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Do I Need an Attorney to Handle My Personal Injury Case?

If you are injured as a result of another person or company’s negligence, Georgia law allows you to recover compensation for your injuries.  Personal injury cases can vary drastically from a simple car accident to a complex products liability case against a medical device manufacturer.  Although generally, it is always much wiser to have any attorney represent you when you have any legal issue, the question of whether you need an attorney to handle your case depends on several factors, including:

•    The extent or seriousness of your injuries;

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Under Georgia law, owners of apartment complexes and other commercial properties owe a duty of care to tenants and visitors to keep the property safe from criminal activity. A property owner who knows that shootings, gang violence, drug activity, assaults, burglary and other dangerous crimes occur on its property is required to take the proper steps to secure the property for the safety of its tenants.

Thus, if you were injured during a crime that occurred in an unsafe apartment complex in the Hapeville or Atlanta area, you may have a claim against the owner of the apartment complex, especially if you or your neighbors complained about criminal activity, broken security gates, holes in fences, bad lighting or any type of issues with the building that could allow criminals to access the property.

If an apartment owner knows, whether through past similar incidents or through reports by tenants or frequent calls to the police, that unsafe crimes are occurring on the property, it should take actions such as:

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The pure volume of traffic in Atlanta makes multiple vehicle car accidents a common occurrence.  Multiple vehicle collisions often cause problems for making personal injury claims because the question of who is responsible is often disputed.

To make a personal injury claim under Georgia law, a claimant must show that s/he is not at fault, that the other driver’s negligence caused the accident, and the accident caused the claimant to suffer from injuries.  When there are more than 2 vehicles involved, negligence and fault can be difficult to prove, especially when insurance companies are quick to deny liability.

A classic example of a multiple vehicle collision is the domino effect rear end collision.  A vehicle rear ends the vehicle in front of it and then the vehicle in the back hits the middle vehicle.  In an everyday rear-end collision, the vehicle who rear-ends the car in front of it is usually at fault and is often cited for “following too closely.”  Add a third car, and it can complicate things because now there are more people to blame for the cause of the accident.  In theory, cars #2 and #3 were both following too closely, causing each of them to collide with the car in front of it.  And, if there are two impacts, the cause of the personal injury could be questioned:  was it the first impact or the second impact that caused the injuries?

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Our office located in Hapeville caters to clients who have been injured in automobile accidents.  Like all personal injury claims, making a successful claim for injuries sustained in a car accident requires a showing that the other driver was negligent, and that his or her negligence caused you to suffer from injuries and other losses.  There are several key elements in the handling of a personal injury case that arises from a car accident.

Medical Treatment

One of the first things you need to do if you are injured in a car accident is to seek medical treatment.  If you are visibly and severely injured at the scene of the accident, then you need to be transported by ambulance to the emergency room for a full evaluation.  Often, victims of car accidents do not feel hurt until the next day, especially when the injuries are neck and back injuries.  If this happens to you, then you need to schedule a consultation with your primary doctor or go to an urgent care center immediately.

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If you are looking for a personal injury attorney on the south side of Atlanta near Hapeville, East Point, or College Park, we have an office conveniently located near the airport.  Our attorneys offer consultations in our Hapeville office.  Before you schedule an appointment to speak with an attorney, you may have many questions about what to expect.  The article below is a guide that may be useful for you if you have suffered from a personal injury claim.

What is a Personal Injury Case?

“Personal injury” is a general term that describes an area of civil law that allows victims who are injured by other people’s or corporation’s carelessness to recover compensation.  In legalese, the term for a legal wrongdoing is a “tort.”  The term “negligence” refers to the at-fault party’s carelessness, which is measured by a “standard of care” of a “reasonable” person.  In other words, how would a reasonable person in the same circumstances have acted in order to be careful not to hurt another person?  For example, in the context of an automobile wreck, if a person runs a red light, then it is usually going to mean he or she was negligent because any reasonable driver knows that running a red light is careless and could cause someone else harm.

