Georgia Injury Lawyer Blog

Good Georgia Lawyer is very concerned about the Governor's new plan to turn the emergency lane on the Ga. 400 into a travel lane. Governor Nathan Deal announced this new project to convert the highway shoulder that is typically used for an emergency lane as an additional lane for traffic. The emergency shoulder is currently used for ambulances, firetrucks, and police cars who need a speedy bypass for getting through congested traffic to reach an emergency or get a patient to the hospital in time.

Emergency services operators are all expressing their alarm. Even those who simply need to use the emergency lane in the event of a car break down now will not have an option to do so, thus increasing the dangers on this particular freeway significantly. Firefighters, police officers, and ambulance drivers are against the new plan believing it will put the public at risk.

Ga. 400 rush-hour commuters know how difficult this freeway can be as it has been recently ranked as one of the nations most unreliable commutes. Nevertheless, experts say that converting the emergency lane into a traffic lane will not ease the traffic that significantly and critics contend that the heavy price tag made up of safety losses make it not worth it.

Good Georgia Lawyer regularly represents Georgians who have been seriously injured or tragically killed because of a dangerous highway condition and thus we urge the Governor and Department of Transportation to consider other solutions before sacrificing highway safety.

For example, we recently represented a U.S. military sergeant who nearly lost her life due to a tragic automobile accident on a Georgia interstate when she was hit by a reckless driver, an admitted drug addict, who had been weaving in and out of traffic. She rolled through several freeway lanes of traffic before tumbling into the emergency lane and flipping into an embankment.

Fortunately for her, other witnesses and Good Samaritans had an emergency lane during the time of this collision where they were able to pull over and assist her in while they waited for emergency medical personnel to arrive.

This client of ours sustained serious medical injuries that she will sadly suffer the rest of her life. Shortly after the automobile collision, she retained a lawyer who wanted her to settle her claim for $30,000. Dissatisfied with the legal service she was rendered, she terminated him as counsel and subsequently retained her firm. We were very honored to be able to represent her and aggressively litigated the case preparing for trial. As a result of hard work and preparation, we were able to settle her case for the full policy limits, at a confidential six figure settlement.

She recently wrote to us the following:

"I was in a horrific car accident in 2009. I was hit by a drug addict. My car did 'three-sixties' on the highway and flipped over into an embankment. My car was totaled. By the grace of God I had no broken bones but I had several other injuries.

Hopefully I will not have to use their services again...but if I ever need an attorney, I will definitely use them an no one else! Remember this name "Williams Oinonen LLC. They are the truth!!!!"

While we are grateful and honored to have been able to represent this United States Military Sergeant, we are also grateful that her injuries were not more severe. One reason this particular automobile accident did not turn out worse then it did was because the Good Samaritans and ambulance personnel who helped her had access to an emergency lane.

Good Georgia Lawyer urges the Governor and Department of Transportation to reconsider this plan for the Georgia 400. Nothing is worth more than keeping the safety of our Georgia residents first.

Tekila Mynon Glass, age 30, from Riverdale, Georgia was charged with misdemeanor vehicular homicide as a result of the death on Sept. 18, 2011 of a 1-year-old child who was in a stroller at Lenora Park in Gwinnett County.

Witnesses who observed Ms. Glass strike the child in the stroller as she backed up with her 2005 Chrysler Pacifica through the parking lot at Lenora Park on Lenora Church Road are urged to contact the Accident Investigation Unit at 770-338-5675.

Tekila Mynon Glass, was charged with improper backing which resulted in the death of Olivia Hellwig. Broooke Hellwig was the mother of Olivia Hellwig. Ms. Hellwig was pushing Olivia in her stroller when her young daughter was killed.

Olivia Hellwig was transported to Children's Healthcare at Egleston in Atlanta where very sadly she tragically died. Her mother, Brooke Hellwig, was also treated for injuries police said. Her greatest injury of course was the loss of her young daughter due to the negligence of Ms. Glass.

Gwinnett County police report revealed that Glass' vehicle carried six passengers. The police request that anyone who has witnessed the accident and has yet to speak with investigators to please contact the Accident Investigation Unit at 770-338-5675.

Good Georgia Lawyer urges our legislature to craft stricter laws that will keep pedestrians safe and prevent terrible tragedies that result in the loss of life. In the event a Georgia citizen dies due to the result of someone's negligence, then the negligent driver is generally held liable for a failure to exercise reasonable care while driving. Hopefully, it is the case that Ms. Glass carried an ample insurance policy so that the family of the young child she killed may receive damages---money given as compensation to assist a family in a personal injury suit.

In Georgia, there are two major types of damages--compensatory and punitives. Punitives punish and deter the offender from injuring someone in the future. Compensatory helps with medical bills, funeral costs, pain and suffering.

If you know someone who has experienced the loss of a loved one due to the negligence of a person or a corporation, we encourage you to seek legal advice immediately.

Good Georgia Lawyer implores all Georgians to drive carefully: always pay attention when backing up your vehicle in a parking lot. You never know what precious cargo may be in your path and your life as well as the life of someone else can change in a split second if you are not exercising caution at all times while driving.

Continue reading "Good Georgia Lawyer Discusses Wrongful Death In Georgia Due To Automobile Accident Tragedy" »

A very sad tragedy occurred for a Clayton County, Georgia family this past weekend. Franky J. Cassidy, a 24-year-old man was struck and killed while riding his motorcycle home from work. Marvlyn Eugene Martin, was drunk driving when he ran into Cassidy's motorcycle head on at 4 a.m.

Police stated that Martin had a blood-alcohol count of .192 percent, more than double the legal limit. Martin was charged with driving under the influence, homicide by vehicle, having an open container of alcohol in his vehicle and other traffic violations.

