August 5, 2011 in Legal Articles, Personal Injury by jferris

Driving Without Due Care and Attention Kills Biker

A biker is killed, thanks to the inattention of another driver. He never stood a chance.

Bikers face the very real consideration that every time they go out for a ride, they may never come home. There are too many things that can happen out on the road; things that may be fatal. That’s what happened in this case.

The police report indicated that a black Nissan Versa 4-door sedan was heading south on the highway in the second lane from the left in an area where there were four southbound lanes. In the next lane, which would be lane number three, there was a Kawasaki motorcycle. This means that the biker was in the lane to the right of the Nissan and therefore just about parallel to the car’s passenger door.

Suddenly, the Nissan went to change lanes and hit the biker on the left side. The impact sent the bike, and the 48-year-old rider, straight into an exit ramp area, where the bike slammed into an interchange exit sign. There were motorcycle parts and debris all over the road when the first responders arrived. While the biker was alive at the time, he died later in hospital; a victim of his injuries.

In the Nissan driver’s favor, he stayed at the scene of the accident and the police feel there were no drugs or alcohol involved. This is not to say that there may not have been something else that caused the 61-year-old driver to veer into the biker; for instance, driving while distracted or a mechanical failure involving the steering wheel or tires.

What caused the accident will certainly be under investigation, until the police get a good sense of what happened that deadly day. In the meantime, the biker’s family will likely want to talk to a personal injury lawyer about filing a wrongful death lawsuit.

If this accident had happened in Georgia, the family would most likely speak to a seasoned Atlanta personal injury lawyer; someone with significant experience dealing with motorcycle accidents. They know all about drivers who claim they did not see the victim. An Atlanta personal injury lawyer also has the skills and knowledge to garner the required evidence and deal with the insurance companies.

When it comes to wrongful death actions, the lawyer will guide the family through the process with sensitivity and explain to them what they can expect when their case does go to court. These lawsuits are never easy, but if the family has any hope of moving forward, they may need financial compensation to do so.

Tim Anderson writes for Atlanta Personal Injury attorney, Stephen M. Ozcomert. The firm specializes in personal injury, malpractice, motorcycle accidents, and wrongful death. To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert, visit Ozcomert.com.

August 4, 2011 in Legal Articles, Personal Injury by jferris

Nursing Home Abuse Leads to Death and a Wrongful Death Lawsuit

The nursing home in this case had a long history of providing poor treatment to its residents. The outcome was the death of patient.

The family in this case chose to file a wrongful death lawsuit to set the record straight and to try and improve things for others at the nursing home where their relative died. Shockingly, the nursing home in question had an established track record of being on a federal watch list as a special focus facility. This was not for good reasons. It was because it had an awful record and needed to be watched carefully. Unfortunately, that did not help the victim in this story.

The elderly gentleman in this nursing home developed bedsores and a variety of other skin conditions that led to necrotic tissue, breathing difficulties, osteomyelitis and ulcers. Any one of these medical conditions on their own would have been bad enough, but cumulatively, they caused the man’s death. This should not have happened, as these conditions are highly preventable with proper care. Rather than getting that care, the man got substandard and lackluster nursing from staff that led to his demise.

The man’s wife filed a wrongful death lawsuit and ultimately named not just the nursing home staff and management, but the owners of the facility, who turned a blind eye to what was happening there and did nothing to stop the rampant abuse. The really sad part about this story is that there are more nursing homes just like this one across the country. One may even be just down the road from where you live. One of them may even be where your loved one is currently living.

Do you know what is going on in the nursing home where your family member is living? If you do not know, it is time you made it your business to find out what is going on there, before it may be too late and you are dealing with the death of your relative. There is no way that our seniors should be allowed to live in conditions like that because those tasked with their care fail to keep them safe.

If you have suspicions about what is going on in a local nursing home, or you have lost a loved family member due to neglect and abuse, speak to a compassionate and skilled Atlanta injury lawyer. If you want justice for the suffering of your loved one, an Atlanta injury lawyer will guide you through the process of filing a wrongful death lawsuit.

