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Columbia County, Georgia negligence attorney

admin — Sun, 25 Apr 2010 09:45:00 +0000

Columbia County, Georgia negligence attorney

A defendant generally defends against a negligence lawsuit by introducing evidence that negates the plaintiff’s evidence on one or more of the four negligence elements. Thus, the seller attempts to establish any of the following facts:
• he does not owe the consumer a duty of reasonable care: for instance, the seller might show that the plaintiff’s injury was not reasonably foreseeable;
• it did not breach any duty: the seller might try to establish that the actions he took concerning the design, manufacture or marketing of the product were reasonable under the circumstances;
• the user did not sustain a legally-recognized injury: the seller might show that the plaintiff was not actually injured (i.e a false claim); or that the user did not sustain the kind of injury for which the law permits a recovery
• the user’s injury was not because of the seller’s negligence: the defendant might establish that something other than the product result in the user’s injury – a misuse of the product which was not foreseeable by the seller, or some other factual cause altogether.

An experienced Columbia County, Georgia negligence attorney will make sure that your negligence claim will succeed despite the various defenses raised by the defendant.

———————————We are personal injury lawyers Augusta GA and car accident attorneys. We represent injury victims in dog bite, car and truck wreck cases, medical malpractice, scarring injury, and spinal cord injury cases. We offer a free initial consultation to all prospective clients.Augusta Car Wreck Lawyer, Truck Accident Attorney, Personal Injury Lawyer Augusta

The Difference Between a Car Crash and a Truck Wreck?

admin — Tue, 19 May 2009 14:21:00 +0000

The Difference Between a Car Crash and a Truck Wreck?

If you were injured in a vehicle accident, your injuries are just as painful whether you were hit by a car, an SUV or a semi truck. Legally, however, there are significant differences between a car accident and a truck accident.

At the Law Office of Gonzalez & Waddington, LLC in Augusta GA, our personal injury lawyers understand the intricacies of the motor vehicle accident law. We use this knowledge to maximize the financial compensation our injured clients receive.

Gonzalez & Waddington are Augusta GA personal injury, car wreck lawyers. We represent injury victims in dog bite, car and truck wreck cases, medical malpractice, scarring injury, and spinal cord injury cases.

We offer a free initial consultation to all prospective clients. Contact us by using this Contact Form or calling our Augusta GA personal injury law firm at (706) 821-2222.

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Augusta GA Personal Injury Lawyer – $12 Million Settlement in Birth Injury Lawsuit Against OSF Healthcare, Announces Burke, Mahoney & Wise

admin — Wed, 20 May 2009 17:58:00 +0000

Augusta GA Personal Injury Lawyer – $12 Million Settlement in Birth Injury Lawsuit Against OSF Healthcare

Record Personal Injury Settlement for Rockford Area

ROCKFORD, Ill.–(BUSINESS WIRE)–The family of a brain-damaged boy, severely injured during birth, today settled their medical malpractice lawsuit against St. Anthony Medical Center in Rockford for $12 million. The settlement is the largest of any personal injury case in Winnebago County.

The lawsuit was brought by Patricia and Wendell Law, on behalf of their son, Jeremy against OSF Healthcare System, Inc (St. Anthony Medical Center); Dr. L. Wimal Fernando; and Connie King, RN.

Kevin G. Burke of Burke, Mahoney & Wise (Chicago, Illinois) and Benjamin A. Crane and Gregory A. Coplan of Coplan + Crane (Oak Park, Illinois) represented the Law family.

Jeremy, now 4 years old, has spastic quadriparesis, a form of cerebral palsy. He remains dependent on a ventilator and requires around-the-clock care. According to the lawsuit, hospital staff failed to recognize that Jeremy was positioned for a breech delivery, failed to recognize signs of fetal distress and failed to deliver him by Caesarian section in a timely way. As a result, Jeremy did not receive sufficient oxygen during delivery and suffered massive brain damage.

“A failure to communicate accurate information and take appropriate action doomed this child’s future,” said Mr. Burke. “The nursing staff assumed – but failed to verify – the fetal presentation. Given the wrong information, Dr. Fernando accelerated the labor and Jeremy suffered catastrophic injuries.”

Ms. Law was admitted to the labor and delivery floor at St. Anthony’s on the morning of November 7, 2004. At 8:00 a.m., Nurse King administered Pitocin as a means of stimulating labor. Dr. Fernando testified that he ordered the Pitocin after the nursing staff had informed him earlier that the baby was in a heads-down presentation and prepared for delivery. Dr. Fernando testified he would not have ordered the Pitocin if he knew the baby were in a breech position and instead, would have performed a Caesarian section.