The Atlanta Journal Constitution reported that as of yesterday, Martin was held without bond on the homicide charge in the Clayton County jail.

The fact that Martin was driving intoxicated will certainly be admissible and would be the primary factor for proving punitive damages in a wrongful death lawsuit. At a trial of any civil or criminal action arising from actions alleged to have been committed by any person in violation of O.C.G.A. 40-6-391, evidence of the amount of drug or alcohol in a person's blood, breath, urine or other bodily fluid at the alleged time, as determined by chemical analysis shall be admissible. Cheevers v. Clark, 214 Ga. App. 866 (1994).

When a police officer requests a driver to submit to a chemical test because of actions alleged to have been conducted while driving a motor vehicle under the influence of drugs or alcohol, and the police officer arrests that persons, O.C.G.A. 40-6-392 requires that the police officer informs him at the time of the arrest of his or her right to an independent analysis to test the amount of drugs or alcohol present in the blood stream in order for the test administered by the police to be admissible at trial to prove the accused was driving under the influence of drugs or alcohol. Carswell v. State, 171 Ga. App. 455 (1984).

Continue reading "Wrongful Death for Clayton County Man Due to DUI Driver " »

Dear Dr. John Barge:

Our law firm urges you to submit a DOE proposed rule pursuant to O.C.G.A. §50-13-4(b) that protects our young Georgia student athletes from further injury and death due to heat related illnesses as a result of sports practice in high temperatures during the most dangerous months of the summer. As you know, just last week, two Georgia high school students have died from heat exposure during football practice - two deaths that should have been completely treatable and avoidable. These deaths are two too many.

Consequently, we ask that you take action by issuing State DOE recommendations to local county school districts, in addition to submitting a proposed rule concerning school sports safety before another student's life is put at risk.

Georgia high schools were allowed to begin "mandatory" outdoor football practice on Monday, August 1, during the midst of an oppressive heat wave. As a result, on Tuesday, two Georgia teenagers died after practicing in that heat. On Tuesday morning, Fitzgerald High School defensive lineman DJ Searcy, 16, died after practice with his team's football camp in Lake City, Florida. Later in the evening, Locust Grove High School offensive lineman Forest Jones, 16, died after passing out and spending a week in a coma after a voluntary workout with his team.

The problem, as Dr. Ralph Swearngin, Executive Director of the Georgia High School Association (GHSA) has publically admitted, is that the decisions regarding these issues are left solely to the judgment of coaches and respective school administrators. Unfortunately however, a significant lack of judgment has been displayed. It is also clear that GHSA as a voluntary association is not the suitable authority to hold schools accountable as they have limited enforcement mechanisms. Thus we urge you to step in to address this issue as you possess the leadership to demand accountability.

I am enclosing in the body of my letter a portion of a very, good article which offers concrete recommendations for resolving this problem written by Buddy Morrison, an attorney at Butler, Wooten & Fryhofer. Mr. Morrison writes:

"These two deaths come on the heels of a report by the CDC that nearly one-fourth of all emergency room visits for heat illness are attributable to football, and that August is the most common month for heat illness to occur. Over the past fifty years, hundreds of football players have died from heat-related illnesses - with most of those deaths coming in the first couple of days of practice.

Unfortunately, Georgia schools are not doing nearly enough to protect students. The Georgia High School Association (GHSA) and its member schools have failed to properly regulate practice in the heat in order to prevent the onset of heat-related illness. Even after these two recent deaths, Georgia high school coaches are still subjecting children to overexertion in dangerous heat conditions. Even worse, schools are not taking adequate steps to diagnose heat illness. Finally, even when heat illness is diagnosed, schools are not taking simple steps that would make death from heat illness entirely preventable. In sum, August football practices at Georgia high schools are unreasonably dangerous.

In response to Tuesday's deaths, the GHSA shifted responsibility by noting that it requires individual schools to submit their own written policies for practicing football in the heat. The GHSA has also been conducting a study with Michael Ferrara, Ph.D. at the University of Georgia, to study the relationship between heat levels and heat illness, but that study has not yet been completed. The GHSA stated that it may implement a uniform heat policy in the future.

The GHSA began requiring heat policies from its member schools five years ago, when a Rockdale County football player suffered a heat-related death. The policies must specify the time of day practices may be held and the amount of time allotted to rest at various heat/humidity levels, as well as set a maximum heat/humidity level where outdoor practices must be terminated. Essentially, the school must implement a sliding scale related to the heat index - when the heat index is X, practice must start before Y. When the heat index reaches Z, practice must be canceled altogether or moved indoors.
The "sliding scales" drawn up by the individual schools vary widely from district to district. Dr. Frerrara noted that "we have seen some policies that have been conservative while others have allowed practice to continue in extreme conditions." More importantly, the policies do not apply to "voluntary workouts" during the summer - only to "mandatory" workouts. So long as the players are not required to be at the workout, the coach can hold the workout in any manner he chooses regardless of the heat index. According to the GHSA, both of the players who died this week were participating in "voluntary workouts" not subject to the GHSA or school regulations.

Even for the "mandatory" practices, including the critical first week of practice beginning August 1, GSHA schools are not required to submit written guidelines for the total amount of time spent practicing, the type of equipment worn, or procedures for diagnosing and treating heat illness. Instead, the GHSA practice rules simply provide that "mandatory" practice may begin on August 1, and that in the first five days of practice, at least two days must have "players dressed in shorts, helmets, shoulder pads, mouthpieces and shoes only." For the other three days, players may wear full pads. Further, schools can have "voluntary workouts" at any time, where the players may only wear helmets and mouthpieces.

