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Slip and Fall

Personal Injury Lawyer in DeKalb County, GA

When you enter into a store to do your routine weekend grocery shopping, the last thing you expect to leave the store with is a slip and fall injury. It is likely that you shop at this store for your family because it is kept nice and clean, so you normally expect the floors to be swept and freshly mopped.  But what you don’t expect is there to be no sign indicating a wet floor. If you or someone you know has suffered a slip and fall injury due to a wet floor in a store or any location, it is likely that there is compensation that can be awarded to you.

It is a property owner, or manager’s duty to place warning signs on floors that are slippery than they would be on a regular basis due to mopping, painting, or anything that can lead to an injury. When this does not happen, and someone is hurt because of it, it becomes the responsibility of the property owner. This is not something that happens only on tiled or hardwood floors like many people may suspect, although very common. Rugs may not be properly placed on the ground, carpet may be torn or lifting out of place, floor may be uneven, and there may also be breakage in the floor that causes a trip. If parties that may come in contact with this poorly managed, or freshly maintained flooring has not been informed, this can cause a slip and fall accident.

If you have been a victim of a slip and fall accident, just like in auto accidents, it is best to gather information of any witnesses, photos of the scene in which the incident occurred, seek medical attention as soon as possible, and contact an attorney.

By speaking with a skilled personal injury attorney, like a personal injury lawyer in DeKalb County, GA from Andrew R. Lynch, P.C. , you allow yourself the opportunity to focus on healing. With the right attorney, liability will be proven, and with the facts of your case presented, you will receive compensation for the injuries sustained. In some cases, lost wages, and pain and suffering are also accounted for. Slip and falls can occur anywhere, so it is wise to pay attention to your surroundings. However, no matter the condition of the premises, some things are inevitable. Speak with an attorney so that you are not punished any more than you have to be for someone else’s negligence.

How much are Carbon Monoxide Poisoning Cases Worth?

Personal Injury Attorney

Lawyers represent people who have been poisoned by carbon monoxide and suffered serious injuries from the effects of the toxic gas. When negligence was a factor, a carbon monoxide poisoning lawsuit can usually be filed against the building owner, landlord, manufacturer, building manager, contractor, maintenance worker, and so forth. Most negligence is the result of:

Known Carbon Monoxide Settlements and Verdicts in the U.S.

Each year, approximately 15,000 people are injured by carbon monoxide exposure, and another 500 people lose their life. Whenever negligence was the reason for the exposure, the victim or their loved one can pursue damages for medical care, lost wages, pain, suffering, and more. The following settlements and verdicts have been awarded to victims across the U.S.

A family in Virginia suffered severe exposure and harm due to faulty building repairs. Their lawyer recovered damages for medical care, pain, suffering, and more.

A family filed a wrongful death lawsuit on behalf of their loved ones, a couple, who died from faulty repair work in Virginia. Funeral and burial costs, loss of future income, loss of consortium, and punitive damages were awarded.

In Wyoming, a 23 year old woman was poisoned by a furnace that was 30 years old and should have been replaced. The woman suffered a permanent brain injury and was awarded a significant amount of compensation by a jury.

In another case involving a faulty furnace, a young girl lost her life and her little brother suffered serious harm. Multiple parties were found to be liable and after mediation sessions, a settlement was reached.

In 2018, a young boy died in a North Carolina hotel room after being poisoned by carbon monoxide. His family filed and won a wrongful death lawsuit that included punitive damages.

The same hotel also paid a large sum of money to the family of a couple who died in the exact same room as the young boy.

In Colorado, a seven figure award was given to a woman vacationing in a home that did not have carbon monoxide detectors. She filed a lawsuit against the property owner for medical expenses, lost wages, pain, and suffering and other non-economic damages and won.

No two cases are alike and the results of one case cannot be used as any type of indication of what our carbon monoxide poisoning lawyers may obtain for you. What you should understand is that there is a strong precedent for reaching ample verdicts and settlements in cases that involve carbon monoxide poisoning .

How much is my case worth?

Until you speak with a lawyer, it is impossible to tell you what your case is worth. In general, the more serious the injury was, the more you will receive. Factors certainly apply and could increase the value of your case. There are statutes of limitations to file a lawsuit. The sooner a personal injury lawyer Milwaukee, WI offers is contacted, the more likely that important evidence can be properly gathered.