At approximately 8:12 a.m., the fetal heart beat was no longer consistent. Despite this development, Ms. King increased the Pitocin at 8:15 a.m. She had not performed a vaginal examination and still assumed the baby was in a heads-down presentation.

Between 8:20 and 8:30, Ms. Law experienced a sharp pain in her abdomen. Nurse King still could not obtain a reliable heartbeat and at 8:33 a.m. she placed a fetal scalp electrode on – what she assumed to be – the baby’s head. By 8:37 a.m., the baby was in profound bradycardia, an extremely slow heartbeat which results in inadequate oxygen to the brain.

Nurse King left the room to find an anesthesiologist to administer an epidural. At 8:54 a.m. another doctor ordered an emergency Caesarean section. At 9:18 a.m., Jeremy was finally delivered by Caesarian section, in breech presentation, with the fetal scalp electrode attached to his backside. Medical records indicated that the placenta had ruptured during labor, accounting for the sharp pain Ms. Law felt between 8:20 a.m. and 8:30 a.m.

Today, Jeremy’s developmental age is that of a two month-old infant. Pediatric neurologists have told the family that Jeremy will not make any further developmental progress. He will never be able to make purposeful movements such as holding his head up, rolling over unassisted, sitting, crawling, standing, walking or grasping. He will continue to grow physically, however, making caring for him extraordinarily difficult. Today’s settlement will provide the total medical care and support services that Jeremy will require for the rest of his life.

We offer a free initial consultation to all prospective clients. Contact us by using this Contact Form or calling our Augusta GA personal injury law firm at (706) 821-2222.

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Columbia County, Georgia defective product attorney

admin — Sat, 24 Apr 2010 09:44:00 +0000

Columbia County, Georgia defective product attorney

What is a ‘defective’ and ‘unreasonably dangerous’ product? Courts addressing this question will generally consider:
• the usefulness and desirability of the product;
• the availability of other and safer products to satisfy the same need;
• the likelihood of injury and its probable seriousness;
• the obviousness of the danger;
• if the injury can be prevented by exercising care in the use of the product (including the impact of warnings and instructions); and
• the ability to prevent the danger without seriously impacting the usefulness of the product or making it unduly expensive.

If you have defective product claim, contact an experienced Columbia County, Georgia defective product attorney. Courts realize that few products, like pharmaceuticals, cannot be made absolutely safe but nevertheless are very useful to mankind. In these cases, the seller will be relieved of strict liability if the seller prepared and marketed the product properly and adequately informed consumer regarding the risks connected with the product.

When a product could reasonably have been designed with a higher degree of safety, a proper warning does not necessarily convert the unreasonably dangerous product into a safe, non-defective one. A proper warning however, can convert certain dangerous products, that may be defective without a warning, into reasonably safe products. To be effective, the warning should be thorough and conspicuous and it should warn the consumer of the magnitude of the risk involved in not abiding by the product’s warning instructions.

Columbia County, Georgia strict liability attorney

admin — Fri, 23 Apr 2010 09:42:00 +0000

Columbia County, Georgia strict liability attorney

The idea of strict liability in tort is comparatively new to American common law. During the early 1960s American courts began holding that, as sellers are in the best position to discern the risks connected with the products, those sellers should suffer the costs of injuries due to the defect in the products. Consequently, courts in many states today allow recovery for injury caused by a defective product under the strict liability theory, without demonstrating fault or negligence on the part of the seller. Consult an experienced Columbia County, Georgia strict liability attorney to know if you have a claim under strict liability theory. Anyone who sells any product in a defective condition unreasonably dangerous to the consumer is responsible for physical injury thereby caused to the ultimate consumer, or to his property, if the seller is engaged in the business of selling the product; and the product is expected to and does reach the consumer without substantial change. This will apply even if the seller has exercised all possible care in the preparation and sale of the product; and the consumer has not bought the product from or entered into any contractual relation with the seller.

Augusta GA personal injury, car wreck lawyers

admin — Tue, 19 May 2009 14:16:00 +0000

By Using Medical Experts We Help Accident Victims Recover Fair Compensation

We work with physicians and other health care providers to assess and review all of the short- and long-term medical aspects of your auto accident case. Our lawyers have detailed Knowledge of Georgia’s automobile, insurance and liability laws. We understand the different sources of recovery available to car accident victims and their families as well as the various theories of liability that enable those victims to collect from the parties who caused them harm. If you’ve been injured in an auto accident in Augusta or anywhere in Georgia, contact the injury attorneys at Gonzalez & Waddington, LLC today for assistance with your case.