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The U.S. Food and Drug Administration issued a recall on Bard Davol surgical meshes that were distributed under the C.R. Bard Davol brand name but later discovered to be counterfeit mesh.  The Bard/Davol mesh is typically used for hernia surgery repair by covering the weakened or torn tissue in the body and closed into the body; thus, the use of a counterfeit mesh could cause serious post-operative damages to patients.  The counterfeit hernia mesh was distributed by RAM Medical Inc. and then redistributed to hospitals and other medical providers through Medline Industries, Amerimed Corporation, Henry Schein Inc., Marathon Medical Corporation, MMS-A Medical Supply Company, and Q-Med Corporation.  According to the FDA, the counterfeit product was distributed between October 2008 and October 2009.  If you had surgery that involved use of the counterfeit Bard Davol mesh, you could have a claim for personal injury, as the mesh was not sterile and could lead to infection and may have an increased likelihood of unraveling in the body.  Please call The Davis Injury Firm at 404-593-2620 for more information on the counterfeit Bard Davol mesh product.

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Patients in Georgia who have received DePuy ASR hip implants may have claims for defective product liability if their implants failed.  In 2010, after years of receiving complaints from patients and doctors that their hip implants were causing complications, DePuy Orthopedics Inc. recalled two of its DePuy ASR (Articular Surface Replacement) Hip Implants.  Studies showed that patients who received the ASR hip implants experienced pain that required second hip replacement surgeries.  The DePuy implants have caused patients to experience hip failures, metallosis, and cobaltism (a blood disorder that causes serious injuries, cancer, or even death if untreated) because it exposes patients’ bloodstreams to toxic levels of cobalt and chromium.  Patients who have experienced hip pain, metallosis, cobaltism, or a failed hip replacement device from DePuy must have the ASR hip replaced.

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Many women in Atlanta, Georgia and all around the country have experienced complications from transvaginal mesh patches that have been used to treat pelvic organ prolapse (POP) or stress urinary incontinence (SUI) and have initiated the help of Georgia lawyers to recover compensation for medical bills and pain and suffering associated with their problems.

In July 2011, the FDA issued a warning about several surgical mesh slings that have been implanted in women, stating that those products have caused further complications such as vaginal infections, chronic vaginal drainage, bleeding, pain during intercourse, urinary leakage and incontinence, organ perforation, recurrence of the prolapsed organs, erosion of vaginal tissue, and backaches.  Unfortunately, many women have continued to suffer after their initial POP or SUI surgeries and have required follow up surgeries to remove the mesh and correct these problems.  According to the FDA, there were 2,874 reports of complications related to transvaginal mesh devices between 2008 and 2010.  In addition, the FDA stated that there is no evidence that the use of transvaginal mesh for POP repair provides better results than non-mesh repair methods and could expose patients to higher risks.

If you are experiencing complications such as pain, bleeding, and infections from a POP or SUI repair surgery in Georgia, you may be entitled to compensation by holding the manufacturers of these defective products liable for placing such unsafe products into the market.  Some of the dangerous products used include Bard Avaulta Solo, Avaulta Plus and Avaulta Biosynthetic systems.  The manufacturers of these products include C.R. Bard, Johnson & Johnson Ethicon, American Medical Systems, Boston Scientific Scimmed, Sofradim, Caldera, and Mentor Corporation.  If you or a loved one has experienced pain after surgery using a transvaginal mesh product and need the guidance and support of a defective medical products attorney in Georgia, please call The Davis Injury Firm at (404) 593-2620 for a confidential consultation with a female lawyer.

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Dog Bite Liability in Georgia

Victims of dog attacks in Atlanta, Georgia may often recover from the dog owners for their injuries.  Like all premises liability cases, under Georgia law, recovering for injuries sustained by a dog bite requires a showing that the dog owner either knew or should have known about the animal’s dangerous and violent propensities.   Dog owners could also be responsible for attacks for failing to comply with leash laws.

Dog owners are not automatically liable for attacks on other people.  That is, there is no such thing as “strict liability” for dog bites in Georgia.  To show that a dog owner knew or should have known about the dog’s violent tendencies, evidence of past dog attacks or bites or prior aggressive behavior such as charging toward someone or trying to bite someone should be sufficient.    Even if the dog is of a violent breed, such as pit bulls, there is no liability without a showing of notice or knowledge.

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Negligent Security Claims In GeorgiaGeorgia Property Owners Owe a Duty to Keep Patrons Safe

In Georgia, property owners owe a duty to visitors to keep their property in safe from dangerous conditions, including crime.  You may think that property owners cannot be held responsible for the actions of third party criminals, but that is not what Georgia law on negligent security says.  Where there have been known dangerous crimes on a property and the property owner fails to take measures to adequately protect patrons, visitors, or other people who are allowed to be on the premises, the property owner may be held responsible for injuries sustained from crimes that happen on their property.

What Can a Georgia Property Owner Do to Protect You?