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Spinal cord injuries are often catastrophic, and the victim generally requires care for the length of his or her life. Accident victims who have suffered spinal cord injuries may be entitled to compensation for loss of income, future medical expenses, and pain and suffering.

For many people with serious spinal cord injuries that result in paraplegia or quadriplegia, the future care expenses are likely to be so high that there is no alternative but to seek compensation for them. The high future expenses, significant potential future wage loss, and pain and suffering often lead to very large claims for individuals who have sustained spinal cord injuries. As such, these cases require skilled representation by a personal injury attorney who has experience settling or trying spinal cord injury cases.

When victims are looking for a lawyer to handle their serious spinal cord injury case, they will make a better decision if they are aware of the types of claims a lawyer should be making on their behalf. The following factors should be considered in spinal injury cases:

• Loss of Earning Capacity – Loss of earning capacity is one of the major factors taken into consideration in a spinal cord injury claim. In order to determine earning capacity, a vocational expert will testify about how much of the victim’s expected lifetime earnings will be lost due to injury. Many SCI survivors cannot ever return to work; others do eventually, but they may have to take a lower paying position and their recovery may take a period of years. The vocational expert will show the jury what the victim would have expected to have earned over his or her lifetime had injury not occurred.

• Future Care Costs – Most people who suffer spinal cord injuries need various degrees of care throughout their lives. This care may range from a part-time housekeeper to a full-time attendant, as well as various medical services. A life care planner will assess the victim’s possible future needs and testify about them to a jury.

• Pain and Suffering – Pain and suffering is by far the most difficult element to assess in a spinal cord injury case, as it is less easy to pin down than lost wages or medical expenses. Being compensated for pain and suffering is an attempt to compensate a victim for the time that he or she is in pain after an accident. It deals with how one’s life was affected by the accident and one’s ability to carry out the activities of daily living.

Although these are not exhaustive categories, these are the major items that a spinal cord injury victim should discuss with a personal injury lawyer when advancing a claim or deciding whether or not to accept a settlement.

To learn more, visit http://www.webbdorazio.com.

While riding a motorcycle can be a great thrill, it can also be a great risk. When motorcyclists are involved in an accident, the accident is often major and involves serious bodily harm and sometimes even results in death.

Over the past several years, motorcycles have become more and more popular. Not only are they gas efficient, they’re also a fun way to travel. Unfortunately, as the number of motorcycles has increased, so has the number of accidents. Although the number of motorcycle accidents that occur throughout the United States is relatively high and continues to grow each year, the reasons for these large numbers are often misunderstood. While there are a number of different causes for motorcycle accidents, many people seek to blame the cyclist for choosing a vehicle that lacks many of the safety features found in cars and trucks. Motorcycle accidents, though, cannot simply be blamed on an individual’s choice of transportation. A large number of motorcycle accidents actually take place, not due to the driver, but because of the negligence of other automobile drivers, debris on the road or unsafe road conditions.

Even though there are a number of other factors that can result in a motorcycle accident, the stigma associated with motorcycle riders is so prevalent that some insurance companies, juries, and even judges are often biased against a cyclist. This bias can sometimes result in ignoring the person or persons who actually caused the motorcycle accident to happen in the first place, and this can mean that the injured cyclist is denied the compensation owed to him under the law. Astoundingly, a cyclist’s own insurance company may refuse to pay some or all of their legally owed insurance costs.

To fight this bias, the most important step a victim or family member of a victim can make is to locate a good personal injury attorney who has experience in motorcycle accident cases and will help them seek damages to pay for medical bills, motorcycle replacement or repair, pain and suffering, loss of work, and any other motorcycle accident related expenses.

To learn more, visit http://www.webbdorazio.com.

While incidents of drunk driving in Georgia have decreased over the last few years, the numbers are still staggering. When drunk driving results in an accident, the results can be catastrophic for the victims. Victims can be seriously injured or even lose their lives.

When drunk driving cases are brought to a criminal court, the court will take several factors into account before sentencing the driver, such as the driver’s prior clean record as well as his or her character. These considerations may actually result in lenient charges and sentences which are nothing in comparison to the destruction caused by the drunk driver. As a result, families who have lost loved ones or persons who were injured in a drunk driving accident may feel that they did not receive the justice they deserve from the criminal system.

Civil liability in such cases can give a family or the injured individual the opportunity to pursue justice by holding a person financially accountable for his or her negligence. Even if the evidence of intoxication is not sufficient to carry the criminal burden of proof, it may still be enough to carry the civil burden of proof.

