Special Issues in motor vehicle accident cases

Special issues will arise in the car accident litigation in Augusta, Georgia . These it more complex to litigate the motor vehicle accident claim, which make additional parties potentially liable for injuries, or which should be considered at the time of litigating the case. Here are some of the special issues arising from the accident itself:
Hit-and-Run Accidents: Where a driver who causes an accident does not stop at the accident scene, it will be complicated for the victim of the accident to subsequently identify the at-fault driver so as to bring a legal proceeding.

Car-Pedestrian Accidents: If a motor vehicle collides with a pedestrian, the pedestrian will often suffer catastrophic injury. Pedestrians generally have problems making claims against drivers, with accidents frequently attributed to the conduct of the pedestrian.

Car-Motorcycle Accidents: Motorcycle drivers are vulnerable serious injury, even in accidents which would be relatively minor if the collusion happened between cars. Many feel that motorcyclists suffer from a predisposition by juries to blame them for causing an accident, even where the driver of a car was evidently negligent.

Car-Bicycle Accidents: Bicyclists are likely to suffer to serious injury if hit by automobiles, and are also vulnerable to having drivers open car doors in front of them – a hazard which may cause them to be caterpaulted over the vehicle door in a collision. Drivers generally report that they did not see the bicyclist till after the collision, or that they misjudged the bicyclist’s speed. Few bicyclists engage in very dangerous actions, such as ignoring traffic signals or riding on the wrong side of the road.

Semi Truck / Tractor-Trailer Accidents: The drivers of such big vehicles are subject to state and federal regulation, governing the number of hours a day they can drive, how much sleep they are to get each night, and the condition and maintenance of their vehicles. Drivers generally get paid by the mile driven, and hence have a strong reason to ignore laws that limit their driving time. Of course, if a semi truck causes an accident, the consequences to any smaller automobile and its occupants can be devastating.

After-Market Vehicle Modifications: If a automobile has after-market changes, such as being raised or lowered, having powerful or tinted headlights or foglights installed, or window tinting, those modifications may affect both the safety of the automobile for its occupants and the dangers posed by the vehicle to other drivers.

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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.

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Causes of accidents in Augusta, Georgia

There are many likely causes for motor vehicle accidents in Augusta, Georgia , like:
Driver Error – The most common reason for motor vehicle is driver error. Common errors which cause accidents include failure to yield the right of way, following too closely, over speeding, unsafe passing, and disregard of traffic control devices.

Distractions – When a driver’s attention is diverted from the road, the chances of an accident increase. Distractions can occur from outside of the vehicle, like when something at the side of the road draws the driver’s attention. Distractions can also occur inside the motor vehicle, like when the driver attempts to read or put on makeup when driving, change CD’s in the CD player, dials a cellular phone, or attempts to parent an upset or unruly child.

Intoxication – Persons whose ability to drive is affected because of the consumption of alcohol or drugs are more likely to cause automobile accidents.

Bad Weather – At times, bad weather conditions can contribute to an accident by interfering with visibility, diminishing traction on the road surface, or otherwise making it more difficult to drive the car. The driver should take into consideration the effects of the weather, such as strong cross-winds or slippery roads while driving. Sometimes the weather might cause an unexpected hazard, like black ice or flash flooding, that can not be detected by a driver until it is too late to prevent that hazard.

Road Design – A badly designed roadway, intersection, or means of controlling traffic will sometimes result in an accident. Badly placed and badly designed road signs or barriers can contribute to unnecessary injury when motor vehicles collide with them. Sometimes, such defects will result in liability for the governmental agency responsible for the design and maintenance of the roadway, however governmental immunity may apply in such cases.

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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.

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Injury lawsuits in Augusta GA

Doctor Negligence legal cases

Wrongful death is a death caused by wrongful act or from carelessness of another person or entity. A wrongful death legal case claims that the injured party was killed as a result of wrongful act or negligence on the part of the individual or entity being sued, and that the victims survivors are entitled to monetary damages as a result of the wrongful act or negligence. States have enacted wrongful death laws providing compensation to the heirs or relatives of the injured party as an incentive to act carefully and safely. All states have wrongful death statutes. In most states, a lawsuit for wrongful death should be brought within two years from the date of death or within two years from the date the cause of death is known. State wrongful death laws are independent of each other. However they follow the same basic principles:
the death was caused, in whole or part, by the conduct of the defendant;
the defendant was negligent or strictly liable for the injured partys death;
there is a surviving spouse, children, beneficiaries or dependents; and
monetary damages have resulted from the injured partys death.