Thank you to our friends and contributors at Hickey & Turim, SC for their insight into carbon monoxide and personal injury cases.

I Believe My Doctor Breached the Patient Confidentiality Agreement, Do I Have Any Legal Options?

Personal Injury Lawyer

There are some relationships that, by their nature, mandate the consent of at least one party before any information can be disclosed to another party. Common relationships that require consent include a doctor and a patient, a therapist and a patient, and a lawyer and a client. Relationships like these typically involve sensitive information. The confidentiality agreed to upon the joining of the relationship serves to facilitate open communication. As a result all parties interests can be served to the best of the ability by the doctor, therapist, lawyer, and so forth.

If you believe a doctor breached the doctor-patient confidentiality agreement, you might wonder whether or not you can file a medical malpractice claim? This information focuses on doctor-patient confidentiality breaches. If you have further questions or concerns, you may contact a medical malpractice lawyer for further advice.

Understanding Doctor-Patient Confidentiality

Doctor-patient confidentiality is based on the idea that a patient need not be concerned about getting medical treatment out of fear that his or her symptoms, diagnosis, or condition will be disclosed to another party. The goal of this relationship based in confidentiality is to help patients to feel so comfortable that they will provide all relevant information. As a result, the doctor is better equipped to make an accurate diagnosis; thereby, provide the patient with the right medical treatment.

When a doctor retains a patient, the patient can expect that the doctor will keep their information withheld from other party’s; thus, it remains confidential and exclusive for the benefit of the patient. Furthermore, the doctor is not allowed to disclose any patient information to another party without the consent of the patient. The exception to this would include:

Patient information may also be viewed by the doctors’ nurses, technicians, or other medical specialists treating the patient on behalf of the doctor’s orders.

What Does Doctor-Patient Confidentiality Cover?

The confidentiality agreement covers what a patient reveals to the doctor and any opinions or conclusions of the doctor after an examination. It also extends and covers every part of a medical record including:

When a Breach Occurs

A breach between the doctor-patient confidentiality agreement happens when the private information of the patient is disclosed to a third party without the consent of the patient. The exceptions to this would be disclosing information to:

Under all states’ laws, patient confidentiality is protected. If a breach occurs, and causes harm to the patient, they could have the right to pursue compensation for medical malpractice, invasion of privacy, or other kinds of legal torts.

The Length of the Confidentiality

The confidentiality agreement continues even after the patient has stopped receiving treatment by the doctor. Depending on the state, it even survives the death of the patient. This means is the patient dies, his or her records will remain confidential.

Has Your Doctor-Patient Confidentiality Agreement Been Breached?

Your medical records should never been shared to another party without your consent. If that has happened, you should talk with a medical malpractice lawyer to find out what steps you can take to ensure this does not happen again, and that you are compensated for any losses that resulted.

Motorcycle Accidents: The Dreaded Left-Hook

Car Accident Lawyer

Accidents involving motorcycle riders continue to climb across the nation. This unfortunate reality proves that roads still need to be made safer for riders, and in order to do this, the more common types of motorcycle accidents should be evaluated so the problem can be tackled at its roots.

One particularly common motorcycle crash is the serious left-hook accident, often seen at intersections. This accident occurs when a driver makes a left turn and fails to yield to a motorcyclist. Naturally, a motorcyclist often assumes that when a car is turning left in front of him or her, it will yield. However, the human brain tends to look out for larger objects in this situation, such as a car.

The consequences of a left-hook crash can be devastating. The driver can run the motorcyclist down, or he or she may get thrown off of the bike if there is a collision with the side fender of the car. Many times, a driver will say they did not see the motorcyclist after a left-hook accident, and they may try to blame the motorcyclist’s position at the time of the crash. Although this is often a cause of a brain “blindspot,” the driver is still at fault.

Associated left-hook injuries

A motorcyclist is normally thrown from his or her bike after being struck by a larger vehicle. Injuries include major trauma to the head from a pavement or windshield impact, broken bones, road rash, lacerations and other contusions. You may also suffer losses that are not physical, such as the totaling of your bike.

