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Although many people seem to think a wrongful death action is a criminal case, it is not. A wrongful death action is a civil suit with the award called a structured settlement.

Those who have experienced the loss of a loved one thanks to the actions of another individual or a company may file a wrongful death claim or lawsuit in civil court. Perhaps the best example of a potential wrongful death suit is the proposed suit to be launched by Katherine Jackson, Michael Jackson’s mother.

The people who choose to bring the lawsuit are called plaintiffs and the people they file the suit against are called defendants. The main difference between civil and criminal actions is that in a civil action damages are awarded to the plaintiff and in a criminal lawsuit it’s the state taking action after a crime has been committed.

The kind of damages awarded in civil cases tends to vary from state to state and it’s best to consult with a skilled wrongful death attorney for further information. Some of the factors taken into consideration when an award is determined have to do with how the deceased handled money while alive, what income would have been earned had they lived (future earnings), the cost of the death which includes medical and funeral expenses, and the suffering and pain of the family left behind to cope without their deceased family member. Awards in these kinds of cases are typically referred to as a settlement, and are usually paid out over a “structured or specified” length of time.

Structured settlements are handled in a variety of ways. Typically, once the award has been made a structured settlement factoring transaction kicks in, letting the family get a lump sum payment instead of many smaller, proportioned amounts. At this point some plaintiffs opt to sell their rights to get all or part of their future payments immediately. This is something that definitely needs to be discussed with a highly qualified wrongful death attorney, as although there may be advantages to selling the structured settlement, it isn’t the right route to go for everyone.

It’s not unusual for people to sell their settlements to get money up front because in most instances by the time the award comes through they are in need of money to pay overdue bills and other expenses such as educational needs, improved housing, different transport, and unexpected and continuing medical bills and rehabilitation.

To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

When a recession hits those who want to downsize their cars or give them up to save on gas, they usually opt to buy a motorbike. Not a bad idea, but with that choice comes an increased risk of serious personal injuries or even death.

In Georgia alone in 2008 there were over 390,000 motorcycles registered. That shouldn’t come as any great surprise in light of the state of the American economy. Gas prices are ridiculous and people are hunting for alternative methods to get to work and other places. In other words, they want a cheaper ride. On the other side of the fence, even though the ride is indeed a whole lot less expensive than owning a car, there are a lot of distracted (cell phone and texting) drivers out there. Add reckless drivers into the mix and this is a guaranteed recipe for disaster.

Know the laws of the state chosen to bike in, as every state does have different laws passed that are intended to help protect vehicle drivers and motorcyclists. In most states the law reads that bikers have many of the same rights and duties as other vehicles on the road.

Some of the laws aimed at protecting people include protective equipment use where the biker is required to use protective headgear and eyewear, unless they are over 21 years old, have had a license for two years, and have completed a safety course. What difference the age of the rider makes when it comes to wearing safety helmets and eye protection is a bit baffling, since older riders are at risk for accidents as well, but this is one of the reasons you need to know the law.

The laws for lane use for motorbikes are the same as those for cars. In other words they may use the whole lane and must not pass a vehicle using the same lane as the car being overtaken. What is different is that motorbikes are allowed to drive two abreast in a single lane of traffic for added safety.

Headphones and earphones are not allowed unless it is a hearing aid or a single cell phone earpiece. Any passengers may only ride on a permanently attached seat on the motorcycle and the biker may not carry anything that would interfere with the bike’s safe operation. In many states as well any bikes built after 1982 must have lighted headlamps on at all times and when it comes to insurance, all bikes are required to have liability insurance to deal with any injuries or property damage sustained by another person in a crash. Interestingly, in some states bikers aren’t mandated to carry medical insurance to cover their own personal injuries.

If faced with a motorcycle accident, speak to an experienced personal injury attorney to answer any questions that have come up and discuss legal options.

To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert or Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury attorney, visit Ozcomert.com.

When the term professional malpractice is mentioned, many people assume it automatically refers to medical malpractice. This isn’t always the case.

Malpractice cases don’t always center on medical malpractice issues. In fact, the term malpractice refers to any act of neglect or failure by a “professional.” These kinds of cases also happen to involve accountants, nurses, dentists and lawyers.