A wrongful death will be the basis for a civil case for damages on behalf of the dead persons family or heirs. It is a claim against someone who can be held liable for the death.

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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.

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Doctor Negligence cases and expert witness

To maintain a medical malpractice action, the plaintiff must present a qualified expert witness to testify both that the doctor was negligent and that the physicians actions were the proximate reason for the plaintiffs alleged injuries. Negligence means the failure to use ordinary care; that is, the failure to do what a physician of ordinary prudence would have done in the similar conditions. Proximate cause refers to the cause that, in a continuous and uninterrupted sequence, producesan event foreseeable by the physician exercising the degree of care required of him or her.

A properly qualified expert should be
A doctor practicing medicine at the time he or she provides testimony in the lawsuit or a physician who was practicing medicine at the time of the care and treatment that is the basis of the claim; and
A physician qualified on the basis of training or experience.
Practicing medicine means training residents or students at an accredited medical or osteopathic school and serving as a consulting physician. Factors considered in determining whether an expert witness is qualified include
Is the expert board certified in an area relevant to the claim
Does the expert have substantial training or experience in a field relevant to the claim
Is the expert practicing medicine and rendering medical services relevant to the claim
The physicians lawyer can challenge both an experts qualifications and his or her ability to legally show negligence and proximate cause.

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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.

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Accident action in Augusta Georgia

Compensatory damages

Compensatory damages may be divided into two categories: damages which compensate victims for monetary losses, also known as special damages, and damages that compensate victims for non-monetary losses also referred to as general damages.

Monetary Losses

Compensatory damages for monetary losses include:
Medical expenses – Damages for medical expenses may include the costs of both past and future medical care and rehabilitation. Future costs will be fixed by assessing the patients medical needs for the rest of his or her life expectancy.

Costs of living with a disability – An injury might result in a disability that needs a injured party to significantly alter his or her lifestyle. Compensatory damages may include the costs associated with this change. For example, a damage award can compensate the victim for the costs of renovating a house to make it wheelchair-accessible, or the expenses of in-home nursing assistance.

Lost wages. A injured party may recover any wages lost when recovering from an injury, as well as any lost earning capacity suffered because of the injury.

Repair or replacement of property. The victim may recover the costs of property damage suffered in an accident. Property is usually valued at its fair market value at the time of the injury.

Funeral expenses. The family of a personal injury injured party can recover the costs of any funeral expenses incurred as a result of the injury.

Non-Monetary Losses

Non-monetary damages may be difficult to determine and damage awards can vary significantly between victims. Damages for non-monetary losses include:
Pain and suffering. Damages for pain and suffering generally include compensation for actual physical pain, as well as compensation for emotional distress. Emotional distress refers to the frustration, fear, anger and loss of enjoyment of life associated with suffering from a debilitating injury.

Loss of consortium. Spouses of personal injury victims can receive damages for the loss of the emotional and intangible elements of marriage, such as loss of affection, solace, comfort, companionship, society, assistance, and sexual relations.

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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.

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Types of Accident Damages

Those who prevail in a civil action for personal injuries are typically entitled to recover damages. The exact amount of a personal injury award is decided by the jury on a case-by-case basis. If the award is excessive or deficient, a court may review the award and increase or decrease the final amount without a new trial or appeal. an injury award may include two categories of damages: compensatory damages and punitive damages.

Compensatory Damages

Compensatory damages are meant to place a injured party in the position he or she would be in if the injury never happened. By placing a dollar amount on the injured partys injuries, compensatory damages try to restore the victim financially, physically and emotionally.

Punitive Damages

Punitive damages are not meant to compensate the victim, but to punish the defendant for causing the victims injuries and to prevent others from engaging in similar behavior. Punitive damages are often awarded if the wrongdoers conduct has been especially outrageous. Punitive damages are not awarded in every personal injury case, and may not be considered unless a compensatory damage award has been ordered. In order to avoid excessive punitive damage awards, courts generally limit punitive damages to less than ten times the amount of compensatory damages.

