Georgia Injury Law Blog

Published on: June 15, 2018

How Quickly do You Have to File a Wrongful Death Claim?

A wrongful death claim can help offset many of the financial damages caused by the death of a family member. In the state of Georgia, it is also important to file the claim timely before the deadline passes. This is one of the main reasons you should consult with an attorney soon after the accident to protect all of your legal rights.

Wrongful death claims can help family members and survivors recover compensation for the loss of the decedent’s income, loss of future earning and other damages like loss of affection, loss of parental guidance, and loss of consortium, as in the case of the death of a spouse.

A wrongful death claim can arise when a death has occurred as the result of the negligence of another. Examples can be claims that are filed after deaths in car or motorcycle crashes, deaths in slip and fall accidents, or deaths that occur as a result of the use of a defective product. The statute of limitations may differ depending on the circumstances of the incident that has occurred.

Published on: May 30, 2018

Pedestrian accidents are on the rise.

by Robert N. Katz, Esq.

It is no secret that pedestrian fatality numbers in the state are on the rise. According to the Governor’s Office of Highway Safety, in 2017 alone 1,454 pedestrians died in accidents across the Georgia.

As the number of pedestrian accidents in Georgia continues to increase every year at least, one community is taking firm steps to reduce those deadly statistics. The Governor’s Office of Highway Safety recently lauded the community of Macon for the steps that the city is taking to reduce pedestrian fatalities. The Governor’s Office of Highway Safety recently announced a grant of $20,785 to the city of Macon and its On the Move campaign.

The city of Macon has seen more than its share of pedestrian accident fatalities. In fact, it was recently ranked second in Georgia in the number of pedestrian fatalities per capita. In response to those alarming statistics, the city’s administrators have put their heads together to announce a new initiative. The Macon Commissioner recently formed the Macon-Bibb Pedestrian Safety Review Board to analyze pedestrian accident fatalities across the community. One of the Board’s first initiatives is the Cross the Walk campaign. The campaign is designed to inform and educate people about safe and responsible ways of crossing the street.

Published on: May 15, 2018

ADHD and Increased Accident Risks

by Robert N. Katz, Esq.

Once a teenager obtains his or her driver’s license, many a parent has spent many nights worrying about their teen’s safe driving. For parents of teens diagnosed with Attention Deficit Hyperactivity Disorder (ADHD), this can be especially true.

Teenagers are already grappling with controlling their emotions, judgment, concentration and actions, which already places them in a high-risk category for accidents. However, for a teen with ADHD, impulse control and focusing on a task, such as driving, is even more difficult. Many teens with ADHD also struggle with being easily distracted which can make putting such a driver behind the wheel can be that more dangerous.

A new study has found that teenagers who have ADHD have a higher risk of being in a car accident than teenagers without the diagnosis. While teens with ADHD seem to delay getting their license by six months after being eligible, once they do get their license, they have a 36 percent higher risk of being in a car accident as compared to teens without ADHD who have recently obtained their license. These statistics were seen in both male and female teens.

Published on: April 26, 2018

Is Climate Change Linked to Increasing Traffic Accident Deaths?

by Robert N. Katz, Esq.

Climate change has been in the news for years now regarding its effects on weather related tragedies. From eroding coastlines, rising poverty levels and soaring temperatures -climate change is blamed for an entire range of global disasters. Every region on the globe, including Georgia, has seen dramatic shifts in its weather. However, could these changes in weather also be linked to increasing highway accident fatality numbers?

It appears that they could. Traffic safety experts have been trying to understand why road accident fatality numbers have been increasing since 2015, after several decades of a downward trend in fatality numbers. Earlier, safety experts focused on increasing rates of cell phone use by motorists as the leading factor causing this increase. However, they were later able to debunk that theory because there was no increase in smartphone use during the period of time that they studied. They then changed their focus to another possible factor-the weather.

Temperature increases are likely to be at least partly the reason why we are seeing an increase in the number of people dying in traffic accidents. Warmer weather simply means more people out on the road. People drive, walk, bicycle and ride their motorcycles more in warmer weather, than in wet or snowy weather. The experts found in their analysis that pedestrians, bicyclists and motorcyclists – people who are much more likely to be out walking, riding or bicycling during warmer weather – accounted for a large percentage of traffic accident fatality fatalities during the study period.

Published on: March 21, 2018

Driving with Diabetes: Accident Risks and How to Navigate These

by Robert N. Katz, Esq.

According to the most recent statistics, more than 100 million Americans suffer from diabetes or have pre-diabetes. In Georgia, almost 1.2 million people suffer from diabetes, and an estimated 241,000 have diabetes but don’t even know it.

Suffering from diabetes can place a driver at risk for certain symptoms that can increase their chances of being in an accident. A person who suffers from diabetes may suffer from sudden low levels of blood sugar that can cause symptoms such as disorientation and confusion. This could trigger a potentially devastating medical emergency at the wheel.

