January 30, 2012 in Legal, Legal Articles, Personal Injury by jferris

Hit and Run Accident Kills Toddler and Family Files Wrongful Death Lawsuit

Cases that involve kids are the toughest ones to handle. This accident story is heartbreaking.

Often in cases like this one, there are two elements you need to keep in mind: the criminal side and the civil side. In this reported case, there was the criminal element of misdemeanor vehicular manslaughter, driving without a license and felony hit-and-run causing a death.

The 22-year-old man, driving through a crosswalk, hit and killed a four-year-old pedestrian. Rather than stopping and remaining at the scene of the accident for the police to arrive, the driver left the area. The man probably knew he was going to be in deep trouble, compounded by the fact he was driving without a license and left the scene of the accident.

While the criminal side of this case will come first, the family can most definitely file a wrongful death lawsuit. Was there negligence involved? Yes. Here is a man driving without a license that gets involved in a hit-and-run accident, kills a small child and flees the scene. Whether or not the individual was also under the influence, distracted, speeding or whatever other reason he may have offered for why he hit the child is not relevant. The facts speak for themselves, or in the words of the law, “Res ipsa loquitur.”

While criminal accountability is vitally important, the other element, the civil wrongful death lawsuit, is equally as important. It is a way for the family to seek some form of compensation for that gut-wrenching loss of a family member; a toddler who had his whole life before him, but for the negligence of the 22-year-old driver who hit and killed him. Criminal courts decide if a person intentionally committed a crime. Civil courts figure out if wrongful conduct should be accountable, financially speaking.

The fact is that in civil wrongful death cases, the whole focus of the case is obtaining compensation for those wrongfully harmed. If you have been in a similar situation, seek expert legal counsel to handle your case. Only an experienced Atlanta personal injury lawyer has the requisite skill to ensure you get the compensation you deserve to move on with your life. While cases like this are never easy, a seasoned Atlanta personal injury lawyer has the strength and compassion to help you make it through your ordeal.

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 19, 2012 in Legal, Legal Articles, Personal Injury by jferris

It Is No Surprise that 18-Wheeler Accidents Are on the Increase

The next time you are out on the highway, look around you. There are far more potentially deadly big rigs on the road than there ever used to be.

No one wants to hear that there are more accidents every year on the highways involving semis. Unfortunately, though, it is a hard, cold fact. In 2010 alone, close to 500,000 commercial trucks were in wrecks in the U.S. That overall figure includes at least 100,000 injuries and more than 5,000 deaths. In 2009, there were only 3,200 fatalities, says the Insurance Institute for Highway Safety.

If these figures were not dismal enough on their own, the Institute predicts an increase in commercial trucks on the roadways by 20 percent by 2012. You do not have to think too hard about what that means in terms of accident statistics. What causes trucking accidents?

This is a question that many people ask when they see this kind of a wreck; the same question hundreds of police officers, lawyers and victims ask in the ugly aftermath of this kind of accident. Interestingly, and not an astounding surprise, the biggest issue in big rig accidents can be traced directly to the behavior of the trucker. If you are interested in finding out more information on this issue, do an online search for the results of the Large Truck Causation Crash Study.

This particular study closely examined 120,000 18-wheeler accidents between 2001 and 2003, ultimately selecting 963 that involved a large truck and one passenger vehicle. The 963 crashes included 243 deaths and 1,654 injuries. As a part of this study, the timing and what was happening at the moment the inevitable crash took place was put under a microscope. The conclusion? That there were at least three catalysts for the wrecks:
- The big rig drifted out of the travel lane and either went into another lane, or off the road entirely
- The trucker lost control of the rig
- The truck rear-ended another vehicle in the truck’s path

The study went several steps beyond these initial classifications and identified the critical event, or cause, of an accident: the trucker, the vehicle and the environment. One could likely surmise that an accident could also be caused by all three of the critical events at the same time.

What do all these events have in common? The driver. Thus the study broke out the driver category into other classifications that included:
- The driver was impaired in some way, physically or mentally, i.e. alcohol or sleep deprivation
- The driver was inattentive or distracted
- The driver made a poor decision
- The driver did something like overcompensating after a turn

The statistics are very clear, and the researchers concluded that truckers were at fault at least 55 percent of the time, which is a frightening conclusion. That means your life is in the hands of the person behind the wheel of an 80,000 pound behemoth, and you had better hope they make the right decisions to keep that rig on the road.