The GHSA and its member schools need not apply such a haphazard set of rules - uniform, comprehensive guidelines for practicing football in the summer are not hard to find. In 2009, the National Athletic Trainers' Association (NATA) issued comprehensive guidelines for beginning football practice that are stricter than even the GHSA practice-time rules. The NATA recommends that the first two days of practice be helmets-only and that the next three days be limited to helmets and shoulder pads. The NATA further recommends that an athletic trainer be present at every practice, only one practice per day during the first five days of practice, a maximum of three hours of practice during the first five days, and no consecutive "two-a-days" (two practices in one day) during the second week of football practice.

It is clear that, even in the wake of these two deaths, some Georgia coaches are not taking the risk of heat illness and death seriously. This week, Temple High School and West Hall High School kicked off their football camps with three-a-day workouts, and continued doing so even after Tuesday's tragic news. Schools throughout the state are still conducting two practices a day. Although many schools, including Atlanta public schools, have canceled outdoor afternoon practices during the heat wave, other schools around the state have not altered their practice plans in response to the oppressive heat.

Other coaches mistakenly place the responsibility for proper heat acclimatization on the players themselves. The coach of Mt. Zion High School attributed heat issues to players "laying on their couch all summer." The coach of Carrolton High School suggested that players participating in the "voluntary workouts" handled the heat better than other players. (The NATA guidelines call for proper heat acclimatization for all players - even those who do not participate in the "voluntary workouts" throughout the summer.) Marion County High School actually depended on the voluntary workouts to get players acclimated to the heat. Coach Mike Swaney observed: "If you let the kids stay home in the air conditioning and let them play video games and watch TV -- if they don't do anything all summer -- they will be in a situation where they'd be in a state of shock to come out in this kind of heat."

Not only are Georgia high schools failing to take adequate measures to prevent heat illness, they are also failing to adequately diagnose and treat symptoms. Although most coaches now allow players to take a break and rehydrate whenever necessary, "sometimes coaches confuse heat stroke with goofing off, so they push the players harder," said William Roberts, M.D., former president of the American College of Sports Medicine.

The most effective way to determine if a particular athlete is suffering from heat illness is with a rectal thermometer. A body temperature of over 104 degrees Fahrenheit is considered to be heat stroke. High schools are not using the best objective method to diagnose heat stroke. Depending on the athlete to volunteer that he is experiencing symptoms is not enough - first, athletes often fail to report symptoms to exhibit their "toughness," and second, an elevated core temperature decreases the athlete's cognitive ability and judgment.

Even when a player does show symptoms of heat illness, teams often fail to take adequate steps to protect their players from further damage. Water, rest, and shade are not enough. Death from heat stroke is 100% preventable, but it requires immediate and correct medical attention. "You have to diagnose [heat stroke] quickly and treat it quickly or a cascade of bad events starts to happen," Dr. Roberts said. Players who show signs of heat illness should be placed in a tub of ice water, which can reduce body temperature from above 108ºF to below 102ºF in 20 to 40 minutes. Rehydration alone cannot stop heat stroke quickly enough. According to Douglas Casa, Ph.D., director of athletic training education at the University of Connecticut, if teams kept a "kiddie pool" of ice water available at practices, they could prevent heat-related deaths. Even in August's sweltering heat, most football teams fail to take this simple precaution.

While heat illness is more prevalent in high school football than other sports, no student-athlete is immune from its effects. Baseball, soccer, and cheerleading all have their share of heat-related illnesses, as confirmed by the CDC report. Also during this time of year, the marching band practices alongside the football team in the blazing heat. Notably, these sports and activities lack even the superficial safeguards that have been implemented for football.

This week has reminded us that mixing fall football with August heat is a deadly combination. Unfortunately for Georgia's student-athletes, schools are making football unreasonably dangerous by requiring too much practice in the heat and failing to properly care for players who suffer from heat illness brought on by that over-exertion. Two sixteen-year-old boys died on Tuesday from a condition that was both 100% avoidable and 100% treatable."

Dr. Barge, we appreciate your public service to the citizens of Georgia. We ask that you address this very pressing issue before any other young person loses their life. These deaths resulted from negligent acts that occurred due to a lack of training, awareness, and judgment. If the Georgia DOE would issue guidance in addition to a proposed rule concerning athletic safety, this could insure that no other Georgia student is put at risk in the future.

Very truly yours,

JULIE J. OINONEN

Cc: Governor Nathan Deal

This is a video clip that would be hilariously funny if it was not so true. This is a conversation between an injured person and an insurance company adjuster. The insurance company adjuster represents the drunk driver who caused the injured person's broken legs and brain injury.

Many people make the horrible mistake of trusting the insurance adjuster who represents the person that hurt them. No matter what type of injury case you are involved in, this is the worst thing you can do. The insurance adjuster is not on your side! Their only goal is to try and get you to settle for as low of an amount of money as possible.

No matter how nice they may seem, they are not your friend and they do not have your best interest at heart. Do not give them a statement. Do not sign any release forms. Do not talk to them or anyone else before talking to an attorney.

Sometimes we meet injured plaintiffs who thought they could "out smart" the insurance company and settle their case themselves. Unfortunately, they do not understand who and what they are going up against--and the result is very damaging.

As you can see from this video, the insurance company's standard defense will be to try and deny that their insured had anything to do with causing your injuries as well as to deny that you are really even injured. And if you are injured, they will scour your past medical records and argue that your injuries had something to do with a pre-existing condition.

Don't go it alone! If you are suffering any type of problem make sure you seek counsel to understand all your rights and to protect your legal interests.

The second fatal collision occurred last week in Moultrie, Georgia this time involving a motorcycle and truck. The Georgia State Patrol investigators reported that a 1996 Toyota Tacoma, driven by an 81 year old man named James Henry Smith, failed to yield when crossing a road, hitting a motorcycle that was driven by 30 year old Randy Larry Harris.