Clearly, there are many motorists in who are driving under the ever-present risk of having a medical emergency at the wheel. Persons who suffer from diabetes may continue to drive, but it is important for them to understand if their symptoms are so severe that it could impact their safety and increase their accident risk. No one suggests that diabetics avoid driving. However, as with several other medical conditions, it is important for you to know if your symptoms are so severe that they could possibly cause you to black out or become disoriented.

Published on: February 21, 2018

Georgia Hospitals Rank at the Bottom of the List In Patient Safety

by Robert N. Katz, Esq.

In a 2017 report from Leapfrog Group, Georgia hospitals were listed near the bottom of the list at 40 out of 49 when it comes to patient safety. On the bright side, 14 Georgia hospitals were rated “A, ” and none of Georgia hospitals received an “F” rating.

The Leapfrog rankings are based on hospital performance in the prevention of medical errors, injuries and infections. As part of the report, grades were assigned to more than 2,600 hospitals across the country. Grades were assigned from “A” to “F,” and approximately 1/3^rd of the hospitals were graded as “A.” Leapfrog also handed out more than 660 “B” grades, 964 “C” grades and 159 “D” grades. 15 hospitals were rated “F. “

According to Leapfrog, errors, accidents, infections and injuries are some of the leading causes of injuries and fatalities in American hospitals, and patients deserve to know how the hospitals in their neighborhoods performed on important patient safety parameters.

Published on: January 25, 2018

Stress is a Major Factor in Emergency Room Medical Errors

by Robert N. Katz, Esq.

Medical errors are one the leading causes of death in the United States, and accounts for about 250,000 deaths per year. That number is almost half the population of the City of Atlanta. In fact, it is estimated that about one third of the people admitted to a hospital will fall victim to a medical error.

Stressed-out doctors are at a great risk of making errors in the emergency room where even the smallest error can translate into a fatal mistake. Managing stress effectively is critical to reducing these risks.

A new study by the BMJ Open finds that the risk of errors increases with the stress level of doctors in the emergency room. In the study, researchers obtained blood and saliva samples of 20 residents working in an emergency room. They analyzed the samples which were obtained both before and after the emergency room shifts to understand the stress levels of the doctors. They also questioned the doctors about the number of patients they treated, the number of errors made, and the number of “near-miss” incidents they experienced. A “near-miss” incident was defined as an act of omission that could possibly cause harm to patients.

Published on: December 26, 2017

Georgia’s Dram Shop Laws: What to Know If You’re Hosting a New Year’s Party

by Robert N. Katz, Esq.

As you’re making plans to ring in the New Year, make sure you are not unwittingly breaking Georgia laws if you are hosting a New Year’s Eve party this year.

While you want your guests to enjoy your event, if you are planning on serving alcohol, you should be aware of the fact that you could be held accountable for your guests’ actions after they have had a few drinks at your party. That accountability is outlined under Georgia’s dram shop and social host liability laws.

Under Georgia law, a social host, or a person who hosts an event or a party, may be held liable for any injuries caused by persons who have consumed alcohol served by the host. In other words, you could be held accountable for serving alcohol to a person who leaves your event and causes an accident that results in injuries.

Published on: December 12, 2017

Top 10 Dangerous Toys to Avoid This Holiday Season

by Robert N. Katz, Esq.

From choking and suffocation hazards to burn risks, there are a number of ways that the toys on this year’s list of most dangerous toys of 2017 can harm your child. The consumer watchdog group World against Toys Causing Harm has made the job gift giving easier by compiling a list of the most dangerous toys this season. There have already been countless children injured in Georgia by these dangerous toys. If you’re considering buying any of the following toys as gifts, you may want to reconsider.

According to World against Toys Causing Harm, as reported by Consumer Reports, the toys on this year’s list are dangerous for a number of reasons.

The Hallmark Itty Bitty Baby Stacking Toy-These toys can pose a serious choking hazard to children. The Consumer Product Safety Commission recalled these toys in August 2017, but parents can still access these toys online.

Published on: November 28, 2017

Stricter State ATV Laws Can Prevent Child Injuries

by Robert N. Katz, Esq.

ATVs are the most popular off-road vehicles. However, these vehicles are far too heavy and bulky for children to handle. ATV vehicle use is linked to more than 3,000 fatalities in the United States over a span of three decades. More than 50% of these fatalities involved children.

The state of Georgia has some of the highest rates of ATV accidents involving children in the country. Lawmakers must invest time and resources in enacting legislation that sets restrictions on children’s use of all-terrain vehicles and other off-road vehicles.

Children below the age of 16 should not be allowed to operate ATVs. Unfortunately, far too many parents believe that it is safe to let their children operate such a heavy vehicle not realizing that it poses a tremendous risk of severe injuries in an accident.