An injured person has the right to claim compensation from a negligent motorist in a civil suit for a variety of damages:
Medical expenses already incurred

• • Future medical expenses
• • Physical pain
• Mental suffering
• • Loss/Destruction of property
• • Loss of enjoyment of life
• • Permanent physical disability
• • Lost wages

Drunk driving accidents cost our society greatly, from the injuries or deaths of loved ones to the costs of paying for the accidents. Persons who engage in drunk driving should be held legally responsible for their actions. Filing a civil suit against a drunk driver can make them pay for their poor choices and help keep them off the road.

If you or someone you love has been injured in an accident, you should seek the advice of an experienced Atlanta personal injury attorney who can help you seek justice for your injuries.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

Many clients often wonder if money received from an injury or death suit is taxable. While the short answer to this question is no, there are some exceptions of which clients should be aware.

Sustaining an injury is difficult enough on its own, and having to bring a lawsuit to obtain proper compensation and payments for your injuries only makes it more complicated and stressful. It would almost be unbearable if a victim had to pay taxes on the compensation he or she receives for injuries. Fortunately, the government has recognized that injury settlements do not qualify as earned income. Rather, these settlements are intended to compensate the injured victim for the pain, suffering, and disabilities he or she has suffered at the hands of another’s carelessness or negligence. As such, injury recoveries are not taxable.

Section 104(a)(2) of the Internal Revenue Code excludes from a person’s gross income any amounts received from personal injury awards. It provides that gross income does not include any damages received, whether by suit or agreement and whether these are received as lump sums or as periodic payments, on account of personal injury or sickness.

While the IRS code protects the monetary awards of most personal injury victims, there are some clear exceptions to this provision. For example, any money awarded as punitive damages is taxable. This is because punitive damages are primarily intended to punish and discourage the behavior exhibited by the defendant; they are not intended to compensate the plaintiff. Lost earnings are also taxable if a portion of the settlement is specifically designated as compensation for lost income. Further, any money paid for psychological injuries may also be taxed.

It is important for victims to understand that once settlement proceeds have been received, the taxability of that money is just like any other money they would invest or put in a savings account. When you invest your monetary award into taxable investments, any profit or gain you achieve is subject to taxes.

If you have been injured in an accident due to someone else’s negligence, you should contact an experienced Atlanta personal injury attorney who can help you seek compensation for your injuries.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

Pursuing a wrongful death claim in a drowning case can prove to be difficult, as it requires proof that another’s negligence is to blame. An experienced wrongful death attorney can help families successfully pursue these types of claims.

All too often during the summer months, children become the victims of drowning. Parents of a child who has drowned may have a claim to recover wrongful death damages for the child’s death. In order for this to be feasible, the circumstances surrounding the death need to clearly show that someone other than a family member was negligent in allowing the child to drown. For example, if the child drowns in a pool that provides a lifeguard service, there may be a question as to whether the lifeguards on duty were providing adequate protection for the swimmers. There may also be issues regarding the slope of the pool and whether a safety line is in place. In addition, another swimmer could be held responsible for the accident.

A wrongful death claim that involves a drowning can be difficult to pursue successfully. The circumstances surrounding a drowning are essential to proving liability, so involving a lawyer in the matter immediately will allow for proper investigation of the facts surrounding the incident. Preserving evidence, such as witness statements, is important to do immediately, as memories fade rapidly and can be influenced by outside factors. Also, physical evidence tends to be lost and destroyed quickly, so hesitating to hire an attorney may actually prevent the claimants from discovering who is at fault for causing the drowning. Hiring an attorney right away ensures a proper investigation that includes conducting witness interviews and searching for physical evidence.

Pursuing a drowning case will require an experienced wrongful death attorney because expert testimony is often required to properly prove both liability and damages issues, and an experienced wrongful death attorney will have extensive knowledge of gathering and presenting expert testimony. For example, expert testimony is usually required to determine whether or not the slope of a pool is appropriate. In addition, wrongful death damages can be difficult to calculate as they are measured by the full value of the life of the deceased individual. Determining this value often involves complicated expert testimony about what a person might earn during a normal life.

To learn more, visit http://www.webbdorazio.com.

When an individual is injured on another person’s property due to negligence, a premises liability claim can be filed. Slip and fall accidents are one of the most common types of premise liability cases and can cause severe injuries for victims.

In Georgia, individuals who are injured because of a fall may be entitled to compensation for injuries sustained in the fall if they were caused by the negligence of the owner or occupier of the property involved. Victims are often negligently injured in a fall due to slippery floors or other surfaces caused by water, food, grease, and a host of other foreign substances. In addition, poorly designed, manufactured or maintained curbs, walkways and steps may also be the cause of falls that injure victims.

