Georgia Personal Injury Blog

The Dangers of Delayed Cancer Diagnosis in Georgia

By Grant Law Office on June 24, 2011

According to the United States Cancer Statistics (USCS), provided by the Centers for Disease Control and Prevention (CDC), 1,455,611 new cancer cases were diagnosed nationwide in 2007. In the same year, there were 562,867 cancer deaths nationwide. In Georgia, there were 40,336 new cancer diagnoses, and 14,983 cancer deaths, in 2007.

Though there are various types of cancers, all have the potential to cause death. Breast cancer, colon cancer, gynecologic cancers, blood cancers, lung cancer, prostate cancer, and the most common type, skin cancer, cause thousands of deaths yearly. Even with the various standard and alternative treatment options for cancer, a person’s survival is dependent on a timely and correct diagnosis. But, unfortunately, misdiagnosis and delayed diagnosis of cancer is one of the most common types of medical malpractice in Georgia and across the nation. If diagnosis and treatment comes too late, the cancer victim may endure much pain and suffering before they, inevitably, are killed by the disease.Read more…

Child Entrapment Death Prompts CPSC Recall of Big Lots Metal Futon Bunk Beds

By Grant Law Office on June 20, 2011

The Ohio-based company, Big Lots, and the U.S. Consumer Product Safety Commission (CPSC) have announced the recall of around 30,000 metal futon bunk beds as a result of entrapment hazards. The death of one child has already been reported.

Potential entrapment may occur if a child is behind the futon or in the ladder area when the futon and its metal frame lowered into the flat position. This, in fact, happened to a 3-year-old boy in Burlington, Iowa, in March of 2010. The heavy metal frame prevented the boy, who was entrapped at the head and neck, from escaping or breathing. Although CPR was performed, the boy died in the hospital of compression asphyxiation.Read more…

U. S. DOT Shuts Down Georgia Bus Company Twice

By Grant Law Office on June 15, 2011

The recent incidents of injury and fatal bus accidents across the nation prompted the United States Department of Transportation (DOT) and its Federal Motor Carrier Safety Administration (FMCSA) to implement stricter safety standards and more aggressive enforcement for buses and motor-coaches. However, according to MSNBC, a Georgia charter bus service apparently did not get the message.

In 2009, the metro Atlanta charter bus service, JT’s Travel and Charter, was ordered to shut down by federal regulators due to multiple citations for four safety violations. Many of the citations stated that the bus company failed to require drug testing for its drivers. To avoid penalties, and shutting down, the company simply changed their name to JCT Motor Coach Inc. and resumed doing business.Read more…

What to Know about Georgia Truck Underride Collisions

By Grant Law Office on June 10, 2011

Whether called a large truck, semi truck, tractor trailer, big rig, or 18-wheeler, these large and heavy trucks pose many dangers to the occupants of smaller vehicles. According to the National Highway Traffic Safety Administration (NHTSA), there were 296,000 large truck accidents nationwide in 2009. Included in this total were 3,215 fatal crashes, and 53,000 injury crashes. The extra length, heavy weight, high center of gravity and tall chassis height increases the risk of a deadly Georgia large truck crash, but especially underride accidents, which are the third leading cause of truck crash fatalities across the nation.

A large truck underride collision occurs when a smaller passenger vehicle hits a straight truck or combination tractor trailer and travels under the truck, oftentimes sheering the passenger vehicle roof clean off in the process. There are two types of underride collisions:Read more…

What to Do When Insurance Companies Act in “Bad Faith” in Georgia

By Grant Law Office on June 6, 2011

Insurance companies tend to hold one thing above all else: Profit. People buy insurance to financially protect themselves against injury, illness, loss or damaging events and they put their trust in the insurance company to provide fair compensation in the case of any of the aforementioned situations. Unfortunately, many insurance companies look for ways to deny claims, even if they are legitimate, in order to make more money. This has become known as insurance bad faith.

Insurance companies, under law, owe a duty of dealing in “good faith,” or dealing fairly, with their policy holders. If an insurance company violates that duty by denying a valid claim to avoid paying a policy holder the money owed to them, they are operating under “bad faith.” The majority of insurance bad faith cases in Georgia relate to motor-vehicle accidents. Most often, an insurance company acting in bad faith will deny your claim, however, in some cases, the insurance company will deny the full benefits of coverage. For example, if your medical costs after an Atlanta auto accident total $20,000 and your insurance company only allows you $5,000, despite the fact that your claim is justified and your full coverage amount is $40,000, the insurance company is acting in bad faith by not paying full benefits.Read more…

Insurance Company’s Bad Faith Refusal to Pay Disability Benefits

By Grant Law Office on June 3, 2011

In an effort to protect themselves and their families from financial hardship in the event of disability, many Americans decide to obtain long-term disability insurance. The person who obtains the policy is referred to as the “insured” and the insurance company that issues the policy is referred to as the “insurer.” This type of insurance policy is designed to pay the insured the salary, or a portion of it, that the insured would have earned if the insured had not become disabled. Insurance Company’s have an incentive to deny the largest claims. Thus, physicians (including surgeons), business executives, and other individuals with high income are subjected to bad faith practices with some frequency.

