Atlanta Personal Injury Lawyers Blog

The economic recession has put a spotlight on a growing trend of financial elder abuse. Often discovered in broker fraud investigations, the notable increase in cases is probably a combined result of greed and the bad economy. The Financial Industry Regulatory Authority (FINRA), formerly the National Association of Securities Dealers (NASD), is an independent regulator for securities firms whose chief role is to protect investors. According to FINRA, the number of new arbitration cases filed for investor securities fraud increased by over 70% in 2009.

FINRA protects individuals when they believe their financial broker has recommended unsuitable or risky investments. The U.S. Securities and Exchange Commission (SEC) works together with FINRA offering education and information on brokers and firms - viewing the protection of senior investors a top priority.

For example, in 2009 FINRA awarded $1.6 million to a 95 year old investor who lost all his assets including his cash reserves, insurance money and home equity. The FINRA also protects large classes of investors, recently fining Merrill Lynch $500,000 and requiring reimbursement of over $2 million to customers overcharged for particular investments.

FINRA has the authority to bar brokers found guilty of fraud. A broker who induced an elderly client to invest in a high-risk, speculative investment was permanently barred from dealing in securities by the FINRA in 2009. The 90 year old gentleman died before his daughter discovered the fraud, but she was able to secure a settlement.

Before you invest, check out the background of the broker and their firm. With the SEC, FINRA offers a Broker Check Tool that allows you to research the professional backgrounds of firms and brokers.

Our firm is committed to helping elderly clients who have been victims of financial elder abuse recover lost assets due to fraud or mishandling of funds by financial brokers. We are equipped to fully prosecute allegations of financial elder abuse and broker fraud which often involve time-consuming investigation and arbitration. If you have any questions about financial fraud, please give us a call - we are ready to answer any questions you may have about elder financial abuse.

Last week a Cobb County Georgia jury found in favor of Kia Motors Corporation rejecting the argument that the 1999 Kia Sportage air bag caused a 69-year-old woman's death. The case revolved around a low speed car accident where a driver turned left in front of the Kia Sportage causing the airbag to deploy. Although there was only minimal damage to the cars and both drivers appeared to have only minor injuries, the driver of the Kia died soon after the accident from a lacerated aorta where the air bag hit her chest. The case centered on whether the woman was properly positioned in the car. The State of Georgia offers the CarFit program to teach senior adults how to properly position themselves safely in cars.

The woman's family sued for her wrongful death alleging the air bag was too powerful for a small SUV. Arguing that Kia knew this type of accident was possible and chose not to spend any money to "depower" the airbag to make it safer, the plaintiff's attorney told the jury she would not have died in the car accident if there had been no air bag in the car.

Wrongful death cases, particularly products liability cases such as this one, require expert testimony from both sides to explain to the jury how the death was caused. Kia relied on an expert engineer in occupant restraint systems - seat belts and air bags - who testified the woman was not seated properly for the air bag to work correctly. He gave evidence that she was leaning forward and right as if reaching for something. According to the expert, her position in the seat skewed the impact of the air bag and it struck her in an area that would have been protected if she had been seated upright and against the back of her seat. Click here for how to properly position children and adults for air bag safety.

Air bag safety is often overlooked by drivers and passengers in cars. The National Highway Traffic and Safety Administration continue to look for ways to educate the public regarding seatbelt and air bag safety. Drivers and passengers must have their seat belt properly buckled and avoid positioning their seat too close to the air bag. Short adults, such as the woman in this case, must position themselves 10-12 inches from the air bag that is in the steering wheel to be protected properly.

Continue reading "Cobb County Jury Finds Death Not Caused by Air Bag" »

A 28 year old former DeKalb police officer finally settled his case with the insurer for a charter bus that collided with his truck in heavy rain in Hall County. The young officer was off-duty at the time that he lost control of his vehicle on I-85 and slammed into the median wall - his truck was protruding into the HOV lane in which a charter bus was travelling that crashed into him shortly thereafter. Because of the traumatic brain injury (TBI), the young man is no longer able to work suffering from loss of vision and brain damage. The insurer ultimately settled for $5 million after evidence was uncovered that the bus driver was travelling 6 miles over the limit.