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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.

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The regulations categorize all recalls into one of three classes based on the level of hazard involved.

Class I recalls refer to dangerous or defective products which predictably may create serious health problems or death. Products that could fall into this category are a food found to contain botulinal toxin, food with undeclared allergens, a label mix-up on a life saving drug, or a defective artificial heart valve.

Class II recalls refer to products that may cause a temporary health problem, or pose just a slight threat of a grave nature. One instance is a drug which is under-strength but which is not used to treat life-threatening situations.

Class III recalls refer to products that are unlikely to result in any adverse health reaction, but which violate FDA labeling or manufacturing guidelines. For instance a container defect (plastic material delaminating or a lid that does not seal); off-taste, color, or leaks in a bottled drink, and lack of English labeling in a retail food.

FDA develops a strategy for every individual recall which details how extensively it will check on a companys performance when recalling the product in question. In case of a Class I recall, for example, FDA would check to ensure that each defective product has been recalled or reconditioned. But, in case of a Class III recall, the FDA can decide that it only needs to spot check to ensure the product is off the market.

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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.

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FDA role in Product liability Recalls

The recall of a defective or possibly harmful consumer product usually is highly publicized in newspapers and on news broadcasts. This is always the case when the recall concerns foods, drugs, cosmetics, medical devices, and other products regulated by FDA. However, the FDAs role in recall activities is usually misunderstood by public. FDA guidelines for manufacturers to comply when recalling defective products under the Agencys jurisdiction are listed in Title 21 of the Code of Federal Regulations, Part 7. The guidelines make clear that FDA wants these corporations to take total responsibility for product recalls, including follow-up checks to ensure that recalls are successful. As per these regulations, businesses are expected to notify FDA when recalls are started, to submit progress reports to FDA on recalls, and to undertake recalls if directed to do so by the Agency. The rules also mandate manufacturers and distributors to create contingency plans for product recalls which can be put into effect if, and when needed.

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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.

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The damage may be caused by the head forcefully hitting an object, like as when hitting a windshield, or the dashboard of a car (closed head injury) or by something going through the skull and piercing the brain, such as a bullet or knife wound to the head (penetrating head injury). Closed head injury is also experienced without direct penetration of the skull or external trauma when the brain undergoes a severe forward or backward shaking or twisting, like the shaken baby syndrome or a whiplash. The difference between the two is substantial because the first generally will leave no clear external marks however may cause much widespread damage. Numerous different factors affect the damages amount in a traumatic brain injury case. While a lawyer probably wont promise to get you a fixed sum of money, experience allows many lawyers with brain injury lawsuit experience to decide good estimates of what your injury is worth. Many elements are considered into a brain injury damages estimate, like:

(1) The severity of your brain injury

(2) Affect of the brain injury on your life

(3) Whether you contributed in anyway to the accident that caused your brain injury

(4) Your prior medical history

(5) Your pre-existing injuries

(6) Cost of future medical care

(7) Lost wages due to your injury

(8) If you will be entitled to recover punitive damages.

Your damages will be higher when the difference between your quality of life before the brain injury as compared to after the injury is more.

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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.

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Employer liability for asbestos exposure

The dangers of asbestos exposure are well-documented in the industry for several years, and most employers who worked significantly with asbestos were aware of the dangers. It is far more likely that your employer turned a blind eye towards any exposure to try and limit its liability.

Also, your employer is responsible to you for exposures to dangerous substances at the workplace, if the employer was aware of the exposure or not. This is because when you go to work for an employer, that employer has a duty to provide you with a reasonably safe workplace. If your employer fails to provide a reasonably safe workplace with respect to asbestos exposure, either by making sure that you are not exposed to asbestos or by providing you with proven, effective safety equipment, the employer is liable to you for injuries you receive, including chronic, long-term injuries related to asbestos exposure. The avenue of recovery that you have against your employer is through filing a workers compensation claim. You can also file separate, civil proceedings against the manufacturers or suppliers of the asbestos and/or the manufacturers of the safety equipment that you were issued. A seasoned lawyer dealing in asbestos lawsuits can assist you decide all possible responsible parties and how to structure your case.

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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.

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