Articles Posted in Personal Injury

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Generally, the victim of a security guard’s bad acts or negligence (false imprisonment, excessive use of force, wrongful detention) may bring a civil lawsuit in Georgia to recover damages for the victim’s resulting injuries.  However, because recovering damages in a civil suit requires money, whether it be via a corporate entity with deep pockets or via insurance coverage, a more important question is, “can any corporate defendants also be held responsible for the individual security officer’s acts?”  When looking at corporate entities to sue in a case involving a bad acting security guard, Georgia attorneys should investigate the case to see if the property owner who hired the security guard and/or the security company who employed the guard can be held responsible for the guard’s behavior.

Under Georgia law, property owners have the ultimate duty of care, or the responsibility to its customers, tenants, visitors, or other people who are lawfully on the property, to keep the property safe.  This responsibility includes making sure that the security guard or security guard company is one that will properly ensure the safety of the people who are lawfully present on the property.  Under some circumstances, a property owner can be held liable for the security guards intentionally bad acts, crimes, or unintentional acts/negligent acts.  Examples of intentional bad acts include using excessive force, such as assaulting or shooting someone unnecessarily or wrongfully detaining or arresting someone.  Examples of negligence include not being on the property when required or failing to follow certain safety protocols and procedures.

Many property owners hire private security companies to keep their properties safe.  Thus, it is possible for a victim of a security guard’s bad or negligent acts to sue the security company that employed the guard.  Under the Georgia law of respondeat superior or vicarious liability, an employer can be held responsible for an employee’s wrongful acts, if the employee was working within the course and scope of his or her employment. Secondly, an employer, such as a security company that employs a bad security guard, may be held responsible for the negligent hiring, retention, supervision, and training of a security guard who acts negligently or wrongfully. Thus, an attorney handling the case against the security company should investigate whether the employer checked the guard’s criminal history or work history before hiring him.

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What Is Xarelto?

Xarelto is a prescription blood thinner that is prescribed to reduce blood clotting.  Unfortunately, Xarelto is also a potentially dangerous drug that has caused significant injuries to patients taking it.

How Does Xarelto Cause Injuries?

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What Is An IVC Filter?

IVC filters, which are manufactured by big medical device manufacturers such as Cook and Bard, have been known to cause significant injuries to patients because of safety issues with the IVC devices.  An IVC filter is a medical device in the shape of a cone with spider-like wire, that is implanted into the “inferior vena cava” (IVC). The IVC is the vein that transports deoxygenated blood from the lower/middle part of the body to the right atrium of the heart.  The IVC filter is implanted in order to prevent pulmonary embolisms from occurring; a pulmonary embolism is where the artery to your lungs is blocked (typically by a blood clot) and can cause shortness of breath, fainting, and even death.  The IVC filter is designed to catch blood clots trying to move to the heart and lungs.

How Do IVC Filters Cause Injuries?

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Many people who are involved in car accidents seek medical care from chiropractors for their personal injuries. Each person’s injuries are different, so the decision as to where to seek medical care after a car accident depends on various factors such as:

  • The extent of the injuries. For example, if there are fractures or broken bones, you’ll probably go the emergency room via ambulance from the scene of the collision and follow up with an orthopedic doctor. If there’s a head injury that causes headaches or a traumatic brain injury, then it would be advisable to seek emergency car and follow up with a neurologist. On the other hand, if the injuries are “soft tissue,” meaning they are largely muscular and involve the pain caused by whiplash, then seeking care from a chiropractor or a primary care physician is probably okay.
  • Whether there is health insurance. If there is health insurance available to cover treatment for injuries related to the accident, absent a catastrophic or emergent injury, then starting with a primary care physician is probably ideal way to obtain treatment. Chiropractors normally work on a “lien” basis, where they get paid on the back end of the settlement. Any time you have available health insurance to cover the cost of medical care, no matter what kind of provider you use, it is better than treating on a lien care basis because using your health insurance will more than likely allow you to maximize your recovery.
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Georgia premises liability law requires property owners to keep their premises safe from known dangerous conditions, which can include third party criminal acts. A property owner who knows that there is criminal activity on its premises owes a duty to take actions to keep visitors, tenants, and other people who are allowed to be on the property safe from the harm. Thus, when someone is hurt or killed on a property, the injured party or their family can bring an injury and a wrongful death action against a negligent property owner. These types of claims against property owners are commonly referred to as negligent or inadequate security cases.

