Personal Injury

Published on: March 31, 2011

DOJ Report on Punitive Damages Awards in 2005

In any trial involving intentional misconduct or in which a defendant has consciously disregarded the consequences of his or her conduct, Atlanta personal injury lawyers will ask juries to award compensatory damages and punitive damages to the plaintiff.Cases involving punitive damages include drunk driving car accidents, construction accidents in which the worker was using drugs, trucking accidents in which the truck company negligently hired or retained a clearly unqualified driver, dog bite cases in which the dog has repeatedly bitten other persons, or other injury cases in which the defendant’s conduct is more than just negligent. As an Atlanta injury lawyer, we thoroughly investigate all cases to determine if the case is appropriate for an award of punitive damages.

Compensatory damages are meant to do just that-compensate the plaintiff for all his economic and non-economic losses as a result of the defendant’s negligence.These losses could include medical expenses (hospitalization, medical bills, doctor fees, surgeries, physical therapy and rehabilitation), plus income and lost potential income in the future.Non-economic losses could include the plaintiff’s physical pain and mental suffering and loss of consortium/affection.However, punitive damages are awarded not to compensate the plaintiff, but to punish the defendant and to deter him from committing such conduct in the future.

A new report by the US Department of Justice Office of Justice titled Punitive Damage Awards in State Courts 2005 provides an interesting summary of punitive damages awards that year. In the year 2005, there were 22 tort and contract trials in Fulton County, Georgia, which resulted in plaintiff victories.Out of these, 9% resulted in punitive damages being awarded to the plaintiff.Across the country, that same year, punitive damages were awarded in 14,359 trials that ended with plaintiff victories.

Published on: March 27, 2011

Atlanta Boy Injured in SUV Car Accident

by Robert N. Katz, Esq.

A six-year-old Atlanta boy who was injured in an SUV car accident in Cobb County is expected to recover from his injuries.The boy had been injured in the accident that occurred on Sunday at the intersection of Macland Road and John Ward Road.

The child was apparently traveling in an SUV that was T-boned by another vehicle at the intersection.The impact of the accident caused the SUV to flip over.The boy sustained a head injury, and had to be rushed to the hospital.Police are likely to charge the other driver with failure to yield.

Very often, Atlanta car accident attorneys notice that T-bone collisions which occur near an intersection, occur because one of the drivers ran a red light.T-bone accidents involve a car that crashes through traffic and into the side of another car.These side-impact accidents are some of the most injurious of all auto accidents.Side impact crashes can cause serious injuries and fatalities, because there is very little space protecting the occupants of the car from the full impact of the collision.This is unlike a frontal impact collision, where the front of the automobile absorbs much of the energy from the accident, cushioning the occupants from injuries.

Published on: March 25, 2011

Georgia Needs More Trauma Centers to Treat Injuries of Auto Accident Victims

by Robert N. Katz, Esq.

The Atlanta car accident lawyers at our firm have been blogging regularly about the need for more trauma care centers in Georgia to treat auto accident victims and others.Rural areas in Georgia have a severe shortage of trauma care centers to treat individuals who have suffered serious personal injuries. This has resulted in a significant number of unnecessary deaths. Unfortunately, a recent vote to provide a limited tax to increase the number of trauma centers was defeated.

According to estimates, approximately 700 people in Georgia are killed every year because they lacked immediate access to emergency trauma care.Many of these people were injured in catastrophic accidents, and sustained serious injuries that could not be treated without the facilities available at a trauma center.The first hour after a person suffers serious injuries is the “golden hour,” and if the person receives emergency care during this time, his chances of surviving the accident or injuries increase substantially.Unfortunately, many people who are involved in auto accidents in Georgia cannot be taken to an emergency trauma care center in time because there is not one close enough to them.

According to estimates, there should be at least 30 trauma centers in Georgia for trauma care access for all.Currently, we need at least 12 more centers to ensure that all Georgia residents live within 50 miles of a trauma center.Georgia’s trauma care network leaves much to be desired, and the average trauma death rate in our state is much worse than the national average.To make matters worse, recent budget cuts have slashed approximately $10 million of funding for the existing trauma care centers in Georgia.

Published on: March 24, 2011

Why Atlanta’s Senior Motorists May Be at a Higher Risk of Pedestrian Accidents

by Robert N. Katz, Esq.

