Articles Posted in Personal Injury

If you are involved in a car accident, you expect that, after the accident, the other driver will stop, get out of his car, and the two of you will call the police and exchange contact information. This is the normal way that most accidents proceed. However, sometimes the at-fault driver in a car accident does not stop after the accident, but keeps on driving. This is what is known as a “hit and run” accident. In this article, we will go over what to do if this happens to you.

Hit and Run Accidents in Georgia

Leaving the scene of an accident is a crime. In Georgia, this area of the law is codified at § 40-6-270 of the Official Code of Georgia Annotated (OCGA) and reads, in pertinent part:

2017 has not been a great year for the airline industry when it comes to customer service problems and personal injury lawsuits. This year alone, there have been several high-profile incidents involving possible abuses of customers on major airlines, including:

  • The infamous United Airlines incident in April, in which a man was forcibly dragged from his seat when he refused to leave the airplane due to overbooking. As a result of his confrontation with airline security officers, the passenger suffered a concussion and the loss of several teeth.
  • An incident on American Airlines in which a mother of twins alleged that a flight attendant hit her with a stroller during boarding of an aircraft. When a fellow passenger called out the flight attendant in question, he responded by challenging the passenger to a physical fight.

Summer is fireworks season, and that can mean injuries and trips to the hospital for many people. In 2016, there were an estimated 11,000 fireworks-related injuries, 7,600 of which were treated in hospital emergency rooms between June 18, 2016 and July 18, 2016. Most fireworks-related injuries are burns, at 69%. Parts of the body that are most likely to be injured include:

  • Hands and fingers: 33% of injuries
  • Head, face, and ears: 28% of injuries

In March of this year, a 59 year-old woman, a woman in her 40s, and a 7 year-old boy fell about 12 to 15 feet out of a Ferris wheel in Washington State when the gondola they were in tipped over. The 59 year-old was hospitalized with serious injuries, while the others were treated and released. The company that owns the Ferris wheel claims that riders who fell out had been asked to remain seated during the ride’s rotation. However, a witness at the scene claims that it didn’t appear that the riders were moving around when their gondola tipped over, and a broken part was found on the deck of the ride shortly after the accident. The witness further claims that the riders did not start moving back and forth in the gondola until the car itself started coming apart and they were trying to hold on, and that she heard a grinding sound right before the accident.

This incident raises the question of theme park and festival safety, and what riders can do if they are injured on a ride. Below, we’ll examine some of the most common theories of liability for theme park accidents.

Negligence

Now that summer is officially upon us, it means that yard work has started to become a major priority for many people. One of the most ubiquitous summertime yard work tasks is mowing the lawn. In fact, the average American mows his or her lawn about 30 times a year, which adds up to a significant amount of time. Although mowing the lawn is a fairly mundane task, it can also be quite dangerous, especially for children. In 2011, 83,291 people were treated in US hospital emergency rooms for lawn mover injuries, including 3,780 children. This is due to the fact that it is very easy for children to get caught in the path of a lawnmower, often with devastating results.

Common Lawn Mower Injuries

For most people, lawn mowers are the biggest and most powerful piece of machinery they use besides their vehicles. Although modern lawn mowers are designed with very advanced safety features, this does not negate the fact that the primary moving part of a lawnmower is a sharp blade that is designed to slice through everything in its path. Some of the more common injuries from lawnmower accidents are as follows:

Once the weather warms up, many Georgians are eager to get out on the lake. After all, what could be more fun than a day of boating, swimming, and sunbathing? However, boating accidents can and do happen, and their consequences can be severe. For example, an Atlanta man was recently charged with first degree homicide by vessel, serious injury by vessel, and boating under the influence after a deadly boating accident on Lake Blue Ridge. The accident occurred when two victims were being pulled in a tube behind the boat when the tube struck the shoreline. Although not every boating accident will carry criminal liability, boat operators can be held liable for injuries to their passengers and others through personal injury suits.

