Articles Tagged with Personal Injury

In Georgia, if an individual loses her or her life due to the negligence of a third party and is not survived either by a spouse or children, the cause of action for the wrongful death of such an individual vests in the surviving parents. If both parents are alive, the cause of action is vested jointly in the parents if they are living together. If one parent is deceased, the right is in the surviving parent. If both parents are living, but are divorced, separated or living apart, the right shall be in both parents but either parent may proceed on behalf of the other. In such a case, the non-participating spouse is bound in the action brought by the other spouse.
If an individual is killed due to the negligence of a third party and that person was born out of wedlock, under Georgia law, such a fact shall be no bar to recovery and a surviving parent can sue for the wrongful death of his or her child. However, failure of a parent to provide support for the child during his/her life can diminish the parent’s right to share in the recovery. In short, if the surviving parents are separated or divorced, under Georgia law, the Court will determine an equitable apportionment of any wrongful death recovery based on the nature and extent of relationship of the parents to the deceased child.

The Atlanta consumer and product liability lawyers of Finch McCranie LLP have successfully litigated cases against auto manufacturers for serious injury and death caused by defects in their products. Now, as a result of the bankruptcy of GM and Chrysler, many deserving victims of these defective products may be left without recourse.

The bankruptcy proceedings currently underway will leave consumers currently bringing personal-injury and product-liability lawsuits against Chrysler LLC and General Motors unable to continue their actions and receive compensation for their injuries. In effect, the auto manufactures are getting a free pass for years of incompetent management practices and their victims are being left powerless.

Typically, lawsuits are stayed while a company is in bankruptcy. Plaintiffs and other unsecured creditors are among the last to be paid by a bankrupt company, if they are paid at all. Plaintiff’s lawyers in the Chrysler case objected to the sale of the company’s assets because they suspect that there won’t be any money left, even if they were to win their cases.

In Part I of this series, we set forth the provisions of Georgia law for wrongful death actions where surviving spouses were involved. In this article, we shall address actions by surviving children under Georgia’s wrongful death statute where a spouse does not survive to bring such a case.

If a parent is killed due to the negligence of a third party and is not survived by a spouse but is survived by children, the cause of action for the wrongful death vests with the surviving children. The fact that a child is born out of wedlock is not an issue and all surviving children are treated equally. A minor child has to bring such an action through a responsible adult or a Court Appointed Guardian. Step-children, however, have no right to pursue a wrongful death action for the death of their step-parent.

If a single parent is killed, such as a single working mother, obviously, a surviving ex-spouse has no right to bring the claim for wrongful death because such a claim belongs to the children and not to an ex-spouse. If the ex-spouse, however, is appointed as a Guardian of the children born between the two, such an ex-spouse could be appointed by the Court to protect the interests of the children. However, any recovery for the wrongful death of the deceased single parent would belong solely to the children and the ex-spouse could collect nothing in his or her own individual capacity, but would rather proceed solely in a fiduciary capacity.

A lawsuit has been filed by Georgia surgery centers against Blue Cross Blue Shield Healthcare Plan of Georgia Inc. and Blue Cross and Blue Shield of Georgia, seeking class action. The lawsuit, like many others around the country attacks the insurer’s practice of discouraging visits to out-of-network providers by reimbursing procedures at a tiny fraction of “usual and customary” charges.

The suit is similar to one filed earlier this year by a dialysis provider against Blue Cross. That suit was dismissed. The new suit alleges Blue Cross members paid higher premiums in exchange for the flexibility to receive coverage for care from providers who are not part of the plan’s preferred network.

Blue Cross Georgia is alleged to have engaged in the practice of targeted out-of-network providers, including ambulatory surgery centers, for a drastic reductions in reimbursement to a mere fraction of usual and customary charges. The suit alleges these practices violate federal and state laws protecting patients and providers, as well as Blue Cross Blue Shields contracts.

One of area of confusion to the public is determining who has the right to bring a wrongful death action in Georgia. Because our firm handles many such cases in Atlanta and throughout the State, we have decided to blog on this area of the law so that the public will better understand the provisions of Georgia law which control wrongful death actions.

In this article we shall focus on the rights of a spouse who is married to an individual killed by the negligence of a third party. In all such cases, where the decedent is married at the time of death, only the surviving spouse may bring a wrongful death action. Interestingly, however, any spouse that brings a wrongful death action on behalf of a deceased partner does so in a fiduciary capacity if children are involved.

