Georgia Injury Lawyers Blog

Requirements for Workers’ Compensation in Georgia

May 22, 2017 | by Slappey & Sadd, LLC

The workers’ compensation system is a no-fault insurance system whereby employees give up their right to sue their employers for personal injuries in civil court in exchange for a fixed set of benefits they will receive if they are injured on the job, regardless of fault. If an injured employee were to sue his or her employer for personal injuries in civil court, he or she would have to show fault on the part of the employer and prove all the elements of a personal injury claim, while the employer would be able to defend itself using every legal defense available. In those cases, the injured worker might be able to recover more than he could get through workers’ compensation benefits, but, then again, he could end up getting nothing at all. The workers’ compensation solves this problem by barring personal injury suits by employees against their employers, but guarantees compensation to injured employees.

Each state runs its own workers’ compensation system and has different requirements for participation in the program.Here, we’ll take a look at Georgia’s.

Georgia Workers’ Compensation Eligibility

Should I Use an Auto Insurance Tracking Device?

May 15, 2017 | by Slappey & Sadd, LLC

If you’ve ever applied for a new auto insurance policy, you’ve probably been given the option to install a device in your car that tracks your driving habits. These devices are known as “telematics” and almost all major insurance companies now offer them to their customers in exchange for potentially reduced premium rates. The devices attach to the vehicle’s OBD-II port and collect data from your car’s computer. Insurance companies can program them to monitor different metrics, but some of the most common are:

Time the car was used
Distance driven

Do Pedestrians Always Have the Right of Way?

May 11, 2017 | by Slappey & Sadd, LLC

You’ve probably heard the very old, very common saying: “Pedestrians have the right of way.” While it’s a good idea to always give pedestrians a little more leeway than you would ordinarily give to vehicles, it is not true that pedestrians always have the right of way. Laws regarding pedestrian right of way vary by state, but below, we will take a look at how the law works in Georgia.

When Pedestrians Have the Right of Way

Crosswalks: Pedestrians have the right of way in crosswalks. In Georgia, drivers are required to come to a full stop (not just yield) when a pedestrian is within a crosswalk that is on the half of the roadway upon which the car is driving, or when the pedestrian is approaching and is within one lane of the half of the roadway on which the vehicle is traveling or turning onto. “Half of the roadway” in this case means all traffic lanes carrying traffic in one direction of travel. So if you are driving on a road that has five lanes (two going in each direction with a turn lane between them), and a pedestrian enters from the far side of the road walking across your path, you must stop as soon as they enter the turn lane–this is the lane that is within one lane of the half of the roadway on which you are driving.

When to Hire a Lawyer After a Car Accident

May 5, 2017 | by Slappey & Sadd, LLC

No one is ever truly prepared for a car accident—you’re simply driving along, maybe listening to your favorite song, and out of nowhere your life changes in an instant. Although every accident is different, there are some important steps you need to take after you’ve been involved in one to make sure that the police and insurance companies have all of the information they need to make a determination of fault and compensate the victims. If an accident is particularly serious, you may even need to hire an attorney.

Let’s take a look at the steps you need to take immediately after an accident and when you might want to consider hiring an attorney.

What to Do After a Car Accident

What is a Georgia Dram Shop Claim?

May 1, 2017 | by Slappey & Sadd, LLC

A “dram shop” is the legal term for a bar or any other establishment that sells alcohol to members of the public. As a matter of public policy, many states impose strict liability on establishments that serve alcohol to individuals who cause injuries or death as a result of their intoxication. These laws vary from state to state—some apply to all intoxicated persons, while others apply only to minors. Some limit liability to cases involving intentional conduct on the part of the bartender, while others require only negligent conduct.

Below, we’ll take a look at Georgia’s dram shop law and what you need to prove to establish a claim under it.

Georgia’s Dram Shop Law

Surgical Errors Can Entitle Victims to Significant Compensation

May 1, 2017 | by Slappey & Sadd, LLC

A surgical error is any preventable mistake that a surgeon makes during surgery and, as such, they are a major cause of medical malpractice lawsuits. Experts estimate that that surgeons commit over 4,000 preventable mistakes every year, which cost the medical industry more than $1.3 billion in malpractice payouts. But what exactly is a “surgical error”? Some of the most common situations that fall into that category of medical malpractice include:

Injuring nerves during surgery
Administering too much or too little anesthesia

Pedestrian Accidents in Atlanta

April 26, 2017 | by Slappey & Sadd, LLC

Traveling by foot is not terribly common in the United States. In fact, only 11% of transport happens on foot, yet pedestrians are involved in 13% of vehicle-related fatalities. Each year, more than 4,000 pedestrians are killed in collisions with automobiles, while another 70,000 are injured. These are shocking statistics , but what is even more shocking is that the majority of pedestrian accidents are not caused by the behavior of drivers, but by the pedestrians themselves.

Causes of Pedestrian Accidents

According to the National Highway Traffic Safety Administration , 73% of pedestrian fatalities occur in urban areas, which is to be expected, since foot travel is more common in more densely populated areas. Thus, being a pedestrian in an urban environment alone increases your risk of being involved in an accident, but there are a few more specific causes of pedestrian accidents. Some of these situations are the fault of the pedestrian, while others are the fault of the urban environment.

Rear-End Accidents: Is the Driver in the Following Vehicle Always at Fault?

April 21, 2017 | by Slappey & Sadd, LLC

Usually, but not always.

Rear-end crashes are the most common type of vehicle accident in the United States, accounting for about 1.7 million crashes each year. Of those crashes, about 1,700 are killed and an additional 500,000 are injured. If you have been driving for any length of time, you are probably under the impression that the driver of the following vehicle (the one that crashes into the back of the lead vehicle) is always at fault for rear-end accidents. While it is true that the drivers of rear vehicles in rear-end crashes are usually mostly at fault, there are several situations that can reduce or entirely eliminate the rear driver’s liability.

Why Following Drivers are Almost Always at Fault

What are Pain and Suffering Damages and How are They Calculated?

April 20, 2017 | by Slappey & Sadd, LLC

Damages in a personal injury lawsuit are designed to compensate the plaintiff for the injuries he has suffered and to put him the same position he was in before the accident occurred. Some types of damages are objective and easily calculated, such as medical expenses and lost wages. But pure economic damages are often not enough to make the plaintiff whole again. After all, he has just undergone a traumatic ordeal and suffered injuries that are not as easily quantifiable as medical bills and lost wages. This is where non-economic damages come into play. Non-economic damages are the abstract damages a plaintiff suffers during and after an accident, such as pain and suffering, loss of consortium, and loss of enjoyment of life.

These types of damages are a little trickier to calculate.

Measuring Pain and Suffering

Car Accidents Can Cause Brain Injuries

April 19, 2017 | by Slappey & Sadd, LLC

Car accidents can lead to a number of injuries, including bruises, broken bones, and whiplash. One of the more severe injuries that are common in car crashes are brain injuries. According to the Centers for Disease Control and Prevention, 14.3% of all traumatic brain injuries are caused by car crashes, affecting roughly 2 million Americans per year. These types of injuries are so severe because the brain is the most important organ in the body, and even minor injuries to it can have long-ranging and life-altering effects.

Causes and Effects of Traumatic Brain Injuries

Traumatic brain injuries are caused by violent blows to the head, either from being struck with an object or from the head coming into contact with a hard surface. There are two types of traumatic brain injuries: open and closed. An open traumatic brain injury occurs when a foreign object pierces the skull and enters the brain. A closed traumatic brain injury is caused by a bump or a blow to the head. Because closed head injuries are much more common than open head injuries in car crashes, that is the type that we will focus on here.