As you are trying to heal, you may be contacted by your insurance company and the insurer for the driver who caused the accident. It’s best to avoid speaking to insurers, and you should not give out any details of the accident to them. Essentially, the insurance company will simply want to settle your case as soon as possible to avoid the hassle and expense of going to court. However, they do not have your best interests in mind, and they may try to have you sign a document that says you will take a smaller amount than you are entitled to receive. While a small settlement now to avoid court may sound appealing, it can be a big mistake when your medical bills pile up later.

It’s time to get help

Since these accidents can cause a rider to suffer a major injury, it is wise to speak to an experienced motorcycle accident lawyer trusts as soon as you can. Your attorney will help collect evidence of your injuries, medical bills and losses so you can prove your case in court. They will also handle the insurance companies for you, so you don’t have to settle for less or deal with the stress while you are trying to recover. You may not ever be the same as you were before the accident, but having money to cover your bills and losses associated with the crash is essential.

Proving Liability after a Car Accident

Car Accident Attorney

In the aftermath of a car accident, it’s important to work with a car accident lawyer to establish that the other driver was responsible for causing the crash. If you suffered a serious injury as a result, it is even more reason to hire an experienced car accident lawyer who can protect your best interests. Because the other driver may wish to avoid taking responsibility, though you are certain you didn’t cause the accident, it will be necessary to prove it. Lawyers have helped many victims in this situation. They have experience representing injured drivers and are in a good position to help you. They have the resources and the commitment necessary to get you the fair settlement you deserve for your damages.

Experience Matters

No two car accidents are exactly the same because of all the many variables involved. In determining a solid case that proves the liability of the other driver, it can require years of experience and an intimate understanding of motor vehicle laws. An auto accident lawyer  has a clear understanding of what is necessary to establish beyond doubt that a client deserves compensation for their damages. They will make every reasonable effort to prove liability of the other driver after a thorough investigation of how the accident occurred.

We Have the Necessary Resources

After an accident occurs, each driver may point the finger at the other driver in terms of who is responsible for having caused it. If one of the drivers sustained a significant injury, they will need medical care that is likely to be very costly. Their damages may also include a loss of income while they recover and possibly emotional injuries in the aftermath of having been in a horrific car accident. When a victim in these circumstances comes to a car accident lawyer, they will look very closely at their case. If it’s evident that they were not responsible for the accident, their attorney will make every effort to prove that. Depending on the circumstances, your attorney may leverage any of the following resources to help your case:

 

 

Thank you to our friends and contributors at Cohen & Cohen, pc for their insight into car accident claims.

What Can I Do About Wage Garnishment?

Personal Injury Attorney

Wage garnishment can happen as a result of a court order, in which your employer must retrieve a portion of your paycheck to pay creditors or another person that you owe money to. Wage garnishment may be required if you are overdue on paying child support, student loans, consumer debts, and more. You do have rights when it comes to how much can be taken from your earnings at one time. Those who have never had their wages garnished before, may be shocked to see a decent chunk of their paycheck has been withheld.

What are the different types of garnishment?

Wage garnishment is actually quite common. It is estimated that around hundreds of thousands of people per year may have their wages garnished for one reason or another. However, accessing an employee’s paycheck is not the only way that a creditor may force payments. The two types of garnishment are described as follows:

  1. Wage garnishment = creditors can require your employer to give up a part of your paycheck in order to pay off debts
  2. Non Wage garnishment = creditors can tap into your bank account to access funds, which may also be referred to as a bank levy

Does the person receive notice that their wages are going to be garnished?

It is standard protocol for the court to send a notice to the person and the employer or bank about the wage garnishment. The garnishment begins anywhere from 5-30 business days after the approval, and may continue until the debt is paid off.

Do the laws regarding wage garnishment vary by state?

Yes, each state has established laws about garnishment and can vary substantially. Your state may or may not have certain protections in place, which help safeguard your earnings. Some states may have exemptions, particularly for those who are head of household and have dependent children.

Is there anything someone can do about the wage garnishment?

You may have to do research on your own or meet with a legal professional about what laws pertain to your state, and how to exercise your rights. If you firmly believe that the wage or non wage garnishment is inaccurate, you can turn to a work injury lawyer for advice on how to fight the error. In some rare circumstances, a person may suffer undue harm to his or her finances because of the mistake. In general, here are examples of rights and actions that may apply to you:

 

 

Thank you to our friends and contributors at Hickey & Turim, SC for their insight into wage garnishment and workers comp.

