Atlanta's best lawyers, and attorneys throughout Georgia, will readily admit that slip and fall cases are among the most difficult to win. This is because the law as it currently stands in Georgia heavily favors store owners. In particular, in order to establish that a store owner is liable for the injuries in a slip and fall case, Georgia personal injury attorneys are required to establish: (1) that the owner either knew, or should have known, of the dangerous condition which caused the fall; and, (2) that the injured victim did not have knowledge of the condition. The hardest of these elements to prove is the knowledge of the store owner. The law as is currently stands does not require a store owner to check it's aisles for dangerous conditions at very frequent intervals. Some cases hold that a walk through every 90 minutes is satisfactory, and if a dangerous condition occurs within that interval it would not be required to have knowledge of that condition. This is very unfair to injured victims as it does not require the store to be very proactive in preventing dangerous conditions from arising.

Our attorneys have been very successful in pursuing premises liability/slip and fall cases in Atlanta and throughout Georgia, but it is critical that we are contacted by the injured victim as soon as possible. The reason for this is that we want to make sure any evidence which establishes that the store owner failed to conduct a search of its store is preserved. Store surveillance videos are a great source for establishing this, and, as many such tapes are erased every 30 days, we want to demand that the store owner refrain from erasing the tapes.

A wrongful death and pain and suffering claim was filed by Atlanta lawyers retained by the family of the decedent. The case was presented to a jury last week and, after only three days, the verdict was returned. Because the decedent was killed while at work, the family of the decedent is also entitled to a recovery under Georgia workers compensation laws.

As an Atlanta personal injury attorney and workers compensation lawyer, I am grateful that our Georgia juries are willing to issue large awards to the victims of tragic incidents such as this one. We have recovered millions of dollars for our injured Clients, and we continue to be inspired when verdicts like this are issued. Many of Georgia's best lawyers are in located in Atlanta, and it these types of vedicts are a testament to this.

In circumstances where an individual causes a car or truck accident while under the influence of alcohol, attorneys and lawyers in Georgia may seek an award of punitive damages. Punitive damages may be awarded where a jury finds that the conduct of the defendant was so egregious that it amounted to a reckless disregard for the safety of others. The concept behind an award of punitive damages in a motor vehicle collision is that the defendant should be punished as his or her conduct amounts to more than mere negligence. The conduct almost borders on an intentional act as the defendant entered his or her vehicle with knowledge that he or she would be unable to operate a motor vehicle in a safe manner.

In Georgia, a blood alcohol level of .08% or higher validates a criminal charge of driving while under the influence. Under Georgia law, however, there is also an inference of driving under the influence where a driver is measured with a blood alcohol content between .05 and .08. This inference creates a presumption that the driver may have been impaired by alcohol, and attorneys for the driver are forced to rebut this inference in order to prevent a conviction.

The Atlanta metropolitan area far and away accounted for the most car or truck accident fatalities within the state last year. Fulton County had 123 deaths, Gwinnett County 93, DeKalb County 85, and Cobb County 65. Adding these figures together, 1 car or truck accident fatality occurred in one of these counties for every 10 throughout the rest of Georgia. Every county in the state had at least 1 motor vehicle death, with the exception of Clay County, Jenkins County, Lincoln County, Miller County, and Wilcox County.

In reading through the Georgia Office of Highway Safety statistics, our firm was interested to learn about the type of vehicles associated with traffic related deaths in Georgia last year. Of all car or truck related fatalities, 1035 involved a passenger vehicle of some sort, while 511 involved a pickup truck. The most alarming statistic, however, related to the use of seatbelts. Stunningly, 301 the 1703 fatalities involved an occupant who was not wearing a seatbelt at the time of the collision. This accounted for almost 20% of all deaths on Georgia's roadways last year.

After Fulton County, DeKalb County (31,792), Gwinnett County (30,889), and Cobb County (26,526) account for the most car accidents in the state. Combining these four metropolitan counties, the statistics evidence that almost half (139,701) of all car and truck accidents happen in the Atlanta area. Outside of Atlanta, Savannah's Chatham County is the most dangerous with 13,637 motor vehicle accidents last year.

Given our unique position as Atlanta based car and truck accident lawyers, we have long realized that the roads and highways in the Atlanta metropolitan area are very dangerous. We have represented hundreds upon hundreds of individuals who have suffered an injury, or who have suffered the wrongful death of a loved one, as a consequence of a car or truck accident. Nonetheless, we continue to be astonished as new statistics show just how hazardous our roadways are. We are also constantly stunned that, despite increased motor vehicle collision and fatalities, many drivers continue to drive with wanton and reckless abandonment for the safety of others.

As Atlanta car accident lawyers, we are thrilled with this ruling. The practical effect of the Court's decision is that the 2-year statute of limitation is now virtually eliminated as a traffic citation is issued in conjunction with almost every car or truck accident in Georgia. During the last several years, the legislature, operating at the request of insurance companies, has passed a number of laws which have suppressed the rights of individuals who have suffered a personal injury via a car or truck accident or medical malpractice. This ruling swings the pendulum back toward Georgia personal injury attorneys and their clients, even if it's ever so slightly.

The next big decision that is awaited by lawyers and attorneys in Atlanta and throughout the state is the Supreme Court's ruling on the constitutionality of a statute which places cap on punitive damages in medical malpractice cases. As we've discussed previsously in this blog, the statute has been challenged continuously since its passage and a ruling by the Court deeming it unconstitutional would be another big victory. Let's hope that the Court continues to reemphasize the rights of injured Georgian's by declaring this legislative measure invalid.

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.

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.

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.

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.

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.

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.