Atlanta Injury Lawyers Blog

As Atlanta workers compensation lawyers, we are constantly reviewing statistics and data to evaluate where workers in Georgia are most at risk to sustain a work injury. By doing so, we feel that we are better prepared to assist our Clients when they contact us to seek the assistance of an attorney. A review of recent data has revealed some very interesting information.

At the outset, workplace injury data shows that over 4 million workers throughout the county incur a work injury each year. Of those work accidents, over 2 million employees suffer an injury that is so severe that they are required to miss time and seek medical attention. Most injuries occur at companies whose workforce is less than 250, and small businesses of less than 10 people are less likely to have an employee injured.

Although the economy has slowed the pace of construction in Atlanta and throughout Georgia, as work accident attorneys we are always interested in how susceptible our construction worker Clients are to injury. Workplace injury data shows that the construction industry is a highly dangerous field, with 16 deaths per year for every 100,000 workers. This amounts to 20% of all work related deaths per year. Most of these work accident deaths are caused by car accidents, heavy equipment, and falls. A large portion of our workers compensation practice is devoted to representing Hispanic workers, and we were also interested to learn that Hispanics are injured on construction sites at a greater rate than any other demographic.

A 3-car motor vehicle accident occurring late Saturday night in Gwinnett County, Georgia, just outside of Atlanta, has resulted in the wrongful death of one person. The details of the car accident are still under investigation, and police are yet to determine whether drugs or alcohol may have been involved. This traffic accident is the latest in a series of motor vehicle accidents over the last several weeks that have led to fatalities.

As Atlanta car accident attorneys, we continue to see an increase in traffic related wrongful deaths in Fulton, Cobb and Gwinnett Counties. As Georgia's roadways continue to become more congested, drivers are required to exercise greater levels of care while operating their vehicles. Even with the highest level of care, however, it is sometimes impossible to escape the negligent acts of another driver upon the roadway.

Given our unique perspective as personal injury lawyers in Georgia, we have noticed that many of the more serious car accidents in the Atlanta metropolitan area are caused by young and inexperienced drivers. In many instances, these young drivers are simply not sophisticated enough to recognize the dangers of operating a motor vehicle. Many times, we see accidents caused by a teenage driver who is distracted by a radio, cell phone, or ipod.

Curbing the use of handheld devices by young drivers of a vehicle is a constant battle. While there exist civil penalties if a car accident is caused by such conduct (punitive damages), the present criminal code is not strict enough. Perhaps if the legislature developed a more effective manner in which to penalize parents for allowing their children to operate motor vehicles while using such devices, we may see some progress.

Recent statistics published by the United Stated Department of Labor reveal that workers compensation accidents in Georgia last year resulted in 171 deaths. Although this figure appears high, the total number of fatalities was actually down from the prior year. In 2007, there were 193 deaths caused by a work related accident or injury.

As Atlanta workers compensation lawyers, these statistics are of interest to us as they demonstrate where Georgia's workers are most at risk for injury. For example, further analysis of the workers compensation death statistics offer insight as to the cause of the employee fatalities. The largest category of deaths, 62, were caused by employees involved in a car accidents and truck accidents while working. Motor vehicle accidents were followed by falls at work (28 deaths), heavy equipment/machine accidents (28 deaths), and violent acts and assaults at work (26 deaths). As workers compensation attorneys, we are also interested in which workers are more at risk to sustain a work injury. The statistics evidence that men are disproportionately injured on the job in Georgia, as only 12 of the 171 deaths were women.

One particularly interesting revelation from the 2008 death statistics is that certain ethnic groups are killed at rates that are disproportionate to their representation in the general population. For example, although Hispanics comprise about 8 percent of Georgia's population, they accounted for almost 15% of all workers compensation deaths in 2008.

Continue reading "171 Workers Compensation Deaths in Georgia Last Year" »

A 22-year old Atlanta woman, Aimee Michael, who caused a car accident resulting in the wrongful deaths of five people is conferring with her lawyers to determine whether she will accept a plea deal offered by the prosecuting attorneys. The motor vehicle accident occurred last Easter on Camp Creek Parkway in South Fulton County. Michael, a 22-year old at the time, was driving her mother's BMW when she caused the car crash, and she has been charged with 5 counts of vehicular homicide.

In addition to criminal charges, Michael and her mother face certain civil law suits for Michael's negligent conduct in casuing the wrongful deaths of the 5 individuals. Although Michael was at fault, her mother is potentially liable under the Georgia family purpose doctrine and a theory of negligent entrustment. In order for a claim under the family purpose doctrine to succeed, a personal injury attorney must prove that Michael's mother: (1) gave her permission to drive the car on the day of the acccident; (2) that actually relinquished the car to Michael; (3) that Michael was actually in the vehicle at the time of the accident and, (4) that Michael was using the vehcile for some family purpose. To succeed on a theory of negligent entustment, a lawyer for the victims must show that Michael's mother knew of Michael's propenstiy for careless driving and, nevertheless, allowed her to drive the vhicle on the day of the accident.

