Frequently Asked Questions

Hammers Law Firm is pleased to welcome Attorney Taylor Barnett to our team of dedicated trial lawyers. Taylor graduated Magna Cum Laude from The Ohio State University and Cum Laude from the Wake Forest University School of Law.

With experience practicing at one of metro Atlanta’s premier insurance defense firms, Taylor worked primarily for the nation’s largest insurance companies on all aspects of the claims process. He is licensed to practice in the Supreme Court of Georgia, Court of Appeals, U.S. District Court – Northern District of Georgia, and is a member of the GTLA. Taylor was recognized as a Super Lawyers Rising Star in 2021. Taylor’s practice areas include personal injury, Civil Litigation, and appellate.

We are excited to welcome Taylor Barnett to the firm!

The Georgia Department of Transportation (GDOT) partners with private contractors to build and maintain the state’s highways and bridges. GDOT doesn’t want you captive for hours by a mile-long chain of stopped cars because there are insufficient lanes for traffic flow. You have probably noticed the blue-striped, white trucks with the GDOT logo hurrying down I-285 or I-20 because there is a project proposed for a new interchange there.

But what happens when one of these vehicles careens into you? Or when an employee in a private vehicle speeding to a GDOT meeting smashes into the back of your car, injuring you? What if GDOT forgets to mark a construction project and you sail off a torn-up interstate ramp? Can you sue GDOT for negligence after a car wreck? Yes, with the caveat that the rules differ from those governing negligent private citizens. A car accident attorney familiar with claims against the government could help you get compensated.

Notifying GDOT That You Are Filing a Claim

The Georgia State Torts Claim Act mandates that injured plaintiffs notify GDOT or any government agency being sued. When you are injured in a motor vehicle crash, you must notify Georgia’s Department of Administrative Services risk management division within 12 months. The notice concerning your claim should contain information detailing the accident, your injuries, the amount of compensation you seek, and why you believe GDOT’s negligence caused the accident. Properly presenting your claim requires legal expertise to ensure compliance with the state’s acceptance criteria. Failing to meet the threshold for negligence will sink your claim. In addition, you must provide the risk management office with sufficient time to respond; typically at least 90 days before your attorney can file your lawsuit.

Process Service and GDOT

Like a lawsuit against a private citizen, a process server must officially deliver the complaint to the defendant. Unlike the process against a citizen, you must also serve the risk management director at the Department of Administrative Services and send a copy to the state’s Attorney General via certified mail. The lawsuit must contain exhibits that document the notice and the delivery receipt.

Because a claim for damages in a car accident is a tort action, the case would proceed to the superior court in Fulton County if the wreck occurred in Atlanta.

No Sovereign Immunity for Personal Injury Claims Against GDOT

You may be wondering why GDOT doesn’t have sovereign immunity to protect the government agency against having to pay damages in personal injury lawsuits. If GDOT employees doing their jobs cause car accidents that injure others, they are treated like private citizens. This means compensation can be awarded for your:

Medical and rehabilitative care
Lost wages
Mental or emotional trauma
Pain and suffering

However, according to the Official Code of Georgia Annotated § 50-21-29, damages are capped at $1 million per single claim per accident and $3 million total per accident. The courts will not award punitive damages if Georgia or its agencies are the defendants under O.C.G.A. § 50-21-30.

Our Legal Team Will Take on Government Giants if You are Injured

You may feel like the little guy if a Georgia government agency employee injures you. When traveling the public roads in and around Atlanta, you may collide with a GDOT truck or encounter one of their interstate projects that is unmarked and causes you to crash.

Our proactive auto collision attorneys could fight for your rights and seek the fair compensation you deserve after an accident involving GDOT. We deal with government red tape, so you do not have to. Contact us today to get started on your claim.

Sterigenics is a medical sterilization plant under fire for releasing airborne toxins that cause an elevated cancer risk to individuals living in surrounding areas. In a recent court hearing in Cobb County, a judge ruled that the hundreds of residents affected by the company’s negligence may sue the landlord, Prologis, for potential damages.

Background on Prologis

Prologis has been under scrutiny on multiple occasions for failing to maintain a livable facility as required by the leasing agreement. Over the years, many different physical features of the property have required repairs, from the roof to the facility walls. The failure to comply with those needs could have contributed to the exposure of hazardous gases to hundreds of families. The harmful gas seen at the facility is known as Eto (ethylene oxide) and has been identified as a cancer-causing agent.

Investigating Ethylene Oxide Emissions

Sterigenics was first questioned back in 2019 when an investigation by Georgia Health News and WebMD revealed that the Environmental Protection Agency had linked ethylene oxide emissions to higher risks of cancer.

Following the original revelation, over 300 residents and workers filed lawsuits against Sterigenics. Ever since the first filing, Sterigenics has attended numerous hearings and fought many legal battles with Cobb County. After the public involvement, the plant closed; however, it reopened in 2020 after the nationwide shortage of medical supplies at the beginning of the pandemic.

The Case Against Prologis and Sterigenics

Attorneys representing Prologis have argued that the company was an absentee landlord who had no control over Sterigenics sterilization operations or negative repercussions. However, the plaintiffs pointed to numerous emails that showed Sterigenics consistently reporting leaks in the plant, which were never taken care of. The plaintiffs argued that Prologis knew about the structural issues that contributed to the leakage of toxic gas.

In an order, Judge Jane Manning wrote, “A reasonable inference could be drawn (that) if sunlight, water, and vermin could enter the facility, then, an odorless, colorless gas could escape from the facility.” In the case that the odorless gas did escape the facility, the landlord could be held liable for damages caused to individuals in the area.

Following the verdict, spokesperson for the defense Lydia Chan stated, “While we appreciate the court’s time and attention, we are disappointed with the ruling and plan to appeal.”

Reach Out for More Information on the Sterigenics Case

At Hammers Law Firm, we handle all types of cases involving personal injury and are here to advise you on the ongoing case against Prologis and Sterigenics. Our skilled attorneys are dedicated to defending and protecting injury victims. If you believe you or a loved one were exposed to harmful substances due to the Sterigenics leakage in Cobb County, reach out to our firm for a legal consultation.

The Plaintiffs of the Paragard IUD Products Liability Litigation case have won an important motion that moves the case into the discovery phase.

Georgia federal judge Leigh Martin May denied the defendants’ motion to dismiss the case and found that the claims are not preempted by the FDCA, as the defendants pled. The judge found that the plaintiffs adequately stated their claims and denied the defendants’ argument for a shotgun pleading.

This is a major success for the plaintiffs, as the ruling moves the case into discovery and closer to a successful resolution.

Paragard IUD Case Background

The Paragard MDL (Multidistrict Litigation) case is a product liability case filed against Teva Pharmaceuticals, Cooper Companies Inc., and CooperSurgical Inc., the owners of the Paragard device.

The Paragard IUD is a form of contraception that is inserted into the uterus to prevent pregnancy. Upon removal, the device often breaks and gets stuck in the uterus, requiring surgery that could lead to complications such as injury, infertility, and infection. These instances have led to the product liability suit against the defendants.

This case is nationwide, and the Northern District of Georgia has been selected as the transferee district.

Reach Out to Our Attorneys to Learn More

For more information about the Paragard IUD Products Liability Litigation case, contact the personal injury attorneys at Hammers Law Firm. We are here to explain the ongoing case and advise you on your unique situation.

Sterigenics, a medical sterilization plant, released airborne toxins that caused elevated cancer risks to those living in surrounding areas. More than 300 individuals have filed lawsuits claiming they developed cancer or other illnesses due to the company’s negligence. Now, court filings show that Sterigenics’ landlord, Prologis, is also under fire.

Prologis could be facing liability for failing to repair and maintain the facilities as was required by the leasing agreement. The roof and walls of the facility needed repairs, and Prologis’ inaction may have contributed to exposing hazardous gases—including Ethylene Oxide (EtO)—to hundreds of people and their families. EtO is a flammable yet colorless chemical that has been identified as a cancer-causing agent for years now. The first report of the issue dates back to a roof leak request in 2017.

Prologis argues that the company has no responsibility for the tragic events unfolding. A spokesperson for the company stated, “Sterigenics has exclusive possession of the premises pursuant to a lease agreement and is solely responsible for its operations. We do not believe that allegations aimed against Prologis in these lawsuits have any merit and will defend our company accordingly.”

Attorney Rob Hammers is representing a victim in this case. Our client lived in Smyrna, a few miles away from the Sterigenics plant, with their four-year-old daughter, who has had leukemia for two years, and her sister, born with a genetic abnormality. We believe the negligence of both Sterigenics and Prologis led to the family’s developing leukemia, lymphoma, and breast cancer. Hammers Law Firm is fighting for our client and the hundreds of others who have suffered significant damages and losses from these companies. If you have been affected by the release of these toxins, reach out to our firm right away to discuss your case.

Not every car accident involves two or more automobiles. Some instead are single-vehicle collisions where the driver collides with a fixed object. According to the Insurance Institute for Highway Safety (IIHS), vehicles leaving the roadway and colliding with a fixed object such as a tree, pole, road sign, or traffic barrier account for around 20 percent of all car crash-related deaths.

Individuals often assume that the driver of a fixed object accident is immediately at blame, but this is not always the case. For a number of reasons, other parties could be at fault for the accident. If you collided with a fixed object because of another party’s fault, a resourceful attorney may be able to help you fight for compensation.

Common Causes of Car Accidents with Fixed Objects

You may be entitled to compensation if your accident was caused by any of the following:

Another Driver

A reckless driver can cause an accident without actually colliding with your vehicle. For example, if a drunk or distracted driver veers into oncoming traffic, it may have caused you to swerve to escape a head-on collision. This can cause you to hit a stationary object such as a light post or a tree. In this situation, the negligent driver could be held responsible for the accident.

Property Owner

Near major highways, residents and businesses are expected to maintain travel areas free of debris and stationary objects. If you veered off the road into a parked vehicle, farm equipment, fence, or another object that was located too close to the road, a local attorney can help you fight to hold the property owners liable for your damages. You may also be able to file a claim against the owner’s business or homeowner’s insurance if you diverted off the road to avoid hitting an unsecured pet or farm animal.

Commercial Companies

Under federal law, truckers and the organizations that employ them are responsible for ensuring the goods they are transporting are adequately secured. If those goods are not secured and spill onto the road, especially at high speeds, they could be held liable for any harm or property damage you sustain.

Local, State, or Federal Agencies

Road maintenance is frequently the responsibility of local, county, and state governments. They have a responsibility to ensure the roadways are safe for vehicles. This includes safe road design, adequate lighting, removing debris, appropriate signs, and more.

Auto and Product Manufacturers

Before releasing vehicles and vehicle parts, manufacturers are required to inspect and test the vehicles. If a manufacturing company knew or should have known about a design defect such as a faulty engine or electrical system, defective brakes, or other hazards, the company may be held liable in an injury lawsuit. In more serious cases, a class action lawsuit can be filed against the negligent auto or product manufacturer, as well.

Drug Manufacturers

Several prescription drugs and over-the-counter medications have serious side effects such as drowsiness, impaired sight, and hallucinations. These side effects can be dangerous and even fatal to drivers. A drug company is required to alert the public of these side effects on the label of their product.

We Can Help if You Were Injured in a Fixed Object Car Crash

If you have been injured in a car accident with a fixed object, an experienced single-vehicle accident lawyer can help you determine liability. Our compassionate and knowledgeable lawyers can assist you in filing a claim to seek compensation for the injuries and damages you have incurred. Contact us today to get started on your claim.

Ethylene oxide (EtO) at room temperature is a colorless flammable gas with a sweet odor. Commonly used in small doses as a sterilizing agent, the gas can damage DNA to effectively clean materials. Specifically, the medical device industry heavily relies on EtO to sterilize about 20 billion instruments per year.

However, EtO is a human carcinogen, and exposure to the chemical may cause serious health issues. If you were exposed to high amounts of EtO, we could help you file a claim for any damages you have sustained.

The Dangers of Being Exposed to Ethylene Oxide

Medical personnel and individuals working or living near industrial facilities may be exposed to uncontrolled industrial emissions of EtO, which can cause significantly elevated levels of the chemical in their bloodstream. However, the general public can also be exposed through tobacco smoke and the use of other products that have been sterilized with EtO, like cosmetics and medical products.

Primary forms of EtO exposure include inhalation, ingestion, and exposure through the skin. In limited quantities, exposure to EtO can cause respiratory irritation, lung injury, headache, nausea, and other symptoms. However, long-term exposure has proven to increase the risk of cancers of the white blood cells, including Hodgkin Lymphoma, Lymphocytic Leukemia, Myeloma, and breast cancer in women.

How to Avoid Exposure and Future Regulations

The U.S. Occupational Safety and Health Administration is currently working to limit occupational exposure to ethylene oxide. The current standard limits employee exposure to one part EtO per million parts of the air in an 8-hour time-weighted average. The Environmental Protection Agency is also tackling a similar issue by considering new restrictions on the chemical, especially for instances that it is used as a pesticide.

When handling EtO, it is crucial to wear protective eye gear and clothing and use a respirator in the case of exposure. In more severe situations, government agencies recommend the use of a chemical protective, full-body suit. In everyday life, consumers should be wary of personal care products with ethoxylated ingredients and avoid first and secondhand smoke, if possible.

Contact an Experienced Attorney for Assistance Today

Employers have the duty to care for the safety and wellbeing of their employees. If you have been exposed to EtO or other toxic chemicals and have developed an illness as a result, you may be entitled to compensation.

The experienced attorneys at our firm have the proper experience and resources to secure appropriate compensation for individuals who have suffered from exposure in the workplace. Contact us today to schedule a consultation and learn more about your options.

The U.S. suffers around 40,000 fatal car accidents per year, according to the National Highway Traffic Safety Administration (NHTSA). There are several instances, however, where accidents do not lead to death, but they instead leave the occupants to life-altering injuries.

First Steps After a Traumatic Accident

Immediately after an event that led to a catastrophic injury occurs, it is important to take care of your own health concerns by calling emergency services. Receiving medical assistance for your injuries could make the difference in helping the injury and your healing process. Contacting emergency services and receiving medical assistance could also help you document the accident and your injuries, which could be helpful in the event that you choose to file a catastrophic injury claim.