In Georgia, charter bus drivers must have a commercial license and operate under different rules and requirements. However, more than speed was at play in this settlement. Insurers must look at the whole case, the county in which the case will be heard, and the "sympathy factor" for the plaintiff. In this case a young police officer with a family was a very sympathetic victim. Looking at just the facts, the bus driver was caught unaware on a dark, rainy night as he came upon the truck in the HOV lane. The fact that he was speeding established at least some negligence on his part.

Additionally, the type of injury suffered by this young man - traumatic brain injury - requires specialized knowledge and expert testimony. As someone with a family member who suffered a severe head injury resulting in permanent brain damage, I can tell you that the nuances of this type of injury require skill and understanding to be able to communicate to a jury (or insurance lawyers) the full impact of TBI.

Continue reading "Metro Atlanta Charter Bus Accident ends in Traumatic Brain Injury" »

At a glance, four trucks and one car make for a great damages case - but liability (or negligence) is the first issue to address. As is common in the metro Atlanta area, rain was a factor in this semi-truck accident. A jury recently returned a verdict for the four trucks involved in a multi-vehicle accident on I-20 in Augusta, Georgia. The reason? A flustered plaintiff on the witness stand.

What appeared to be a sure win for the plaintiff took a turn for the worse when he became flustered on the stand and began to agree with the defense attorneys regarding the location of his car, the speed he was traveling, and the location of the trucks involved. Witness preparation is an important aspect of case preparation in any trial attorney's arsenal. Generally it includes role-playing where the witness is cross-examined by one of his attorneys and asked tough questions in order to give him an idea of what may come while he is on the witness stand. More complex issues or witnesses who lack confidence may benefit from a session or two with a psychologist.

Further, truck accidents require special knowledge of the many federal regulations the truck drivers and their trucks operate under. For example, every year trucking companies must make sure their drivers are still qualified to drive a commercial vehicle.

Continue reading "One Car, Four Trucks - August, Georgia Accident" »

While it was undisputed that the defendant caused the accident, a plaintiff had her work cut out for her it convincing a DeKalb County jury that the back injury she suffered was caused by the accident. The 46-year-old woman suffered spine injury and disc compression in the car accident. However, one of the elements in a personal injury case such as this is proving causation. Using medical records, expert physician testimony, and testimony of family and friends is often the most logical way to prove causation.

As trial attorneys, we often use all of the above to prove causation. Most important are the medical records which can show the timing and course of treatment. In this case, the woman did not visit a physician until two months after her original emergency room visit after the accident. Because back injuries can show up gradually, an experienced attorney will be prepared to "connect the dots."

Continue reading "$350,000 Jury Award in DeKalb Car Accident Case" »

A motorist involved in a trucking accident in DeKalb County, Georgia suffered severe injuries to his arm and can no longer work. Under a law that had been created to close a loophole that could allow out-of-state trucking companies to escape liability, the jury was allowed to consider the direct liability of the South Carolina trucking company.

Generally Georgia law protects insurers from being named in lawsuits with those they insure because disclosure of insurance coverage can be highly prejudicial. However, the Direct Action Statute at O.C.G.A. 46-7-12 does permit such lawsuits. The statute requires in-state trucking companies to file certificates of insurance with the Public Service Commission. Because there is no such governance for out-of-state companies the legislature allowed direct action against trucking companies in the law.

Continue reading "$1.29 Million Awarded to Injured Motorist in DeKalb County" »

A Macon County, Georgia jury awarded a motorcyclist $650,000 for injuries he suffered to his back in a motorcycle accident. Apparently the driver of the car did not see the motorcycle. This is one of the most common causes of accidents involving motorcycles. The Motorcycle Safety Foundation has published a list of safety tips for car and truck drivers to help reduce the number of motorcycle accidents. In a prior posting, we covered some of the issues motorcyclists face on public highways.

The motorcyclist was a 49 year old truck driver riding his bike on a country road when a car pulled out to make a left turn in front of him. Unable to avoid the car, the two vehicles colided leaving the cyclist with broken bones and permanent back injury.

You might wonder what it takes to prove negligence and injury in this type of case. Often, expert witnesses are called to testify to the medical injuries or to reconstruct the accident to show who was at fault. In this case, there were two independent eyewitnesses who were able to testify to what they saw happen. The trooper who worked the accident testified that there were over 147 feet of skid marks from the motorcyclist showing he attempted to avoid the accident. With eyewitness testimony and a good work up of the accident by the police, the facts are almost indisputable.