In addition to claims for special damages (medical expenses, funeral costs, etc.) and pain and suffering, lawyers for the faimilies of the victims may also attempt to seek an assessment of punitive damages. Under Georgia law, punitive damages may be assessed where the wrongdoers conduct was so egregious that it amounts to a wanton dsregard for the welfare of others. A substance believed to be marijuana was found in Michael's vehicle on the day of the accident, and this evidence could be enough to obtain a punitive damage verdict from an Atlanta jury.

As an Atlanta car accident attorney, I know just how dangerous Georgia's roads and highways can be. At The Murray Law Firm, we receive dozens of call on a weekly basis from new Clients seeking a lawyer to assist them with metro Atlanta car accident and truck accident cases. From the spring through the fall, we also see allot of pedestrian accident cases as more people are walking on sidewalks and crosswalks. Given our firm's involvement in so many Atlanta accident cases, it very rarely surprises me when I read the paper or watch the news and hear about a new traffic incident.

Despite my personal understanding of the regular occurrence of automobile accidents in Atlanta and throughout Georgia, the last week has seemed particularly bad. The wet weather that has drenched Atlanta over the last several days has resulted in a spike in the amount of traffic accidents. There have also been a significant number of car accident and truck accident fatalities, and wrongful deaths relating to pedestrian accidents. Just this past weekend, there was a hit and run fatality/wrongful death relating to a pedestrian crossing a cross walk on Buford Highways. An Atlanta woman was also killed in a truck accident when she stopped to assist another driver who had been stopped on a ramp at Spaghetti junction. A truck struck her vehicle, which caused her to be thrown from the side of the ramp.

Given the increased traffic incidents in Atlanta, we thought this blog posting might provide a good opportunity to remind our potential Clients of a few basic tips in the event of an accident. First and most importantly, in the event of an accident, immediately call 911. If you are injured, or you are not sure, request that emergency medical services be dispatched to the scene. Take pictures of all vehicles with a camera or a cellular phone before any alterations to the accident scene occur. Tell the responding police officer exactly what happened, and make sure that he includes your statement in his police report. Ask the officer for the police report number, as this will allow you to obtain the police report and ensure that the report is accurate. Finally, call your insurance company and report exactly what happened and who was a fault.

Continue reading "Atlanta Car Accidents, Truck Accidents, and Pedestrian Accidents Increase with Wet Weather " »

Atlanta personal injury attorneys, and accident lawyers throughout Georgia, are eagerly anticipating a ruling from the Georgia Supreme Court to see if the Court's Justices will strike down as unconstitutional a major piece of the Georgia legislature's 2005 tort reform law. The statute, which places a cap on non-economic damages such as pain and suffering in medical malpractice cases, has been consistently challenged as unconstitutional by trial lawyers since it became law nearly 5 years ago. The primary argument against the law is that it is unconstitutional because it infringes upon an injured party's right to a trial by jury. Opponents argue that the Georgia Constitution prescribes that a jury is to determine the amount of damages to be awarded to an injured victim, not the legislature.

The case heard by the Supreme Court is particularly egregious. The woman who brought the case is an elderly Marietta woman who sought plastic surgery to remove loose skin from under eyes. Within weeks of the surgery, the skin on her face died as the surgeon had improperly terminated blood flow to her face during the procedure. As a consequence, she was left disfigured, with irreparable harm. A Fulton County jury found the plastic surgeon at fault, and awarded the woman pain and suffering damages in the amount of $900,000.00. Because of the non-economic damages cap, however, the award was automatically reduced.

As an Atlanta medical malpractice attorney, I am hopeful that the Supreme Court finds the tort reform law unconstitutional. I have noted before in this blog, the fear of civil jury awards for medical malpractice is one of the major mechanisms by which we can ensure that our doctors do not depart from appropriate standards of care. Without physicians fearing an assessment of damages from a jury for diversions from the standard care, physicians are more prone to commit medical malpractice.

Continue reading "Atlanta Personal Injury Attorneys and Georgia Accident Lawyers Await Supreme Court Ruling on Medical Malpractice Damages Cap" »

Our law firm was recently hired by a man seeking an Atlanta accident attorney to assist him with his personal injury case. The man was involved in a motor vehicle accident while driving his company's truck. The motor vehicle accident was not his fault, and the man suffered a spine injury as a result of the collision. He contacted us to assist him in his workers compensation claim against his employer. When we informed him that Georgia law allowed his attorney to also pursue a personal injury claim against the at fault driver, he was surprised. Apparently, his employer had told him that Georgia workers compensation law only allowed him to pursue a workers' comp claim.