The difficult thing about malpractice cases is what actually constitutes professional neglect. This is a hard thing to prove, as it usually boils down to a “he said/she said” situation and involves what other pros in the same profession as an accused consider to be the “gold standard” of proper and ethical practice.

Professional neglect is an act by an expert that harms a patient or client. In other words, the person on the receiving end of the negligence suffers some harm. Usually in cases such as this the assertion is that the quality of care or the service provided was outside the generally accepted standards followed by others in the same profession.

There is, however, another meaning for the term malpractice and that is an act done on purpose by a professional intending harm. For example the case of an accountant or stockbroker who misappropriates money from his or her clients. It may also mean an instance where a patient in a hospital gets the wrong medication and it causes physical harm. This would be a prime example of hospital malpractice. Medical misdiagnosis may also fall into this area of law.

While it likely goes without saying that experts in any profession are only human and are sometimes prone to making mistakes, the dividing line between an honest mistake and malpractice is when the harm caused by the practitioner could have been avoided if they had only acted in a reasonable manner “under the circumstances.”

The most common cause of death in the U.S. is medical malpractice and includes cases involving bungled surgery, cancer misdiagnosis, birth injuries, and medication overdoses or mistakes. Ranking right up there next in line are errors relating to not getting informed consent before doing a medical procedure and the failure to act quickly to treat a diagnosed condition.

To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

If you’ve ever been totally soaked by gas while filling up your vehicle because the hose separated from the nozzle, you may have cause to file a personal injury claim.

Getting gasoline all over yourself including in your eyes and all over your face, not to mention your clothes, is an upsetting experience. It may also be one that causes serious harm unless you get help immediately. Depending on the circumstances of the gas splash, you may have grounds to file a personal injury claim against the gas station for having a defective gas nozzle. If you do find yourself in a position like this, make sure you speak to a skilled personal injury lawyer for advice.

Let’s say there was no emergency eyewash station or other solution on hand at the gas station and the painful experience of having gas in your eyes was only alleviated by using the washroom and washing it out with water. Let’s also say that the hose was very clearly defective and that the management of the gas station knew or should have known the hose was in such a bad state – bad enough that they would have reasonably expected your type of accident could and would happen.

Let’s further posit that there was no damage to your vehicle because you immediately washed it after the incident and it was fine. Now, depending on which state you happen to be in, negligence law may be different. This is one of the major reasons to consult with an experienced personal injury attorney for assistance. Knowing your rights is the first thing you need to do for yourself.

This type of an accident is not common, and assuming the hose was indeed “clearly” defective and that may be proven, then you will, as mentioned above, need to prove the station owner did know about the problem, or should have known about it. Nozzles don’t have a habit of separating from the hoses, so it’s likely the owner should have known about the problem, have seen it or had it mentioned to him or her by other patrons filling their vehicles.

The other argument in your favor would be the fact that the standard of care or maintenance at a service station would seem to dictate that the hoses be checked for faults on a regular basis. Given those factors, you may be entitled to some form of compensation depending on the severity of your injuries.

If they are not that serious, you may not get a lot of money in return. Many personal injury cases are expediently evaluated on the basis of the degree of liability the station owner has, the exact nature of the injury, the type and amount of medical bills you may have incurred now, and perhaps in the future and any pain and suffering you struggle with now and in the future. In addition, you may be able to claim lost wages now and in the future.

Based on the fact that there were no serious injuries but there was severe pain from gas in your eyes, you may have a claim for the pain, stress and inconvenience as a result of the nozzle separating from the hose and dousing you with gas. Contact an attorney as soon as you can and make sure that the attorney not only handles personal injury claims, but premises liability. You never know, this kind of thing might have happened at the same gas station before and this would be good for your case. If the facts of your case merit a lawsuit, your attorney will begin to preserve evidence, examine maintenance records, get photographs and determine what kind of liability insurance the station has. Don’t delay contacting an attorney, as time is of the essence.

Tim Anderson works with 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 or Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury attorney, visit Ozcomert.com.

Unfortunately there are an increasing number of medication errors being made in hospitals and other medical settings; errors that result in medical malpractice cases.

These figures will shock and likely dismay you. There are well over a million people a year across the U.S. who suffer harm or death due to medication errors. It’s these kinds of mistakes which may well lead to a medical malpractice case or a wrongful death action. Don’t guess which legal route you may be eligible for because these cases are difficult to prove. Always speak to a highly skilled medical malpractice attorney for advice and an assessment on whether you have a solid case.