18-wheeler wrecks can be catastrophic. There is no other word to describe them. Their impact on people’s lives is never-ending, often fatal, and if a victim survives, their life is often altered in unimaginable and devastating ways. This is the main reason you need qualified legal counsel to handle your personal injury case. Without the assistance of a skilled Atlanta personal injury lawyer, you may not get the compensation you need to live out the rest of your life.

Do you want to take the chance of trying to deal with an insurance company on your own when an Atlanta personal injury lawyer knows how to handle them and get you the compensation you need to live? If you have been in a big-rig truck accident, do not second guess your future. Call an Atlanta personal injury lawyer right away.

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 29, 2011 in Legal, Legal Articles, Personal Injury by jferris

DUI Charge in Wrongful Death Case Results in Unusual Sentence Provision

The courts are looking for unusual and innovative ways to make a point that it does not pay to drink and drive.

This reported case may sound like just another drunk driving conviction, but this one has a twist to it. This story started when a young 24-year-old man doing duty as a designated driver was taking his friends home from an evening out on the town drinking. After dropping the last one off, he headed home, but never made it.

In the middle of an intersection, another car driven by a 26-year-old woman ran a red light and slammed into the side of the man’s car. His family was in deep shock when they heard the news. That shock also turned to anger when they found out that her blood alcohol level was 0.229, and the legal limit was 0.08. The family sought legal counsel and filed a wrongful death lawsuit.

Before the civil action was launched in court, the woman was criminally charged and convicted o driving under the influence, first-degree vehicular homicide and reckless driving. The court ordered her to begin serving a five-year prison term, with another five-year term spent on probation. The unusual twist to this case is that the mother of the deceased requested the court to order the woman to always carry a picture of her dead son with her during her sentence, and the court acquiesced to the request in the hopes it would drive home a point – that her negligence killed someone.

It never ceases to be a source of disappointment that people still drink and drive. It has been proven over and over again that driving while drunk kills. Sadly, those who drink and drive, and think that they will get home alive are being thoughtless, and may also wind up as dead as the innocent victim they run over because they wanted to get drunk.

Have you been in a wreck with a drunk driver? If you have, contact an experienced Atlanta personal injury lawyer and start asking questions about how you can recover compensation for your injuries. You will need to know your legal rights and how a case may proceed should you file a lawsuit with the assistance of an Atlanta personal injury lawyer. Do not wait to make that call. Your recovery may depend on it.

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 15, 2011 in Legal, Legal Articles, Personal Injury by jferris

Dentist Sued for Wrongful Death of Teen

For most people, going to the dentist is stressful. For the 13-year-old girl in this reported case, it resulted in her death. The young girl was having teeth removed during oral surgery in the dentist’s office, when she stopped breathing. The autopsy revealed that the death was the result of complications from anesthesia, given prior to surgery.

The devastated family elected to file a wrongful death lawsuit, which was settled out of court by the dentist’s insurance company and negotiated by the state’s Dental Board. The most interesting aspect of this case were the remarks made by the Dental Board once the settlement had been negotiated, commenting, among other things, that it was the task of the Board to ensure unsafe dentists, or those that were likely a threat, either took further training to remediate deficient areas in their practice or, in the alternative, stop practicing.

The upside of this case was, in addition to the negotiated settlement, that the doctor agreed to retire. On the surface, this may have been a stunningly good idea, given the man’s age. Digging deeper revealed that it was not the first time that the doctor had been sued for wrongful death. In 1997, a 57-year-old woman died from similar complications with anesthetic. At that time, the dentist would have been 67-years-old. That case was also settled out of court.

The state Dental Board was also heard to say that this case was a prime example of how hard it was to regulate dentistry, an admission that makes one cringe when thinking about their next dental procedure. For the most part, dentists are careful, skilled and caring, and provide their patients with excellent care. And then, there is always the odd bad dentist. This of course raises some very serious questions about the liability of the Board and the dentists they license, as they do not appear to regulate all that closely or well.

Did the family of the 13-year-old girl have a good case? Yes, and the sad fact is that her death may not have happened had the state Dental Board taken action about the dentist’s license in 1997, and made sure he was safe to be licensed and still practice. Certainly “what if’s” will not bring the girl back, but they may raise this issue to a level where someone does something about it, so that questionable dentists do not keep practicing.

It is quite likely that this was one of the reasons this case settled out of court as well.