Fight for a Claim that Covers Applicable Medical Costs

A primary concern with catastrophic injuries is that the injured person will be too quick to accept an insurance claim before considering the entire scope of the accident and its aftermath—which often results in their expenses only being partially covered. In many accidents, the injured individual will not know the extent of their injuries immediately following the event. This might be because adrenaline levels are high, but some serious injuries to the brain or spinal cord are also not often apparent right away.

However, before settling on a claim, you should consider the costs related to rehabilitation, including treatments such as massage or chiropractic therapy, as well as costs related to home modifications and medical devices. A hard-working attorney could help you fight for an effective claim to fully compensate you or your loved one for the injury.

Determine Liability for the Accident

Because of the significance of the medical expenses tied to serious injuries, it is important to conduct a thorough investigation to determine liability. In cases such as a car accident, there is often an obvious offender—the individual who caused the accident. However, there are often more parties who could be held liable with an effective claim. For example, if a truck was too heavily loaded and was not able to stop on time, both the truck company and cargo company might be held liable for the accident.

Additionally, many catastrophic injuries come from defective products, such as faulty airbags. In this case, the company that produced the defective part might also be held liable. To receive full compensation for your injury, it is important to consult a dedicated attorney who can help you consider all parties involved, including those who were not at the scene of an accident.

Reach Out to a Catastrophic Injury Attorney Today

If you or a loved one are facing a catastrophic injury, meet with an experienced attorney to seek the compensation you may be owed. Navigating liability and insurance claims can be complex, especially after you have already suffered great physical and emotional distress. Instead of pursuing alone, reach out today for a private consultation.

After being involved in a car accident, individuals generally have the chance to file a claim for damages against the other driver’s insurance. However, if you were in a collision with a driver who was in a stolen vehicle, you may have to rely on uninsured motorist coverage.

How Does Uninsured Motorist Coverage Apply?

Uninsured motorist coverage aids in rapidly acquiring compensation for accidents where you cannot access the other driver’s insurance, including in hit and runs and collisions with stolen vehicles. Additionally, if the driver of the stolen vehicle is apprehended but does not have insurance, your uninsured motorist coverage can still help cover the costs of the damages.

Typically, these accidents include negligence on the part of the driver of the stolen vehicle. However, reaching out to a seasoned car wreck attorney is strongly recommended, as establishing this negligence on the part of the owner is vital to acquire a fair settlement.

Who is Financially Responsible for a Stolen Vehicle Accident?

The owner of the stolen vehicle is not typically held financially responsible for injuries and damages that the thief caused. However, if it is proven that the owner was negligent in some way, such as leaving the keys in the car, or giving permission to the driver to operate the vehicle, the owner may be held responsible for the damages the driver caused in your accident. In some cases, the owner might also falsely report a stolen car when it was lent to a friend or relative in an attempt to reduce their liability for the damages.

Get in Touch with a Hard-Working Attorney After a Car Collision

Getting into a car accident can already bring a financial and physical toll. However, if the accident was caused by an individual in a stolen vehicle, you may not know how to proceed. Fortunately, an attorney versed in this area of law can help.

If you have any questions or concerns about how to file claims when involved in a car accident, contact Hammers Law Firm today for a free consultation.

In cases of a catastrophic injury, the accidents leave the injured person with irreversible damage, oftentimes affecting their brain or spinal cord, which often hinders their functional capabilities. Additionally, these instances will usually require many surgeries and call for the injured person to completely reevaluate sometimes menial tasks in their daily lives. Injured individuals also may no longer be able to work, causing financial strain on themselves and their loved ones. If you or a loved one sustained a catastrophic injury, a tenacious attorney could assist you in fighting for compensation to help you financially recover.

Types of Catastrophic Injuries

Catastrophic injuries generally come in three forms: physical injuries, spinal cord injuries, and cognitive injuries. Physical injuries are classified as damage to orthopedic function or tissue, while spinal cord injuries exclusively affect the spinal cord and typically limit mobility. Cognitive injuries are the costliest type of traumatic injury and may affect the individual’s ability to think, speak, or create memories. Below are some examples of catastrophic injuries.

Burns
Paralysis
Nerve damage
Spinal cord injuries
Traumatic brain injuries

Available Compensation in Traumatic Injury Claims

Although there is no way to make up for a life-changing injury, catastrophic accidents are typically met with extensive financial benefits in attempts to make up for losses. These types of injuries also take a toll on those around the individual, so the emotional drain of friends and family might also be covered.

Although the total amount of compensation owed varies depending on the circumstances, in most catastrophic injury cases the individual will receive complete coverage for any and all medical expenses related to the injury, lost income, out-of-pocket expenses that the injured person or others incurred during the event, compensation for emotional pain and suffering, and coverage for the loss of quality of life.

Call a Catastrophic Injury Attorney Today

While injuries are common, certain injuries are more severe than others, with some even being life-altering. If you or a loved one have suffered a catastrophic injury, you may be owed compensation. Liability and the legal grounds surrounding injury claims can be complex, but a dedicated attorney may be able to help you navigate this difficult time and chart the best path forward. Call today.

Ethylene oxide (EtO) is a colorless, sweet-smelling gas most commonly used as a sterilizing agent for medical equipment and other machinery. The gas is also used to make a product commonly used in antifreeze and polyester known as ethylene glycol.

You or a loved one might be at risk of exposure if you live near or work at a plant that produces EtO solvents, antifreeze, textiles, detergents, adhesives, and/or polyurethane foam. You might also be exposed if you live near or work at a place where you regularly control insects in grain bins or sterilize medical equipment and supplies. If you have been exposed to and have had experienced side effects of EtO exposure, skilled injury attorneys at our firm have provided information regarding next steps.

What Side Effects Come From Exposure to EtO?

Short-term exposure to ethylene oxide may result in lung injury or irritation, headaches, nausea, vomiting, diarrhea, or cyanosis. In addition, splash exposure from liquid EtO can injure the cornea of the eye, and dermal exposure can lead to chemical burns and other forms of skin irritation.

Exposure from ingesting the gas can produce gastrointestinal distress and vomiting. Long-term exposure may result in reproductive effects, neurotoxicity, loss of control of bodily movements, mutagenic changes, seizures, and cancer.

Immediate Steps to Take After Exposure

Before you arrive at a health care facility, there are actions you should take immediately after a short-term exposure to ethylene oxide. For example, ocular exposure should be addressed by flushing out the eyes with water. Similarly, you should immediately treat dermal exposure by removing and washing contaminated clothing. However, if EtO liquid is on the skin, allow it to vaporize before washing.

Get Medical Treatment as Soon as Possible

If you or a loved one were exposed to ethylene oxide, contact your doctor immediately. It is also imperative to keep detailed medical and billing records. In the event that the exposure brings lifelong health effects, having adequate records could better your chances of a successful claim.

Contact an Experienced Injury Attorney for Assistance

If you or a loved one lives or works in Covington or Smyrna, Georgia, and were later diagnosed with cancer or have other debilitating symptoms from EtO exposure, you may be eligible for financial compensation. Reach out to discuss your options with a skilled injury attorney today. Our team is standing by and is ready to assist you.

When it comes to birth control, women face the decision between hormonal and non-hormonal contraceptive methods. Many women are opposed to hormonal contraceptive methods due to side effects they may have faced, or a general distaste toward altering their hormone levels. Unfortunately, the options for non-hormonal birth control are extremely limited, with only one approved form of non-hormonal birth control currently on the market: the Paragard IUD.

Paragard has been on the market since 1988, approved by the FDA in 1984. The t-shaped IUD is implanted in the uterus and can stay there for up to 10 years, giving it a reputation as a low-maintenance method of birth control for women avoidant of hormonal methods. One woman who was drawn to the Paragard IUD because of its non-hormonal, low maintenance nature was Anna Speaks.

Issues with the Paragard IUD

Anna, like many IUD users, opted for self-removal when it came time to remove her Paragard IUD. Experts are not in agreement on the safety of self-removal, but women without access to insurance or adequate care often choose to remove them on their own. When Anna removed her IUD, she immediately realized something was not right. A piece of the IUD was still left inside her body, which eventually required medical care and surgery.

Anna is not alone in her negative experience with the Paragard IUD. The FDA Adverse Events Reporting System (FAERS) tracks problems reported by health care providers and individuals. Spotlight on America sorted through thousands of these adverse events, uncovering the following numbers on Paragard:

3,186 reports of device breakage
1,910 of these events deemed as serious
102 related reports of hospitalization or life-threatening complications

These uncovered statistics have caught the attention of leaders in the field of women’s health, specifically Cindy Pearson, the Executive Director of the National Women’s Health Network, an organization that works to empower women and promote equity in healthcare. However, Pearson explains that these complaints are few among many, given that filing a report with FAERS is taxing and not publicly well-known. Pearson also notes that the 3,000+ number for Paragard device breakage is concerning and requires further investigation.

FDA Response to Breakage Reports

The FDA is not currently requiring or requesting any studies or follow-up research on the adverse effects of the Paragard IUD. The FDA also noted in a Q&A with Spotlight on America that FAERS data alone has limitations and cannot necessarily prove causation, indicate the safety of a drug, or establish rates of occurrence. FAERS data is also not medically verified, given that it is self-reported.

While the FDA is not taking action, many IUD users are. Over 55 recent lawsuits have been filed against Paragard, claiming the product has a propensity to break upon removal, and that it causes complications and injury. Women have also banded together on social media, bonding over negative experiences with Paragard. One Facebook group has over 8,000 members where they share stories and support one another through collective experiences.

Grassroots groups like these can cause big waves, says Pearson. Essure, another birth control device, has been removed from the market after campaign members pushed the FDA to look into complications resulting from the device. For those who have experienced the adverse effects of Paragard, successes like this may serve as a beacon of hope for their continued efforts.

Let an Attorney Help With Your Case Against Paragard

Having a defective Paragard IUD break inside your body could come with life-altering consequences. Fortunately, a qualified attorney could assist you in getting the financial compensation you deserve while you recover physically and emotionally. Call our firm today to schedule a consultation.

If you have a loved one living in a nursing home, chances are they will be well taken care of. Unfortunately, however, some facilities experience outbreaks in infectious diseases. And while a nursing home cannot guarantee that one won’t occur, many outbreaks are preventable. Nursing homes are required to take reasonable precautions for their patients’ safety and health. That includes steps that can minimize the likelihood of a serious disease. When a nursing facility fails to take these steps, it’s time to call a Georgia nursing home neglect attorney.

According to the Centers for Disease Control and Prevention, between 1-3 million infections occur annually in nursing home facilities. As many as 380,000 patients die each year from infections. Pneumonia, urinary tract infections, staph infections, and diarrheal diseases are some of the most common ones. Nursing homes are perfect breeding grounds for diseases because of the following:

The population is older, frailer, and often sicker. Nursing home patients tend to suffer from more long-term and chronic diseases. They have weakened or compromised immune systems, making them more susceptible to infections. Sometimes residents bring diseases with them and spread them to other patients.

Residents do not respond as well to vaccinations. Although some facilities require, for example, flu vaccines of their patients, these do not always work. In some cases, residents are not even vaccinated at all, due to negligence or oversight.

Residents share common resources. These include common sources of food (meals), water, and recreational and living space. Activities are often done in large groups, including watching television and social events. With this many people sharing with one another, it’s easy for an outbreak to occur.

High concentration of residents in small rooms. A related problem is that the rooms in which nursing home residents live are small. And there are many of them sharing an overall small nursing home. This concentration of people will allow a disease to spread throughout the facility.

Outside visitors can bring diseases. There’s always the risk that contact with family members will expose a resident to a harmful pathogen. This is especially true during the flu season, but it can happen any time. Visitors who bring diseases likely don’t know they are harming others.

Some problems cannot be avoided. No one can help that an individual has a weakened immune system. And if a viral or bacterial infection is particularly strong, it can have significant consequences regardless. But that doesn’t necessarily mean the nursing home is free of responsibility.

Nursing homes are required to take reasonable steps to keep residents healthy and safe. With respect to infectious diseases, that means adopting some standard medical practices. These practices, if observed, will keep a nursing home relatively sterile and minimize the spread of infection if one occurs.

Among those practices are the following:

Minimal use of catheters, which can cause urinary tract infections
Requiring nursing home staff to regularly and properly wash their hands
Requiring the staff to use gloves, masks, and gowns
Screening residents before admitting them
Isolating, as appropriate, residents who are infected
Frequently changing diapers
Requiring visitors to observe hygiene practices

Facilities are required to have an Infection Control Plan and staff who are trained in it. Nursing homes whose staff are not properly trained may be acting negligently. Negligence also occurs where facilities are understaffed, and when existing staffers are overworked. This makes it more difficult to diligently observe required practices, easily leading to an outbreak in disease.

Turn to Us If a Loved One Has Suffered from Nursing Home Neglect

Nursing home infections and disease outbreaks can cause serious medical issues. These result in steep medical bills, additional care costs, and pain and suffering. In some cases, they can cause the loss of life. When nursing home residents are made to suffer because of negligence, they deserve compensation. Hammers Law Firm is experienced with nursing home neglect cases, and we will demand justice for your loved one. Give us a call today to speak with our dedicated and compassionate team.

Witnesses play a vital role in helping victims . However, not everyone understands exactly how important these individuals can be. A witness can make or break your Georgia accident case in ways that you might not appreciate until you have an accident. Working with an automobile accident attorney in Mableton, Georgia, you can use witness testimony to improve your chances of winning.

Immediately after an accident, you may not be thinking about witnesses. If you or a loved one have been seriously hurt, you shouldn’t be. Your first priority is getting the medical attention that you and your passengers need.

As soon as you are able, however, you need to start considering witnesses. Not only can witnesses testify about the at-fault driver’s liability, in some cases they can help identify the driver. This can be a vital step in hit-and-run accidents or those in which the driver denies involvement. For each witness, get his or her name, contact information, and details about what he or she saw.

It’s important to discuss witnesses with your Mableton, Georgia automobile accident attorney. If your witness’s testimony is not reliable, it could do more harm than good. For example, your witness may seem to know precisely how the accident occurred. Perhaps he or she can even describe it step-by-step. But remember, the driver’s attorney gets to question the witness on the stand. If the attorney can poke holes in the testimony, your witness won’t help. A knowledgeable attorney will vet each witness and make sure they will help, not hurt, your case.