What constitutes a medication error? In a nutshell, it is any “preventable act” that may cause or wind up causing improper medication usage and patient injury while being cared for by a health professional. Known also as prescription errors, these potentially deadly slip-ups may come about as the result of poor product labeling, the wrong orders being given, inappropriate compounding, monitoring, administration or use and dependency. It only takes one minor mistake handling drugs and the consequences could mean severe harm or death for an unsuspecting patient.

Recent statistics indicate that the most common fatal blunder was giving the wrong dose of medicine. Those figures were a whopping 41%, with giving the wrong drug and using the wrong method of giving that drug coming it at 16%. This information would certainly give anyone in a care setting a great deal of pause for thought.

Unfortunately, many of the people in care are not able to question what drug they are being given and are in essence a captive audience being fed medications as the doctor orders. Whether or not the right orders were given and the person administering the medication does so in a proper manner are the other questions that may lay the foundation for a medical malpractice lawsuit.

Many medically negligent medication errors happen with people over the age of 60 years old. The major reason for this is that many seniors in that age bracket are on multiple medications and the chances for a potentially fatal interaction/reaction increase exponentially. Make it a point to check out all medications you have been told to take. Ask about side effects and compatibility of the new medication with existing ones. Read everything you can get your hands on about the drug and double check the dose, when to take it, how to take it and any other special instructions.

Being involved in your own health care is essential if you want to minimize the chance of having something go wrong later when you are not able to be present and alert to monitor what you are being given. If you suspect you have been the victim of medical malpractice or a family member died due to a medication error, contact an expert med mal attorney well in advance of the statute of limitations running out.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio. To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

It’s the law that property owners must take every reasonable precaution to make sure there are no serious hazards that would harm or kill anyone coming on the property.

Premises liability applies to personal and commercial property and any owner or manager looking after property is legally bound to make sure the premises are safe for the public. If the property is poorly maintained and an injury, illness or death happens as a result of being on another person’s property, the plaintiff may be awarded compensation by the courts against the negligent property owner.

It doesn’t matter what kind of property is being discussed, although some properties are inherently more hazardous than others, e.g. industrial sites with power tools, toxic chemicals and heavy machinery. Commercial locations such as stores have high pedestrian traffic and anything may happen in a crowded store; for instance, items falling from shelves or items on display in the patio furniture department falling apart when someone sits on it.

While your home may very well be your castle it is also a place that must be safe for visitors. Other locations that people have a reasonable expectation that they will be safe are airports. Witness a recent case where a passenger was walking through O’Hare airport and slipped and fell as the result of an oily substance on the floor. The passenger sustained a broken kneecap and was unable to work for a long period of time. The settlement in that particular case was $800,000 for her injuries and damages. It was alleged in that case that the management of the airport should have known about the oily substance on the floor, as there was a high likelihood of spills of that nature happening in an airport.

Every case and accident is unique which means that in every case the circumstances of that particular case play a huge role in what the eventual outcome may be. A good example of this may be an injured construction worker who took a fall at the mall, slipping on spilled coffee, will have different needs to resolve his case than an office worker in the same situation.

While a slip and fall injury may be just around the corner in a lot of people’s lives, there are certain fairly common instances where premises liability comes into play. They include a porch collapse, stair collapse, elevator and escalator injuries, fires, swimming pool injuries, lead paint poisoning and mercury poisoning, and what is considered to be a “typical” garden variety slip and fall such as a wet spot on the floor in the vegetable section of a store.

Generally speaking, if there is existing case law for an accident a person has, this will assist the premises liability attorney in recovering any damages due to the victim for medical care, suffering, pain and other incidental damages.

To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert or Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury attorney, visit Ozcomert.com.

There are more scams on the go than just the high profile ones that you read about in the paper. Madoff is a very large example of some of the smaller schemes that proliferate online and offline.

There are far too many con artists out there these days to really take anything for granted any longer. You can thank the recession for that as more people try to find ways to make money. Let’s face it, investors are looking to recoup their losses somehow and on the other side of the fence, there are con artists just salivating to divest them of their money.

Be on the lookout for scams like the Ponzi scheme which dangles the golden promise of high returns in front of investors. This one works by taking funds from new investors and then paying off the first investors in the pyramid until it ultimately collapses. In the Ponzi, virtually all the investors lose everything, including the shirt on their backs.

