Below is information on certain types of personal injury matters handled by the firm.

WRONGFUL DEATH

Wrongful death is a legal term that refers to situations when a person dies due to the negligence of another. In Georgia, survivors are entitled to recover the "full value" of a decedent's life, which includes both tangible economic elements, such as wage and earning calculations, and non-economic elements, sometimes referred to as "hedonic" damages or damages for the "lost pleasure of life."

Wrongful death claims arise from a variety of incidents or situations, including car and truck accidents, medical malpractice, use of defective products, premises liability and negligent security. These cases frequently involve complex legal issues, such as the nature, type and proof of damages allowed, estate and inheritance law, insurance, annuity and other distribution matters, and other issues that generally require experience in handling such claims. Our firm has substantial experience in wrongful death cases. In every case, we strive to ensure that survivors and beneficiaries recover maximum compensation for their loss.

CATASTROPHIC INJURIES

Catastrophic or life-altering injuries result from a myriad of situations, including vehicle accidents, use of defective products, premises liability and other general negligence actions. Generally, a catastrophic injury is considered to be an injury that results in a permanent impairment, such as the total or partial loss of a limb (arm, hand, foot or leg), loss of vision, a spinal cord injury, or severe brain injury. Other serious injuries may, under certain circumstances, also be considered catastrophic. For example, a mild brain injury that results in memory loss and prevents a doctor from practicing medicine; a hearing loss that prevents a musician from playing earning a living as an orchestral musician; or a severe arthritic condition or neurological condition that requires additional care for routine daily functions. Essentially, any injury or condition that causes a permanent loss of earning capacity or impairment of at least one essential daily function can be characterized as catastrophic.

In such cases, the proof of fault, or liability, is often no different than in ordinary negligence actions, such as automobile accident cases. However, the analysis and proof of damages in these cases can be both complicated and costly. Typically, an economist or other financial expert must be used to calculate projected earning streams and reduce those calculations to present value for presentation at trial. In addition, vocational experts may be needed to testify concerning a person's skills and lost earning capacity. Finally, a rehabilitation or life-care planner may be needed to prepare a life-care plan to show the expected costs of future care for someone with a permanent disability.

Our firm has experience in evaluating, handling and preparing catastrophic injury cases for trial. We are familiar and have worked with experts such as those outlined above to properly assess and present proof of the substantial economic damages resulting from a catastrophic injury. If you, a family member or loved one has suffered a catastrophic injury, you should consult with an attorney experienced in handling such cases.

AUTOMOBILE ACCIDENTS

Auto accidents are the leading cause of death in the United States. What should you do if you are involved in an auto accident in Georgia? If you, a family member or loved one has been injured in an automobile accident, take the following steps: (1) photograph any evidence at the scene; (2) get the name of all witnesses; (3) get insurance information for all involved parties; (4) write down the accident report or case number given to you by the investigating officer; (5) do not speak or give statements to anyone other than the investigating officer; (6) seek medical attention as soon as possible; and (7) keep copies of any bills and correspondence that you receive.

Property damage should be paid by the at fault party's insurance. In addition, you may be entitled to recover damages including medical expenses, lost wages and pain and suffering. You should consult a Georgia attorney for advice concerning the proper handling and value of your case.

PREMISES LIABILITY AND NEGLIGENT SECURITY

If you are a visitor to a commercial establishment or a leased or owned residence, the owner (and in certain cases the management or operator of the business) owes you a duty of reasonable care to keep the property reasonably safe. Serious physical injury, sexual assault, rape, murder and other criminal acts that result from hazardous conditions or the failure of an owner or management to keep premises safe from foreseeable risks of injury to patrons and visitors are injuries that may be compensable in law.

An attorney familiar with this area of law will retain a security or other expert or experts who can go to the scene and establish the failures of the owner or management. Your attorney should also be familiar with mental health counselors and other professionals who can assess and treat psychological and emotional injuries. There are substantial verdicts and settlements in this area of law. If you or someone you know is a victim of unsafe conditions or inadequate security, you should seek competent legal advice.

PRODUCT LIABILITY

Do you have a catastrophic injury, including death, loss of limb or total disability resulting from a defective product? A defective product is one that causes personal injuries, property damage or financial losses resulting from the product's defect, labeling or use, and often from the manufacturer's negligence or fraud. In addition to the manufacturer, a product's designer and distributor are often liable for claims. Product liability cases range from the obvious (a mislabeled product that causes injury) to the not so obvious (harmful side effects from an improperly tested product). A defective product could be a tire that was defective and caused a collision, an automobile that was not crash worthy, or farm equipment that did not have adequate warnings and caused serious injury. Unfortunately, there are too many variables to list each situation that might give rise to a legal claim involving a defective product.

If you are injured due to a defective product, you should seek legal counsel. In addition, the product (and any pieces thereof) is evidence that must be saved. You also want to have pictures made at the hospital and at the scene where the injury occurred, if possible. Normally, your lawyer will hire an investigator or a photographer to have photographs made. There are also experts that specialize in different products, and your attorney should retain such an expert to evaluate the product in question.

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