Ideally, you won’t even have to go to trial and can settle your Georgia accident case with the driver’s insurance company. A witness can still prove invaluable. Take, for instance, a case in which the insurer is trying to partially blame you for the accident. In Georgia, if you are partly to blame for a crash, your damages may be reduced. If you have a witness who can refute these allegations against you, it will be harder to deny your claims. In other words, the witness can help you in negotiating a fair and reasonable settlement with the insurance company.

The above witnesses are known as fact witnesses. As the term implies, they help establish critical facts in accident cases. These facts, however, do not only concern the actual series of events in your wreck. Witnesses, for example, often testify about the effects of accidents on the victim. This is especially relevant when it comes to establishing the nature of your damages. A witness, such as a family member or friend, can explain to the court how the accident changed your life. Or the witness can testify about your inability to work at the same level as before the accident.

Witnesses may be called against you as well. Take the aforementioned example of a case where you, the victim, are partially to blame for your accident. Again, it will be critical to discuss witnesses with your Mableton, Georgia accident attorney – including those who help the driver. Make sure your lawyer is aware of anyone who could harm your case as much as anyone who can help.

Fact witnesses are one element of a successful automobile accident case. Expert witnesses are another. These are professionals who are trained in certain disciplines that may be relevant to your case. The most common expert witnesses in automobile accident cases are:

Doctors and other healthcare providers
Accident reconstructionists
Economists

To illustrate the importance of an expert witness, consider an accident victim whose job involves manual labor. A fact witness can relay certain details such as the victim’s struggle to lift heavy objects. But an economist can explain how this and other limitations will affect the victim long-term. That includes quantifying the economic loss the victim has suffered and will suffer. This example shows the interplay of fact and expert witnesses that often exists in accident cases.

Call Hammers Law Firm for Help With Your Georgia Accident Case

Fact and expert witnesses are key players in any Georgia accident case. Winning the compensation you deserve requires having an attorney in your corner who knows how best to use witness testimony. You can count on Hammers Law Firm to fight for you. Call today to schedule a consultation with us.

Moped injuries can be serious, given the lack of protection that automobiles provide. Many accidents involving these vehicles are the result of another driver’s negligence. If you or a loved one were hurt while driving a moped, you likely have significant expenses to deal with. Hiring an experienced Georgia automobile accident attorney is the best way to demand the compensation you need.

Georgia defines a moped as a vehicle with an engine no larger than 50 cubic centimeters. Contrary to popular belief, a person must have a valid driver’s license or permit to operate a moped. The operator must be at least 15 years of age and wear a helmet. Traffic laws must be followed, and mopeds cannot be operated on highways with speed limits over 35 miles per hour. These and other rules may come in to play in an accident case, as we will discuss below.

There are a number of factors that can cause any driver to get into an accident. For the moped driver, however, these causes may be even more pressing. These are some examples of negligent behavior that can endanger moped riders:

Texting while driving
Distracted driving
Unsafe lane changes
Tailgating
Speeding
Failure to adjust driving behavior to weather and other conditions
Not checking your mirrors
Driving under the influence of alcohol or drugs

Someone who is hurt while driving a moped will typically suffer severe injuries. These can further result in such consequences as:

Significant medical bills
Required future treatments for injuries
Rehabilitation and physical therapy
Lost wages due to time missed from work
Reduced earning capacity
Pain and suffering

As with any other individual who is hurt in an accident, the moped operator has the right to pursue damages. Usually, this means starting with the at-fault driver’s insurance company. But insurance companies are quick to deny claims when they can, or downplay the severity of an accident. The moped accident victim must then face the prospect of a low-ball settlement offer or having to go to court.

Your attorney will work to strengthen your case and negotiate a fair settlement with the insurance company. This means reviewing the police report from the accident, witness statements, photographs, and more. Fighting for your right to compensation also entails examining your medical records to understand the nature of your injuries. You may have hidden injuries that will grow more severe with time and require future treatment. An experienced Georgia accident attorney anticipates these costs and demands compensation to meet them.

Earlier we discussed some of the laws and regulations surrounding moped operation. Whether you obey these rules could be important in an accident case. In Georgia, the victim’s own negligent acts can reduce his or her damages. In other words, if you were partially responsible for your accident or injury, your compensation may be reduced. With respect to mopeds, for example, let’s say you weren’t wearing a helmet at the time of the crash. Your accident causes you to suffer a brain injury. The fact that you didn’t wear a helmet may have aggravated your brain injury. The defendant can argue that your damages should be lessened because you contributed to the severity of the injury.

Whether any potential negligence on your part will reduce your damages is something to discuss with your Georgia accident attorney. Issues like this turn on the facts in each individual case.

If You Were Hurt While Driving a Moped, Call Hammers Law Firm

As automobile accident attorneys, the lawyers of Hammers Law Firm represent moped injury victims too. If you or a loved one were hurt in a moped accident, reach out to us. We will review your case, discuss your injuries, and advise you as to your legal options. Call our Georgia automobile accident attorneys today to set your consultation.

On Tuesday, October 14, pharmaceutical giant Johnson & Johnson won the reversal of a $72 million verdict in favor of the family of an Alabama woman who died from ovarian cancer. The victim’s family was originally awarded $72 million in a February 2016 St. Louis trial after correlating the victim’s death with her long-term use of Johnson & Johnson’s talcum powder products. While Johnson & Johnson has won this reversal for now, the company faces more accusations that their talc products lead to serious health risks, like ovarian cancer.

According to Reuters, Jacqueline Fox, 62, passed away from ovarian cancer in 2015, four months before the 2016 trial. Her development of ovarian cancer occurred after three decades of using Johnson & Johnson’s Baby Powder and Shower to Shower products. Fox’s Family sued the pharmaceutical powerhouse for not adequately warning potential users about the cancer risks these talc products pose leading to the $72 million verdict.

Studies investigating the dangers of talcum powder date back to the 1970’s. The talc mineral found in popular products, including Johnson & Johnson’s Baby Powder and Shower to Shower, is composed of silicon and hydrated magnesium. However, talc’s purest form, has been associated with asbestos and other carcinogens due to the mineral’s close proximity in mining environments. Likewise, the American Cancer Society has conducted studies linking the use of talc products to ovarian cancer, lung cancer and endometrial cancer. These seemingly apparent risks associated with the continual use of talc-based products have prompted victims and their families to demand talc product manufacturers, like Johnson & Johnson, to provide warning labels on these products to inform consumers of the potential health risks they face when buying these products.

The Supreme Court ruled in June 2017 that state courts can only hear personal injury claims by out-of-state residents if the plaintiff suffered injury in that specific state or if the company facing accusation operates out of the same state. Thus, this past October, a three-judge panel in the Missouri Court of Appeals overturned the February 2016 ruling to be in favor of Johnson & Johnson. As stated in an article published by FindLaw, “Because Fox never should’ve been in court in St. Louis in the first place, trial court’s judgment was reversed and vacated.”

As of 2017, Johnson & Johnson faces almost 5,000 lawsuits accusing them of damages or death caused by its talc products. In the same article by Reuters, it was revealed that the $72 million originally awarded to Fox’s family was only a fraction of the $307 million total awarded to additional plaintiffs who accused Johnson & Johnson of the same fault: not warning buyers about the studied cancer risks found in their talc-based products. In a trial similar to the one involving Fox’s family, a woman in California was awarded $417 million after suffering from ovarian cancer after using Johnson & Johnson’s baby powder. However, similar to the Fox trial, the California verdict was thrown out this past October.

Fox’s family is considering an appeal after the recent overturn. In the same report from FindLaw, Ted Meadows, the lawyer for the victim’s family, stated that this reversal is a representation of “a denial of justice for the Fox family.”

If you or someone you know has suffered a personal injury or wrongful death as the result of the use of talcum powder or any other defective medical product, please contact one of our attorneys at Hammers Law Firm today. We focus on your injury and suffering to ensure that you receive the settlement you deserve.

A CLOSER LOOK INTO WHAT MAKES I-285 SO PROBLEMATIC FOR GEORGIA DRIVERS

While Atlanta is known for several appealing qualities including its breathtaking views, impressive selection of restaurants, bustling city life and overall southern hospitality, there is one large obstacle that locals and visitors alike can agree on as a source of constant anxiety and affliction: I-285. Local commuters know the struggle all too well and grit their teeth at the mere thought of how many hours they spend sitting in unavoidable traffic during rush hour. Many of us that drive this route day-to-day more than likely have a handful of scary highway stories. If you are reading this and are new to the Atlanta area, you will soon find out what we are talking about here. I-285 is an interstate highway loop that encompasses both the city of Atlanta as well as territory that is deemed “in The Perimeter.” With several access points to surrounding highways and state roads, I-285 has become not only Georgia’s most busy highway, but in the entire nation. With this being said, the highway has an extremely high volume of commuting vehicles, giving it a reputation for both gridlock traffic and a point of supply for hazardous car accidents.

ARE GEORGIA’S INTERSTATES SAFE FOR TODAY’S TIMES?

Completed in 1962, I-285 opened as a four-lane freeway with two lanes of traffic designated for each direction. As an interstate system that was designed over 50 years ago, the structure, curvature and overall alignment was not built to handle the massive cargo that are today’s norm of shipment transportation. In 2008, a reported amount of 13,275 semi-truck accidents occurred in Georgia. As well as being designed for a different era of cars and trucks, the now 63.98 mile I-285 loop was never intended to accommodate such a massive amount of vehicles. Over two million drivers travel its lanes daily which is absolutely mind blowing to think about. This interstate now consists of nerve-wrecking eight to twelve lanes which can be rather daunting too many – yet sometimes inevitable for the daily Atlanta commuter.

HIGH FATALITY RATE ON GEORGIA’S MOST TRAVELLED INTERSTATE

Both traffic experts and commuters consider I-285 dangerous for many reasons. As sharp curves and exit ramps are present throughout the entirety of the interstate, inadequate signage and lighting often inhibit drivers from noticing sharp turns before it’s too late. According to Vox, in 2013 I-285 witnessed more fatal accidents per mile than any other existing interstates. It is estimated that there are on average eight fatalities every single day. The same year, 29 accident-related fatalities, including motorcycle accidents and truck accidents, occurred on Atlanta’s most populated interstate. These accidents are not always a driver-error, but a direct link to road rage. The AAA Foundation for Traffic Safety held a survey to find out how many people on average show signs of aggression while behind the wheel. Can you take a guess? Drumroll please! The survey showed that a whopping 80% of Georgia drivers have participated in some form of road rage, from cursing another driver to making offensive gestures.

One point on the interstate loop that is deemed tricky is where I-285 leads into I-20. If you make this drive frequently, you may find yourself up a creek without a paddle. This junction is dangerous due to its difficult turns combined with a large quantity of individuals who surpass the speed limit. Another challenging portion of the interstate is where I-285 meets I-75 with over 40 accidents having occurred at that specific interchange. With this many people on the road at any given time, added with the usage of technology while driving causing distractions and constant roadwork, this all constitutes a cocktail for disaster.

IMPORTANCE OF HIGHWAY SAFETY

Although millions of drivers travel on I-285 daily, the interstate loop is still a catalyst for all sorts of car accidents, including pedestrian accidents, truck accidents, motorcycle accidents and bus accidents. It is important for everyone to practice safety every day while driving. If you or a loved one has suffered a car accident on I-285, contact one of our attorneys at Hammers Law Firm today. We are enthusiastic and dedicated to helping you in every way that we possibly can. Thank you for your interest in Hammers Law Firm, and to all the fellow Georgia residents commuting to and from work, please stay safe.

When people say they feel like they got hit by a truck, what do they mean? Sometimes they mean that they physically feel very tired and sore, and sometimes they mean that they are reeling emotionally from a shock and do not know where to begin to take action. Almost no one who uses truck accidents as a metaphor has ever been in one, although seeing them from a distance or on the news is enough to give you an idea of how much damage and devastation they can cause. Rarely does a car accident shut down multiple lanes of traffic in both directions, but truck accidents routinely do.

In order to prevent devastating accidents, the Georgia Department of Public Safety has strict regulations regarding truck operation and the trucking industry. Because there are so many things that can go wrong when driving a truck, the trucking industry often requires detailed documentation of every step of the process when drivers are transporting cargo in large trucks across the country. If you are a plaintiff in a truck accident lawsuit, the best way to make a strong case is to gather as much evidence as possible about anything that might have been amiss in the truck or the way the driver was operating it. Here are four things to consider when building your case for a truck accident lawsuit in Georgia.

The Dimensions and Weight of the Truck

If you have ever taken a road trip, you have probably seen signs on the highway marking truck weigh stations. There are 19 truck weigh stations in the state of Georgia, and the Department of Public Safety chooses trucks at random for weigh-ins to make sure that the trucks are in compliance with weight limits. The individual companies that oversee transportation by trucks might require the drivers to weigh the trucks even more often and to keep records. In addition to weight, there are rules about the length, width, and height of the trucks.

Mandatory Rest Periods for Truck Drivers

It is dangerous to drive a car when you are too tired to concentrate on the road, so imagine how dangerous it is to drive a truck when fatigued. Road trips sound like fun, but driving on the highway hour after hour and day after day is exhausting work. Federal and state laws govern the maximum amount of time that drivers can drive trucks in a day or a week, as well as how long their breaks between shifts must be.

Driver Preparedness

In the state of Georgia, as in every other state, the requirements for being licensed to drive a truck are much stricter than the requirements for getting a license to drive a car, motorcycle, or limousine, and for good reason. Most people who have never driven a large truck cannot imagine what it entails. The Long Haul by Finn Murphy does a great job of describing just how much skill, planning, and concentration it takes to successfully complete a trip in a large truck.

The Rules are Changing All the Time

How strictly to regulate the trucking industry is a matter of ongoing debate in the state and federal legislatures. When gathering evidence for your truck accident personal injury lawsuit, it is important to find out exactly what the rules were at the time the accident. They might have changed between the time the accident happened and the time you filed the lawsuit.

Contact Hammers Law Firm About Truck Accident Lawsuits

Hammers Law Firm has won more than $1.6 million for their clients in lawsuits related to truck accidents, including tractor-trailer accidents. Our firm knows just what it takes to demonstrate the liability of truck operators or trucking companies in truck accident lawsuits. Contact Hammers Law Firm in Atlanta, Georgia for a legal consultation if you have been injured personal injury from a truck accident. You might have grounds for a personal injury lawsuit if you can prove that negligence or violation of regulations played a role in causing the accident. The attorneys at Hammers Law Firm can help you get the compensation to which you are entitled.