While many lawsuits such as this tend to take time to make their way through the courts, if the suit acts as a comeuppance to the owners and staff at the nursing home and helps others still residing there, you have accomplished something to be proud of in memory of your lost family member.

Tim Anderson writes for Atlanta Personal Injury attorney, Stephen M. Ozcomert. The firm specializes in personal injury, malpractice, motorcycle accidents, and wrongful death. To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert, visit Ozcomert.com.

March 28, 2011 in Legal Articles, Personal Injury by jferris

Teen Driver Loses Control Of Truck And Kills Two

Many people wonder if teens should be allowed to drive as early as they do in some states. They lack the experience to properly handle a vehicle.

Call this a “hot button issue.” At what age should teens be allowed to drive? There are so many answers out there, it would be hard to discuss them all and cover the reasons why some feel teens need more experience before getting a license to drive a potentially lethal weapon. This case is no exception to that rule and points out that when teens, hormones and inexperience behind the wheel are involved, the results may leave people dead. Those harmed or killed will need the services of a competent Atlanta personal injury lawyer.

Our office read about this case, a horrific wreck between a school bus and a pickup truck that snuffed out two promising young lives. The pickup truck driver was 18 years old. His passenger and girlfriend was only 17. Despite both the driver and front passenger being belted in, their multiple injuries spelled death. The other two passengers in the truck were listed in critical condition when they were taken to hospital by EMS crews.

What happened to cause this wreck? The police report was not completely clear on the cause and they plan to investigate further to find out what made the driver lose control, crossing the median and slamming into a school bus after sheering too close to the rear end of an 18-wheeler. While there is certainly speculation as to why he lost control, a definitive answer was not readily available aside from the fact that the roads were slippery that day.

The prevailing theories mostly involve the use of a cell phone and texting while driving, along with the driver wanting to show off by speeding and driving carelessly in spite of poor road conditions. It is not too much of a stretch of the imagination to think that this type of accident could happen to anyone, but more so to younger individuals lacking experience in handling a vehicle safely.

If you have been in a similar situation, contact an experienced Atlanta personal injury lawyer for advice on what to do to claim compensation for personal injuries or wrongful death.

Tim Anderson writes for Atlanta Personal Injury attorney, Stephen M. Ozcomert. The firm specializes in personal injury, malpractice, motorcycle accidents, and wrongful death. To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert, visit Ozcomert.com.

March 27, 2011 in Legal Articles, Personal Injury by jferris

Wrongful Death Lawsuits May Be Filed Against A City

Wrongful death lawsuits may be filed against a person or an entity, such as a city. They are not always filed against just another person.

Wrongful death lawsuits are not always filed against another person. They may be filed against a city, town or municipality or company. The best example of that is the fiasco that was the New York blizzard in December 2010. The city did not know what hit it and citizens in distress found out about that the hard way.

Unfortunately, there were at least two wrongful deaths as a result of that major storm. The second lawsuit was just brought recently by a family in Brooklyn who waited an hour and a half for an ambulance crew to come and help their mother. The woman had chest pains and before the EMS crews could get to her, she died.

She was only 63 years old at the time of her death and the family cannot understand why emergency medical help took 90 minutes to arrive. But for the slow response time, the woman may well have survived her heart attack. The ambulance could not get through the snow-packed streets any quicker. Or could they? This was the question the family took to their personal injury lawyer to discuss a wrongful death lawsuit.

Once the attorney knew the full scope of the case, his response to the family left them no doubt that they would file a wrongful death lawsuit stating that fire, police, transportation and the sanitation departments were at fault for the deadly delay that cost a woman her life. The lawsuit is seeking $20 million in damages. In part, the papers filed with the wrongful death lawsuit state that there is no excuse for a 90-minute delay when it comes to emergency response personnel.

