When someone is killed due to the negligence of a third party, a wrongful death action can be filed in order to recover the “full value of the life of the decedent” as determined by the “enlightened conscience” of fair and impartial jurors. The measure of damages is defined exactly this way under Georgia law. That being, what amount of compensation would provide adequate reimbursement for “the full value” of the life of the decedent. This seems almost impossible to calculate because one can
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Negligent security cases typically arise in the context of a victim of a criminal assault either at an apartment complex or motel. If the apartment complex provides security but negligently does so, and a tenant is attacked at a time an attack is foreseeable, an apartment complex can be held liable even if the damages were perpetrated by a criminal third party. Similarly, in a motel setting, if the motel is aware that their tenants are at heightened risk of attacks from criminals and fail
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It was announced today that Ford Motor Company has recalled 2005 and 2006 year model F-150 pickup trucks because of problems with unexpected and unintended airbag deployments. According to the National Highway Traffic and Safety Administration, the recall involves approximately 150,000 F-150 pickup trucks. It appears that front airbags have been deploying unannounced. Obviously, this could lead to an accident if the airbag deploys while the vehicle is being driven or otherwise causes a distraction that might cause a driver to lose control. Ford officials
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Cribs, playpens, and bassinets continue to injure and kill infants with alarming frequency.
A study published this week in the journal Pediatrics reveals the alarming frequency of injuries to babies who have been placed in cribs, playpens or bassinets.
A review of emergency-room treatments for more than 181,000 babies age 2 and under from 1990 to 2008 showed an average of 113 deaths per year from accidents associated with those three pieces of nursery equipment.
The number which is considered low because such deaths are
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We have previously written about the importance of uninsured motorist coverage, particularly in today’s economic times. In this article we wish to reemphasize how important it is that Georgia residents protect themselves with uninsured motorist coverage if at all possible within their family budget. The reason for this is because more and more motorists are driving with the minimum limits required by law, which is only $25,000.00 per person and many are driving with no insurance whatsoever, taking their chances with the law. The economy,
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The Consumer Product Safety Commission has recalled nearly 2 million baby monitors due to the risk of infant strangulation by the monitors’ electrical cords. The CPCS initiated the recall due to seven cases of infant strangulation in recent months.
The reported injuries and deaths include:
A 10 month-old Washington, D.C. infant died in March when she became tangled in the camera cord of a Summer infant monitor. The monitor camera had been attached to the top rail of her crib;
In November of last year,
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Our firm is often contacted by those who have been victimized by a criminal act seeking advice as to whether they have a claim against the perpetrator of the crime. These cases come to us in a variety of different contexts. Sometimes a rape victim is interested in determining whether they have a claim against a hotel that negligently allowed the attack by a former employee or failed to provide adequate security with respect to the security of their room. We have had similar calls
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If someone breaks a leg in a car accident and incurs $20,000.00 in medical bills and is out of work for three or four months due to doctors’ appointments, surgery, etc., how does one determine the value of such a claim? Indeed, how does anyone determine the value of any personal injury claim? The answer is by looking at available jury research service data to determine what juries typically award for the value of certain types of injuries. If someone breaks a leg in
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As we have blogged about previously, unless a car accident victim suffers minor injuries, it is typically not in their interests to try to get a quick cash settlement. Yes, these can be some temporary financial hardships caused by the delay in securing a settlement, however, patience is the watch word in many of these cases unless the client is in such desperate need for money that they have no choice but to significantly discount the value of their claim in order to get a quick cash settlement. Before this course of action is decided upon, however, clients need to be educated by their attorneys as to the costs involved in trying to get a quick cash settlement.
As we have indicated previously, there is not a car accident case (where liability exists) that cannot be settled quickly provided the client and the attorney are willing to accept far less than the claim is worth. Insurance companies are always willing to settle cases for less than they are worth so that they can save money. Quick cash settlements, therefore, are always typically available in car accident cases with insurance companies all to eager to save money on their policy and pay far less than the claim is worth. The innocent victim who is incurring medical expenses and sustaining lost wages not to mention suffering from their pain on a daily basis, has a hard time understanding the need for patience. The difficulty attendant to being patient is completely understandable but, again, unless a claim is a minor claim the client should usually be advised by counsel that they should be patient in trying to secure a settlement.
In any significant case, a case of established liability can be settled for 20, 30 or 40 cents on the dollar at most any given point in time. However, if an injury is indeed significant and will likely cause the client pain and suffering and difficulties well into the future, why should the case be discounted in its value and a quick cash settlement secured?

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Here in Atlanta we have had an extended break from work due to icy road conditions. Most of our lawyers have not been able to get into work so we have been watching some television during the day. What is fascinating is the number of lawyer ads on television particularly pitching for personal injury cases. What is troubling, however, is the pitch that many of the law firms promised to get “quick cash settlements” for car accident victims.
Our experience has indicated that only in small cases are quick cash settlements typically in the best interest of a client. If the injuries are small and the medical expenses are finite and medical treatment is terminated shortly after an accident, there is no problem with a quick settlement. However, in any case involving serious or more permanent injuries, it is rarely in the client’s interest to seek a quick cash settlement. The reason is because the value of the claim cannot be assessed until the client has reached maximum medical improvement and all medical bills, lost wages and other expenses attendant to the car accident have been evaluated.
There is not a file in our office that we could not settle quickly, but in order to do so we would have to essentially give the case away. Insurance companies are always willing to settle quickly, particularly if they can pay far less than the value of a claim. The way a client gets the full value for their claim in settlement is for their lawyer to aggressively prove its value through deposition testimony, expert testimony, videotaped medical testimony, life care plans, etc. By proving to defense counsel hired by the insurance company that the client’s claim is worth a significant amount of money, a greater settlement can be achieved for the client. The problem, however, is that it takes time to demonstrate such value and therefore a client with a real case with real injures must be patient.

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