Cobb County Police have high hopes for new technology that will be able to catch distracted drivers. As mentioned in a report released by Channel 2 Action News, a device known as the “textalyzer,” can assist in determining whether or not drivers involved in an accident were distracted prior to the collision. The textalyzer can also analyze if a driver was texting, using social media or taking photos almost immediately after the collision upon visiting the accident site. This innovative technology can help law enforcement officials solidify evidence necessary to prosecute distracted driving offenders. The textalyzer is pioneer in cracking down on those who choose to text and drive in a time when there is an alarmingly high rate of injuries and deaths caused by distracted drivers.

In a way, the textalyzer is like a breathalyzer. Instead of determining one’s BAC, the device measures cell phone usage though apps, messaging or photos. The textalyzer was developed by Cellebrite, an Israel-based company that creates products for data extraction, transfer and analysis of mobile devices. In the same report from Channel 2, Cellebrite CEO of forensic technology, Jim Grady, said that the textalyzer reveals when a phone was active and logs activity to reveal if a driver was paying attention to the road prior to an accident. By tracking mobile device usage, it will be easier to prosecute and punish those who drive while distracted, similar to how an individual would be disciplined for driving under the influence.

The invention of the textalyzer comes in an era when texting and driving poses such high rates of danger for both offenders and fellow drivers. According to the DMV’s website, nine people are killed with over 1,000 injuries daily due to distracted driving related incidents. Texting and driving can increase your chance of crashing by 46%. In the State of Georgia, texting and driving is prohibited and can be punishable by a fine and points against the offender’s driving record. However, detecting whether or not one was texting is still a difficult task as a person can only be charged with an offense if an officer caught the driver in the act.

Several Congressmen have spoken out in favor of the use of this device and some have already written bills to legalize it, including Tennessee State Senator Lee Harris. Despite high levels of support for the device, some critics feel as if the “textalyzer” is an invasion of privacy. In an article published by NBC News this past summer, Cellebrite assured that the device does not record or extract personal content or information and solely detects mobile device movements and usage.

As of now, the textalyzer is merely a prototype. Several states, including New York, Tennessee and Illinois are in the process of creating and approving legislations for the device. While there are no present legislations in Georgia regarding the textalyzer, Georgia Congressman John Carson says that the implementation of the device is definitely in consideration. As stated by Channel 2, device manufacturer Cellebrite confirmed that the textalyzer will undergo mass production after states declare it legal.

The textalyzer can make a real impact on holding distracted drivers accountable for their actions. However, as it is still a change in the making, we as drivers must continue to always be alert on the roads and pay attention to protect ourselves and others. If you or a loved one has suffered a personal injury from a car accident due to a distracted diver, contact one of our attorneys at Hammers Law Firm today. We are committed to holding distracted drivers responsible for their actions and earning you the compensation you deserve.

After a car accident, no matter how minor, no one is thinking straight. It is easy for details to slip your mind, even though these details might become very important if you end up needing to file a car accident lawsuit related to the accident. Some of the most important evidence you might need in a lawsuit is on your own body. Therefore, even if you are not in any pain, and you think you have not been injured, it is important to go to the emergency room almost immediately and to receive as thorough documentation as you can regarding your injuries from the accident and the treatment they may require now or in the future. Here are four questions that you should ask in the emergency room after a car accident.

Will You Provide Documentation of When I Arrived?

The longer you wait to go to the emergency room after a car accident, the less strong your evidence that your injuries resulted from the car accident. Sometimes patients, especially those without visible serious injuries, have to wait a very long time in the emergency room before a doctor sees them, or even before a nurse checks their vital signs. Sometimes the ER staff will give you a hospital bracelet as soon as you arrive, and it may document your arrival time. If this is not the case, the best thing you can do is take a picture of yourself signing in. Make sure your hand, with a watch showing the time and date, is visible in the picture, as are the parts of the sign-in sheet showing your name and the name of the hospital.

Will You Take Pictures of How I Looked After the Accident?

Not all injuries have really obvious signs, but even the location of minor scratches, or smudges of dirt, can give clues as to how the accident happened. If you do not have a family member or friend with you in the ER to take these pictures, ask the ER staff to do it. Email the pictures from your phone to a family member, since the email will show when the pictures were mailed.

What Caused Each of My Injuries?

A report from the emergency room will contain a diagnosis. Ask the physician to include information in the report about what he or she thinks caused each of the injuries. Ask the doctor to be as specific as possible in his or her report.

What Kind of Treatment Will I Require?

When you go to the emergency room, it is typical to receive an information sheet about your diagnosis and the treatment recommended for your condition. If possible, get more specific instructions than this. Have the emergency room physician include specific instructions in his or her report regarding follow-up treatment.

The Role of Your Primary Care Physician

As soon as possible, perhaps even while you are in the emergency room waiting to be seen by the ER physician, you should call your primary care doctor to make an appointment. Your primary care physician can provide information relevant to your car accident lawsuit that the emergency room physician cannot provide. This is to say that your primary care physician has detailed records of your medical history, whereas the emergency room does not. The ER can prove that your injuries started at the time of your accident and not after. Meanwhile, your primary care physician can prove that your injuries started at the time of your accident and not before. He or she can show that nothing in your medical history would cause the kind of symptoms you started having after the accident. Additionally, if you require treatment by a specialist, you might need a referral from your primary care doctor.

Gathering Documentation

When you first speak to a lawyer about a car accident lawsuit, bring as much documentation as possible. These are some things you should bring to your legal consultation:

Pictures from the scene of the accident, and pictures of your injury
Any medical bills related to the accident
The emergency room report and any other relevant medical records

Contact Hammers Law Firm About Car Accident Lawsuits

If you suffered a personal injury from a car accident, you may be entitled to more compensation than what the insurance company offers you. Contact one of our attorneys at Hammers Law Firm in Atlanta, Georgia for a legal consultation.

Essure is a permanent birth control device created by Bayer. The device consists of a flexible coil that is inserted into the fallopian tubes to prevent pregnancy. In the following months after the coil is implanted, scar tissue grows around the inserts and blocks the fallopian tubes, creating an effective method of contraception. According to the device’s website, it is a highly effective form of birth control with a 99.3% effectiveness rate and over 750,000 women and their doctors have chosen Essure as their method of birth control. However, in 2016 the FDA announced that the Essure device would be given a “black box” warning on its label due to serious complications. Among these complications include severe physical reactions, miscarriages and multiple deaths.

The Essure device was first introduced in 2002 by Conceptus Inc., a branch of Bayer AG. The insert itself is a coil made up of stainless steel on an inner layer and nickel titanium alloy on outer layer. The coil contains polyethylene terephthalate to induce the growth of scar tissue once placed in the fallopian tubes. Additionally, Essure is non-hormonal.

The process to insert Essure is considered to be minimally-invasive by its manufacturer. The small coil inserts are carefully placed into the fallopian tubes with a catheter. It is an in-office procedure that does not require incisions or anesthesia of any sorts. Some women have reported an average procedure time as quick as 7 minutes, almost five times faster than the manufacturer-listed average of 36 minutes. Women return to their physician’s office three months after placement for an Essure Confirmation Test to ensure that the coils are still placed in the correct location and that scar tissue has created a barrier.

While Essure has been an effective and convenient form of birth control for many since its first use over a decade ago, there have been thousands of reports of severe negative side effects. Some threats Essure presents are minor incidents including abdominal pain after implementation, menstrual abnormalities, bleeding, fatigue and headaches. Other Essure-related side effects involve far more serious consequences such as device breakage, nickel-induced allergies, ectopic pregnancies and organ perforation.

Since its introduction in 2002, the FDA has noted more than 15,000 negative events or incidents deriving from the usage of Essure. Furthermore, between 2015 and 2016 there were an alarming 11,192 adverse events linked to Essure reported to the FDA. Lastly, there has been a confirmed 26 deaths linked to the device. The adverse results of this contraceptive method have created a large-scale controversy leading to several campaigns against the device as well as the creation of a website dedicated to women sharing their personal stories regarding their unfortunate experiences with Essure.

While the FDA has not recalled Essure, it released a “black box” warning for the device in 2016. A “black box” warning means that on the label of the prescription drug, or in this case, device, there is a mandatory warning of any potential adverse effects of the product due to more frequent evidence of dangers associated with the prescription in question. As the FDA and Bayer have refused to pull Essure from the reach of consumers, some Congressmen have taken the issue as far as introducing a bill demanding a product recall.

The rising occurrence of complications and side-effects linked to Essure are important to take into consideration if you or someone close to you have used this device. If you think that you or a loved one have fallen victim to any of the adverse effects mentioned in this article due to the usage of Essure, you should immediately report these incidents to the FDA. Then, contact one of our attorneys at Hammers Law Firm and let us take care of your defective medical product case. We are committed to representing you effectively and strategically against medical manufactures to ensure you receive the compensation you deserve.

Essure, a permanent contraceptive manufactured by Bayer, has been banned from Brazil and discontinued in 2 European countries. Over the past decade, Bayer’s Essure has faced numerous lawsuits citing ineffectiveness and dangerous reactions. Since receiving FDA approval in 2002, Essure has received more than 30,000 reports of adverse effects, leading the FDA to issue a black box warning, its strongest caution.

Developed as a permanent, non-surgical birth control device, Essure enjoyed popularity shortly after its release because of the easy insertion process without the requirement of anesthesia. The Essure device is a metal coil which, after being inserted into the fallopian tubes, will form a blockage of scar tissue to prevent pregnancy. However, not only have patients reported ineffectiveness, but the device has also lead to severe health problems.

Common adverse effects include chronic abdominal pain, intestinal tears, unintended pregnancy, hair loss, fetal death, ectopic pregnancy, abnormal bleeding, or migration of the device. A number of these side effects, especially ectopic pregnancy, can be extremely dangerous and even life-threatening to both the fetus and the mother. Some women have also suffered allergic reactions to the metal itself, causing itching, hives, and a rash.

In wake of the serious adverse reactions, Brazil’s health authority, Anvisa, decided in February of 2017 to cease all imports, distribution, and sales of Essure. Following Anvisa’s announcement, Bayer reported just this month, June 2017, they would be discontinuing Essure sales in Finland and the United Kingdom. According to Bayer, they decided to pull from 2 European countries because of a decline in sales figures, not due to any safety concerns. Bayer continues to mention the safety of their product, claiming clinical trials and scientific experience only serve to support the efficacy of Essure as a contraceptive.

While Brazil takes bold action against Bayer and Finland and the U.K. contribute to a drastic decline in sales, U.S. authorities have not taken further action against Bayer. Representative Michael Fitzpatrick introduced legislation to outlaw Essure sales in 2015, which received bipartisan support. Recently, 2 other bills were introduced to hold manufacturers responsible for harmful medical devices, but no further action has been taken.

If you or someone you love suffered a severe adverse reaction after receiving the Essure implant, our firm wants to help. At Hammers Law Firm, our personal injury lawyers are dedicated to representing victims who seek justice and fair compensation for their suffering. We handle Essure lawsuits, as well as claims concerning other medical devices, such as

Attune Knee System
Defective hip implants
Hernia Mesh
IVC filters
Stryker Hip Replacement
Talcum powder

Contact Hammers Law Firm in Atlanta, Georgia to schedule a confidential free consultation.

In just a few weeks schools will be letting out for the Summer. Traffic will be lighter during your morning commute but with vacation plans and new drivers on the road, the chances of accidents will increase. The period between Memorial Day and Labor Day are referred to as the ‘100 Deadliest Days of Summer’ when the “average number of deadly teen driver crashes climbs 15%.” According to the CDC, teen drivers between the ages of 16-19 are three times more likely than drivers 20 and older to be involved in a deadly crash. Inexperience combined with higher exposure creates a deadly combination for these newer drivers. Add into the mix vacationers hitting the road and the increase of bicyclists and pedestrians all sharing the roads, you get a well-studied recipe for disaster. If you’re a parent with a teen driver, sit down and have a conversation about being responsible behind the wheel. While we can’t always protect ourselves from other drivers, do your part in preventing an automobile accident and check out our tips below for staying safe this summer.

“Do Not Disturb” While Driving

With the developments in technology distracted driving is on the rise. Our attachments to smartphones aren’t just a problem for the younger generation but for adults as well. Utilize advances in technology to enable “Do not Disturb While Driving” settings which limit notifications while driving or keep your phone out of reach. The law Governor Deal signed in to effect at the beginning of the month that imposes fines for those using hand-held devices while operating a motor vehicle will, hopefully, provide an added layer of restraint. A study by AAA found that teens are more distracted and more likely to conduct risky behaviors when they have passengers in the car with them.

Click it or Ticket

In 2016, 48% of passengers who were killed in auto accidents weren’t wearing seatbelts. While 90% of Americans are wearing seatbelts when in a car, there are nearly 27.5 million who don’t buckle up. The NHTSA says that “airbags are designed to work with seat belts, not replace them; in fact, the force of an airbag can seriously injure or even kill you if you’re not buckled up.” Teens have the lowest rates of seatbelt use, reported a CDC study. “In 2015, only 61% of high school students reported they always wear seat belts when riding with someone else.” While you can’t control how other people drive, you are directly responsible for taking the safety precautions available to you as a passenger.

Construction Zone

Summer brings with it an increase in construction work on roadways. In construction zones, speed limits are often decreased which will lead to more congestion and an increased risk of accidents. Give yourself extra time to reach your destination and use extra caution. If the construction area closes off a sidewalk, you’ll need to be extra vigilant of pedestrians entering the roadway. Stay alert and slow down if you can’t avoid the area altogether.

Nighttime Driving

In Georgia, drivers between 16 – 18 years old are restricted from driving between 12 am – 5 am, no exceptions. For all ages, fatal crashes are more likely to occur at night; but the risk is higher for teens. One factor in the increase of nighttime accidents is drinking and driving. When it comes to underage drunk driving, Georgia has a zero-tolerance policy. “Convicted drivers with a blood-alcohol content level of .08 grams or higher will face a 12-month license suspension on the first offense.” Avoid nighttime driving or opt to call a rideshare program. There are too many options in modern society to excuse drunk, impaired, or drowsy driving.

Parents are the Key to Safe Teen Drivers

One in ten high school teens drink and drive; a 54% decrease since 1991. High school students “16 years and older…said they had driven a vehicle one or more times during the past 30 days when they had been drinking alcohol.” Research shows that parental involvement has a significant effect on a lower rate of risky driving, traffic violations, and crashes. Open the lines of communication and be a good role model: never drink and drive.