The second wrongful death lawsuit was on the behalf of a 75-year-old woman who waited for three hours for an ambulance. She did not make it, either. The finger of blame was then squarely pointed at the city and its lack of organized response to the unholy dump of snow that turned New York into a living nightmare.

Things could have been worse, but in retrospect, no one would have wanted that to happen. It was a series of horrific events that cost two women their lives, when EMS crews could not reach them in time. And of all things to cause a delay, it was a severe snowstorm that the city did not know how to handle and could not seem to get on top of. What was the department responsible for snow removal thinking?

Ultimately, the person in charge of handling the snow removal was demoted. Sadly, that will not bring either of the dead women back, but the courts may well find negligence and award compensation for each family’s devastating loss.

This kind of thing could happen in another state, city, town, municipality or county, and that is why, if you have been in a situation similar to this and someone you loved died as a result, you should take the time to contact an Atlanta personal injury lawyer and discover what your legal rights are in that situation.

Tim Anderson writes for Atlanta Personal Injury attorney, Stephen M. Ozcomert. The firm specializes in personal injury, malpractice, motorcycle accidents, and wrongful death. To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert, visit Ozcomert.com.

February 26, 2011 in Legal Articles, Personal Injury by jferris

Investigating Whether Helmets Prevent Death in a Motorcycle Crash

Whether helmets prevent death in a motorcycle crash is an interesting question and one that, statistically speaking, is answered in the negative.

While numerous states have mandatory helmet laws and some do not, the whole argument about wearing or not wearing a noggin protector mostly boils down to whether they prevent death. The interesting answer is not likely. The helmets protect the skull from serious injury, but often the cause of death in a motorcycle versus car accident is due to other reasons. In fact, existing federal data shows that most bikers who die would have been killed even if they had been wearing helmets.

On the other side of the coin, if a biker lives to tell his Atlanta personal injury lawyer about the crash, you can assume they have sustained some fairly serious injuries that would lay them up long-term or permanently. This brings us back to the argument about wearing helmets to prevent death. In reality, the risk a rider takes, whether they wear a helmet or not, is crashing. If you get into a head-on collision while doing 80 mph, your head is not the only part of your body that will take a beating.

This is not to say that wearing helmets will not help you, because they will. But remember, helmets are not magic medallions that can save you from catastrophic injury or death. Unfortunately, those in power, including insurance companies, seem to lump all the evils of the world on the biker, pointing to motorcycle accidents as the reason for higher health care costs because the injuries are, in a sense, self-inflicted by taking the risk to ride. Don’t look now, but smoking causes self-inflicted cancers, drinking causes self-inflicted liver failure and unprotected intercourse causes STDs and/or AIDS.  All of those behaviors/actions result in costs to the health care system. Why focus on motorcycle riders and accidents?

If people have the self-determination to smoke, drink or have unprotected sex, then surely the biker has the choice to ride or not. Freedom is what America is all about. It is our choice to do what we do, our choice to live with the consequences, our choice to live or die.

Should you live after a wreck, hiring an Atlanta personal injury lawyer is the only way you will secure enough compensation to pay for your medical bills, pain and suffering, property damage and a host of other wreck related expenses. Do not assume you can settle with the insurance company on your own. Their only goal is to settle fast and low. If you take a lesser amount of money than you may actually be entitled to, you may not be able to pay your bills or live a relatively normal life.

You have the choice to obtain the settlement you deserve, just as you have the choice to try and deal with the insurance company. An experienced Atlanta personal injury lawyer can lay out the advantages and disadvantages for you when you make your first appointment for a free consultation.

Tim Anderson writes for Atlanta Personal Injury attorney, Stephen M. Ozcomert. The firm specializes in personal injury, malpractice, motorcycle accidents, and wrongful death. To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert, visit Ozcomert.com.

February 1, 2011 in Legal Articles, Personal Injury by jferris

18 Wheelers Virtually Own the Road with Deadly Consequences

Beware the “no zone” that travels with 18-wheelers. Stay out of that area or you may pay a high price – your life.