Very sadly, Mr. Harris was ejected from his motorcycle and died at the scene. Mr. Harris, a young man at age 30, tragically left behind a loving wife, children, and large extended family from West Berrien. He was a diesel mechanic and shop supervisor at the Berrien County Bus Shop, and a member of Ebenezer Baptist Church. The elderly driver who hit him was given a citation for failing to yield.

Very sadly, motor vehicle crashes such as this one are the leading cause of injury and death in the United States. The most recent 2010 report put out by the CDC (Center for Disease Control) reports that motor vehicle crashes are the leading in fact the cause of death among those age 5-34 in the U.S. The financial impact is also significant: the lifetime costs of automobile crash deaths and injuries among Americans was listed at $70 billion a year just a few years ago.

Good Georgia Lawyer urges our lawmakers, city and state leaders to continue to develop programs and policies that will change behaviors to keep drivers, motorcyclists, bicyclists, and pedestrians safe on the road and fight against such terrible tragedies that result in the loss of loved ones. Although recent legislation has been passed, there is more to be done in order to protect Georgia citizens from dangerous vehicle collisions.

In the event a Georgia citizen is injured or killed as the result of someone else's negligent driving, then the defendant driver is usually held liable for a failure to exercise reasonable care and caution while driving or violating Georgia Rules of the Road which include failure to yield, running red lights, reckless speeding, hit and runs and more.

In a successful personal injury case, the injured Georgian or their family may receive damages, which is money given as compensation to help the injured person and their family. In Georgia, there are two major categories of damages that courts may award the injured - compensatory and punitive damages. Punitive damages punish the offender and deter them from hurting someone else again. Compensatory damages can help medical bills, funeral costs, pain and suffering.

The law firm of Williams Oinonen LLC urges all Georgians to drive safe: always exercise care and caution while travelling on the roadways.

New Georgia biking law General Assembly House Bill 101, which went into effect July 1, provides for safer bicycle riding for bicyclists and the motoring public.

It also spells out minimum safety guidelines for bicycle lanes in Georgia.

Georgia bikers say they hope the new law encourages motorists and bikers to be more careful. Reports of accidents between motorists and cyclists in 2009 and 2010 faulted cyclists at 48 percent of the time and motorists around 39 percent of the time. The remaining percentage was for no fault or when both parties (the cyclist and motorist) were both to blame.

Good Georgia Lawyer is encouraged that new biking laws were instituted which seek to protect bikers but urges city council and the legislature that there is more to be done in order to protect Georgia citizens. We encourage the city of Atlanta to institute a public service campaign that promotes biker safety and requires bikers to wear helmets as many other cities do. All too often bikers have suffered death or irreversible brain damage due to a head injury that might have been preventable with a helmet. All too often we see bikers riding the streets of Georgia on a death wish: weaving in and out of busy traffic lanes without a helmet, running red lights, and riding in the dark without visible clothing or lights.

Williams Oinonen LLC supports our biking clients and want to make sure cyclists' safety is protected at all times. We encourage all bikers to take the right precautions (wearing helmets, obeying road rules, staying to the right as much as practical) to avoid dangerous situations that put their life at risk.

For motorists--it is not worth putting a cyclist's life at risk and having to live the rest of your life knowing you were at fault for injuring or killing another human being. We encourage motorists to always give cyclists space, as though they were another car!

Sharing the road is a two-way street: motorists and cyclists need to look out for each other!

Georgia wrongful death lawyers at our firm have explained the laws concerning wrongful death before in other articles. Today's article will explain when a minor can still sue for the wrongful death of their mother or father who died, even if it happened years ago.

An action for wrongful death in Georgia is solely created by statute and does not exist in common law. What this means is that the Wrongful Death Act in Georgia, O.C.G.A. § 51-4-1 et seq., must be strictly interpreted and not extended beyond its plain meaning and explicit terms.

Wrongful Death Statute of Limitations Extended for Minors:

The language of the Act, given its plain and ordinary meaning, does not contain a separate, internal statute of limitation that applies specifically to a wrongful death claim. As a result, O.C.G.A. § 9-3-33, the general two-year statute of limitation for personal injury claims, applies to wrongful death claims that do not arise from medical malpractice.

Under § 9-3-33, actions for injuries to the person generally shall be brought within two years after the right of action accrues.

Consequently, the courts have made clear in Georgia that if you have a wrongful death in Georgia, you must sue within the two years of your loved one's passing in order to secure your claim. However, if your mother or father died while you were still under the age of 18, i.e. a "minor," you will still have an additional two years after you turn 18 to file a wrongful death lawsuit.

Wrongful Death: Terminating Life Support Without Family Approval:

Under State of Georgia law, the decision of whether to continue or terminate life support belongs exclusively to the patient's family or legal guardian, not to the hospital, the doctors, or the State. A claim based upon a physician's termination of life support of a child over the objections of the child's parents constitutes a claim for wrongful death. DeKalb Med. Ctr., Inc. v. Hawkins, 288 Ga. App. 840, 843 (Ga. Ct. App. 2007)

In 2007, an important case arose after a young mother named Tara Hawkins fell and sustained severe head trauma. When Hawkins arrived at the Dekalb Medical Center, she was unconscious and sadly, she never regained consciousness. Hawkins, who was pregnant, remained on life support for nearly four months.

During that time, some of her physicians believed that she was brain dead and that her baby would not survive. Based upon these opinions, DMC repeatedly recommended an and the termination of her life support. Hawkins' mother refused to agree to the abortion or termination of life support. On March 16, 2004, a DMC nurse discovered that Hawkins had spontaneously given birth to her son, Emmanuel Hawkins, without any medical assistance. Emmanuel weighed less than three pounds and suffered from numerous medical ailments.