Stay Safe

Prepare your teens for the responsibility they’ll be taking when they get behind the wheel. Have an honest conversation about the potential dangers and the importance of what they can do to keep themselves safe. If you or someone you know has been injured in an auto accident, don’t hesitate to reach out to one of the specialists available 24/7 at our firm. For a lawyer you can trust, contact Hammers Law Firm for a free case evaluation.

We all know about some of the worst injuries that can happen to a car accident victim. Brain damage, paralysis, even death can result. In light of these, it’s tempting to view a post-accident headache as no big deal. But if you or a loved one has been in a car accident, a headache can mean something serious. Failing to see a doctor may jeopardize your health as well as the compensation you can recover. See your doctor and talk to an experienced Roswell, Georgia automobile accident attorney.

Headaches After a Car Accident are Common

Having a headache after a car accident is not unusual. Unfortunately, it can indicate damage to the head, neck, or spine. Even if the head itself is not impacted, the sudden jolt of an accident can cause a headache to develop. When automobiles collide, the human body may twist or turn suddenly. You may not even realize this has happened since accidents occur in the blink of an eye. Yet this unnatural movement can cause damaging effects. Not to mention a bump on the head, even if it seems slight, may be more harmful than you realize.

Three of the common underlying conditions giving rise to a headache are whiplash, concussion, and traumatic brain injury.

Whiplash results from sudden over-extension of the neck during an accident. Injuries to the spinal cord and vertebrae are not uncommon, with headaches sometimes beginning a week or so later. Other symptoms of whiplash include:

Muscle spasms
Stiffness in the neck
Numb or tingling sensations
Blurred vision
Dizziness
Memory loss

The degree of severity varies from one accident victim to another. Immediate medical attention could help resolve the problem quickly. But failure to address symptoms, like a headache, could cause these and others to last for months or even years. You should see a Roswell, Georgia automobile accident attorney if you have been diagnosed with whiplash after a wreck.

Concussion results from a sudden, direct blow to the brain. It can cause headaches, but these may be delayed for a time after the accident. Besides a headache, a concussion victim may suffer:

Dizziness
Slurred speech
Confusion
Blurred vision
Memory loss
Sensitivity to light
Nausea

Concussions cause swelling of the brain and can cause long-term problems if not treated. Headaches lasting for several weeks may indicate post-concussion syndrome or other complications. As with whiplash symptoms, don’t overlook the need for a professional medical opinion. See your doctor right away.

Traumatic brain injury, or TBI, occurs after direct impact to the brain. The victim may suffer damage that leads to physical and mental problems. Other than headaches, TBI victims may have:

Balance problems
Dizziness
Mood changes
Sleep changes
Blurred vision

Traumatic brain injury, or TBI, is serious enough in some cases to warrant surgery. Accident attorneys in Roswell, Georgia encourage all victims with any type of head injury to see a doctor.

An accident victim may be reluctant to seek medical attention for a headache. The delay in experiencing a headache often suggests it’s a minor issue not worth bothering with. But failure to see a doctor may allow your symptoms to persist or develop into something more serious. Your health is too important to jeopardize.

Your Roswell, Georgia automobile accident attorney also understands the legal risk of not seeking medical attention. If you don’t see a doctor and your symptoms develop later, it will be more difficult to demand compensation. The at-fault driver’s insurance company may deny liability or attribute your symptoms to something else. A delay like this can cost you down the line and leave you responsible for medical expenses.

If You’ve Been Injured, We Can Help

Remember, after any automobile accident – even one that seems minor – let a doctor examine you. Your health depends on it, but so does your ability to collect damages. If another driver is at fault for your accident, that individual should be responsible for your expenses. The Roswell, GA personal injury attorneys of Hammers Law Firm fight to make sure that happens. Contact us today about your accident and see how we can help.

Georgia’s hands-free law restricting cell phone use during driving was enacted in July 2018. The number of citations has certainly jumped since then. But this doesn’t mean the law has had its intended effect. The number of fines suggests that most people are disregarding it, meaning distracted driving remains a problem. When a driver violates the law, he or she can cause serious injury to someone else. Understanding the law can help accident victims in Smyrna, Georgia know how to demand the compensation they need.

Here’s what all drivers need to know about the hands-free law:

Holding a phone while driving is illegal for any non-emergency reason
Texting, emailing, or surfing the web on your phone while driving is illegal
You cannot touch your phone while driving except to receive a phone call
You cannot listen to music through earphones or earbuds while driving
Hands-free calls, including with a headset, are allowed
Voice-only texting is allowed
You may use a cell phone GPS as long as you program the address before you start driving

A Smyrna, Georgia automobile accident attorney can help you understand this change to the traffic laws. One of the principal reasons this law was enacted was to eliminate texting and web surfing while driving. But not everyone understands what the law entails.

For instance, “holding” the phone includes placing it in your lap or on any part of your body. This is not allowed. You may place the phone on the seat next to you, in a cup holder, or on a phone mount. Many vehicles come equipped with Bluetooth devices that allow drivers to use their audio systems to make calls. That is also allowed.

“Touching” the phone is also not allowed except to receive a call. Even then, you cannot hold the phone and your call must be conducted hands-free.

The law generally allows you to use your phone while you are parked. But take note, this is not the same as being stopped at a stop light or stop sign. As long as you are legally parked you can text, surf the web on your phone, and so forth.

There are more provisions of the law, but the point is to cut down on distracted driving. Commercial and school bus drivers face even stricter regulations. When accidents involve these drivers, a different set of rules or laws may come into play.

Smyrna, Georgia car accident attorneys know these rules can be complicated, but they are the law. Drivers who ignore the rules endanger those around them. Whether Georgia’s hands-free law actually prevents traffic fatalities and injuries remains to be seen. It may not matter, for liability purposes, whether the victim can prove the other driver was illegally using a phone. Reckless, negligent, and distracted driving are already illegal, and there is often other proof of those behaviors.

But if a driver is found to have violated Georgia’s hands-free law, it could make the victim’s accident case easier. The most powerful way to do this is through cell phone records. These records may be able to demonstrate that someone was texting immediately before the crash. Obtaining these records will require a subpoena, with which a Smyrna, Georgia automobile accident attorney can assist.

Whether you have proof the other driver used the phone at the time of the accident, you need an attorney. Demanding compensation requires proving the other driver was negligent. You also have to demonstrate your necessary damages, such as medical bills. The sooner you take legal action, the quicker you can recover for your injuries.

Representing Automobile Accident Victims Throughout Georgia

The attorneys of Hammers Law Firm are experienced with all types of automobile accidents. Where possible, we will show to the court that a driver broke the law at the time of an accident. We do what it takes to win the maximum compensation we can for our clients. Give us a call today to discuss your accident.

When you hear terms like DWI and driving under the influence, you probably immediately think of alcohol. But these words and phrases are not limited to alcohol-impaired driving. A vehicle can become a deadly weapon in the hands of someone under the influence of illegal drugs. Certain prescription medications also advise against driving while using them. Illegal and legal drug-impaired driving can cause serious injuries, but an experienced Mableton, Georgia car accident attorney can help.

The risks of driving while impaired are well-known. Drugs of any kind can make it far more difficult to operate a motor vehicle. If weather conditions are poor, or an impaired person is driving at night, the risk is even higher. Impaired drivers tend to drive faster and more recklessly and have slower reaction times. They can easily strike another vehicle or a pedestrian, causing such injuries as:

Traumatic brain injury
Concussion
Broken arms and legs
Lacerations
Internal organ damage
Internal bleeding
Paralysis

These injuries can be permanent and life-changing, and in some cases may even result in death.

Taking drugs and driving is just as bad as consuming too much alcohol and driving. It doesn’t matter whether the drugs are prescription, either. Anyone who gets behind the wheel is responsible for making sure they can operate the vehicle. If you use prescription medication, follow all label warnings concerning driving and the operation of heavy machinery.

Criminal prosecution of impaired drivers can help take these dangerous individuals off the streets. But a conviction will not help the victim get financial compensation for his or her injuries. You need a civil court case to accomplish that. Hiring a skilled Mableton, Georgia automobile accident attorney to help in your case is the first step.

The criminal case will likely generate evidence that may be used against the responsible driver in a separate civil case. That evidence may include:

Police reports
Breathalyzer and field sobriety test results
Witness statements
911 dispatch tapes
Dash cam footage

Your Mableton, Georgia attorney will understand the evidence that is needed to prove your civil case. A lawyer also knows how to introduce this evidence in court and persuade a jury. There are rules of evidence and court rules that must be followed to ensure evidence is admitted.

If someone was driving under the influence and has injured you or a loved one, the recoverable damages could be substantial. They may include:

Medical bills, including hospitalization and physical therapy
Expenses related to seeking medical treatment
Prescription drug medicines
Lost wages due to time missed from work
Lost earning capacity
In cases where the victim died, wrongful death damages

It may be possible to seek damages through the driver’s insurance company, which is a typical place to start. The insurance company may not want to take an impaired driving case to court and may try to settle. However, bear in mind that the insurance company may try to settle a case as quickly and cheaply as possible. This is where you need the assistance of a skilled Mableton, Georgia automobile accident attorney.

Your attorney will understand the nature of your injuries and make sure you get the treatment you need. A lawyer will also aggressively demand fair compensation for your injuries from the insurance company. If necessary, the case may be taken to trial.

After seeking medical attention for your injuries, your next step is to take legal action. The criminal case against the driver is separate, and there is a different standard of liability for a civil case. You don’t have to speak with the insurance company and should retain a lawyer before you do.

If You Were Injured by Someone Driving Under the Influence, Contact an Accident Attorney Today

Drunk and impaired driving are serious crimes, and they can destroy lives. When someone chooses to act irresponsibly behind the wheel, you need dedicated legal representation. The attorney you select will have a substantial effect on how much compensation you receive. Don’t jeopardize your recovery. Call the professionals at Hammers Law Firm today. We represent clients throughout Georgia.

The new school year is right around the corner, and that means school buses will soon be hitting the roads. Every parent wants to make sure their children are safe when they board the bus. But the start of a school year often brings accidents that in many cases are preventable. These are some common safety issues involving school buses, and what can be done in the event of an accident.

Statistically, school buses are safe and accidents are relatively rare. Fatalities are even rarer, owing in large part to the sheer size difference between a school bus and other vehicles. In fact, it is typically a smaller passenger vehicle or pedestrian who is more at risk of serious injury. If you or your child are injured in an accident with a school bus contact an Atlanta car accident lawyer.

What Are Some Common School Bus Accident Causes?

Negligence is usually to blame for automobile and bus accidents, and the same is true for school buses. Negligence can involve many parties: the school bus driver, another motorist, or even the manufacturer of school bus components. Many negligent behaviors could be to blame for an accident. Everything from failure to use a turn signal to texting while driving may be responsible.

In Georgia, some of the most common causes of school bus accidents are:

A bus driver who speeds or violates other traffic laws
A bus driver who drives while distracted or drives under the influence of drugs or alcohol
Failure to minimize distractions while the bus is in motion
Failure to account for adverse weather, traffic, or road conditions
Inadequate training or credentials for school bus drivers
Overloading the school bus
Defective parts that were used to assemble the school bus
Poor maintenance of the school bus

What Steps Can Be Taken To Prevent School Bus Accidents?

Although negligence is to blame for these and other accidents, there are some common sense ways to promote bus safety. Sometimes it’s simply a matter of ensuring that drivers follow all regulations regarding their buses. Since distracting students can interfere with an operator’s ability to drive the bus, reasonable discipline should also be maintained. Parents can do their part in keeping children safe by teaching them the following safety rules:

Always wait for the school bus in a location that’s safely away from traffic
Never cross behind the bus; always at least ten feet in front
Never enter a bus until it’s come to a complete stop
Always enter and exit a bus in an orderly manner
Use the handrail when entering and exiting the bus
Stay seated during the bus ride and don’t distract the driver
Keep the aisle clear of backpacks and other objects during the bus ride

Steps To Take After A School Bus Accident

If your child has been involved in a school bus accident, there are a number of important steps to take. First, have your child receive the necessary medical attention he or she needs, even for injuries that appear minor. You will want to ensure there aren’t any additional, more serious underlying issues that need to be addressed.

Document the child’s injuries and keep medical records. Learn the who, what, when, where, and why of the accident. Obtaining photographs of the accident scene, police reports, and witness statements can be helpful. You should definitely retain medical records concerning your child’s treatment and any diagnoses as well.

Lastly, contact an experienced Georgia automobile and personal injury attorney. School buses are operated by municipalities and other government units. Lawsuits are more complicated when cities, counties, school boards, and states are involved. Your ability to recover damages may be limited, and there may also be statutes of limitations and other deadlines.

The Attorneys at Hammers Law Firm Can Help

Because school bus accidents are generally more complex than those involving private parties, having a lawyer is a must. At Hammers Law Firm, we have the experience necessary to make sure any liable parties are held accountable for your injuries. Give our Georgia injury law firm a call today and let one of our dedicated team members help you get started with your case.

Establishing responsibility in a two-car automobile accident is relatively straightforward. Generally, the dispute centers on which driver is more liable, and the cause is fairly evident. It is more complicated when multiple vehicles and multiple causes are involved. Understanding the reasons these accidents occur can help your Atlanta car accident attorney argue on your behalf and win the compensation you need. In a typical Multiple-vehicle automobile accident, one car collides with another and causes a chain reaction. Often times, a primary accident occurs, after which other vehicles fail to avoid it and cause additional wrecks.

What Causes Multiple-Vehicle Accidents

Common causes of multiple-vehicle accidents include the following:

Speeding and aggressive driving, which are themselves dangerous and increase the likelihood of colliding with a primary accident
Inclement weather, including rain and fog, which make it more difficult for drivers to see other vehicles and accidents
Driver fatigue and driving under the influence, which lessen reaction time and can cause multiple-vehicle accidents
Tailgating, which is one major cause of chain reaction accidents
Road hazards and unsafe roadways
Failure to stop or yield, including failure to yield an extra lane when a primary accident has occurred

What Injuries Can You Get In A Multiple-Car Accident?