You know what it is like driving a smaller vehicle near an 18-wheeler. It makes a lot of people pretty squeamish, and with good reason. Even if you haven’t been in an accident with one of these gigantic death traps, you may have seen one or read about one.

It would be hard not to hear about a fatal big rig accident, since just about one in every eight traffic deaths involves a collision with a tractor-trailer. The causes? Typically, they range from trucker negligence to mechanical flaws and from driver distraction to manufacturing defects.

You have to hope in your heart of hearts that the rig you’re driving beside is in tip top operational shape and that the driver is alert, safety conscious and courteous about his half of the road, as opposed to wanting to share yours. You’d like to know if the steering, tires and brakes all check out.

If they don’t, you can count on the trucker losing control of a vehicle in a tense situation. If those tires are mushy, expect a blow out and possible roll over or jackknife, and if that happens, steering control is shot. If the brakes are questionable, there’s little chance they will stop the behemoth.

You need to remember at all times that handling a big rig is not like driving a car or other smaller vehicle. There are huge blind spots for these rigs, an incredibly wide turning radius, load on considerations and stopping factors to take into consideration. For instance, 18-wheelers can’t stop on a dime. Be smart when you’re in their presence, as it never pays to pick a grudge with something that big.

Never assume that the trucker is good to go and has had all his mandated breaks. Unfortunately, many truckers don’t honor their down time requirements and drive until they are exhausted. A dead tired trucker is almost worse than a drunk driver. Stay away from the rigs, give them road space and above all else, stay out of the “no zone” blind spots right in front of them, to the rear and on either side of the truck.

The bottom line is if they can’t see you, you stand the chance of being obliterated, crushed, run off the road or worse. Travel in the presence of big rigs with due care and attention.

Tim Anderson writes for Atlanta Personal Injury attorney, Stephen M. Ozcomert. The firm specializes in personal injury, malpractice, motorcycle accidents, and wrongful death. To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert, visit Ozcomert.com.

January 31, 2011 in Legal Articles, Personal Injury by jferris

Why Insurance Companies Really Delay Paying on Motorcycle Crash Claims

Ever wonder why the insurance company takes forever and a day to pay up on a motorcycle crash claim? The answer will surprise you.

Anyone who has ever been in a motorcycle accident and who has not hired a skilled Atlanta personal injury lawyer to assist them with their claim will likely have stories about how long it took for the insurance company to settle. There is a reason for that and chances are you will not like what you hear. However, it is the truth and you will understand why it’s a strategic and smart move to get legal counsel.

It’s a no brainer that motorcycle accidents are just about the worst kind of wrecks on the road today, largely because the biker has very little in the way of protection. That usually means some significant injuries. If the claim for those injuries were to be settled the right way, as in the insurance company paying out what the injuries are really worth, this would cost the insurance company a chunk of change.

If the insurance company kept paying out large amounts of money to reflect the true value of many accident claims, including car wrecks, they would either go out of business or raise the premiums so much that nobody could afford them. Since it is a given that insurance companies really like their money, as it lets them stay in business and make a profit, they have to cut corners somewhere.

They cut corners when they can get away with it by trying to get motorcycle accident claims and others reduced or denied, or at the very least try and pay out a minimal sum that won’t cover much. The less they pay out, the more their profits and the higher their bonuses. You’d be right if you said profit comes before people when you’re dealing with an insurance company.

If you do not have a lawyer by your side while you are filing for compensation for a motorcycle accident, watch your back. Without a capable and knowledgeable Atlanta personal injury lawyer, there is no reason for the insurance company to pay you quickly. With an attorney, they often settle much faster, for far more than you would get trying to handle things alone. In addition, the presence of a lawyer may mean them having to go to court. This is not a good thing in their eyes, as that may cost them even more.

Here’s the underbelly of another insurance stalling tactic: The more they delay, the more desperate the claimant becomes. In many instances, a desperate claimant will settle for less money. The second rather infamous tactic is to put words in your mouth about things you said or alluded to in conversations with you on the phone.