Two days after giving birth, DMC terminated Hawkins life support, and she died that very day. There is no evidence in the record that, prior to terminating life support, Hawkins was terminally ill or that her death was imminent, nor was there any evidence that her brain function deteriorated or that her prognosis changed after Emmanuel's birth. No family member, including Hawkins' mother, had agreed to the termination of life support. Further, Hawkins did not have a "living will" or other advanced medical directive, and there was no court order giving DMC permission to terminate life support without the family's consent.

On May 15, 2006, more than two years after Hawkins' death, her mother, Nonnie Hawkins, as the next friend and natural guardian of Emmanuel Hawkins, filed a lawsuit against DMC, Marshall Nash, M.D., and DeKalb Neurology Associates, LLC. The lawsuit asserted a claim against DMC for "tortious termination of life support," claiming that the hospital discontinued life support without the permission of her mother, the consent of any family member, or a court order.

The Georgia Court of Appeals ruled that based upon the plain language of the statutes at issue, the lack of an internal statute of limitation in the Wrongful Death Act, the lack of language limiting the application of the tolling provisions in the Wrongful Death Act, and the absence of any Georgia appellate court rulings to the contrary, that the minority tolling provision of OCGA § 9-3-90 (a) applies to a wrongful death action brought by a minor for the death of a parent when the action is not based upon medical malpractice.

What this means in plain English is that if you are a person less than 20 years of age whose father or mother was wrongfully killed (outside of medical malpractice reasons) you may still have a wrongful death claim against the person or entity responsible, even if your parent died long ago.

However, because this law is so complex and because the clock is ticking on the expiration date of such a claim, it is important to seek competent, legal counsel as soon as possible.

Continue reading "Can I Sue For My Parent's Death in Georgia?" »

In Georgia, who is allowed to bring a lawsuit when someone dies? Wrongful death is a terrible thing for any loved one to go through. Oftentimes, many family members are not only emotionally affected by their loved one's loss but can be significantly impacted financially as well.

The people allowed to bring a wrongful death action are in strict order under Georgia law. Currently, the wrongful death claim is considered property of the estate of the deceased, thus potentially involving a large group of the loved one's heirs at law. This can naturally mean a lot of people could have a legal claim depending which relatives are still alive.

Wrongful death lawsuits in Georgia may be maintained primarily by three different persons or groups: (1) surviving spouse or children, O.C.G.A. § 51-4-2 (2) parents, O.C.G.A. § 51-4-4 and (3) the decedent's personal representative. O.C.G.A. § 51-4-5.

Unfortunately for the grand-kids, the statute vesting the right to recover for wrongful death in the surviving spouse or children does not permit participation in the recovery by a grandchild unless his parent was an original claimant and dies during the pendency of the litigation.Tolbert v. Maner, 271 Ga. 207, 208-209, 518 S.E.2d 423 (1999).

However, one of the many unique attributes within Georgia's wrongful death law is that it provides exclusive standing to maintain the action on the surviving husband or wife of the dead spouse without giving all the rights to the claim in him or her (without allowing her claim to all the recovery). "The spouse is required to share the proceeds with the children. This means the spouse acts not solely as an independent party but rather as an individual and as a representative of the children." Mack v. Moore, 256 Ga. 138, 138, 345 S.E.2d 338 (1986) (overruled on other grounds by, Brown v. Liberty Oil & Refining Corp., 261 Ga. 214, 403 S.E.2d 806 (1991)).

The surviving husband or wife of the dead spouse holds any amount recovered in a wrongful death action subject to the law of descents. This means the money from a wrongful death claim must be divided between the surviving spouse and the decedent's children (or the children's descendants equally if the child is dead), with the spouse taking a child's share, but not less than one-third. O.C.G.A. § 51-4-2. Illegitimacy of a child is no bar to his participation in the recovery.

In an action for the wrongful death of a parent or spouse, the lawsuit does not go away because of the death of the plaintiff. It survives to the remaining children of the deceased O.C.G.A. § 51-4-2(b) or to his personal representative.O.C.G.A. § 51-4-5. Fortunately, it is not subject to any debts of the dead person. O.C.G.A. § 51-4-2(e).

Brothers and sisters of the decedent do not have any rights to proceed with a wrongful death action. If the only relatives living are siblings, the right to file a wrongful death claim will fall upon the decedent's personal representative who would administer the estate.

In any event, all wrongful death claims have statutory deadlines that will expire if a lawsuit is not filed in time. Consequently, if you are interested in considering a wrongful death suit, it is important to seek legal counsel as soon as practicable.

Continue reading "Who Can Sue to Bring A Lawsuit When Someone Dies: Wrongful Death Law in Georgia" »

Today we would like to briefly discuss some of the steps you can take to avoid medical errors, in general. Although we help victims of medical errors seek justice and compensation, the best solution is to be informed, so you can avoid ever needing an attorney due to a tragic experience caused by medical error.

Medical errors can leave you or a loved one with severe physical injuries and emotional pain and suffering. As you know, medical errors can happen in a variety of places such as hospitals, clinics, out patient surgery centers, doctors' offices, nursing homes, pharmacies and patient homes. On this blog, we have written about prescription errors, physician errors, nursing errors, and dental errors, to name a few. And these errors typically involve medicines, surgeries, diagnosis, and lab reports. Now we would like to discuss a few steps you can take to help avoid medical errors.

Many medical errors occur when doctors and their patients do not communicate effectively. In fact a recent study supported by the Agency for Healthcare Research and Quality found that doctors need to help their patients make informed decisions. Patients who are uninformed will logically be more susceptible to making errors regrading their medical care. So what can you do:

1. Be involved in your healthcare treatment-- This could be the single most important thing you can do: participate, be an active partaker in all decisions that affect your health. Research shows that being active in your health care treatment leads to better results.