Sometimes when the insured becomes disabled the insurance company will refuse to honor its obligations under the insurance contract. Generally, the insurance company will claim that the insured is not actually disabled. If the insured proves that the insurance company is wrong, the insurance company will be liable for breach of contract. What does this mean? It simply means that the insurance company will be obligated to pay the insured the benefits it promised under the long-term disability insurance contract.Read more…

CDC Study Finds Trends in Traumatic Brain Injury Related Fatalities

By Grant Law Office on June 1, 2011

Traumatic brain injury (TBI) is defined as trauma to the brain caused by an external force that alters brain function. Though TBI can range from mild to severe, it is a major cause of death and disability in the U.S.

According to the Centers for Disease Control and Prevention (CDC) Morbidity and Mortality Weekly Report (MMWR), an average of 53,014 deaths per year were related to traumatic brain injuries from 1997-2007. This resulted in a total of approximately 580,000 total deaths for that decade.

Various trends were discovered throughout this study. Concerning gender, males suffered TBI-related deaths 3 times more than females. If we add ethnicity to the male trend, non-Hispanic American Indian/Alaska Natives experienced the highest rate of fatal TBI incidents and Hispanic males experienced the lowest. Age also played a factor in fatal TBI conditions. In order of highest to lowest TBI fatality rate are young children aged 5 years or younger, older adults aged 75 years or older and teenagers between the ages 15 and 19. The leading causes of TBI-related deaths, regardless of gender, ethnicity, or age, involved firearms, motor-vehicle accidents and falls.Read more…

The Risks of Defective Products in Georgia

By Grant Law Office on May 23, 2011

Georgia consumers are at risk of being injured by defective products every day. Although it is the duty of product manufacturers and distributors to provide safe products for public use, many defective products stock Georgia’s retail stores, car dealerships, and pharmacies. These products can be children’s toys, kitchenware, furniture, tools, drugs or even motor-vehicles. When a product is determined to be defective or dangerous, a recall is often issued to remove that product. Unfortunately, many dangerous products are not recalled in time to prevent injury, and some are never recalled at all.

Defective products often result from poor manufacturing or design and can cause a wide array of injuries, both minor and severe. The injuries associated with dangerous products, however, depend on the type of product as well as its defect or malfunction. A poorly attached component to a children’s toy may cause a piece to fall off as the child holds the toy over their head; this may cause simple bruising, cuts to the skin, or even a head injury. In another situation, a defective auto component or auto component malfunction can cause a serious injury or even fatal Georgia auto accident.Read more…

Georgia “Death Trap” Intersection Finally Has Traffic Signal

By Grant Law Office on May 20, 2011

The traffic signal project for the intersection of Georgia Highway 212 and Oak Hill Road has finally been completed as of this month. However, according to CovNewsj, the traffic light is not expected to be fully operational until the morning of May 24. Work on the project began in February of this year.

In October of 2010, the Newton County Board of commissioners approved a $106,548 bid from Moye Electric of Dublin to take on the project. The installation of a traffic signal at the intersection of GA Highway 212 and Oak Hill Road is expected to decrease the alarming number of fatal Georgia auto accidents at that intersection. It is a high traffic thoroughfare and the amount of traffic has only increased since the addition of a public library and a park in the area. There have been several fatal accidents at the site, prompting the former District 2 Commissioner to call it a “death trap.”Read more…

Basics of Georgia Wrongful Death Laws

By Grant Law Office on May 18, 2011

Wrongful death is a legal claim against a person who, through their negligent or wrongful actions, causes the death of another. A wrongful death victim is referred to as the “decedent.” Generally, a wrongful death claim can be filed if the decedent, had he or she not died, could have filed a compensable personal injury claim against an at-fault party. The circumstances which allow for a wrongful death claim include, but are not limited to:

• A fatal Georgia motor-vehicle injury accident caused by another’s recklessness or negligence;
• A fatal workplace injury accident caused by proven substandard or defective equipment, improper or absent safety measures or other negligence; and
• Death caused by medication errors, failure to diagnose or other forms of Georgia medical malpractice.Read more…