May I Receive Workers’ Compensation Benefits If the Accident Was Partially My Fault?

Workers’ Compensation Lawyer

Every workplace injury situation is unique. And for workplace safety purposes, understanding the context surrounding every injury and workplace illness is key to preventing similar harm in the future. However, context is not necessarily a primary concern when discussing eligibility for workers’ compensation benefits. Although there are times when the issue of fault is important in determining eligibility, these instances are rare. In general, if a worker is injured or made ill on the job and that worker is covered by workers’ compensation insurance protections, that worker is eligible to receive workers’ compensation benefits associated with the harm that he or she has suffered.

Accidents are generally caused by a variety of factors in combination. It is rare that a worker is entirely at fault for a workplace accident. For example, say that a truck driver is involved in a collision. That truck driver believes he or she is at fault for that collision because the truck operator was drowsy at the time of the crash. However, the driver had been significantly pressured by his or her employer in the days leading up the collision to make more deliveries than normal on a tighter timetable. Technically, the truck driver may be at fault for being drowsy while driving, but the employer is at fault for placing the driver in a position to be operating heavy machinery while overworked.

Because multiple factors in combination tend to inspire workplace accidents, it can be difficult to correctly assign fault in situations that result in injury. Partially as a result of this fact, many workers remain fully eligible to receive workers’ compensation benefits in the wake of an accident, even if a review of the situation places the worker partially (or even totally, in some situations) at fault for the harm caused. Workers’ compensation almost always operates as a no-fault system. In exchange for the fact that workers’ entitled to benefits may not generally sue employers when they are harmed on the job, they tend to remain eligible for benefits regardless of accident-related fault.

With that said, it is important to note that there are situations in which a worker may be considered ineligible to receive benefits based on fault. If a worker brings a loaded gun to work with the intention of harming others and ends up literally shooting himself or herself in the foot in the process, that worker will not be eligible to receive benefits even though the accident occurred while the worker was on the job.

Legal Assistance Is Available

If you have questions about workers’ compensation benefits generally or eligibility specifically, please consider reaching out to an experienced work injury lawyer. Lawyers whose practices specialize in workers’ compensation and worker safety will be able to advise you of your legal options after learning about your specific circumstances. If you are eligible to file a workers’ compensation claim, an attorney will be able to help you navigate the claims process as successfully as possible and with as few delays as possible.

 

 

Thank you to our friends and contributors at the Law Offices of Franks, Koenig and Neuwelt for their insight into workers’ compensation benefits and fault.

Hit and Run Injury

Car Accident Attorney DeKalb County, GA

Hit and run accidents can be the worst. Not only is it frustrating to know that the person that is likely at fault for your vehicles damages possibly got away without any accountability, they likely left the scene and left you with injuries you may have to cover yourself due to lack of the other parties insurance information. This does not always mean you are out of luck, with the right help you may be able to be compensated for both your property damages and physical injuries.

In these cases, your own insurance policy limits will determine what you recover in damages depending on the extent of your injuries and damages. Remember, however, that Personal Injury Protection does not cover property damage and you are required to have collision coverage for any damage done to your vehicle.

Unfortunately, to recover the damages in a hit and run accident, you will likely have to find the person responsible for the accident, despite their leaving the scene. If you cannot do this, you will need to have already had uninsured motorist insurance, which many people do not know they need until it is already too late, or will refuse to save money. This coverage pays for the losses and damages caused by an uninsured or underinsured party, which is equivalent to a party that did not provide insurance information due to fleeing the scene.

Just because you involve the police, many hit and run drivers still manage to get away if you are not able to gather pertinent information, such as a tag number, or anything unique to the car or driver involved. Although there will be a rush of adrenaline going through you, try to gather as much details as you can: partial tag numbers, make, model, and color of the cars are all details that can help when pursuing the driver. Look for and speak with witnesses, and take as many photos of the scene and damage as you can.

There are several reasons drivers flee the scene of a hit and run, and it is likely that they cannot afford to pay for the damages caused, including your medical care. So it is best to speak with a skilled car accident attorney DeKalb County, GA relies on at Andrew R. Lynch, P.C. who has experience in these types of cases. By doing so, you widen your chances of being compensated for damages and injuries that you may not be able to recover on your own. A knowledgeable attorney will be able to use all resources available to you to make sure you get what it is that you deserve.