For more information on Motor Vehicle Accidents, visit our Motor Vehicle Accident Information Center

We offer a free initial consultation to all prospective clients. Contact us by using this Contact Form or calling our Augusta GA personal injury law firm at (706) 821-2222.

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Augusta GA Injury Lawyer – Representing Injury Victims in Serious Auto Accidents

admin — Tue, 19 May 2009 14:15:00 +0000

Representing Injury Victims in Serious Auto Accidents

The law office of Gonzalez & Waddington, LLC represents clients injured in the following kinds of auto accidents:

Car accidents

Truck accidents

Motorcycle accidents

Bicycle accidents

Pedestrian knockdowns

Boating accidents

We have extensive experience working with medical experts and medical economists in negotiating settlements and litigating cases involving the following kinds of injuries:

Head trauma

Brain Injuries

Spinal cord injuries

Amputations

Severe burns

Disfigurement

Neck / back injuries

Wrongful death / traffic fatalities

We offer a free initial consultation to all prospective clients. Contact us by using this Contact Form or calling our Augusta GA personal injury law firm at (706) 821-2222.

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Augusta, Georgia motor accident attorney

admin — Thu, 22 Apr 2010 09:40:00 +0000

Augusta, Georgia motor accident attorney

Auto accidents, the area in which most personal injury actions are filed, is a good example of how the tort system works in Augusta, Georgia. There will be a negligence claim in a “fault” state if your injury is caused by a driver who failed to exercise reasonable care, as drivers must exercise reasonable care every time they are on the road.
A driver has the duty to use reasonable care to avoid injuring anyone on the road. When the driver does not exercise reasonable care and you are injured as a result, then the driver is liable to you for those injuries. In the past the rule was that if you could prove the other driver contributed in any way to the accident, the other driver can be totally prevented from recovering anything from you. But now most states have rejected such stiff results and rather consider the comparative fault of the drivers. If a jury concludes that you were negligent and your negligence, proportionally, contributed 25 percent to cause the injury and that the defendant was 75 percent at fault, the other person will only be responsible for 75 percent of your damages. In some states, a plaintiff can receive compensation even if the plaintiff were more negligent than the defendant. With an experienced Augusta, Georgia auto accident attorney on your side, you can get the compensation you deserve.

Augusta, Georgia Property Owner Negligence attorney

admin — Wed, 21 Apr 2010 09:39:00 +0000

Augusta, Georgia Property Owner Negligence attorney

Property Owners, especially those inviting the public onto their property, have a duty under the law to use reasonable care to remove or repair slippery surfaces. Property Owners usually have a duty to treat common areas in apartment complexes. Remember that merely because the landlord has a duty to treat the slippery surface, you as a resident can not ignore your own obligation to use caution. An experienced Augusta, Georgia landlord negligence can study your case and inform you know if you have a case against the landlord. The landlord’s efforts should only be reasonable in the circumstances but not necessarily perfect. Generally, people owe a duty to reasonably protect others from harm. A person is liable when he or she was negligent and caused the accident. Persons who act negligently never set out to result in an injury to another person. Rather, their liability arises from careless or thoughtless act or a failure to act in circumstances a reasonable person would have acted. Conduct becomes “negligent” if it falls below a legally recognized standard of taking reasonable care in the circumstances to protect others from harm.

Augusta Georgia Auto Accident Lawyers – Car Accidents – Truck Accidents – Motorcycle Accidents

admin — Tue, 19 May 2009 14:13:00 +0000

Augusta Georgia Auto Accident Lawyers

Car Accidents – Truck Accidents – Motorcycle Accidents

Injuries sustained in auto accidents often result in lost wages, medical expenses, and a loss in quality of life. Recovering financial compensation proportional to the financial impact of a car or truck accident often requires effectively challenging an insurance company’s claims methodology and expert witnesses. At the law office of Gonzalez & Waddington, LLC, our lawyers regularly consult medical experts, economists, and life care planners who understand how to accurately and thoroughly quantify the cost of injuries associated with auto accidents. Working from established health care cost-data, our attorneys present evidence establishing our client’s current and future costs based on testimony from licensed, industry experts in medicine and medical economics.

If you have been injured in a serious car and other motor vehicle accident, enlist the help and guidance of an experienced car accident attorney. We have years of practice and an impressive track record representing people who have suffered serious personal injuries in car accidents, truck accidents and motorcycle accidents. To schedule an appointment and discuss the legal options available to you, contact auto accident attorneys at Gonzalez & Waddington, LLC today.

We offer a free initial consultation to all prospective clients. Contact us by using this Contact Form or calling our Augusta GA personal injury law firm at (706) 821-2222.

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