Continue reading "Motorcycle Accident Results in $650,000 Jury Award" »

Is there an easy cure for distracted driving, particularly texting, emailing and talking on a cell phones while driving? Cars have so many safety devices in place already that remind drivers to fasten their seatbelts, make sure all doors are closed, and let you know if the engine is too hot - it can't be too far-fetched to think someone will come up with a way to curb the use of cell phones while driving. Georgia has joined the many other states which ban or limit cell phone use with the recent passage of a law forbidding texting while driving.

Because it is so difficult to enforce the texting ban - after all, unless a police officer pulls up next to you while you are texting it will be pretty difficult to ticket for this offense - I believe consumers will come to rely on other devices to limit the use of cell phones while driving. For example, technology may be developed and built into a car that will limit the use of a phone except in emergencies.

Research has shown that talking on a cell phone is distracting to drivers whether they are using a hands-free device or holding the phone. The U.S. Department of Transportation's Research and Innovative Technology Administration is trying to find ways to reduce mobile device distractions - the problem is creating a technology that provides safety without causing an additional distraction for the driver. In others words, it is all about getting drivers to just drive.

Georgia recently banned texting, a one form of distracted driving which has been responsible for many car accidents. The Senate and House also sent a bill to the Governor banning any use of cell phones while driving by 16-17 year old drivers. Distracted driving is a problem and the U.S. Department of Transportation has an entire website devoted to it.

Admittedly, these laws are important, but Georgia already had a law on the books that made it illegal to use a mobile device improperly while driving. Police officers frequently used this law when investigating accidents and cited drivers who were distracted by their cell phones and caused a car accident. The improper use of a mobile device and the new laws will carry a one point penalty in addition to fines.

The Georgia legislature is in session only 40 days a year and with all the other pressing concerns related to economic recovery in Georgia; it might have spent its time on issues that were not already addressed in the code. As you can imagine, several legislators took the opportunity to gain positive political press on the issue.

Once again we were able to take a breach of contract case and turn it into a six figure win for our client. Construction arbitration by its nature requires detailed preparation to protect a client's rights under a contract. In this case, our client provided large scale resort management services to a large real estate developer in north Georgia. When the developer breached under the terms of the contract, we conducted a thorough review of the financials, agreements, and possible resolutions before presenting our case in arbitration.

The Atlanta Journal and Constitution recently reported on a series of wrong way crashes that resulted in fatalities including two on I-20 and one on State Bridge Road in Johns Creek. While the final reporting numbers are not in, the Georgia State Department of Transportation says about 22 people have been killed since 2004 by a wrong way driver just in the metro Atlanta area. The DOT believes most of the drivers in wrong way car crashes are impaired due to alcohol, drugs or prescription medications.

The DOT has looked at other possible barriers to cars gaining access to the wrong way ramps. They cannot use the traffic spikes that lay flat when going the right way, but puncture tires when going the wrong way because emergency vehicles often have to go the wrong way on ramps.

Each year motor vehicle crashes in Georgia affect thousands of citizens. According to the most recent data provided by the Georgia DOT, car accidents are the leading cause of death for persons ages 1-35. Our state's population growth (which did slow in the past 18 months due to the sluggish economy) and the reliance on personal passenger vehicles versus mass transit have contributed to the high numbers of deaths caused by car crashes. I read in the AJC the other day that our population has begun to grow again, I hope the state will give serious thought to increasing our mass transit availability at least in the metro area as one apporach to reducing traffic injuries and fatalities.

For the second time in less than two months a wrong way driver was involved in fatal accident on I-85 . Both accidents occurred between Shallowford Road and Chamblee Tucker Road. If you are familiar with the area you know that some of the ramps in the area can be confusing, especially when alcohol is involved. Apparently, the wrong-way driver was also DUI and as he travelled north in the southbound lane he struck another car killing the driver.

Not only will the wrong-way driver face criminal charges he will also probably face a personal injury lawsuit for wrongful death. Most car owners look to their insurance policy to cover them in the event of a car accident, but most owners don't have enough liability insurance to cover a fatal accident. When you cause the death of another person, you are liable for the "full value" of their life which includes future earnings and the enjoyment of life plus pain and suffering.

How is the value determined? The courts will look at the age and life expectancy of the person in addition to their earning capability. For example, a college student working on his masters will have a higher earning capability than someone with only a high school degree who works as a landscaper.

