.These losses could include medical expenses (hospitalization, medical bills, doctor fees, surgeries, physical therapy and rehabilitation), plus income and lost potential income in the future.Non-economic losses could include the plaintiff’s physical pain and mental suffering and loss of consortium/affection.However, punitive damages are awarded not to compensate the plaintiff, but to punish the defendant and to deter him from committing such conduct in the future.

A new report by the US Department of Justice Office of Justice titled Punitive Damage Awards in State Courts 2005 provides an interesting summary of punitive damages awards that year. In the year 2005, there were 22 tort and contract trials in Fulton County, Georgia, which resulted in plaintiff victories.Out of these, 9% resulted in punitive damages being awarded to the plaintiff.Across the country, that same year, punitive damages were awarded in 14,359 trials that ended with plaintiff victories.

Published on: March 31, 2011

First Full Face Transplant Offers Hope for Traumatic Injury Victims in Atlanta

by Robert N. Katz, Esq.

A team of doctors at a Massachusetts hospital announced that they had completed the country’s first full face transplant.The recipient of the transplant was a 25-year-old construction worker, who had been left horribly injured and disfigured after an electrocution accident in 2008.With the surgery being declared a success, and the military investing millions of dollars in facial transplant research, Atlanta personal injury attorneys believe that this transplant signifies even greater possibilities for the treatment of victims of traumatic injury.

The construction worker had had his nose, lips and much of his face destroyed after the accident.He had been left disfigured and unrecognizable.After the family of a brain-dead young man came forward to donate his face, doctors decided to perform a transplant on the worker.The surgery took a total of 15 hours, and doctors worked to attach a nose, lips, skin, muscles and nerves on his face.The new face hasn’t been revealed yet, but doctors have confirmed the success of the surgery.

The cost of the surgery was borne by the American military, which has pumped millions of dollars into face transplant research.The military is investing in possible treatment and rehabilitation options for soldiers who return from combat duty with horribly disfiguring injuries.

Published on: March 28, 2011

New Safety Initiatives commenced in effort to prevent Motorcycle Accidents in Atlanta and throughout Georgia

by Robert N. Katz, Esq.

The Georgia Department of Public Safety has begun implementing motorcycle safety checkpoints, as part of a program in an effort to prevent motorcycle accidents. Some of the most serious injuries and deaths often result from motorcycle accidents. Although motorcycles certainly need to be well maintained, these accidents are more often caused by drivers of cars who are not watching out for motorcycles. It would probably be more effective use of resources if the Department used their limited resources to commence a campaign to educate drivers to watch out for motorcycles and bicycles.

As part of the campaign that is being launched, the Georgia Department of Public Safety will conduct a total of six motorcycle checkpoints between 1 March 2011 and December 31, 2012.The first checkpoint of 2011 was held earlier this month along Interstate 75 and along Interstate 95.Motorcyclists traveling along any of the highways that have been marked for checkpoints will find signs that require them to exit at an inspection station.

The campaign is being funded by a $70,000 grant by the National Highway Traffic Safety Administration.Officers will be specifically looking to see if motorcycle drivers have licenses, and if they’re wearing helmets.They will also be checking to see that motorcycles are in good operating condition, and will specifically be looking out for bad tires, broken or malfunctioning headlights and tail lights.According to the Department of Public Safety, the checkpoints won’t be a major hindrance, and the average motorcyclist who is riding with a proper license, and is helmeted, will find that the delay lasts just about a minute.

Published on: March 27, 2011

Atlanta Boy Injured in SUV Car Accident

by Robert N. Katz, Esq.

A six-year-old Atlanta boy who was injured in an SUV car accident in Cobb County is expected to recover from his injuries.The boy had been injured in the accident that occurred on Sunday at the intersection of Macland Road and John Ward Road.

The child was apparently traveling in an SUV that was T-boned by another vehicle at the intersection.The impact of the accident caused the SUV to flip over.The boy sustained a head injury, and had to be rushed to the hospital.Police are likely to charge the other driver with failure to yield.

Very often, Atlanta car accident attorneys notice that T-bone collisions which occur near an intersection, occur because one of the drivers ran a red light.T-bone accidents involve a car that crashes through traffic and into the side of another car.These side-impact accidents are some of the most injurious of all auto accidents.Side impact crashes can cause serious injuries and fatalities, because there is very little space protecting the occupants of the car from the full impact of the collision.This is unlike a frontal impact collision, where the front of the automobile absorbs much of the energy from the accident, cushioning the occupants from injuries.

Published on: March 25, 2011

Georgia Needs More Trauma Centers to Treat Injuries of Auto Accident Victims

by Robert N. Katz, Esq.

The Atlanta car accident lawyers at our firm have been blogging regularly about the need for more trauma care centers in Georgia to treat auto accident victims and others.Rural areas in Georgia have a severe shortage of trauma care centers to treat individuals who have suffered serious personal injuries. This has resulted in a significant number of unnecessary deaths. Unfortunately, a recent vote to provide a limited tax to increase the number of trauma centers was defeated.

According to estimates, approximately 700 people in Georgia are killed every year because they lacked immediate access to emergency trauma care.Many of these people were injured in catastrophic accidents, and sustained serious injuries that could not be treated without the facilities available at a trauma center.The first hour after a person suffers serious injuries is the “golden hour,” and if the person receives emergency care during this time, his chances of surviving the accident or injuries increase substantially.Unfortunately, many people who are involved in auto accidents in Georgia cannot be taken to an emergency trauma care center in time because there is not one close enough to them.

According to estimates, there should be at least 30 trauma centers in Georgia for trauma care access for all.Currently, we need at least 12 more centers to ensure that all Georgia residents live within 50 miles of a trauma center.Georgia’s trauma care network leaves much to be desired, and the average trauma death rate in our state is much worse than the national average.To make matters worse, recent budget cuts have slashed approximately $10 million of funding for the existing trauma care centers in Georgia.

Published on: March 24, 2011

Why Atlanta’s Senior Motorists May Be at a Higher Risk of Pedestrian Accidents

by Robert N. Katz, Esq.

As Atlanta pedestrian accident attorneys, we often come across cases involving pedestrians seriously injured in accidents caused by senior motorists.A new study conducted by Israeli researchers suggests that elder drivers may suffer from an inability to see things in their peripheral vision that prevents them from seeing pedestrians on the curb or sidewalk. This increases the likelihood of a pedestrian accident. Of course, auto accidents involving pedestrians often involve the most serious injuries.

The study came out of a spike in pedestrian accidents involving senior motorists in Israel.The researchers were looking at the specific challenges an elderly motorist faces as far as pedestrian safety is concerned.The researchers placed older motorists in a simulator, and measured their responses to vital safety signals.

They found that drivers above the age of 65 were half as likely to spot a pedestrian as younger drivers.Not only that, they also found that senior motorists were just half as likely to tap the brakes when they spotted a pedestrian on the curb or sidewalk, as younger drivers.This signifies one of two things-either these motorists don’t spot a pedestrian in time to react, or they don’t consider pedestrians a serious accident hazard.Either of these theories spells danger for any pedestrian in the path of an elderly motorist.