2. Make sure that you inform your doctor about all medications you are taking, including herbal remedies, vitamins, and over-the-counter drugs.

3. Make sure your doctor knows about any allergies or adverse reactions you have had to certain medications. This will help avoid prescription errors, doctors giving you the wrong medication.

4. When your doctor writes you a prescription, make sure you read it. Too many times, we pass off illegible prescriptions as "doctor talk." You must ensure that you read the prescription given to you and that you understand it. Think about it: if you can't read your doctor's handwriting, there is a good chance, your pharmacist may not be able to read it either.

5. When you receive your medication from your pharmacist, double check, by asking if the medicine you are being given is indeed the medicine your doctor prescribed. The last thing you want is the wrong medication.

6. Read the label on your medication before you leave your doctor's office or the pharmacy. If you don't understand how to take your medication, ask the pharmacist or your doctor.

7. Ask for written information about the side effects that your medication may cause.

8. Regarding hospitals, you should consider choosing a hospital that has treated many patients affected by your same illness. You should also consider asking anyone who comes in direct contact with you, to wash his or her hands (bacteria infection can cause serious illness).

9. When you are discharged from a hospital, ask the doctor to explain your treatment plan.

10. How new is the doctor who is treating you? (Regardless of whether he or she is an emergency room doctor or in-patient doctor.)

We've come across a recent article that talks about how "greenhorn" doctors ("newbies") have casued a serious spike in "fatal medication errors" throughout the United States. A recent study found that in counties with "teaching" hospitals, fatalities due to medication errors spiked each July, the same month that new doctors begin their residency.

Regrettably, even after taking some of the above-mentioned precautions and more, people will still be the victims of medical error. If you are one of those unfortunate people, call Williams Oinonen LLC today, because we will represent your case with zeal and ethics, with a view towards doing what's best for you, always.

Continue reading "Medical Errors: A Few Steps To Keep In Mind To Help Avoid Physical Injury And Emotional Pain And Suffering" »

Ideally, long-term health care facilities such as nursing homes will provide your loved one with long-term assisted living that respects their dignity. Georgia law recognizes three types of long-term health care facilities: personal care homes; skilled nursing facilities; and intermediate care homes. Some are privately owned, while others are state-owned. Some receive Medicare/Medicaid funding. And some care for the elderly or children or those who suffer from severe mental and physical challenges. Unfortunately, as the above-mentioned incident illustrates, regardless of who owns the home, or what type of long-term health facility it is, many times your loved one is mistreated (institutionally abused), a reality that really enrages and hurts both the abused person and those who love and care about him or her.

Recognizing an area of needed involvement, the Georgia legislature enacted a bill of rights for residents of long-term health care facilities (O.C.G.A. § 31-8-100). These rights include the right to receive care and treatment, and services, adequate and appropriate for your loved one's condition; the right to choose amongst different forms of treatment; the right to refuse treamenent; the right to request a different doctor; the right to participate in the care and treatment plan developed for you or your loved one; the right to privacy; and the right to only be restrained in extremely limited circumstances, amongst others.

The object and purpose of Georgia's patient bill of rights is to ensure respect for the dignity and self determination of each person living in a long-term health care facility. Additionally, because the legislature recognized the special circumstances in which these vulnerable people find themselves, and their potential to be abused and neglected, Georgia law allows you or a legal guardian to sue for damages for any violation of the Bill of Rights. Also, you should know that you may bring a suit, without exhausting administrative remedies.

Institutional abuse comes in many forms. Be on the look out for signs of mistreatment such as an unexplained or unexpected death of a patient; a serious injury such as broken bones; unexplained sores, welts and bruises; infections; unusual weight loss or weight gain; extreme dehydration; choking/gagging; and illnesses such as chronic aspiration/aspiration pneumonia (the elderly are particularly susceptible to this); and poor personal hygiene. A good lawyer will understand not only how to spot abuse but also how to uncover abuse through records request, testimony and other avenues.

Another reason you need a good lawyer to deal with nursing home abuse is the fact that there are so many laws and causes of action which apply to this situation. For example, and as stated, most long-term health care facilities receive federal and state funding, so Medicare/Medicaid regulations will apply. However, although Georgia law provides a private cause of action, many applicable federal laws such as 42 U.S.C. § 1395 do not. But the fact that a federal law does not provide a private cause of action does not mean that the standards established by those regulations cannot be used to demonstrate that a long-term heath care facility violated a standard of care it owed to your loved one.

Furthermore, you may have several different causes of action (legal claims) against the long-term health care facility. For example, you may have a professional negligence claim. This typically involves negligent conduct of a nurse or medical care provider. When a medical provider is responsible for injuring you or a loved one, hospital's may be liable for those inujuries under the doctrine of respondeat superior, which means the employer of the negligent nurse/physician/medical provider is held liable. This type of claim is classified as a medical malpractice claim; that means that a host of procedural and substantive issues are involved. If your lawyer fails to follow "particular" procedural rules, your claim could be thrown out of court, forever.

Or, you may have an ordinary negligence claim, which typically does not involve an expert opinion or the tricky rules associated with professional negligence (malpractice) claims. Or, you may have a premises liability claim or a breach of contract claim or a class action claim. As you can read, a good lawyer is necessary to properly apply the facts of your case to all the applicable Georgia and federal laws and regulations, to ascertain which claim(s) you may have, and of those claims, which ones provide you with the best opportunity to maximize your recovery.

Ultimately, the outcome of you case will depend on many variables.