If you feel you have been the victim of dental malpractice, seek legal counsel from an experienced Atlanta personal injury lawyer. If you want justice and compensation for injuries you may have suffered, the only way to get your case settled or into court is with the assistance of a knowledgeable Atlanta personal injury lawyer.

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

Rare Head-On Crash Between Two Motorcycles Kills Two and Injures at Least Four Others

It is not often that two bikers are involved in a head-on collision with each other. It was a clear day and the group of riders headed out the popular, scenic highway to take in the sights. The first group had four riders, all of who were very experienced with bikes and affiliated with a church. The second group of four riders was not so experienced and was also younger too.

Just because the second group of riders was younger and not as experienced does not necessarily mean they lacked good judgment. Unfortunately, however, one rider did not follow the rules of the road and was speeding while heading south on the highway. He lost control of his bike, crossed the median into opposing traffic and hit the lead biker from the church group. Both riders died an unnecessary death, because of the negligence of the biker who was speeding.

Certainly the 19-year-old rider likely thought he could do anything and be just fine, no matter what. Chances are he had never seen a bike accident and had no concept of death. However, he miscalculated on this ride and lost his life because of it. The tragedy is a double one because two lives were lost due to speeding when the young man did not having the skills to handle a bike at such high speeds.

It is highly likely that the man’s wife, who was badly injured but survived the wreck, will want to consult with a personal injury lawyer to find out what her rights are in this situation. If she were to talk to an Atlanta personal injury attorney, she would find out that she likely had a case and could sue the 19-year-old’s estate for compensation for the death of her husband.

She should be able to recover, among other things, compensation for pain and suffering, lost wages, loss of companionship, loss of benefits, loss of inheritance, funeral burial expenses and (in some instances) punitive damages. An Atlanta personal injury lawyer will also explain the differences in jurisdictions and awards to the family, as wrongful death laws vary greatly from state to state.

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

Wrongful Death Suit Filed Over University Failure to Read Admission Questionnaire

If a college fields a team of athletes, they need to know if they are healthy. Someone did not read this student’s admission questionnaire.

This reported case is another example of a death that should have never happened. The admissions staff at Western Carolina University did not take the time to properly read each student’s admission form. Because they did not read the forms closely enough, a young football athlete died.

The wrongful death lawsuit filed by the young man’s family pointed a finger at the university and the coaching staff, stating that they were negligent in regards to the death of their son.

The young man was only 20 years old when he arrived at the university and played as a defensive back. He was told by the university doctor that it was ok to take part in weightlifting and conditioning drills without any limitations. One day later, the young man died during practice. Autopsy results showed he died due to acute lethal cardiac dysrhythmia with other contributing factors such as sickle cell trait and overexertion.

The lawsuit stated that his admission questionnaire relating to athletics indicated he had sickle cell trait. The student signed that form as did his mother. Thus, the university doctor and coaches knew or should have known he had sickle cell trait. Oddly, the university denied the allegations in one breath, and then in another, said the student had completed a form that listed sickle cell trait, which raises the question why they did not make themselves aware of what the disease meant to their athlete.

In this case, the student’s workout was weight lifting, 160 yards of striding two 60-yard sprints, two 70-yard sprints, two 80-yard sprints and two 90-yard sprints. He got into trouble on the last of his 90-yard sprints and subsequently collapsed and died.

When an athlete with sickle cell trait trains intensely, the red blood cells form into a shape like a sickle, which blocks the flow of blood to the muscles, causing lactic acidosis and ischemic rhabdomyolysis with hyperkalemia. The acidosis directly affects the heart by causing ventricular fibrillation, causing a heart attack. While athletes with this condition may play sports, there need to be the right kind of accommodations in place for them to deal it such as longer recovery times between repetitions, a gradually increasing drill time and oxygen on hand.

Will this family succeed in their wrongful death lawsuit? There is a good chance that they will, as the evidence shows the university: failed to make sure coaching and medical staff knew about and understood what exertional sickling was and how to work with it; failed to tell the student how to train safely; and failed to put safety measures in place, among other things.

Families that lose a family member like this should seek legal counsel in the form of an experienced Atlanta personal injury lawyer. Wrongful death lawsuits are civil cases and subject to a statute of limitations. Calling an Atlanta personal injury attorney as soon as possible will mean justice may be served promptly.

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.

November 21, 2011 in Legal, Legal Articles, Personal Injury by jferris

Even Dermatologists Can Be Sued For Medical Malpractice

When people hear about medical malpractice, they typically think about a doctor or surgeon, not a dermatologist.