Injuries can range from mild to life-threatening and fatal, including:

Bruises
Lacerations
Concussions
Broken bones
Back and neck injuries
Traumatic brain injuries
Coma
Paralysis
Herniated discs and spinal cord injuries
Amputations
Burns
Internal organ injuries

These and other injuries can result in substantial medical expenses, lost wages, lost earning capacity, and more. Having an experienced automobile accident attorney is essential to ensure the at-fault party or parties pay for your damages.

How Is Fault Determined In A Multiple-Car Accident?

Georgia courts use what is called a comparative fault model to apportion liability for multiple-vehicle accidents. Following a trial, the relative fault of all parties involved in the accident is first determined. Any victim who is less than 50% at fault for causing an accident may recover for his or her injuries. But the court will reduce the victim’s damages by whatever percentage of fault is attributed to that person. If you suffer $200,000 of injuries, but were determined to be 10% at fault, your total award is $180,000. Of your $200,000, 10% fault equates to $20,000 less. Your fault determination can therefore substantially affect your amount of compensation. An attorney will argue for as little fault as possible on your behalf in order to maximize your recoverable damages.

After a multiple-vehicle accident, you will almost certainly be contacted by not one but several insurance companies. The claims adjusters may try to convince you they are on your side or that you don’t need an attorney. But they will pressure you into accepting what is often a low dollar settlement amount. These settlement offers typically do not account for long-term complications and expenses resulting from your accident. The adjuster may try to obtain a recorded statement from you, which can later be used to dispute your claims.

Remember, the goal of the insurance companies is to minimize payouts to accident victims. They will work hard to convince you to “admit” fault or attest to things that may not be true. It’s therefore important to retain legal representation as soon after an accident as possible. You can then direct the insurance companies to speak with your attorney.

Let Our Experienced Multiple-vehicle Accident Attorneys Handle Your Case

After a multiple-vehicle accident, your first priority is getting the medical attention you need. Insurance companies want to take advantage of your condition and convince you to settle for less than you deserve. Let the Atlanta injury law firm of Hammers Law Firm handle the legal work involved with your case. Contact us today.

Sepsis is not a very common word, and its meaning is still unfamiliar to many people. Unfortunately, it is a growing problem in nursing homes and carries significant, life-threatening risks. When nursing home staff do not properly care for their residents, the likelihood of developing sepsis increases. If you have a parent or relative living in such a facility, you expect the best level of care. Nursing homes that negligently cause their patients to develop sepsis and other conditions can be held liable. A nursing home injury attorney in Atlanta can help you hold the responsible party liable if this occurs.

What is Sepsis?

Sepsis occurs when the immune system is overwhelmed by infection, causing the body’s response to be extremely weakened. Sepsis can be life-threatening; if left untreated, it may cause septic shock, which often results in death. This is especially dangerous to the elderly in nursing homes who may have preexisting medical conditions or weakened immune systems.

To be diagnosed with sepsis, a patient must first have a confirmed or probable infection. Next, they must have at least two of the following:

Temperature greater than 101 degrees F or below 96.8 degrees F
Heart rate greater than 90 beats per minute
Respiratory rate of 20 breaths per minute

How Does Someone Develop Sepsis?

Some patients already have an increased likelihood of developing sepsis. But the condition can be caused as a result of how a nursing home treats its residents. Neglect or even abuse at the hands of irresponsible staff can leave a person without adequate care, increasing the risk. Some examples of nursing home behavior that can cause a patient to get sepsis include:

Caregivers who use medical equipment improperly. Many neglect standard infection control practices in handling catheters, IVs, feeding tubes, and other devices.
Failure by staff to wash their hands to guard against infection. This allows a resident with a compromised immune system to have indirect contact with someone else with a particular disease.
Not reporting or noticing existing problems. Sometimes caregivers simply overlook the condition of their patients, and treatable problems become aggravated and cause sepsis.

What Steps Can Nursing Homes Take To Avoid Sepsis In Patients?

There are steps that nursing homes can take to decrease the chances of their residents contracting sepsis. For example:

Awareness

In some cases, simply being aware there is a problem can make all the difference. Staff should be trained to notice signs of sepsis, infection, or other abnormalities with their patients. Part of this is to also make sure someone else is not exposed to a patient experiencing health problems.

Observing Standard Health and Sanitation Practices

Caregivers are obligated to take great care when it becomes necessary to use catheters and other medical equipment. Standard sanitation practices include regularly washing hands to prevent infection and wearing sterile gloves. They should also ensure that ulcers, pressure sores, and other conditions are promptly treated to prevent potentially life-threatening situations.

Taking Extra Precaution

The symptoms of sepsis may be unnoticed at first or appear to be relatively mild. Low fever, low blood pressure, confusion, and other signs do not always raise the appropriate red flags. But these conditions can mean something serious for the elderly, so they demand appropriate action.

Because sepsis can set in quickly, the first signs could be missed, causing the patient to deteriorate rapidly. This is why having a properly trained nursing home staff and up to date equipment is vital. If your parents or relative are living in a nursing home facility, ask the caregivers about these things. Make sure they know that you take your family’s health seriously and are aware of the risk of sepsis.

Our Nursing Home Injury Attorneys Can Help

Nursing homes owe a legal duty of reasonable care to their residents. When this duty is breached, nursing homes can be held responsible when patients develop sepsis and other conditions. If a nursing home is held responsible, the facility may be forced to pay damages to the injured party. These can include liability for medical expenses and in cases of wrongful death. Call the dedicated Atlanta injury law firm of Hammers Law Firm today to discuss your case.

A catastrophic injury is the most serious injury a person can suffer. These are also the most painful, debilitating, and costly, but they may not always be detected right away. If you or a loved one have experienced a catastrophic injury, you need serious legal representation. Our catastrophic injuries attorneys will explain the steps you need to take to win the compensation you need.

What Qualifies As A Catastrophic Injury?

Here are some examples of life-altering catastrophic injuries you should be aware of:

Head injuries
Traumatic brain injuries
Skull fractures
Spinal cord or disc injuries
Serious burns
Loss of limbs and amputation
Internal organ damage
Paralysis or nerve damage
Loss of sight or hearing
Other injuries requiring extensive hospitalization

Catastrophic injuries can result in altered or decreased cognitive abilities. They can also change a person’s mood or disposition. Examples of this include severe and anxiety and depression that last long after the accident. These injuries may also seriously impact a person’s enjoyment of life, and can have long-lasting or permanent effects.

How and in what circumstances these catastrophic injuries occur are varied. They may come about in an everyday setting such as a shopping mall or at home. Someone may be seriously injured while on vacation, or even at their place of employment. Most commonly, these injuries result from a major automobile accident.

How Can A Lawyer Help A Catastrophic Injury Claim?

The long-term physical, mental, and emotional consequences of catastrophic injuries can be painful and incalculable. They wreak significant financial havoc and cause the victim to incur substantial medical and other expenses. A victim may experience physical disfigurement and require extensive rehabilitation, even to regain the ability to perform routine daily tasks.

Before your case reaches court, your attorney will spend time gathering evidence and preparing arguments. There are several steps your lawyer will cover. First, your lawyer will ask you to explain the details of your injuries and the accident that caused them. Then, your attorney will interview family and friends for their perspective and statements on how the injuries affected you. This is especially useful if you have experienced changes in your mood or personality as a result of the injuries. Next comes meetings with doctors, rehabilitation specialists, and other health care professionals to get a medical explanation. These and other individuals will serve as expert witnesses who can explain your condition to the jury.

Catastrophic injury cases require other types of expert witnesses as well. These injuries result in costs that can be difficult to calculate. Therefore, it is important to have an economist or financial expert to help present a dollar value of the damages. A vocational expert can explain the loss of income earning capacity and the victim’s diminished skills. Finally, a life-care planner or rehabilitation expert can talk about the necessary costs of future care for a disabled victim.

One way to prepare for court is to help your lawyer gather all medical records pertaining to your injuries. Also, obtain documentation for lost wages and other expenses. Be sure to report changes in your condition to your primary care physician, therapist, or other health care professional. Keep a record of any changes in mood or behavior that develop after a catastrophic injury. This is especially important since many conditions do not manifest themselves until long after an accident.

The Professionals at Hammers Law Firm Are Ready to Help With Your Case

If you or a loved one have experienced any of these injuries, contact an attorney to discuss your legal rights. There may be deadlines to take legal action, so the sooner a case is started the better. At Hammers Law Firm, we are dedicated to achieving the best outcome for your health and financial future. Call our personal injury lawyers today to set up a consultation.

A Georgia Southern University police officer has died after being involved in an off-duty crash.

GS Officer Tristan Michael Clemmons of Statesboro, aged 23, died after being involved in an incident on Highway 67 on Wednesday, September 4th. He was riding his motorcycle and collided with a pickup truck just north of the intersection near Burkhalter Road. He was in the left lane, and the pickup truck was in the right lane. The driver of the pickup truck turned as if to make a U-Turn and entered the left lane.

First responders to the scene say that Clemmons was unconscious when they got there. They called to request Air Evac, however bad weather prevented the flight. Bulloch County EMS took Clemmons to the Savannah hospital, using the I-16 which had just re-opened after hurricane-related contra-flow had stopped.

Clemmons died in hospital on Thursday, September 5th, due to injuries sustained in the crash. Charges against the truck driver are still pending and the GSP Specialist Crash Reconstruction Team are still investigating the circumstances of the crash.

The police force escorted Clemmons’ body to the Joiner-Anderson Funeral Home in Statesboro for the family and other visitors to pay their respects before the funeral. Citizens lined the streets to mourn the respected officer, according to reports by WTOC. Statesboro resident Jeff Mitchell said that the officers put their lives on the line every single day, and that it is important to show how much respect the community has for those who are willing to put the badge on.

Clemmons had been a part of the Georgia Southern force for his whole career, and was respected by his colleagues.

The funeral is set to take place at the Connections Church in Statesboro on Thursday morning, followed by interment at Bulloch Memorial Gardens.

If you or a loved one were injured in an accident, contact our Georgia car accident law firm today.

You trust a nursing home to care for your elderly parent or family member. But when the facility fails to supervise its residents, they can end up lost and without the care they need. Sometimes, residents can end up leaving the nursing facility altogether. These incidents are collectively referred to as “wandering and elopement,” and they can result in serious consequences, even death. This is what everyone with an older relative should know about such cases, including how nursing homes may be liable. A nursing home abuse lawyer in Rosewell can help you hold a nursing home liable if their negligence has led to an injury from wandering or elopement.

What is Wandering and Elopement?

Wandering happens when a resident walks around the nursing home grounds without supervision. This type of behavior is often seen in patients with dementia, Alzheimer’s, or otherwise diminished faculties. It is paramount that facility staff know at all times where residents are, especially those with cognitive impairments. Allowing someone to freely roam can place that person, or others, at risk.

Elopement, on the other hand, refers to instances in which residents wander off of the nursing home property entirely. Patients, therefore, leave the relative safety and security of the nursing home and can end up almost anywhere. Wandering is dangerous enough, but elopement increases the likelihood that injury or even death may occur.

When residents wander freely, they may end up just about anywhere on nursing home grounds. This can include other patients’ rooms. In that event, one person could get into an altercation with and hurt the other. There are also situations in which a patient wander into a kitchen, storage room, or another unsafe area. Without supervision, they could get injured by dangerous equipment that they have no business being near. Other injuries can occur, such as slips and falls. If a patient does not receive scheduled medication because he or she has wandered off, the results could be fatal.

Elopement can aggravate these dangers and introduce new ones. In addition to the risks encountered by wandering, someone who leaves the nursing home will face a myriad of hazards. A resident could walk into traffic and be struck and killed. He or she could end up lost in a heavily wooded area, making it difficult to be found. A patient, exposed to the elements, could suffer dehydration, overheating, or freezing to death. A stranger could attack or kidnap the person as well. These are the risks that a relative tries to avoid by placing the loved one in the nursing home’s care.

How Can Wandering Be Prevented At Nursing Homes?

Nursing homes can, and should, take steps to lessen the likelihood that either of these unacceptable outcomes takes place. These include:

Educating and preparing staff

All employees should be trained in how to monitor and supervise guests, especially those prone to wandering and elopement. Residents can be assessed to determine their likelihood of engaging in such risky behaviors. And protocols can be adopted to locate, and return to safety, residents who wander.

Security

Steps should be taken to secure portions of the facility which should be off-limits to patients. Adequate security should be employed to monitor exits and entrances.

Prevention

Offering exercise or other recreational activities helps avoid restlessness. Encouraging and training staff to interact with residents helps prevent boredom and agitation, which can lead to wandering. Treating patients with respect will keep them engaged with the nursing home and other guests, reducing the likelihood of incidents.

Don’t Let a Nursing Home Fail Your Parent or Loved One

Nursing facilities are entrusted with the lives, health, and safety of those we care most about. Neglect is therefore unacceptable, especially when prevention methods are largely just common sense. If you suspect that a guest is not being properly supervised, bring it to the attention of management. And if someone you love has been hurt because of nursing home neglect, the Roswell personal injury firm of Hammers Law Firm can help.

Being in an automobile accident is among the worst fears we have for ourselves and our loved ones. Even if an accident does not involve injuries, it can be difficult to think clearly. But not taking certain steps can jeopardize your ability to recover, and may even violate the law.

What Steps Should Be Taken After a Car Crash?

These are the things you should do in the immediate aftermath of an accident:

Get Medical Assistance

This is obvious in the event of serious injuries to yourself or your passengers. However, some injuries take a long time to reveal themselves. So even if you think the accident did nothing to you, a doctor can make sure.

File a Police Report

A critical step in establishing liability for your automobile accident is to document what happened with law enforcement. Make sure the police show up and tell them everything you know about the wreck. Obtain a copy of the report as soon as you can.

Notifying law enforcement is required by law if the accident caused injury, death, or property damage over $500.

Be Careful With What You Say

Whatever you say to the other driver could be used against you later, so be careful to not admit anything. Although you need to answer police questions honestly, the less you say, the better.

Exchange Information With the Other Driver

If the automobile accident was not your fault, you can make a claim against the other driver’s insurance company. But this requires exchanging insurance information. You should also swap contact information and other details such as vehicle tags and driver’s license numbers.

Contact your own Insurance Company

Your policy will likely contain a notice provision requiring that you inform your insurance company about the accident. Failure to do so risks denial of your own policy’s uninsured or underinsured coverage.