Continue reading "Nursing Home Abuse: In Georgia, What Can You Do When You Or Someone You love Has Been Abused Or Mistreated?" »

Recently, a pit bull attacked a pregnant woman who lives in Cobb County, Georgia. The pit bull initially attacked the woman's dog but then attacked her. Luckily, the courageous woman kicked the dog and then grabbed its neck to protect her unborn child. We hope that both the mother and child are okay.

Everyday dogs attack people and leave their victims with serious injuries ranging from serious head trauma, facial lacerations, permanent disfigurement, broken bones, severe scarring, and sometimes death. In Georgia, as with everywhere, many times the victims are young children and the elderly. And as a person that has experienced several dog attacks, I also understand how psychologically traumatizing (long term) a dog attack can be. You/your loved one deserve to be compensated for the injuries and damages caused by dog bites, and vicious dog attacks.

We have written about dog attacks before on this blog. In that article we focused on the nuances of Georgia law that may prohibit you from maximizing your recovery, if you do not choose your lawyer wisely. In this article however we want to focus on what you should do immediately after being bitten by a dog, to help protect you and others, and to maximize your recovery for the injuries caused by dog bites, and vicious dog attacks. Whether you live in Dekalb County, Cobb County, Fulton County, Floyd County or Whitfield County, as long as you live in Georgia, you need to consider taking the following steps after being attacked (bitten):

1. Immediately seek emergency medical attention for your injuries;

2. Identify the owner of the dog that bit you and get his or her name, address, home telephone number, and social security number (if possible);

3. Take photographs of your injuries and preserve any torn clothing;

4. Detail, in writing, what happened to you (if you are in a condition to do so), being as specific as possible;

5. Do not talk to any insurance adjuster!

6. Contact a good dog-bite lawyer; and

7. Immediately contact your county's animal control authority. Here is a list of a few:

a. Fulton County Animal Control, click here
b. Dekalb County Animal Control, click here
c. Cobb County Animal Control, click here
d. Gwinnett County Animal Control, click here
e. Whitfield County (Dalton, GA) Animal Control, click here
f. Floyd County (Rome, GA) Animal Control, click here

Your animal control authority can do a few things to help you. First, if a dog bites anyone, it must be quarantined to see if it shows signs of rabies or being vicious. Second, animal control can determine if a citation can be issued against the owner and then, animal control can issue a citation or ensure that a citation is issued against the owner of the dog that bit you. Reading our other article will demonstrate the importance of the citation with respect to a violation of local leash laws and your ability to maximize recovery for your injuries.

As stated, contact a lawyer immediately, tell the lawyer about the incident, and get feedback. Typically dog bites cases involve homeowner's insurance coverage and you will need a good lawyer to deal with this process because the insurance companies' goal is to pay you as little as possible for your injuries. That means the company will attempt to convince you to settle your case before you understand the full extent of both your injuries and your legal options.

You also need a good lawyer to protect you from your own health insurance company. Many times your health insurance company will seek reimbursement for medical expenses it paid on your behalf. A good lawyer will know how to shield you as much as possible from this situation. Other issues may involve worker's compensation and federal assistance. The best option is to find an attorney who has effectively handled dog-bite cases.

Your compensation will ultimately depend on the facts of your case as they apply to Georgia law, and the extent of your injuries, especially long term. You need a lawyer who will maximize your negotiating position and demonstrate a conviction to take your case to trial, to ensure that you receive the compensation you deserve.

Continue reading "Dog Bites: What Should You Do When A Dog Bites You?" »

This article, briefly, deals with an important issue in the context of injuries suffered at a hospital due to medical negligence. The question is simple: is your case a medical malpractice case or a case of ordinary negligence on behalf of the hospital? The answer may be extremely complex and requires a keen attorney in this field. The distinction is significant because it will determine whether a significant portion of your compensation, for your injuries, will be restricted to a medical malpractice "cap." In Georgia, there exist a "cap" on recovery in medical malpractice cases. The Georgia Legislature unfortunately implemented "tort reform" legislation which harmed patients by placing a $350,000 cap (ceiling) on non economic damages (injuries) that anyone receives due to medical malpractice. That means, in Georgia, if you are a victim of medical malpractice, the compensation that you receive for your pain and suffering that cannot be proven by recorded data such as medical bills, rehabilitation, loss wages, and so forth, will be severely limited.

Currently, medical malpractice "caps" are being challenged. But until this cap is overruled or modified, you will need an attorney who can, if possible, manuever around the medical malpractice claim (cap), to give you a stronger chance at higher compensation for your injuries.

In Georgia, "simply because an alleged injury occurs in a hospital setting, a suit to recovery for that injury is not necessarily a medical malpractice action." For example, if a hospital employee commits a negligent act that injures you, the fact that the employee such as a registered nurse has expert medical credentials does not, by itself, mean that your case is a medical malpractice case and thus subject to the above-mentioned $350,000 cap. One of the determining factors is whether the negligent act required expert medical "judgment." It's complicated but one thing is for sure: the unique facts of your situation, as applied to Georgia law, must be scrutinized by a knowledgeable attorney to determine whether your case may be a case of ordinary negligence, instead of medical malpractice. For example, was your injury caused by the failure of a hospital employee to carry out a physician's instructions or some other administrative or clerical act? Or perhaps the hospital had policies and procedures that were not complied with or failed to implement polices and procedures that comply with established law. Or perhaps the medical equipment that caused your injury was inadequate: in Georgia, hospitals have a duty to provide equipment reasonable suited for its intended uses.

Basically, all the above-mentioned issues fundamentally challenge the adequacy of the services and facilites provided to you rather than challenge the expert medical judgment of a hospital employee. As stated, this area of Georgia law can be very tricky. Your lawyer must understand these distinctions, and more, to effectively represent you.