You may wonder how a property owner can be expected to control the actions of an unrelated third party. The duty does not require the property to absolutely ensure that all people on the property are safe at all times; the duty requires the property owner to do what it can to protect parties from known dangers. For example, an apartment owner who is aware of assaults of its tenants occurring on the property can take the following steps to protect tenants and visitors:

  • Secure the premises with working fencing and gating;
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Yesterday, the National Highway Traffic Safety Administration recalled millions of Takata air bags placed in vehicles manufactured by Toyota, Honda, Nissan, Mazda, BMW, and GM. These air bags are defective and have killed at least three Honda drivers so far and injured hundreds of people. The NHTSA issued the recall and urged consumers to act immediately upon the recall. You can search here by VIN number to see if your vehicle is affected.

A New York times article published yesterday and another September article report that an investigation showed that Honda and Takata knew that the Takata air bags have been exploding since 2004. Nonetheless, Honda did not issue a recall until 2008, and it was only on a small fraction of their vehicles. Several recalls have been issued since then, and last month, Honda issued another recall, bringing the total number of recalled Honda and Acura vehicles to 6 million.

The defective Takata air bags explode and send shrapnel or chemicals flying at drivers, killing and injuring them. Those who have died from the exploding air bags have been stabbed by shrapnel from the exploding airbags and basically bled to death. The air bags were designed to deploy using a chemical explosive that is encased in a metal canister; thus, an explosion can occur and rupture the airbag, harming the passengers in the vehicle. Takata’s engineers explained the defect in many different ways, but cannot give one clear explanation for the problem. One explanation was that a defective machine at one of their plants made the explosives contained in the airbag unstable and caused it to burn aggressively rather than inflate the air bag properly. Another explanation was that a switch designed to reject poorly made explosives was in the off position at the plant where the air bags were made.

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When you are injured in a car accident that was caused by another person, you should definitely seek medical attention as soon as possible in order to ensure that your personal injury claim is as strong as it can be.

Making a personal injury claim in Georgia

To make a claim for injuries that you suffered from a car wreck, you must generally show the following:

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If you have been injured in a car accident or any other accident and have a personal injury case in Atlanta, Georgia, it may impact your Georgia bankruptcy filing. A personal injury case is considered an asset that is required to be disclosed in a Chapter 7 or Chapter 13 case in Georgia. Depending on when the accident happened, a personal injury case could be considered a bankruptcy asset in a Chapter 7 case that is subject to taking by the bankruptcy trustee. If the accident happened before you filed Chapter 7 bankruptcy, then the personal injury claim belongs to the trustee. A personal injury claim must always be disclosed if you are in an active Chapter 13 case.

If you have a personal injury claim in Georgia that must be disclosed as an asset in bankruptcy, you must:

1. Inform you Georgia personal injury attorney that you may file bankruptcy or that you have already filed bankruptcy;

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When you are involved in a car accident and a need to make a personal injury claim in Atlanta, Georgia, you have to consider how your bankruptcy case can impact the personal injury case.

The first thing you need to do is inform your Georgia personal injury lawyer that you are either a debtor in a pending bankruptcy case or you are considering filing bankruptcy in Georgia. Obtaining a personal injury settlement in Georgia is complex when you also have a pending bankruptcy matter.

If you are already in an active bankruptcy case, your Atlanta personal injury attorney and your Atlanta bankruptcy attorney need to collaborate to make sure your claim is preserved. If you are in a Chapter 7 case, any money that you may obtain from a personal injury lawsuit may be an asset that is subject to liquidation by the bankruptcy trustee. Thus, you must be very careful about settling the claim and disbursing the funds, and your personal injury attorney must seek court permission to represent you in the claim for your injuries. If you are in a Chapter 13 case, the money you obtain from a personal injury settlement in Georgia could be considered disposable income and also may be required to be paid to the creditors in your case. Similarly, your personal injury attorney must obtain court permission to represent you.