Falls can result in very serious, even fatal, injuries. Injured persons can suffer from complex fractures and other serious injuries to ankles, wrists, arms, hips, elbows and shoulders, and these injuries can require extensive surgeries, cause serious medical complications and can even result in death. Older individuals are especially susceptible to falls and can be badly injured in such a fall caused by the negligent acts of others.

Under Georgia law, land owners are required to exercise care for the safety of others. When the owner or occupier of land allows others, by invitation or implication, to make use of his or her premises for lawful purposes, he or she can be held liable for injuries sustained by individuals that are caused by a failure to exercise care in keeping the premises safe. Land owners can breach their duty of care in the following ways:

By failing to use ordinary care to keep the premises safe;

By failing to properly inspect and maintain the premises;

By knowingly allowing invited guests to make use of an unsafe area of the premises;

By failing to post warning signs or warning markings in unsafe areas;

By failing to properly train and supervise employees in regard to the care of the premises; and

By failing to retain, entrust, hire, train and supervise employees.

Those who have suffered injuries on a property due to the negligence of another may be able to file a lawsuit to recover money for medical bills, lost wages, pain and suffering, or other accident related expenses.

To learn more, visit http://www.webbdorazio.com.

When filing a wrongful death lawsuit on behalf of a deceased child, divorced parents have certain rights when it comes to how they must share the wrongful death proceeds from the settlement or the jury award. If both parents are alive and wish to proceed with the claim, regardless of their marital status, then pursing recovery and receiving proceeds can be a smooth process. In the absence of this ideal situation, other provisions must be followed.

In the event that the deceased child does not leave behind a surviving spouse or child, then the child’s parents have the right of recovery. The parents will share this right jointly if they are still a married couple and are living together. If, however, either parent is deceased, then the surviving parent will have the sole right of recovery. If both the parents are living, but are divorced, separated, or do not live together, both parents will have the right of recovery, but that right will depend on the following:

If one of the deceased child’s parents refuses to proceed with the claim or cannot be located to proceed to recover damages for the wrongful death of a child, then the other parent has the right to hire a lawyer to represent both parents and the results of the lawsuit will be binding on both parents. When this situation occurs, the ultimate recovery should be shared equally by both parents. However, there are some exceptions to this. When the absent parent cannot be located, their share of the proceeds will be held for two years. After two years, the parent who initiated the recovery has the option to petition the court to receive the absent parent’s funds.

There are other options open to divorced parents when it comes to the right of recovery in a wrongful death suit. Either parent has the right to file a motion before trial requesting that the judge apportion any judgment awarded in the case. Doing so will require a hearing in which each parent will have the opportunity to show evidence of their relationship with the deceased child. The judge will use this hearing to determine the percentage of the judgment to be awarded to each parent based on the parent’s relationship with the child, considering such issues as permanent custody and support, as well as any other factors he or she finds significant.

If you have experienced the loss of a child due to another’s negligence and are considering filing a wrongful death lawsuit, you should consult an experienced wrongful death attorney who can advise you about how these laws apply to your case.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

Workplace accidents can cause extensive pain and suffering for the injured person and his or her family. Individuals injured in an accident on the job may be able to file a claim for non-economic damages.

When a workplace injury occurs, the injured person will often file a workers’ compensation claim for medical and lost wage benefits. A workers’ compensation claim, however, does not include compensation for non-economic damages such as physical and emotional pain and suffering.

Non-economic damages include all past and future pain the victim or his or her family will be forced to endure as a result of the victim’s injuries or death. In order to receive compensation for physical and emotional pain and suffering, a claim must be successfully made against a third party, someone who is not an employer or a fellow employee of the injured individual.

A good example of this is when the driver of a vehicle, due to negligence, crashes his or her vehicle into the vehicle of the employee while the employee is on the clock. In a situation such as this, the injured employee is eligible to make a workers’ compensation claim, but he or she can also bring a personal injury claim against the non-employer or employee driver of the at-fault vehicle.

Another way non-economic damages can be recovered is when an employee is injured by malfunctioning equipment that he or she uses while at work. This type of accident would also allow the injured party to make a claim for workers’ compensation. In addition, he or she may be able to make a claim against the equipment manufacturer, distributer, wholesaler and/or retailer. This type of claim would be considered a products liability claim and may be difficult to prove, but the option remains open to the injured employee or his or her family. If a products liability claim is successfully prosecuted the claimant will recover non-economic damages for any physical and emotional pain and suffering.