You should also consider that the characterization of your law suit as a medical malpractice claim or as an ordinary negligence claim means a lot with respect to the procedural requirements that your attorney must navigate through, in order to avoid having your case thrown out of court. The law has made medical malpractice claims tough from the start. For example, by law, if you do file a medical malpractice claim and your attorney fails to attach an expert affidavit to your complaint, then, your complaint is voidable, not void. That means, if the defense team notices that your attorney failed to comply with the law, then they may move to have your case thrown out of court. If your case is thrown out, then you will most likely be forever barred from filing the same medical malpractice complaint. But there are exceptions, especially if the defense team failed to notice the missing affidavit upon answering your complaint. Again, the rules are tricky and tedious.

Continue reading "Medical Malpractice or Ordinary Negligence: The Choice May Determine The Limits Placed On Your Compensation" »

When the National Highway Safety Transportation Administration (NHTSA) first came into being, automakers were heavily regulated as then head of NHTSA, Joan Claybrook, a Ralph Nader protégé, went after dangerous vehicles like the Ford Pinto. Claybrook, who has been aptly described as the "most ardent champion of consumer protection and the common good," has spent most of her life working to save the American consumer from one of the most significant dangers on the market today: SUV rollovers.

Recently retired as president of the consumer rights advocacy group Public Citizen, she has worked on auto safety issues for over forty years and was the head of the National Highway Transportation Safety Administration during the Carter administration.

Scientifically, Claybrook explains that rollover crashes should be well survivable: "Forces felt by an occupant who has a rollover pretention restrain and who does not contact the roof are not as violent as those experienced in a frontal impact crash."

Claybrook asserts that the physics of rollover crashes are indisputable. In her testimony before the Senate Committee on Commerce, Science and Transportation in 2008, she explained the elements of a rollover: "Rollover crashes occur over a 4-6 second time interval, whereas other crashes are over milliseconds. Consequently, the forces acting on occupants are relatively mild and the focus becomes threefold: (1) whether the restraint properly and safely keeps the occupant in the survival zone of the vehicle; (2) whether the vehicle structure maintains the occupant survival space; and (3) whether the portals of ejection, e.g., side windows, stay intact thus preventing exposure to partial ejection."

Yet despite the fact that rollover fatalities can and should be avoidable, there has been a long history of the American auto industry resisting safety standards that would mitigate such fatalities. Additionally, "in this era of active products liability litigation and frequent media coverage of product safety issues, it is surprising that one kind of product-related accident has caused thousands of avoidable deaths and injuries but has received virtually no legal attention."

Continue reading "Wrongful Death from SUV Rollovers Part Two" »

The alarming fact is that each year, more than 10,500 people die in SUV rollovers, and another 24,000 to 30,000 are seriously injured. And, families will keep being torn apart until the National Highway Traffic Safety Administration enforces a "comprehensive dynamic rollover standard that covers belt performance, door and glazing retention, and roof crush" and enforces adequate roof crush testing.

Several decades ago, rollover crashes were few: in 1969 there were just 1,400 deaths in rollover crashes because pickups were primarily driven as work vehicles and the SUV was not yet marketed as a passenger-carrying vehicle. But over the course of the latter end of the 20th century, the auto industry commenced on a strategic advertising campaign to convince the public that SUV's were "the station wagon of the future." Thus, a product originally suited for off-roading, outdoors terrain, became a ubiquitous sight driven by everyone from hip hop stars to soccer moms on urban freeways and suburban cul-de-sacs across America. As a result of this, families are losing loved ones at a rate of over 10,000 per year.

Starting almost two decades ago, the influential Insurance Institute for Highway Safety (IIHS) alerted the industry that utility vehicles were rolling over at five times the rate of passenger cars. Currently, although rollovers account for less than three percent of passenger vehicles in all police-reported crashes, they make up about twenty three percent of passenger vehicles in fatal crashes. The National Highway Traffic Safety Administration's latest report documents that in 2007, there were 10,194 fatalities in rollover crashes, accounting for approximately 1/3 of all highway occupant fatalities." As of this year, "motor vehicle accidents are the number one killer of people aged 3 to 33, and rollover crashes account for a disproportionate and unnecessary number of these deaths."

Why are SUV rollovers so deadly? The primary reason lies with the design of the vehicle. The narrow wheel base and a high center of gravity, gives them the propensity to 'trip' even at a low rate of speed when it grazes a curb, slightly swerves or hits a soft shoulder. However the most fatal feature of the SUV occurs from the result of the rollover: roof-crush. Without roll bars or other reinforcement, the top of the SUV roof crushes down on the heads and necks of the passengers when the full weight of the vehicle lands on it. When that happens, fatal consequences occur.

If the roof is too weak, the vehicle support pillars will collapse, crushing the roof and doors, including areas which hold the seat belt mechanism in place. The doors and roof, pushed down like an accordion, will cause the seatbelts (attached to the top of the roof and window) to break, no longer holding the passenger in place. Additionally, the crushing roof will cause the windshield and side windows to break open, creating portals where occupants, without the protection of working seatbelts, will be ejected. Consequently, two outcomes generally occur: either the passengers will be fatally ejected from the vehicle; or the roof will crush down onto the heads and spine of those trapped inside.

Despite these risks, the auto industry refused for decades to reinforce roofs or even acknowledge the deadly dangers of roof crush despite pleas from numerous consumer rights groups. Furthermore, over the past several decades despite empirical evidence to the contrary, the auto industry systematically denied the dangers of roof-crush and deliberately pressured federal regulators and lawmakers to otherwise protect the public from this avoidable product design.

Continue reading "Why SUV Rollovers Cause Wrongful Deaths Part One" »