As Atlanta pedestrian accident attorneys, we often come across cases involving pedestrians seriously injured in accidents caused by senior motorists.A new study conducted by Israeli researchers suggests that elder drivers may suffer from an inability to see things in their peripheral vision that prevents them from seeing pedestrians on the curb or sidewalk. This increases the likelihood of a pedestrian accident. Of course, auto accidents involving pedestrians often involve the most serious injuries.

The study came out of a spike in pedestrian accidents involving senior motorists in Israel.The researchers were looking at the specific challenges an elderly motorist faces as far as pedestrian safety is concerned.The researchers placed older motorists in a simulator, and measured their responses to vital safety signals.

They found that drivers above the age of 65 were half as likely to spot a pedestrian as younger drivers.Not only that, they also found that senior motorists were just half as likely to tap the brakes when they spotted a pedestrian on the curb or sidewalk, as younger drivers.This signifies one of two things-either these motorists don’t spot a pedestrian in time to react, or they don’t consider pedestrians a serious accident hazard.Either of these theories spells danger for any pedestrian in the path of an elderly motorist.

Published on: March 20, 2011

Untested Car Safety Seats Could Cause Injuries in Atlanta Car Accidents

by Robert N. Katz, Esq.

The role of car safety seats in preventing injuries to children in an auto accident is one that no Atlanta injury lawyer would deny.According to the National Highway Traffic Safety Administration, between 1988 and 1994, the use of car seats led to a 73% drop in infant wrongful deaths and a 54% drop in car accident related injuries in children between the age of one and four.However, not all car safety seats may have been tested and approved to be safe for your child.

The Washington Post warns parents against assuming that the car seat that they’re using for their child will protect them from injuries in the event of an accident.The seats that the National Highway Traffic Safety Administration regulates are only tested for protection in a front impact collision.The seats are not regulated against side-impact, rear end or rollover accidents.This is in spite of the fact that the risk of injuries and fatalities is often much higher in a rollover accident or a side-impact accident than a front impact collision.

One of the reasons why the federal agency has failed to regulate the effectiveness of car seats in these kinds of accidents is the lack of proper-sized crash test dummies.That is also the reason why the agency has failed to regulate the safety of large-sized car seats that are used for toddlers above 65 pounds.There’s a growing class of overweight children who are too heavy for infant car seats, and too young for seat belts.Car seat manufacturers have been marketing larger-sized car seats for children of this size, but the NHTSA has failed to regulate the effectiveness of these seats.One of the reasons has been the failure to develop a crash test dummy of an appropriate size.

Published on: March 10, 2011

Spotlight on Burn Injury Risks from Defective Car Seat Heaters

by Robert N. Katz, Esq.

During some of the freezing winter days that Atlanta personal injury lawyers and residents suffered over the past few months, cars with seat heaters seemed akin to a blessing from above.However, there are serious burn injury risks linked to the car seat heaters found in many popular auto models.The burn injury risk is especially significant for the disabled and physically challenged persons. Car accidents may happen, but this is a preventable injury.

In fact, just about every other auto manufacturer has, at some point, recalled car seat heaters for malfunctioning.However, the National Highway Traffic Safety Administration has never found the need to act on incidents where the car seat heaters have heated to levels beyond human tolerance.Now, a group of safety advocates has asked the federal administration to look closer at defective and malfunctioning car seat heaters that have caused serious burn injuries.

The risk of burn injuries from defective car seat heaters is the highest among the disabled and physically challenged.These people may have limited or no sensation in their lower limbs, which means that when a car seat heater heats up to dangerously high levels, the person only finds out that he’s being burnt when it is too late.Some of these people have ended up with third-degree burns.Currently, there are no federal standards in place for car seat heaters, and that has meant consumers are using seat heaters that are not required to meet any safety standards.Very often, car seat heaters do not come with a switch on/off mechanism that allows a person to switch off the heater when it is warming up to intolerable levels.

Published on: March 5, 2011

Proposed Law Would Prevent Serious Georgia Bicycle Accidents

by Robert N. Katz, Esq.

Motorists whizzing close by to bicyclists are responsible for approximately 1.2% of all bicycle accidents every year, but about 22% of those accidents result in catastrophic injuries or death.A new piece of legislation in Georgia would require that motorists passing by a bicyclist maintain a space of at least 3 feet between the vehicle and the bicycle.As an Atlanta injury lawyer, I strongly support the legislation. The legislation would help prevent accidents in Atlanta and throughout Georgia.