Work injury accidents can be emotionally and financially devastating for the victim and his or her family members. If you or someone you love has been injured or killed in a workplace injury, it is important that you speak to experienced personal injury lawyer.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

In most accidents, someone is at fault. The hard part is figuring out who that is in some cases.

“It’s one thing to be in an accident but quite another when you then have to argue with someone else over ‘who’ was at fault in the first place. I see this a great deal in auto accidents and motorcycle collisions,” said Stephen M. Ozcomert who handles personal injury cases, accidents, and malpractice law in Atlanta, Georgia.

In some cases, it will be painfully evident who caused the accident; in others, it may take a long time before the facts come to light to apportion blame. And yes, there are certainly some cases where both parties are to blame. No two accidents are ever alike, despite the fact they may look alike on the surface. “There’s something that a lot of people don’t realize about accidents. It’s not the police who determine who is at fault; it’s the insurance company after you file a claim. They use police information to decide who is at fault,” explained Ozcomert.

Many accidents involve just two vehicles; others are multi-vehicle chain collisions and every party involved in that would need to file their own separate claims. Once the claims hit the insurance company, it’s time to figure out fault and start assessing the damages. In most instances, fault is calculated by percentages and the negligence of the driver(s).

“There are four things used to figure out negligence: driver’s duties, the cause of the accident, breaches in the driver’s duties and the negligence of the driver(s). Sounds rather complicated, doesn’t it? Interestingly enough, every insurance company has their own way of arriving at a final fault percentage to assign to drivers,” Ozcomert remarked.

One really clear sign that someone was at fault is if one driver, or both of them, were breaking the rules while driving. Despite that method of determining fault, just because one driver was clearly in the wrong doesn’t mean the other driver was paying attention and if they had been driving defensively, could have avoided the accident or mitigated damages. Needless to say cases like that, where two drivers are ostensibly at fault, are nightmares for opposing insurance companies to sort out.
“If you throw DUI into this mix, that’s a problem as well. Witness statements may not be of much use, which leaves the insurance company relying on the police report – if one is filed. Don’t expect action on your claim to happen overnight, as it usually takes weeks or months. If you haven’t spoken to an experienced attorney about your accident, you might want to think about doing that quickly. Having a lawyer on your side usually speeds things up,” added Ozcomert. It’s always a smart move to find out what your rights are when it comes to auto accidents.

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

Generally speaking, products are safety tested before they hit the marketplace. Now and then, something goes wrong.

“While it’s true that most products are safety tested before they are put on the market, there are cases where something goes wrong – either intentionally or unintentionally. When that happens, consumers may be at risk for serious injuries or death. Nowhere is this more critical than when it comes to products for babies and children,” remarked Stephen M. Ozcomert who handles personal injury cases, accidents, and malpractice law in Atlanta, Georgia.

“In many cases of product recalls, you might see the news release saying that there have been no reported injuries at the time of the recall and that the company was voluntarily recalling the product. That ‘may’ happen in rare cases, but frankly, most product recalls are product recalls because someone was hurt, and in reality, a product has to hurt someone before the maker recalls it,” observed Ozcomert.

Lately, there have been a whole lot of products made for children that have been recalled ranging from Hannah Montana toxic cadmium jewelry to wicker trunks with hinges that fall suddenly and strangle children. The world’s a very unsafe place to live and it’s become common place for parents to have to “vet” their children’s toys for safety.

Some things you might want to consider when buying toys for your kids are watching for what it is made with/of such as cadmium, lead paint or bisphenol A. Does it have small moving parts or parts that can break into small enough pieces to become a choking hazard? “Are there a lot of products from the same country that seem to be the focus of recalls? If so, you may want to avoid buying products manufactured in that particular country,” suggested Ozcomert.

Recalls become recalls for a wide variety of reasons and they may include chemical burn risk, a fall hazard, strangulation risk, laceration potential, burn hazards and choking potential, etc. Frankly, these days it just seems like they don’t make toys the way they used to when we were growing up. They seem to be aiming for mass production of a cheap toy that doesn’t last long and is made in a questionable manner. “Gone are the days when your children had a toy for years because it was well made and safe to play with, without it coming apart,” added Ozcomert.

“Has your child been injured by a defective product? Give me a call and I will take a look at your case and explain the issues involved in product liability law,” Ozcomert offered. “You may well be eligible for compensation for doctor’s bills, pain and suffering, lost wages, and if your case is more serious and involves the death of your child, compensation for that wrongful death,” he explained.

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