Do not think for one minute that they aren’t taking notes. They will use what you say against you when the occasion arises. If they have to deal with an Atlanta personal injury lawyer, you don’t get this doublespeak and actually stand a chance of getting a fair deal and better compensation.

Tim Anderson writes for Atlanta Personal Injury attorney, Stephen M. Ozcomert. The firm specializes in personal injury, malpractice, motorcycle accidents, and wrongful death. To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert, visit Ozcomert.com.

December 11, 2010 in Legal Articles, Personal Injury by jferris

Motorcycle Riders Are Virtually Invisible To Others On The Road

Reading the accident statistics involving motorcycles is depressing. Most often, bikers are killed because no one sees them.

It is hard to be invisible on the road when you are in a car, but being invisible on the road when you are on a motorcycle is all too common. The most often repeated phrase when the police arrive at a bike wreck is the driver of the car repeating over and over: “I just didn’t see him.”

Kind of makes you want to think twice about being a biker, doesn’t it? Along with the risks of being creamed by another vehicle, there is virtually zero rider protection. The physical injuries sustained in motorcycle crashes are legion, usually ugly and often life-altering or terminal. Many Atlanta personal injury lawyers see some horrific crashes in their practices. A motorcycle versus car wreck and happen any time, any place and the results aren’t going to be good.

Take the cases of two Florida residents who were involved in motorcycle crashes three hours apart; one 58-year-old rider died and the other 47-year-old female biker sustained serious injuries. The man died after he was hit by a Nissan, driven by a senior. The driver didn’t see him and turned right in front of him. Since he had nowhere else to go, he slammed into driver’s door. He died at the hospital.

In the second case, the female biker collided with a Toyota. The setting sun blinded the car driver, and she said she didn’t see the biker. The biker was transported to a local hospital with serious injuries. In both cases, the police will be charging both drivers with violation of right-of-way.

As you can see, there were different outcomes in each case, but the common factor was that neither driver saw or heard the motorcycle. If you or someone you know has been in a serious motorcycle accident like the two mentioned above, you will want to discuss your case with a skilled Atlanta personal injury lawyer. If you want compensation for your injuries or compensation for a wrongful death, the best route is to hire legal help; help that will win you fair and equitable compensation.

Tim Anderson writes for Atlanta Personal Injury attorney, Stephen M. Ozcomert. The firm specializes in personal injury, malpractice, motorcycle accidents, and wrongful death. To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert, visit Ozcomert.com.

December 10, 2010 in Legal Articles, Personal Injury by jferris

Auto Injury Compensation Greater The Longer The Damage Lasts

The worse your injuries are from a car wreck, the greater your compensation happens to be. There’s a cause and effect connection involved.

No matter what way you look at it, if you are injured in a car wreck, and the injuries are severe, this is not good. One thing to remember though is that medically and legally speaking, there are various degrees of suffering. While it may sound cold to base compensation of the severity of the injury, it’s about the only way that makes sense when money is handed out to the victim.

In other words, in accident cases, if the injuries are severe, the amount of money a plaintiff may receive is higher to cover that severity. This is sometimes a difficult concept to grasp. If you are dealing with a severe injury case, have your Atlanta personal injury lawyer explain how damage awards are calculated.

You have to remember that it’s not just that the injuries are bad, but that the recovery process for those injuries is exceedingly long, painful, debilitating, depressing, daunting and may also be permanent; a definite monkey wrench in the fabric of what used to be a normal life. The important thing to note here is that how long the injury lasts is also a factor taken into consideration when accident compensation is calculated.

For example, if a victim is confined to a bed for months on end and can’t work, those lost wages play a part in the final award calculations. Or if someone’s injuries are so severe they will never work again or have a normal life, this too is factored into the final award. When bad things happen to good people as the result of the negligence of someone else, this is an injustice that needs to be dealt with, and it’s dealt with by fair and equitable compensation. It’s dealt with by hiring an Atlanta personal injury lawyer to represent you in court.