Dermatology is not an area of medicine where there are a lot of medical malpractice lawsuits, but they do happen, and when they do, the jury awards in cases like this can be quite high. For medical professionals, including those who practice dermatology, it is vital to clearly communicate with a patient about any treatments or procedures to be undertaken to avoid a lawsuit. If a mistake is made, you need to own up to it and make it right.

While that may not stop a lawsuit being filed, it may mitigate the outcome if the plaintiff has received an apology and the doctor has attempted to make amends. In many instances, all a patient that has been harmed wants is an acknowledgment from the practitioner that they messed up. Saying they are sorry, explaining what went wrong, and attempting to clearly inform a patient goes a long way toward preventing a problem from careening out of control and landing in court with hard feelings on both sides of the courtroom.

Certainly the question of whether or not harm to a patient was caused by medical negligence is an issue and for that reason, should you feel you have a case, speak to a skilled Atlanta personal injury lawyer. Medical negligence or malpractice happens when a doctor (or other medical professional) commits an act of negligence that breaches his or her duty to a patient. Additionally, there must be a direct causal link between the mistake/breach and the harm caused and it must also cause financial harm to the victim.

While many doctors are outstanding physicians with a good track record, there are those that also have a questionable track record putting their patients at risk, injuring them or killing them as a result of a medical error. Dermatologists rarely get slapped with medical malpractice lawsuits, but that still does not lessen the standard of care.

In fact, recent statistics released by the Physician Insurers Association of America show that the practice of dermatology only had a 1 percent rating for closed malpractice claims and a 1 percent indemnity for all medical specialties in 2010. That being said, even though the lawsuit rate is lower, the settlement rate and jury awards tend to be higher. Jury awards for medical negligence in melanoma cases where dermatologists misdiagnosed or mistreated are often higher because they are more serious than other procedures they perform.

Typically, other procedures they carry out on patients are largely aesthetic, and as such, have little value in terms of malpractice claims. This is because when assessing a malpractice claim, the seriousness of the mistake is taken into account in combination with how the error affects a patient’s ability to work. If a procedure is largely cosmetic and went awry, awarding damages for lost work is sometimes difficult. This is not to say that it cannot be done, but juries do tend to view cases like this in a different light.

For those who have had a bad experience with a dermatologist, make a call to an Atlanta personal injury lawyer for advice to get various options on how to proceed if your case is solid.

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.

November 18, 2011 in Legal, Legal Articles, Personal Injury by jferris

Drunk Pedestrian Ran Over and Wrongful Death Suit May Follow

Death comes to people in many strange ways. The man in this case was run over while lying in the middle of the road.

This reported case is very odd for a number of reasons. The main reason for this is that the victim was lying in the middle of the road; drunk but alive until the defendant ran over him and killed him. The defendant is a former state trooper, who, one would think, would have a higher degree of awareness about driving safely and would not leave the scene of the accident.

The trooper was off duty at the time of the accident, was in the car with his girlfriend, and heading home from a party when he struck and killed John Doe. For reasons only known to him, he chose to leave the scene and continue on his way home. His girlfriend did however speak to the police after the man was hit. Investigators on scene were able to determine the dead man had been alive prior to being hit and had a blood alcohol content of 0.20.

As it turned out, John Doe had a substantial record for alcohol offenses, including a two-year prison sentence for DWI, his third in four years. He had hit a 14-year-old girl on her bike in 2000 and an 11-year-old child in 2004. He stopped driving when he was let out of prison in 2006, likely figuring it was safer to walk home drunk to his wife and two small kids. It was a decision that cost him his life.

Other sheriffs that went to the trooper’s home to conduct interviews noted that the sheriff agreed to take an alcohol prescreening. It was determined he had not been drinking. Ultimately, after the investigation was complete, there were no criminal charges and the felony charge for leaving the scene of an accident was dismissed by a grand jury.

The reason the criminal charges were dismissed is that the district attorney indicated the purpose of the law is to ensure drivers who get into personal injury accidents call the police and admit their guilty by giving their name and contact information. The off duty trooper’s girlfriend did call them from the road and both met law enforcement at the trooper’s home later on.

Evidently, the interpretation of the statute does not outline, specifically, the amount of time a driver has to report the crash if there is no one at the scene to report to, and the law does not mandate a driver to remain at the scene if there is no one present to get into details about how a report should be made. While this may deal with the criminal charges, this does not mean the family of the dead man might not wish to file a wrongful death lawsuit.