Infant Death Due to Defective Crib

Wrongful Death Attorneys DeKalb County, GA

When you bring your new baby home, if not in your arms majority of his or her time in the home, your baby will be in its’ crib. You never expect the product that you rely on to carry a life, could also take that life. Drop-side cribs have played a part in several infant deaths. Despite their designs intent, they are dangerous to the infants.

Drop-side cribs are cribs that allow both sides of the crib to rise and fall so that parents are able to easily place or remove their child from the crib. But these products also pose a threat by suffocation or even strangulation. These cribs require very specific assembling instructions and the tiniest slip up, or miscalculation may cause the crib to function improperly. And you do not want this to happen. This means purchasing a used drop-side crib from a garage sale or other sources is a bad idea, as they may already be missing parts that are necessary to assemble a secure crib for your child.

Drop-side cribs have been recalled by several popular brands, and defects with these products are the leading cause for these recalls. In the event that a manufacturer is at fault for the defect of your product you may be able to file a claim for product liability claim. A manufacturer may be deemed at fault if there are no warning labels for hidden threats or if the product is not equipped to fulfill the duty it is intended to fulfill. Unfortunately, these types of cases occur more often than not, which of course has lead these items to be pulled from the stores, but also has put several families and companies through a lot of legal drama.

No parent should have to lay his or her child to rest due to faulty equipment they purchased to actually lay their child to rest. If you or someone you know has lost a child due to a defective drop-side crib it is important that you speak with skilled wrongful death attorneys trusts at Andrew R. Lynch, P.C. who are experienced in personal injury as well as negotiating because cases of these magnitude, where a life has been lost, require an attorney that will fight for what you and your family deserves.

Bed Rail Injuries in a Nursing Home

Personal Injury Attorney

When an elderly person is placed in a nursing home, their bed will likely have bed rails on the side to prevent them from falling out. Even though they are meant to keep people safe, there are dangers. In fact, bed rails are a significant cause of injury and death in a nursing home.

If your loved one was injured because of a bed rail in a nursing home, call a nursing home lawyer now.

Bed Rail Injury Statistics

Government agencies who monitor nursing homes have spoken out and said that it is likely that many bed rail injuries are not being reported; therefore, these statistics from the FDA may be higher.

How Bed Rails in Nursing Homes Can Cause an Injury

The most common way for an elderly resident to be injured by a bed rail is after they become lodged between the mattress and the rail of the bed. Although the average, healthy adult might be able to get out of this situation, an elderly person who is old, frail, and even on medication, may not. When they fall into this gap, they may lack the strength to pull themselves out.

Over the passing time, the weight of their body may sing further in the space, eventually leading to compression of the chest cavity. Once this happens, breathing may become difficult. If no staff checks on them in this period of time, cardiac arrest or asphyxiation might occur.

As a nursing home lawyer, some of our cases have also involved an elderly patient who was disorientated or chemically restrained and tried to climb or roll over the rails, leading to a fall. Broken bones, fractures, and head injuries are likely.

The Advantages of Bed Rails in Nursing Homes

Bed rails are placed on the sides of beds in a nursing home. These facilities use them because:

The Disadvantages of Bed Rails in Nursing Homes

The primary reason bed rails can be dangerous is that they are not regulated; therefore, not all resident’s will benefit from them. For over 30 years, there has been monitoring of the injuries and deaths linked to bed rails in nursing homes. Furthermore, a large number of claims and lawsuits have been filed and won with the help of a bed rail nursing home lawyer. However, manufacturing guidelines and safety warnings have not been enforced.

Another risk is that bed rails are not always used with the right bed or mattress. This might be done to reduce costs on part of the nursing home, or after a bed has been disassembled and reassembled repeatedly; thereby, mixing up the different parts.

What You Should Do Following a Bed Rail Injury

If your elderly loved one is in a nursing home, you should check the bed rails and bed to ensure they are safe. On the contrary, if an injury has occurred, and you believe negligence was a factor, you should consult a nursing home negligence lawyer as soon as possible.

 

 

Thank you to our friends and contributors at Davis & Brusca, LLC for their insight into nursing home law and injuries.