For those accident victims that will spend the rest of their lives being cared for by someone else, their needs right now must be met, but their needs for future also need to be met. As you can imagine, those with around the clock care will have higher damage awards in order to allow them to pay for the care they need. These are some of the reasons you will see very high awards – usually in the millions – in the papers or hear about them on the radio or TV.

Claimants usually receive their compensation in one of two ways: a lump sum payment placed in trust, or enforced yearly payments made by the liable party. Generally speaking, the yearly payment route is taken if there is the possibility of unanticipated costs or if it’s just about impossible to settle on a figure that will care for the person for the rest of their life. All these details are things that need to be discussed with an Atlanta personal injury lawyer if you find yourself in a situation like this.

Tim Anderson writes for Atlanta Personal Injury attorney, Stephen M. Ozcomert. The firm specializes in personal injury, malpractice, motorcycle accidents, and wrongful death. To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert, visit Ozcomert.com

November 30, 2010 in Legal News, Personal Injury by jferris

Medical Malpractice Cases May Be Tried Twice, Malpractice Attorney Ozcomert Says

While unusual, it can happen – instances where medical malpractice cases are ultimately tried twice.

“This case that we read about recently involved a young girl who suffered severe birth injuries – brain injuries. It was interesting in that it proves that these kinds of cases are always radically different, just sometimes similar, and that to get justice, a plaintiff needs the assistance of a seasoned personal injury lawyer,” said Stephen M. Ozcomert, who handles personal injury cases, accidents, and malpractice law in Atlanta, Georgia.

The first jury that heard the initial case in 2008 handed down a “shockingly low” award, particularly given the extreme severity of the girl’s injuries, Ozcomert said. The first medical malpractice lawsuit was filed against the hospital in 2002. It took six years for a verdict.

The parents of the young girl stated that their obstetrician, an anesthesiologist and a nurse were negligent for not properly monitoring and managing the mother’s labor. This ultimately resulted in a delayed C-section, which in turn caused severe and permanent neurological injuries to the baby because she was deprived of oxygen.

The baby was 6 years old when the case went to court and the mother provided testimony that the child could not crawl (only wiggle and kick her feet), feed herself (she is intubated to be fed), speak or walk and that she would be in diapers her whole life. The child’s assessed cognitive age was set at between two and three months. The girl was diagnosed with permanent brain damage, cerebral palsy, spastic quadriplegia and developmental retardation. She couldn’t hear very well and had regular seizures. The pediatric expert witness at trial said no improvement is expected and that she may live until the age of 28 years old.

“The defense in this case tried in another state insisted the condition happened due to a prior in utero event that was so severe that earlier delivery wouldn’t have made any difference. While that may be hard to believe that something so drastic would have happened without the mother knowing, it was what the defense argued. In the final analysis, the jury found the doctor negligent and that her negligence was a significant factor that caused the baby’s injuries,” Ozcomert said.

“Here’s where things got a bit hazy as to reasoning for the award. The child was awarded $3,807,832 for future life care expenses, zero for the loss of future earning capacity and $150,000 for her pain and suffering and disability. The parents were awarded $527,284 for past expenses and $150,000 for past and future loss of their child’s companionship and society. These are very low awards, and both sides appealed,” Ozcomert said.

On appeal, the court agreed with the parents that the damage award was unreasonably low and shocking and a new trial was ordered. The child in this case is effectively frozen in time and unable to move forward and will never be more than an infant. The $150,000 award(s) were painfully low and abhorrent, as was the jury decision to not award money for lost earnings, according to Ozcomert. The new trial is yet to be scheduled.

“This type of case happens more often than you might think and in situations like this, it’s vital to have a skilled Atlanta personal injury lawyer handle your case. The family will need maximum compensation to care for their child. It’s just that simple and obvious. If you are in a situation like this and your child has been injured due to medical malpractice, you will have questions about your case. If you choose to call my office, I would be happy to explain the law to you and what your rights are,” Ozcomert said.

To learn more visit http://www.ozcomert.com.