Liability for Boating Accidents

Liability for most boating accidents is very similar to liability for car accidents on land, and is often based in negligence. To win a personal injury suit for a boating injury based on negligence, the plaintiff must show that the boat operator failed to operate the boat as a reasonably prudent boat operator would have operated it and that this failure caused an injury to the plaintiff. This can include any conduct that falls below the standard of care that a reasonable boat operator would exercise–such as taking the boat out when weather conditions are not optimal, turning the boat the wrong way into a wake and causing it to capsize, going too fast to avoid hitting another vessel, or failing to provide adequate safety equipment. Boat operators can also be held civilly liable for personal injuries arising out of criminal conduct, such as boating under the influence.

Over the past decade, the rise of social media networks like Facebook, Twitter, Instagram, Snapchat, and a multitude of others have transformed the way we communicate with each other and, by extension, the way we live. Social media allows us to let others know what we’re up to and also gives us a chance to stay connected with friends and family we might not see as often as we would like. Social media has has managed to seep into almost every aspect of our culture, and the law has not been immune from its effects. When you are the plaintiff in a personal injury case, every move you make on social media can affect your claim. Below, we’ll examine a few ways that social media usage can harm your personal injury claim.

It Could Create Inconsistencies

Whenever you suffer an injury, especially a severe injury, you will get involved with a wide range of professionals, including doctors, medical personnel, insurance adjusters, attorneys, members of law enforcement, and more. The reason why all of these professionals are involved is because they are trying to help you document what happened so that you can present a clear picture to the judge or jury about exactly what happened to you. If you post about your injuries on social media and your description of them does not align exactly with the officially documented version of events, a defense attorney could seize upon these inconsistencies to diminish your case.

If you are injured in an accident and prevail in a personal injury suit, you will be compensated in the form of monetary damages.The purpose of damages in a personal injury case is to compensate the victim so that they are in the same position they would be in had the accident never occurred. Thus, damage awards are compensatory—the plaintiff receives one the amount that will make him or her whole again.Because compensatory damages are awarded on a sliding scale relative to the plaintiff’s needs, damage awards can reach into the millions of dollars. In order to cut down on damage awards that many view as excessive, many state legislatures have enacted caps on the amount of damages that juries are able to award.

How Damages Caps Work

The main argument behind damage caps is that the United States is an excessively litigious society and that too many view personal injury lawsuits as a get-rich-quick scheme. Damage caps are thus designed to discourage lawsuit-happy litigants from filing frivolous lawsuits and clogging up the court system. The main argument against damage caps is that they unfairly limit the recourse available to injured parties and that judges already have the power to either decrease or increase unreasonable damages awards. The way damages caps work is fairly simple—they are a creature of state statute, wherein the state legislature places what they consider to be a reasonable limit on the amount of money a jury can award. Some states limit damages based on the type of action that is brought in the court—for example, the damages cap may only apply to medical malpractice or wrongful death. Other times they apply to certain categories of damages, most commonly to noneconomic damages, such as pain and suffering, and punitive damages.

Any type of car accident can be potentially deadly, but vehicle rollovers are among the most dangerous. While they are relatively rare, accounting for only about three percent of all crashes, they account for about 30% of people who are killed while riding a vehicle. Many people believe that rollovers only affect SUVs and large vans, but a rollover can happen in any vehicle under the right circumstances.

How it Happens

As we said above, any vehicle can roll over but these types of crashes are much more common to tall, narrow vehicles like SUVs, vans, and trucks because these vehicles have higher centers of gravity than sedans and coupes. Rollovers are most common in turns because what happens when a car rolls over is essentially a pendulum effect. When a car makes a turn, sideways forces shift the center of gravity to one side. The faster you’re driving, the stronger these forces are. If these forces become too strong, they can cause a vehicle to roll over.

Airline employees are trained professionals whose job is to ensure that passengers are safely transported from point A to point B. Since flying is widely known as the safest way to travel, most of the time these journeys go off without a hitch, but, unfortunately, injuries do happen. Injuries sustained by airline passengers have received quite a bit of pubic attention over the past few weeks, leaving many to wonder–what can you do if you are injured by an airline employee or another passenger?

Below, we’ll take a look at how airlines can be held liable for injuries to their passengers.

Airlines are Common Carriers

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