Take Pictures

If it’s safe to do so, take pictures of the accident scene and of your vehicle. Make sure the pictures are detailed enough that they depict the positions of all vehicles involved, including yours. Also, be sure to capture any other relevant information such as weather conditions or skid marks.

Start making Notes

Write down, in detail, everything you know about the accident – even if you took pictures. Include such information as time of day, location of the automobile accident, and how it occurred. Write down what you can remember happening before the accident, and take notes about the other driver. You never know what information can prove useful later, so always err on the side of more notes.

Talk to Witnesses

Approach any witnesses at the scene and politely ask for their contact information and a statement. You may need their assistance later when it comes to holding the other driver responsible. If a witness declines to get involved, don’t force the issue; move on to the next one.

Obtain any Surveillance Footage You Can

In many areas there are privately owned surveillance cameras, and one may have captured your accident. It may take time to obtain a copy of it, but it could be worth doing so in your case. Footage from government-owned cameras will be harder to come by.

Talk to an Experienced Georgia Automobile Accident Attorney

If your claim is being stonewalled by the insurance company, we can help. Our automobile accident attorneys can also answer any questions or concerns involving your wreck. You should certainly talk to an attorney if the other driver accuses you of causing the accident or isn’t cooperating. Call Hammers Law Firm today to speak with our dedicated team and set up a consultation.

The spinal cord transmits a significant amount of sensory information, and so it is responsible for many bodily functions. An injury can, therefore, have significant effects on a person’s life. If you or a loved one has suffered a spinal cord injury because of someone’s negligence, you need the aggressive representation of an Atlanta spine injury lawyer.

What Does The Spinal Cord Do?

The spinal cord is a system of nerves that relays messages between the brain and various parts of the body. It helps with these and other functions:

Sensory reception and reflexes
Walking
Breathing
Muscle control
Bladder control
Bowel movements
Blood pressure and blood flow

How Are Most Spinal Cord Injuries Caused?

Layers of tissue and membrane protect the spinal cord, but they don’t make it impenetrable. These are some of the common causes of injury:

Automobile and motorcycle accidents
Slips and falls
Construction accidents
Sports injuries
Swimming pool accidents
Botched surgeries and other malpractice

What Are Common Spine Injury Symptoms?

Victims may experience anything from mild discomfort to severe and chronic pain. They can display any of the following symptoms:

Pain, stiffness, or pressure in the neck, back, or head
Loss of movement or paralysis
Numbness in the hands, fingers, feet, or toes
Difficulty walking
Loss of balance
Headache or unconsciousness
Difficulty breathing
Unnatural positioning of the neck or head

Many of these symptoms are not readily apparent. If you believe that someone has suffered a spinal cord injury, do not try to move them. Call 911 and make sure the person receives immediate medical attention.

Some cases of spinal cord injury are mild. However, in the most extreme cases, the victim suffers some type of paralysis, such as paraplegia or quadriplegia. Victims often need rehabilitation, therapy, and assistance from wheelchairs and walkers. They typically find it difficult to adjust back to normal life.

A spinal cord injury may mean the end of the victim’s career. At the very least, the victim will usually find it difficult to work at the same level as before. This can have a devastating financial impact on his or her family.

The victim may need assistance with routine tasks and may suffer from depression, anxiety, and mood and behavioral disorders. The victim’s family suffers too, as they watch their loved one forced to endure permanent life changes.

What Damages Can A Spinal Cord Injury Claim Cover?

After a spinal cord injury, you need aggressive legal representation. Financial compensation can never return someone to the life they had before, but it can make a world of difference. A spinal cord injury lawyer can help the victim with these and other services:

Getting Medical Records and Other Evidence

Your spinal cord injury attorney will gather as much information as possible about your accident. Medical records, photographic and video evidence, and witness statements will help build your case.

Handling Insurance Companies

The main job of an insurance company is to minimize what it pays on claims. The insurer may attempt to deny responsibility or blame you for what happened. They will likely attempt to make a quick settlement which is too low to account for future and ongoing treatment. Let us handle the insurance companies while you recover.

Working with Healthcare Providers and Vocational Experts

We work with doctors and other healthcare providers to understand how much treatment you will need. Vocational experts help determine the impact of your injuries on your ability to work. All of this is necessary to make sure you are fairly compensated for your losses.

If you’ve been injured, we will seek a variety of economic and non-economic damages. These include past, present, and future medical expenses and rehabilitation costs. Some victims need caregivers, equipment, and medical devices to recover. Most experience lost wages and decreased earning ability. We will evaluate your case and fight for the maximum compensation.

Dedicated Personal Injury Attorneys You Can Count on

Spinal cord injury victims are often vulnerable after an accident. This is when insurance companies try to score a low ball settlement. Don’t be victimized a second time. If an offer is not sufficient to cover your losses, our Atlanta personal injury lawyers will take the case to court. Give us a call and let Hammers Law Firm handle your spinal cord injury case today.

Georgia nursing home residents have a right to be free of unnecessary restraints. Using a physical restraint on a resident for purposes other than necessity is a violation of law. Unfortunately, many staff members use physical restraints because of convenience or as punishment. This is degrading to patients and can cause physical, emotional, and psychological harm. Your loved ones deserve better treatment than this. Our nursing home injury attorneys work to hold facilities responsible when they violate the rights of their patients.

What Are Common Restraint Methods Nursing Homes Use?

Nursing home restraints include any apparatus, device, or equipment attached to, or in proximity of, a resident’s body. It not only restricts the individual’s movement, it often prevents the person from accessing or contacting their own body. These are some common examples of restraints used by nursing homes:

Straps
Belts
Bedrails
Vests
Ties
Hand mitts
Lap trays
Specialized chairs
Wheelchair safety bars

Not all restraints, such as leg or arm belts, are obvious. For example, tightly tucked sheets can prevent movement as well. Not all restraints are physical, either. Medications can be used to chemically sedate an individual.

Why Do Nursing Homes Use Restraints?

Restraints can and often do serve legitimate purposes. A bed rail might keep a resident from turning and falling onto the ground, for instance. It is important to determine why a restraint is being used in the first place. If it is to protect the resident, staff, or other patients in the nursing facility, its use is probably justified. But this determination should only be made by a physician, and it’s a decision that requires periodic review. Restraints should only be used sparingly, carefully, and when necessary. And they must be used in a way that promotes the health, safety, and happiness of the resident.

But when staff are using restraints for their own convenience, or to keep bothersome patients at bay, they aren’t justified. Negligent staff who don’t want to be troubled to attend to a patient’s needs are prone to use restraints. They are likely to neglect residents in other ways, too. It is particularly troublesome when medical sedation is used to keep patients in a near-comatose state.

What Issues Can Improper Restraint Use Cause?

Staff should not be using restraints as substitutes for being attentive to their patients. They also should not be used to avoid the responsibility of assisting them with the bathroom. Alternatives to restraints include well-staffed and trained nursing stations, daily activities, and body alarms.

Not being able to move and change positions frequently can have devastating physical consequences on a nursing home resident, including:

Incontinence
Constipation
Bedsores
Loss of muscle mass and muscle weakness
Stiff joints
Poor circulation
More frequent illnesses

Emotional and psychological problems abound as well. More frequently restrained residents have a higher likelihood of developing depression and anxiety. Agitation, social withdrawal, and loss of self dignity are also the consequences of constantly being restrained.

Families of the elderly should do their homework before committing a loved one to a nursing home facility. Once there, they should also visit the patient regularly and keep an eye out for physical, behavioral, and emotional changes. Of course, vigilance alone doesn’t always prevent this sort of abuse. If you are concerned that a loved one is undergoing this treatment, elevate the issue to the facility’s management. And consider contacting Georgia’s Healthcare Facility Regulation, which is responsible for overseeing nursing homes.

Take Action to Protect Your Loved Ones

At Hammers Law Firm, we have experience handling nursing home abuse. Regardless of whether you choose to escalate your concerns to the nursing home or regulators, you need legal action. Our team of Atlanta personal injury lawyers will investigate the abuse and take steps to hold the responsible parties liable. Give us a call today to discuss your case.

Nursing home staff are responsible for handling a great deal of their patients’ needs, including their medication. Making an error in a resident’s medication is among the most serious mistakes a nursing home can make. The results can be fatal or have significant life-changing consequences. If you or a loved one have been injured by this serious issue contact a nursing home abuse lawyer in Atlanta.

What Medication Errors Are Made In Nursing Homes?

By law, nursing home facilities must maintain a medication error rate below 5 percent. Errors can result because a staff member is being inattentive, or simply doesn’t know how to administer the medicine. Occasionally, a staff member makes a mistake like being forgetful or picking up the wrong pills. Medication errors come in many forms, examples of which include:

Administering the wrong medication
Administering the incorrect dose of the correct medication
Cutting medication incorrectly
Failing to mix, roll, or shake the medication
Ignoring or forgetting the prescribing physician’s instructions
Not using the correct kind of fluid or using an incorrect amount
Not providing adequate foods or antacids with medications
Administering expired medication
Administering medication too frequently or not frequently enough
Administering the wrong form or strength of a medication
Mixing up medications
Administering medication a resident is allergic to
Failure to monitor residents after administrating medication
Lab work errors

Many older patients are on numerous medications. Polypharmacy is a term that describes the use of multiple drugs to treat a single condition. When a resident must take several medicines, it becomes easy for a staff member to act negligently. They may forget to administer one of the drugs or administer more than the allowable doses of another.

What Health Issues Can Medication Errors Cause?

Errors should be immediately addressed and corrected. Unfortunately, this does not always happen. Some of the more unscrupulous facilities attempt to hide their mistakes. Staff members may be reluctant to admit their mistakes for fear of being punished. A staff member can seriously aggravate the problem by attempting to “make up” missed dosages or administer stronger dosages. They not only have no authority to do this, but they can jeopardize the life and health of the patient.

The consequences of prescription medication errors are disastrous. Among them are the following:

Falls and other injuries due to visual or cognitive impairment
Negative drug interactions
Complications from missing required medications
Hospitalization
Dehydration or malnutrition side effects
Behavioral changes
Death

Nursing homes can take steps to ensure these sorts of errors and consequences don’t occur. First and foremost, they must ensure they have the correct patient-matched to the medication. Next, they need the correct drug or drugs, and the correct dosages of each. They also need the right form of the drug. Liquid and solid versions of a drug are not necessarily the same, because they have different absorption rates. Finally, the medication must be given at the correct time and with the correct frequency.

How Do Medication Errors Happen

When nursing homes fail to take reasonable steps to safeguard their patients’ health and safety, they are acting negligently. This is often evidenced by poorly staffed or poorly trained nursing homes. Failure to communicate prescription medication information from doctors to staff, and vice versa, also indicates negligence. Another major source of error is the failure to keep proper records. These errors are not excusable, and because of the potential health consequences, they must be firmly addressed.

Aggressive Nursing Home Injury Attorneys You Can Count on

When nursing home facilities act negligently, they put the lives of their patients at risk. No one should have to worry that their loved one may be injured because of poorly run nursing homes. If you or a loved one have been injured because of medication errors in a nursing home, call the Atlanta personal injury lawyers at Hammers Law Firm. We will fight for the compensation your loved one deserves for their injuries.

Most people have heard of whiplash and associate the term with automobile accidents. Although whiplash has a bad reputation through its depiction in our culture, it is a very real injury. If you have been in an accident and are experiencing whiplash, your pain and discomfort could last for years. A Georgia automobile accident attorney could help you get the treatment you need and reimbursement for past expenses.

What Side Effects Are Caused By Whiplash?

Whiplash injury results from forceful movement and stretching of the spine or neck muscles, often from automobile accidents. Although the body is restrained by a seat belt, the head is free to sling forward and back. This whip-like movement causes the cervical spine (neck portion of the spine) to extend beyond its normal range of motion. The resulting injuries can affect the upper or lower cervical spine, or both, and may include:

Damage to ligaments in the neck
Damage to discs in the cervical spine
Painful injury to the upper back and shoulder muscles
Brain damage

What Are Common Whiplash Symptoms?

An accident victim may experience chronic, severe pain as a result. Symptoms of a whiplash injury include the following:

Neck pain, stiffness, and tenderness
Diminished range of neck movement
Swelling and muscle spasms in the neck area
Shoulder, upper back, and arm pain
Jaw pain
Headaches and ringing in the ears
Dizziness
Blurred vision
Numbness of the arms

How Can A Whiplash Injury Occur?

Car accidents are not the only source of these injuries. They can also occur in sports, on roller coasters, or with anything else involving sudden head or neck movement. An accident victim may at first only notice scrapes, bruises, and other obvious injuries. Whiplash is not always immediately detectable, and the injuries may start off as relatively mild. Hours or days later, they may develop into something excruciating, even in the absence of outward signs.

What Treatments For Whiplash Are Available?

Fortunately, it is relatively easy to diagnose whiplash with MRIs, CT scans, and other imaging tests. If you start to have whiplash symptoms, it is important to seek medical attention immediately. Your physician will be able to properly diagnose the problem and recommend treatment. Depending on the severity of the injuries, your treatment could include:

Restoring motion to your neck
Application of ice and heat, and rest
Over-the-counter or prescription pain relief
Muscle relaxants
Neck exercises
Physical therapy
Short term use of a foam neck collar

Who Is Liable For My Whiplash Injury?

The driver who caused the accident will be responsible for your injuries. This requires showing negligence on his or her part. Under the law, drivers owe a duty to other drivers to be reasonably careful while driving. If they breach this duty, by speeding or running a stop sign, they can cause a serious accident. When an accident victim suffers a loss such as physical injuries or medical bills, the driver is held liable.

Most likely, you will be dealing with the driver’s insurance company rather than the driver themself. Insurance companies know that whiplash symptoms frequently do not reveal themselves until well after an accident. It is for this reason that they will often seek a quick resolution of your claim, hoping to reduce their payouts. But a fast settlement may not cover future medical treatments or physical therapy. You might also not get the compensation you need for missed work and other expenses.

We Get the Results You Need for Your Automobile Accident Injuries

Don’t risk going it alone against the insurance companies. Remember, they work for corporate profits, not for your interests. They will try to get you to settle for less than your injuries are worth. Worse, they may even use tactics to try to trick you into “admitting” that you are responsible. You deserve the experienced Atlanta personal injury lawyers of Hammers Law Firm. We will fight to make sure the insurance companies fairly compensate you for your injuries.