We all know the real estate market is in a real mess and this is where the real estate investment con comes into play. It usually promises high returns for merely flipping real estate. However, investors lose out big time when expected work is never performed as promised or the house is located in a really bad area where no one wants to live.

A little closer to home and a bit more personal, is the investment/financial advisor fraud. This happens when an advisor without any ethics or morals takes advantage of their client not knowing much about investments. They may embezzle funds, grossly over inflate the cost of their services or have even been known to make up charges.

Another popular scam is the oil and gas investment con. It primarily assures investors they will make quick bucks on oil and gas ventures. However, these “ventures” never do get off the ground. Make sure you are aware and alert and watch for unregistered securities.

The worst scam of all, at least on a personal level, is something called the affinity fraud. The scam artist in this fraud uses personal connection to target groups, say at work, church or even a family, and lures them into making fraudulent investments. This one really hits home when those who have had the wool pulled over their eyes discover the deceit.

If you’re the victim of fraud or about to be charged with fraud, hiring the right attorney will make all the difference in the world. Don’t try to handle fraud situations on your own, as there are too many things that have the potential to go wrong.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio. To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

It’s hard to try and set an amount of damages that you may have sustained in a car crash. The sheer overwhelming number and type of wounds may totally confuse you, not to mention having to repair your vehicle.

During the summer the highways and by-ways across America are jammed with holiday and regular travelers, add into this mix 18-wheelers, road construction, detours and unpaved roads waiting for upgrading, and you have the potential for accidents. It’s often bad enough traveling in an area you are familiar with, never mind going out of state to a place you have never been to before and have no idea how their traffic patterns will affect you. This makes it tough to know if you have enough insurance to take long distance road trips.

The inevitable may strike your first trip or your fifteenth trip, and when it happens those injuries are put into a category that will tell you the approximate dollar amount that may be awarded for those injuries. There are so many factors that need to be dealt with, not the least of which is determining who is at fault in the accident, the percentage of culpability, medical bills, down time from work, pain and suffering, the continual stream of medical rehab expenses you may face and yes, vehicle repair costs.

When you do submit a claim to an insurance company, every one of the above factors will be taken into consideration before the company works out how much they are going to offer you for a personal injury claim. At this point, if you have not spoken to a personal injury lawyer, then you should in case you get a lowball offer as settlement for your injuries. The thing with a great many injuries is that although they may not look serious on the surface, and may not hurt that much right now, they could develop into something potentially deadly later, e.g. neck and head injuries.

Figuring out how much your injuries are worth is just about the most important aspect of a personal injury claim, and it is also the hardest part to calculate. This is yet another reason why you need to be consulting with an experienced personal injury attorney who is able to assess your injuries and figure out what they may be worth if your case is taken to court.

Keep in mind that insurance companies will only offer you what “they” think your claim in worth and you can bet that what they think it’s worth and what you think it’s worth don’t agree. Let’s face it, an insurance company is in business to keep its claims to a minimum, not offer large sums of money to settle personal injury claims.

In most cases the person who was negligent and caused the accident (liability) has to ante up money to the injured person for things like permanent physical disability, disfigurement, lost wages, medical and rehabilitation care and other expenses, loss of educational, social and family experiences (missed school, training, recreation, vacation, etc.) and emotional damages such as stress, depression and damaged property.

Even though the insurance company has a formula to figure out damages, they may be right out of the ballpark when it comes to fair compensation. Always speak to a highly skilled personal attorney and find out the real scoop on how much your personal injuries may be worth if you are successful in court.

Tim Anderson works with 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 or Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury attorney, visit Ozcomert.com.

Not a day goes by that the highways in America aren’t teeming with big rigs. The 18-wheelers that make the pavement sing as goods are trucked to various locations. Beware tangling with a big rig, as the results are usually deadly.

For commuters on their way to work, for those out on the Interstate byways and country back roads, spotting a big rig is a very common occurrence. They are part of the mosaic of America. They are also deadly instruments of destruction if involved in an accident. In general, most drivers don’t pay that much attention to the big rigs, nor do they give much thought to who is behind the wheel. In most cases, they’re too busy just driving, concentrating on getting from point A to point B quickly. And therein lies the problem.