Would they be successful in filing a wrongful death lawsuit? It is likely that they would, given that it is hard to miss a body lying in the road when you are driving, given that the man was a trooper and subject to a higher standard of conduct and care and should not have fled the scene.

If you ever find yourself in a situation like this, do not wait to call an experienced Atlanta personal injury lawyer. Time is of the essence in cases like this, and in order to ensure all the relevant evidence is collected and understood in its proper context, your Atlanta personal injury lawyer needs to act fast.

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.

October 28, 2011 in Criminal Defense, Legal, Legal Articles, Personal Injury by jferris

Multimillion Jury Award Hinges on the Definition of Nurses Aides Versus Health Care Providers

When you have a family member in long-term care, the individual deserves to be treated with respect and dignity. The care should be just as if you would be looking after your loved one. Shockingly, the reality is often entirely different, as this reported case shows.

This case really points out the denigration of plaintiffs claims with the application of medical malpractice caps. What happened in this instance is that the mother of Mr. Doe filed a lawsuit stating that the nursing home where she was staying killed her by not giving her enough food and water for a period of three weeks. How horrendous is that?

In addition to this fact, the mother also suffered from dementia. Mr. Doe’s mom was 87 years old and met her death because the aides did not keep her properly hydrated. You do not need a medical license to provide a person with basic needs such as water.

When this case got to trial, the jury was rightfully horrified and handed down a $91.5 million award, which the nursing home is planning to appeal on the grounds that the amount may be subject to the state medical malpractice cap of $500,000. In other words, the jury award of $91.5 million for an egregious case of negligence, may be reduced to $500,000 in non-economic damages. Does this seem fair, given the facts of the case? Many would say no quite emphatically. It is obvious the jury thought it did not take an advanced degree to make sure someone got enough water on a daily basis either.

The man’s lawyers are aiming to keep the jury award as is by pointing out that the nurses aides at the nursing home are not considered to be health care providers as defined in the medical malpractice cap definition. Certainly this is an issue for the court to decide on, and if successful, this may open another avenue for medical malpractice cases to be treated with the respect and financial compensation that they deserve.

Medical malpractice cases are often very involved and complex, and certainly need the qualified assistance of an Atlanta personal injury lawyer. If you think you are the victim of medical malpractice, or your senior relative is a victim, get in touch with an experienced Atlanta personal injury lawyer and find out what you can do.

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.

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

Drunk Biker Wrecks Motorcycle and Severely Injures His Passenger

Drinking and driving is ridiculously stupid, but drinking and driving on a motorcycle is even riskier.

You would think that someone who was drunk and could not walk straight, let alone see properly, would not go ahead and hop on his motorcycle, invite a passenger to travel with him and then take off figuring nothing could possibly happen to him. Yet this biker did just that and caused his passenger severe, life-altering injuries, including brain shearing, a dislocated shoulder and a broken femur.

As it turned out, the biker in this reported case, had a lengthy rap sheet when it came to having his name on the police blotter. At 32 years old, the man had already been charged by police, just a month prior to this wreck, with three counts of DUI involving crashes that resulted in the death or injury of another and aggravated assault with a vehicle.

Apparently, the man was heading east on the interstate at about 10 p.m. when his bike hit a pile of debris that he had not seen. He lost control of the motorcycle and as it started to slide sideways toward the ditch and flip, the passenger, a 26-year-old woman, was thrown off the bike. EMS crews got her to the nearest hospital for treatment, where doctors said she was lucky she had been wearing a helmet, or the brain injury she sustained could have been worse.

Evidently the man’s charges for this accident will also involve driving without proper vehicle registration, driving without insurance and driving with an expired license. One of the questions involved here is whether or not the woman was aware the biker did not have insurance or an expired license and still chose to ride with him. She certainly chose to ride with him drunk.

Many juries are less than enthusiastic about plaintiffs filing lawsuits against drunk drivers if they voluntarily rode with them, despite being aware they were inebriated. In this instance though, there are more than enough other charges and evidence to prove the biker was reckless with his behavior, and that it is likely the woman would not have a clue about his license issues.

If you have ever been in an accident like this one and want to know what your rights are, call an experienced Atlanta personal injury lawyer. You need to know where you stand, how you may recover compensation for your injuries and what to expect should you proceed to settlement or the courts.

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.