This story inspired me to offer two lessons to our blog readers. The first lesson is, if you are ever involved in a work accident, be immediately skeptical of whatever advice your employer offers you. Too many times as a Georgia attorney have I seen my workers' compensation Clients misled by an employer whose primary concern is the impact that the work injury will have on its insurance premium. As we have posted in prior blogs entries, the victim of a work accident in Georgia in entitled to a number of benefits ranging from medical care to weekly indemnity checks. The workers compensation system in Georgia is very intricate, and an injured worker should seek the assistance of a qualified Georgia attorney before taking any advice from an employer.

The second lesson is that the workers compensation system is not always the only avenue of redress for an individual hurt in a work accident. It is true that Georgia law includes a statute that is commonly referred to as the 'exclusive remedy doctrine' which prohibits an injured worker from bringing a personal injury action against its employer. This statute does not, however, apply where a third party unrelated to the employer is at fault in causing the work accident. Under such circumstances, the injured worker may also have a personal injury case in addition to the workers compensation claim. Examples of this would be where a company driver is hurt in a car accident caused by another driver (car accident personal injury case), where a worker is hurt by a faulty machine (products liability claim), or where an injured worker slips and falls or is the victim of a violent crime while on a property not owned or leased by the employer (premises liability case).

In order for a victim of a work injury to properly assess any and all claims that are available under Georgia law, it would be advisable for the injured worker to seek guidance from a Georgia attorney. The Murray Law Firm has recovered millions of dollars for our workers compensation clients, and we would be pleased to answer any questions from potential Clients free of charge. The Murray Law Firm is based in Atlanta, and represents Clients throughout Georgia including Savannah, Augusta, Columbus, Macon, Dalton, Rome, and Athens.

A Fulton County Jury awarded $9,000,000.00 to a woman who was brutally robbed and raped in her apartment in Marietta, Cobb County, Georgia, just outside of Atlanta. The jury in this Atlanta premises liability case was provided with evidence showing that the owners and management of the property negligently maintained and secured the premise and, as a consequence, failed to properly and adequately offer security to its tenants. Although the rape occurred in Cobb County, the case was tried in Fulton County as the owners of the apartment complex and the property's management company resided in that venue.

Violent criminal activity at apartment complexes is a major problem in Atlanta and throughout Georgia. The Murray Law Firm regularly represents victims of rapes, shootings and other crimes that have been perpetrated because of the property owner's or management company's failure to provide adequate security. In many instances, these crimes occur because of the apartment complex's failure to correct minor problems such as inadequate or inoperable lighting, or an inoperable controlled access gate.

Once retained by a Client who has been the victim of a violent crime at a Georgia apartment complex, we immediately conduct an investigation to determine what level of criminal activity occurred at the property and in the surrounding area, and what measures could have been undertaken to prevent the crime from occurring. We regularly interview current and former residents of the apartment complex, as well as current and former employees of the management company. We will also request from the local police department a criminal activity report to identify what crimes took place on the property and in the surrounding area in the preceding 5 years. In many instances, we learn that the owners of the apartment complex and its management company were aware of violent criminal activity, but did little if nothing to protect its residents.

Continue reading "Apartment Complex Rape Victim and Atlanta Premise Liability Attorneys Obtain $9 Million Verdict" »

A Cobb County jury, located just outside of Atlanta, Fulton County, Georgia, recently awarded $1.9 million to a teenager who was seriously injured in a motorcycle accident/car accident. The accident occurred when a motor vehicle negligently turned in front of the motorcycle while travelling on a roadway. The driver of the motorcycle could not avoid the collision, and the teenager, who was a passenger, was violently thrown from the bike.

Atlanta motorcycle accidents are common as traffic on the city's highways, combined with reckless motor vehicle operators, creates a perfect storm for such incidents to take place. As a consequence, Atlanta motorcycle accident attorneys are in high demand by individuals who have been injured while riding a motorcycle, or by families who have suffered the wrongful death of a loved one while riding on a motorcycle. The legal aspects of a Georgia motorcycle accident are not very different from a Georgia car accident, as the same standard of negligence applies. The typical difference between the two cases, however, is the value of a motorcycle injury. Because the injuries suffered by an individual in a motorcycle accident are generally much more severe (brain injury, spinal cord injury, wrongful death) the medical expenses and pain and suffering associated with the injuries are much greater than in a car accident. It is not uncommon for medical expenses to be in the hundreds of thousands of dollars. As such, Georgia motorcycle accident attorneys will generaly seek larger awards from juries than in a standard motor vehcile accident case.

Continue reading "Atlanta Motorcycle Accident Attorney Obtains $1.9 Million in Cobb County, Georgia Car Accident/Motorcycle Accident Case" »