When car drivers don’t pay attention to what they are doing, or what other vehicles are close to them and what they are doing, this is when accidents happen. Truck drivers are not mind readers. If they were, there would be fewer deadly car/truck crashes. Truck accidents are catastrophic and almost always involve fatalities.

While it’s true that a number of big rig accidents are caused by the truck drivers not obeying the rules of the road, the other factor here is car drivers taking responsibility for their driving habits. It’s a common sense fact that 18-wheelers are much harder to maneuver than a car and take longer to stop. It’s just like the Randy Travis song that says 18-wheelers don’t stop on a dime.

Consider this deadly scenario: a car passes a commercial truck, whips back into the same lane as the truck far too early and then suddenly stops. The truck driver has no hope in avoiding an accident in cases like that. Instead they may jackknife, flip or run over the car that cut them off – not intentionally, but because they can’t stop soon enough.

Many car drivers also make the mistake in thinking that just because they can see the truck, that the truck driver is able to see them. This isn’t the case. Just as there are blind spots while driving a car, there are blind spots for truck drivers. Don’t wind up in one of those blind spots.

Another tactical error that car drivers make if they’re not familiar with how big rigs turn corners, is move around the rig to the right, smack dab in the way of the rig as it turns. The consequences of this are not pretty, and while not usually deadly, there is the potential for serious injuries.

When traveling with trucks, singly or in a convoy, stay clear and well away from them. Give them the space they need to travel safely. Avoid driving between two trucks or getting too close for comfort. Commercial trucks need space, and lots of it. That’s just the way life is and car drivers sharing the roads need to be aware of their own actions and take responsibility to drive with caution.

In the event of an 18-wheeler collision, immediately, despite severe personal injuries, contact a highly skilled attorney to take the case. The road to justice will then be an easier one to travel.

To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

It doesn’t take a rocket scientist to know that texting while driving a vehicle is a remarkably bad idea. The results may be deadly for both the texter and the person they hit.

Adults don’t generally try to text while they are driving; most likely due to the fact they realize it’s not a very smart move. Teens and inexperienced younger drivers, however, have a disturbing record for attempting to text while handling a car on the road. The consequences are not pretty. Consider the statistics that show 5,000 teenagers killed annually in traffic accidents. This isn’t to say they were all caused by the drivers foolishly texting while driving, but a significant proportion of that number were doing precisely that at the time of the collision that killed them.

Even more disturbing than those figures, another 2,500 people were also killed by vehicles driven by teens doing a variety of things like talking on a cell phone, yakking to their friends in the backseat or attempting to reply to an email with their Blackberry. Inattention kills. It’s just that simple. This nationwide problem is being dealt with in various ways by each state. If you’re unsure what the law says in your state, consult with an experienced personal injury attorney.

Some states are getting downright innovative in trying to address the problem of texting teens. For instance, New York recently voted to bring in a bill that not only bans texting while driving (statewide) but kicks up the license requirements for younger drivers. For instance, the practice driving that teens do with an adult prior to a road test and getting a junior license has been substantially increased. It went from 20 hours to 50 hours and added in 15 hours of night driving. In addition, a learner’s permit must be held for six months before a junior license is issued.

When it comes to the infamous Blackberries and various assorted pagers, personal digital assistance, laptops, gaming devices and other two-way messaging systems, they are simply banned outright, with the exception of being used for “emergency” situations. Of course, what constitutes an emergency for one person may not be an emergency for another. Fines run to $150. Interestingly enough, there is one odd exclusion and that is iPods. We’re not sure why those weren’t banned either, as listening to an iPod while driving means emergency vehicles can’t be heard and the driver can’t react appropriately to allow them to pass.

There is no doubt that text and driving don’t mix. Even in the state of Georgia there is a problem with this kind of irresponsible activity. Unfortunately Georgia only has a cell phone ban, but nothing in place for texting. Would a texting ban be a good piece of legislation to bring into effect in Georgia? Undoubtedly it would be; the question is what would it take to make that happen?

In many instances new legislation addressing problems like texting while driving doesn’t come into being until there have been a number of fatal accidents that highlight the behavior as a problem. While that’s a rough way to introduce lifesaving legislation, it may be what happens in Georgia’s case unless someone wants to advocate for change now.

Tim Anderson works with 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 or Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury attorney, visit Ozcomert.com.