House Bill 180 requires motorists to pass at a safe distance from a bicycle.The term “safe distance” is defined as 3 feet.Across Georgia, bicyclists have been exposed to accident and injury risks from motorists “buzzing” past them.These risks would be avoided if the bill is passed.Although the risks that come when motorists pass too close to bicycles are common knowledge, few states have laws in place that prevent motorists from such behavior.In fact, only 16 states in the US have laws that establish a specific distance that motorists must maintain from a bicycle.Georgia, if it approves the law, would become one of the states that prioritize bicyclist safety.

This piece of legislation is one of several bicycle safety bills that are currently pending in the Georgia Assembly.Another bill, House Bill 101 defines bicycle lanes and establishes the installation of bicycle lanes to national guidelines.The bill would also require motorists to yield to bicyclists.Yet another bill, House Bill 71 would allow Georgia residents to petition their local administrations to allow them to bicycle on sidewalks.Under current laws, only children below the age of 12 can ride bicycles on sidewalks.Riding on the sidewalk may help prevent serious bicycle accidents.

Published on: February 19, 2011

What Atlanta Accident Victims Can Expect after a Burn Injury

by Robert N. Katz, Esq.

Last week, the American Burn Association commemorated National Burn Awareness Week, to highlight the dangers to children and adults from fire and burn hazards. Although the focus of the American Burn Association tends to be towards household burn hazards, Atlanta injury attorneys often come across victims who have suffered serious burn injuries in car accidents, truck accidents, and workplace accidents.

Burn injuries are easily some of the most traumatic injuries that a person can suffer. A burn injury victim can expect severe pain over the short-term, and scarring, paralysis and impaired nerve function over the long-term. The hours and days after a serious burn injury can be critical for a patient. In such cases, the skin may have been severely burned down to the deeper layers, and the patient may be at a high risk of infections.

Once the patient is discharged from the hospital, he or she could be looking at a long period of taking care of the injury and the wound site. The patient will have to be on medication for a few weeks, and will be asked to be on plenty of fluids. The injury site will be cleaned periodically, and, patients will have to take care to avoid contamination of the wound.

Published on: February 19, 2011

Infant Killed in Atlanta Truck Accident

by Robert N. Katz, Esq.

A six-month-old infant, who had sustained critical injuries in a Cobb County, Georgia truck accident, has succumbed to his injuries. Cobb County police have charged the truck driver involved in the truck accident. Any injury and death in a truck accident is sad, but that is especially true when such a young life is lost.

The accident occurred over the weekend, when tractor trailer driver Henry Lipps crashed his rig into the rear of a car. In the car were a couple and their six-month-old baby, strapped into his car seat. Both parents were injured, and taken to the Atlanta Medical Center. The baby suffered critical injuries, and was taken to Scottish Rite Hospital. He succumbed to his injuries earlier this week

Investigators believe that the tractor-trailer driver failed to brake, and crashed into three separate vehicles, including the GMC Arcadia, Toyota Highlander and a Buick LeSabre at the Windy Hill Road exit. The driver of the LeSabre and his passenger also suffered visible injuries, and were rushed to Grady Memorial Hospital.

Published on: February 18, 2011

Motorcycle Helmets May Reduce Risk of Cervical Spine Injuries from Accidents

by Robert N. Katz, Esq.

Atlanta motorcycle accident lawyers strongly recommend wearing a helmet to reduce your risks of suffering serious or fatal injury in a motorcycle accident. It’s common knowledge that wearing helmets reduces your risk of suffering a brain injury. A new study however shows that wearing a motorcycle helmet may have even more tangible benefits for persons involved in a motorcycle accident. The results of this study prove that wearing a helmet not only reduces the risk of brain injury, but also cervical spine injury.

Researchers at the John Hopkins University School of Medicine analyzed motorcycle accident collisions between 2002 and 2006. The data came from the National Trauma Data Bank. The researchers found that there was a substantially lowered risk of cervical spine injury among motorcyclists who wore helmets. The risk was as much as 22% lower compared to persons not wearing a helmet during a crash.

According to the researchers, this puts to rest a long-held misconception that wearing motorcycle helmets increases your risk of suffering a cervical spine injury. Critics of motorcycle helmet laws have long held that wearing helmets increases the risk of suffering a neck injury, and they often cite 25-year-old studies to support their arguments. The fact is that modern helmets are not just lighter and more sophisticated, but also come with added strength and complete protection.