There are many issues involved in wrongful death actions. If you have any burning questions related to wrongful death that you would like answered, post a comment on our website.

Having passed the House and now returned from the Senate, the proposed texting law which would amend OCGA 40-6-241 making the use of a mobile telephone for writing, sending or reading a text-based message a traffic offense punishable by a fine of up to $150.00 is in its final phase before the House. The bill also includes provisions for teen drivers under the age of 18 allowing for suspension of their driving privileges and fines for texting while driving.

Because distracted driving has increased the number of traffic accidents causing injury and death, many states have already enacted bans on texting while driving. Read more about texting and distracted driving in my previous post.

Today the Georgia Supreme Court held in Atlanta Oculoplastic Surgery v. Nestlehutt that the limits on pain and suffering in medical malpractice cases violates the constitutional right to trial by jury. In a unanimous opinion, the Court found that the noneconomic damages caps in O.C.G.A. 51-13-1 of the 2005 Tort Reform bill, violate the right of a jury to determine the amount of damages to be awarded a plaintiff.

Although, recognizing that the caps were enacted by the Georgia Legislature to address "what the General Assembly determined to be a 'crisis affecting the provision and quality of health care services in this state,'" the Court specifically concluded, "The very existence of the caps, in any amount, is violative of the right to trial by jury."

What does this mean to plaintiffs involved in pending medical malpractice cases? Because a law that is unconstitutional was unconstitutional from its start, the caps limitation will be rolled back retroactively. Any lawsuits still before the courts, even if filed prior to the Nestlehutt opinion and after the 2005 Tort Reform Bill, will not be subject to the caps limitations of $350,000 for any verdict against one or more physicians and $350,000 for each verdict against a hospital or healthcare facility up to $750,000 and a maximum total against all physicians, hospitals and health care facilities of $1,050,000.

With the passage of the Healthcare Reform bill yesterday and the striking down of the caps on medical malpractice cases in Georgia today, this is will be an interesting week full of commentary and opinion regarding the state of healthcare in Georgia.

In 2008, the National Highway Traffic Safety Administration reported a total of 320 fatalities due to car crashes involving police pursuit. Of that number, Georgia was responsible for ten percent with 32 reported fatalities due to the police chase of a suspect, second only to California which had 34. This is an increase from 2007 where Georgia had 24 reported fatalities related to police pursuit. However, the lack of a mandatory reporting system has made it difficult to collect accurate data on dangerous police chases and we don't know exactly how many other deaths and injuries in Georgia were a result of police chases.

In Georgia, most law enforcement departments give wide discretion to the officer to determine the need to apprehend a suspect. Hence, Georgia is at the top of the list for the number of reported fatalities linked to high speed chases. Most police agencies have guidelines in place for officers to follow in weighing the need to apprehend the suspect versus the danger involved to themselves and others. Generally, most guidelines do not allow for the high speed chase of someone who has committed a minor traffic infraction such as running a red light or speeding 30 miles over the limit.

In addition to the deaths, there are hundreds more injuries. Unfortunately, innocent third parties are often the victims of high speed chases. These individuals are in the wrong place at the wrong time through no fault of their own. Each year the call for an end to high speed pursuit becomes stronger.

The debate centers on which crimes call for an unbridled police chase. Most people believe only the most violent of crimes deserve the risk that is placed upon anyone in or near the roadway of a police chase. Many others believe no pursuit of any type of criminal suspect is worth the risk to innocent victims. Personally, I can think of very few instances when a high speed chase is warranted. I have read too often of families who have lost a loved one because a police officer decided to risk innocent lives in the name of apprehending a suspect.

Even with the number of wrongful death lawsuits against Georgia, its counties and municipalities, there does not seem to be a reduction in the number of high speed chases. How many other agencies allow practices that so definitively result in a bad outcome at such a frequent rate?

Due to statutory notice provisions, families must act quickly to preserve their rights to sue a state or local government entity and its police department. In Georgia, within a year of the event the county or state must be given notice of the potential claim. It is even shorter if it is a municipal agency which requires notice within six months. This type of notice is often called the ante litem notice. The ante litem provisions are strictly construed and there is virtually no way to extend the period for providing notice. Therefore, it is very important that anyone with a potential claim against a state, county, or municipality confer with an experienced trial attorney as soon as possible after an injury.