O.C.G.A. § 51-4-2(a) provides that:

We receive many inquiries from Atlanta consumers regarding the safety of products apporved by the federal regulatory agencies. During the Bush administration many consumers here in Georgia and elsewhere have expressed concern and bewilderment that certain drugs and products banned in other countries were “approved” by federal agencies for distribution in the United States.

Now, the Food and Drug Administration, FDA, has announced it is reviewing a controversial decision it made last year — the conclusion that BPA, a chemical used in baby bottles and food containers, is safe for infants.

The announcement came just hours after two members of Congress sent a letter to new FDA Commissioner Margaret Hamburg questioning that decision Commissioner Hamburg has pledged to restore confidence in the agency by putting science first in its decision-making process. This is encouraging news as during the past administration many such decisions seemed to be based upon political grounds.

When I was in high school, I was hired as a forklift driver at a textile plant. I was given no training whatsoever, had never operated a forklift and within hours was lifting huge pallets of heavy materials high into the air for placement on warehouse shelving. Fortunately, I did not injury anyone or kill myself, but I easily could have. Indeed, that same summer a high school friend of mine lost his life when he accidently drove a forklift backwards off of a loading ramp, killing himself in the process.

Just a month or two ago, here in Atlanta, I read about a news story where one employee at a car dealership was training another employee on how to drive a forklift when the co-worker overran the employee killing him. Here at Finch McCranie, we have represented individuals who were involved in industrial accidents where they were struck by forklifts inside of manufacturing facilities. These cases typically result in very serious personal injuries involving amputations, paralysis or death. Incredibility, my experience in high school is repeated over and over again as oftentimes the operator of these forklifts has been provided little or no training. Today, this is a violation of OSHA regulations. It was not in the 70’s and 80’s.

Forklifts are very heavy and very dangerous industrial vehicles involved every year in a large number of deaths and serious injuries in the workplace. Many of the injuries and fatalities committed while these vehicles are being operated could have been prevented if the operators had been properly trained and/or had properly protected themselves. Oftentimes, the operators of these vehicles are not wearing seatbelts and/or seatbelts are not even provided for their use. If such a vehicle overturns, because of its weight, the operator can be crushed.

Bus accidents have been a problem in Atlanta and Georgia for many years. Recently, the lawyers of Finch McCranie LLP were able to secure a very favorable settlement for the most seriously injured survivor in the Bluffton Bus crash which occurred here some years ago.

Now, in an encouraging move, the National Transportation Safety Board is recommending charter bus companies come up with better plans to deal with crashes in remote areas. Last Friday, the NTSB sent recommendations to the American Bus Association and the United Motorcoach Association. The list suggests detailed contingency plans and information about driving through remote areas where there is no wireless telephone coverage.

In January 2008, nine people died and 43 others were injured in a bush crash near Mexican Hat, Utah, as they returned to Phoenix, Arizona from a weekend ski trip in Telluride, Colo.

Potentially dangerous trampolines which have been sold in the Georgia and Atlanta areas are the subject of a recall. The U.S. Consumer Product Safety Commission in cooperaation with Skywalker Holdings announced a voluntary recall of about 60,000 trampolines manufactured in China and distributed by Skywalker Holdings LLC, of Brigham City, Utah.
The recall applies to the Skywalker Holdings 13-foot Square Trampoline and Enclosure Combo. The units have blue spring pads, a black net enclosure, and a jumping mat. “Skywalker Holdings” is printed on a label located under the jumping mat and on the enclosure net.
The straps supporting the top of the trampoline’s enclosure to the poles can fail. The enclosure could drop if these straps break, posing a risk that a user could fall from the trampoline.
To date Skywalker Holdings reports it has received at least 250 reports of straps breaking. No injuries have been reported.
The trampolines were sold at specialty stores and major retailers nationwide and online from January 2007 through February 2009 for between $400 and $600.
The CPSC advises that consumers should immediately stop using the trampolines and contact Skywalker Holdings to obtain a free repair kit. The contact information provided is as follows:
Consumer Contact: Contact Skywalker Holdings toll-free at (866) 603-5867 between 8 a.m. and 5 p.m. MT Monday through Friday, or visit the company’s Web site at www.skywalkertrampolines.com.

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As a Georgia injury lawyer, I read almost everyday about a death or serious personal injuries sustained as a result of an All Terrain Vehicle ATV accident. With the increasing popularity of ATVs it is inevitable that there will be more accidents and injuries; however, most are preventable. Without exception, most ATV accidents can be traced back to a rider who broke at least one of the ATV Safety Institute’s Golden Rules. Whether you’re riding in a public park or on private land, keep these eight guidelines in mind:

Always wear a helmet and other protective gear.

Never ride on public roads — another vehicle could hit you.