Personal Injury & Wrongful Death

When one purchases an automobile insurance policy from their insurance agent, the real reason that the policy is being purchased is to comply with Georgia law, which requires that all automobile drivers have minimum limits of liability insurance in the amount of $25,000.00 per person, $50,000.00 per accident. What this means is that if a driver is to drive lawfully under our laws, one must be financially responsible. If one runs a stop sign and injures another individual and breaks their leg, as an example, all drivers must have at least $25,000.00 in coverage which will provide some minimum coverage for the innocent victim of an automobile accident.
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Our Atlanta attorneys frequently litigate motorcycle accident cases. Our experience over many years shows that in almost all cases the motorcyclist was not at fault.

Recently, the Atlanta media reported a case in which a young man was fatally injured in the Little Five Points district when the scooter he was driving was hit from behind by a vehicle.

Allstate insurance company has conducted a study of the most dangerous intersections in Atlanta for motorcycle riders.
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As teens begin summer vacations, a disturbing warning has been issued by the U.S. Department of Transportation.

The latest data from U.S. Department of Transportation’s Fatality Analysis Reporting System show that the deadliest days of the year for teens ages 15-19 are in the months of May, June, July and August. During these four months, nearly twice as many teens died on the roads each day as compared to the rest of the year – for an average of nearly 16 deaths per day (15.9) – compared to an average of nearly nine deaths (8.8) per day during the year as a whole.
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We read in the paper this week news articles about various traffic incidents involving pedestrians. In one case a drunk driver hit a pedestrian who was walking in a crosswalk at an intersection. The drunk driver apparently ran the stop sign running over and killing the pedestrian. In another case, again, a pedestrian was in a crosswalk and a driver simply failed to pay attention to the situation and ran over the pedestrian, seriously injuring the victim.
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We read in the paper this week about a tragedy involving a motorcyclist who was struck and killed by a drunk driver. According to news accounts, the drunk driver was completely at fault in the incident and struck the innocent motorcycle rider from the rear. Regrettably, this case is indicative of the dangers to which all motorcycle riders are exposed. Such dangers are exponentially increased, obviously, when a drunk driver is involved.
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Approximately 2 years ago we published an article on the dangers of unsafe and dangeous glass products. We re-print this article because of the tragic death of a young woman who fell to her death this week after falling through a window at a hotel in downtown Atlanta. This accident was preventable but occurred because safety glass was apparently not properly used. In today’s modern age, with the known dangers involved, this is inexcusable. Our earlier blog entry is posted again in view of this tragedy:
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If a 28 year old male is killed and hypothetically he should have a 48 year life expectancy, when killed at age 28, the decedent has lost 46 years of his life according to the Annuity Mortality Tables of most states. Forty-eight years translates into 46 years times 365 days a year times 16 hours a day of consciousness (46x365x16=268,640 hours). Because we sleep for 8 hours a day, if one argues before a jury that the decedent would have consciously enjoyed life for 46 years times 365 days a year times 16 hours in a day this would result in the loss of 268,640 hours of life.
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As every individual is unique, so is the challenge faced by a trial attorney in trying to address a jury on the issue of the proper measurement of damages in the wrongful death case of any individual. All individuals are different. They come from different backgrounds and they are different ages, sexes, races, nationalities and religious beliefs. Whoever the unfortunate victim in a wrongful death case may be, the challenge is coming up with the best assessment of addressing damages when trying to obtain compensation for the loss of the full value of the life of the decedent. While all wrongful death cases involve the death of an innocent victim caused by the negligence of a third party, nonetheless, the measure of damages in all such cases is completely different depending upon the unique circumstances involved. As an example, there is a considerable difference in the measurement of damages of a young person verses an older person because the measurement for damages is the full value of the life of the decedent. Someone who has lived to 80 years of age and may only have a life expectancy of 5 years has a different loss than does a decedent who is only 20 years of age and loses 60 to 65 years of their life.
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According to a recently released report authored by the Centers for Disease Control and Prevention, car accident cases and wrongful deaths cost the State of Georgia approximately $1.5 billion in the calendar year 2005. Regrettably, this is the most recent data which as been collated and studied. Nationwide, car accident related deaths cost approximately $41 billion. Georgia ranked number 4 among 10 other states with the highest medical and work lost costs associated with preventable deaths caused by motor vehicle collisions.
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Georgia Governor Nathan Deal has signed a new law requiring all children under the age of 7 to be placed in booster seats unless they are over 40 pounds in weight and/or stand more than 4 feet 9 inches tall. The new law will go into effect this coming January to give parents time to purchase booster seats if needed. The reason for the new law: Protection of our children. Authorities have tracked injuries to children over the last five years and have determined that the vast majority of children injured in car accidents were injured because they were not properly restrained. In short, children were receiving preventable injuries and hopefully this law will assist in decreasing those numbers.
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