Rideshare companies such as Uber and Lyft have revolutionized the way Georgians travel. Instead of taxis or crowded public transportation, you can use an app on your phone to get a ride. These programs offer efficient options at reasonable prices, but what happens when passengers get hurt? Understanding rideshare liability, as well as your legal options, can help you travel in peace. If you find yourself injured as the result of a rideshare accident contact an Atlanta Uber accident attorney.

Injuries A Rideshare Car Accident Can Cause

Companies such as Uber and Lyft rely on everyday residents in your area to provide rides using their vehicles. Users download an app to their phones and use it to find a nearby driver. They can even track how close the driver is using the GPS on their phones. But remember, these drivers are just ordinary people with no special licensing or skills beyond a driver’s license. The potential injuries associated with rideshare programs are therefore the same as with any other passenger car, including:

Neck and spinal cord injuries such as whiplash, muscle strains, disc damage, and paralysis
Brain damage, traumatic brain injuries, concussions, and other head injuries
Back problems
Lacerations
Bone fractures
Organ damage

What Steps Should I Take After An Uber Or Lyft Accident?

Passengers who have been injured should seek immediate medical attention, even for apparently minor pain and discomfort. This is because some injuries may not reveal themselves until later. If you refuse medical attention after an accident, you could jeopardize your ability to collect damages later.

Also, be sure to document the accident with as many parties as you can. This includes law enforcement, the driver’s insurance company, and the rideshare. Get as many details about the accident as you can from other passengers, all drivers involved, and witnesses. You may also want to contact an auto accident attorney.

Who Is Liable For Damages After A Rideshare Accident

Depending on the severity of the crash, you could be faced with substantial medical bills. You hope that your driver is insured, but not everyone follows the law when it comes to automobile insurance. If your driver lacks insurance but wasn’t at fault for the crash, you could claim under the responsible driver’s policy.

Fortunately, another option comes from the rideshare companies themselves. Many of the major ones, including Uber and Lyft, provide their drivers with liability insurance. Rideshare liability insurance may also cover accidents involving at-fault uninsured motorists.

One question that will need to be answered after an accident is how much insurance coverage is available. This typically depends on whether the driver was transporting passengers (or en route to them) or waiting to be called. Another question is whether the accident occurred while the driver was on duty for the rideshare company. If it happened while the driver wasn’t on duty, typically his or her insurance will have to cover the accident.

Even if Uber, Lyft, or whatever program you use provides insurance, that doesn’t necessarily mean recovering damages will be easy. Like any company, rideshares want to limit liability, minimize costs, and maximize profits. In the event of an accident, it’s possible the company will dispute your claims. They could try to argue with the extent of your injuries or pin all responsibility on the driver. Recovering from a rideshare company’s insurance could be just as difficult as with any other automobile accident.

The insurance company may also offer you a rock bottom settlement that doesn’t cover your medical costs. You may have lost time from work or have lost the ability to earn at the same level as before. The insurance company’s offer may not be enough to cover these losses.

CONTACT A GEORGIA RIDESHARE ACCIDENT ATTORNEY TODAY

Any time you’ve been in an accident, thinking clearly can be difficult. Insurance companies know this and want you to settle for as little as they can get away with. This is no less true for Uber and other rideshare companies’ insurance policies. Considering the expenses you may face after an accident, you can’t trust the rideshare to do the right thing. Turn to the car accident attorneys of Hammers Law Firm to fight for the compensation you deserve.

The phrase “dram shop law” gets its name from the dram unit of measurement (which is less than a teaspoon). Alcohol was sold by the dram in shops back in 18th century England. Today, dram shop laws are statutes that allow certain victims injured in alcohol-related car accidents to win recovery. These are for injuries caused by people who have been served too much alcohol at bars or other establishments. Not all dram shop cases actually involve the victims being at these establishments. If you or a loved one have been hurt by someone who was intoxicated, contact a Georgia personal injury attorney.

How Do Dram Shop Laws Help an Injury Claim?

Here is how Georgia’s dram shop law works to help the victim in a liability claim. The consumption of alcohol, rather than the sale of such, must be the actual cause of the injury. Injury includes harm to the person as well as property damage and even death. The law does not hold a party responsible for merely selling or furnishing alcohol. Liability attaches where alcohol is sold, furnished, or served to:

A minor under the age of 21; or
A person of “noticeable intoxication”

It is typically the second scenario where the law comes into play. Usually a person will be clearly drunk and over his or her personal limit for alcohol consumption. The responsible party continues to serve the patron, knowing he or she will soon be driving. In this scenario, the party responsible for selling or serving the alcohol will be responsible for resulting accidents and injuries.

Bar and restaurant owners may claim there was no way they could have known the degree of a person’s intoxication. But this does not excuse their actions. A skilled personal injury lawyer will be able to get evidence to prove the drunkenness of the person in question. This may include bar tabs and receipts to show exactly how much alcohol was served. If the person who caused the accident had a reputation of drinking too much, this could be used as well. Even social media evidence such as pictures and status updates can be used. The key is to show the person was beyond his or her limit and kept being served anyway.

It is also important to note that the intoxicated person will share responsibility for the injuries caused by their actions. But not every person who actually gets into an accident has insurance or assets to cover damages. Dram shop liability gives the victim and his or her family additional ways to seek compensation.

Dram shop laws, as mentioned above, also prevent the sale of alcohol to minors under the age of 21. We all know that minors often use fake identifications to obtain alcohol. But again, it is up to the employees of establishments that sell alcohol to ensure all such IDs are valid. This is not an excuse that will allow the business to escape liability.

Georgia’s dram shop law also applies to persons who host social gatherings where alcohol is served or available. The same rules apply when someone is served alcohol, then leaves and causes injuries (or worse) because of drunk driving. In this situation, the host would be partially liable. The determining factor is whether the host knew the person planned to drive. To prevent liability, the host must take appropriate precautions such as taking the car keys until the person is sober. The host can also arrange for another driver to be in charge. The host is likely not responsible if he or she took reasonable measures such as these to avoid an accident.

Dram shop lawsuits can involve claims against bars, nightclubs, sport arenas, restaurants, liquor stores, convenience stores and commercial vendors. Social host lawsuits involve homeowners, clubs, fraternities, employers, and other functions where alcohol is served on a gratuitous basis.

When Parties Act Irresponsibly, We Will Hold Them Accountable

Bar owners, restaurants, and individuals must exercise good judgment in selling or serving alcoholic beverages. Once an individual displays signs of intoxication, he or she should be prohibited from drinking more alcohol. Identifications must also be verified to avoid minors obtaining alcohol. When someone neglects these duties, people can be hurt and even killed. Rely on the skilled Georgia injury law firm of Hammers Law Firm to hold the responsible parties accountable for their actions.

When it comes to a customer’s safety in restaurants and bars, Georgia law requires premises owners to put safety first. If an injury does occur while a customer is on the property, he or she may be entitled to compensation. A bar or restaurant may have to pay for the physical, emotional, and financial consequences of their negligence. Our personal injury lawyers have experience with premises liability law and how it applies to these businesses.

Common Premises Liability Injury Causes

There are reasonable steps that property owners can and should take to keep their bars and restaurants free of hazards. In order to reduce the likelihood of a premises liability claim, owners should inspect their premises. They should look for and be aware of any dangerous conditions that may harm patrons. As quickly as possible, these conditions should be remedied and the public steered clear of them.

Every restaurant and bar experiences common issues that can potentially affect customer safety. All owners should take these seriously to keep their premises free of dangerous situations. Typical conditions that can cause injury if left unchecked include:

Poor lighting, either inside the bar or restaurant, leading to it, or in the parking lot
Broken or uneven stairs on the premises
Fires, explosions, or other problems associated with open flames and electrical systems
Falling objects
Uneven or damaged walkways
Malfunctioning elevators
Poor maintenance

These are a few of the most prominent problems, but definitely not all of them. Every business has its own issues of which the owners should be aware.

How Is Fault Determined In A Premises Liability Claim?

When a patron is hurt and a premises liability claim is filed, there are four elements which the court examines. The plaintiff will need to prove these to be awarded compensation for his or her injuries. Those elements are as follows:

There must actually have been a dangerous condition present. An example of this could be a slippery floor due to a spilled drink or food.
The property owner must have known, or should have known, about this dangerous condition. This element reflects the duty that the owner has to make regular inspections and fix any dangerous conditions. This duty covers conditions that a reasonable business owner, with due diligence, would have known about. The business can be held liable even if it was not actually aware of the situation.
The property owner did not fix the situation. This means it failed to clean up a slippery floor or repair the dangerous condition. Again, this obligation covers dangerous conditions the owner did not actually know about if it should have known about it.
Finally, the accident victim will have to prove that the hazard caused his or her injury. This injury must have been a direct and foreseeable result of the hazardous condition.

Negligently failing to take care of dangerous situations is a primary cause of liability claims. However, not all problems involve physical conditions on the property. Bars and restaurants have the added factor of alcohol that is part of the vibrant nightlife they wish to foster. Fights among patrons can break out which can cause serious injuries. Bars and restaurants may negligently serve alcohol to minors or noticeably intoxicated individuals. These are some of the most serious risks for a bar or restaurant owner to have to handle. But they do have that obligation. The business cannot claim it was unaware of how much alcohol it was serving or how much someone drank. Bar tab receipts and other evidence can be produced.

If You’ve Been Hurt at a Bar or Restaurant, Let Our Attorneys Help

Everyone wants to have fun at a bar or restaurant, and they expect the premises to be safe. When owners do not address dangerous conditions or serve too much alcohol, people can be hurt. Victims of negligent bar and restaurant owners may be entitled to compensation for their injuries. At Hammers Law Firm, we have experience in all aspects of premises liability law. Let our team of Atlanta premises liability lawyers go to work for you.

SUV rollover accidents tend to cause more serious injuries and fatalities than those involving passenger vehicles. Many of them are avoidable when proper safe driving techniques are used. The risk of injury and death makes it important for motorists to understand why these accidents occur. If you or a loved one have been injured in an SUV rollover, our Atlanta car accident attorneys can help.

What Causes SUV Rollovers?

SUVs are responsible for more fatalities – by some estimates, about 11,000 – than many people realize. Non-fatal accident injuries can still be serious. The unique design of a sport utility vehicle makes it more likely to be involved in a rollover accident. This design creates a higher center of gravity on top of a narrow wheelbase. As a result, SUVs are typically more top-heavy and more unstable than passenger cars.

Because of this design, several driving behaviors are more likely to cause rollovers:

Hitting a curb
Veering to avoid an obstacle
Sharp curves combined with speed
Driving onto a soft shoulder or into a ditch
Poor tire tread and tire blowouts
Wet and icy road conditions
Weight overload on the SUV

These and other conditions and behaviors can cause a driver to skid and overcorrect. This kind of reaction is not as dangerous in a passenger vehicle. But the top-heavy nature of an SUV makes it more likely the vehicle will tip over.

What Injuries Do SUV ROllover Accidents Cause?

When an SUV rolls over, one of several events may occur. The roof may collapse, violently crushing the passengers or forcing them into the ceiling and sides. The seat belts may malfunction, ejecting the passengers from the SUV. If the occupants remain inside the vehicle, they can be seriously injured or killed, especially if the seat belts fail.

Serious injuries resulting from an SUV rollover accident include the following:

Bone fractures
Head injuries
Spinal cord and brain injuries
Paralysis
Internal organ damage
Disfigurement
Loss of limbs

How Can SUV Rollovers Be Avoided?

There are some safety tips you can adopt to make driving your SUV safer. For example:

Reduce Your Speed

All vehicles, especially SUVs, are at an increased risk of rollover when speeding. Speeding makes dangerous swerving more likely, and reduces reaction time to obstacles and curves.

Keep Your Tires Properly Inflated

Overinflated, underinflated, and worn tires limit your ability to control the SUV. This is especially true with worn tires, which are more likely to slide on wet road surfaces.

Avoid Overcorrecting Your Steering

A rollover is much more likely to happen when you swerve and then overcorrect. Remember to steer calmly and don’t jerk the steering wheel from one direction to another.

Maintain a Safe Weight Load

SUVs are already top-heavy. Adding excessive weight, especially on top of the roof, increases the chances the SUV will tip over.

Of course, many SUVs are simply less safe because of design flaws. Automobile manufacturers have a responsibility to adopt reasonably safe design techniques for their vehicles. When manufacturers sell unsafe vehicles, or fail to recall them for known dangers, drivers are put at risk of injury. And in some tragic circumstances, drivers can lose their lives.

IF YOU’VE BEEN INJURED IN AN SUV ROLLOVER ACCIDENT, CALL US TODAY

SUV rollover accident victims will be faced with significant medical expenses, lost time from work, and other losses. These costs can quickly add up and cause financial problems on top of physical ones. Some family members also have to face the unfortunate loss of a loved one after an accident. Safe driving techniques can help. However, in many cases, flaws in the design of an SUV are to blame. If you’ve been injured in an automobile accident, let the dedicated Atlanta personal injury attorneys of Hammers Law Firm help. Call us today for a consultation.

One of our biggest fears is that we or a loved one will be involved in an automobile accident. And one of the most common types of accidents is a rear-end collision. These accidents are usually the fault of whichever driver hit the other car. However, not every case is that straightforward, and the responsible party may try to shift blame. If you’ve been injured in a rear-end accident and are getting resistance from the insurance companies, you need to hire an Atlanta car accident attorney.

Common Rear-End Accident Causes in Atlanta

A rear-end automobile accident can happen at high or low speed. Typically it occurs when a car suddenly stops, or an already stopped vehicle moves before the car in front does. Many factors make it more likely that a rear-end collision will occur, such as:

Distracted Driving

Whether from text messaging or talking on a phone, diverting attention from the road increases the risk of a wreck.

Following too Closely

Drivers are required to allow sufficient room between them and the car ahead. But following too closely, or tailgating another vehicle decreases reaction time for braking and other driving maneuvers.

Speeding

This includes driving too fast for weather conditions. Speeding also reduces reaction time and makes a rear-end collision more likely.

Driving Under the Influence of Drugs or Alcohol

An impaired driver is even less safe when weather conditions or heavy traffic are accident factors.

Swerving and unsafe lane changes

Reckless driving, in general, is unsafe. But swerving and constant lane changes make it more likely a driver will get behind a stopped vehicle.

Poor weather conditions

Drivers tend to have less visibility during rain, fog, and other adverse conditions. They are also more likely to use their brakes and experience slippery roads.

If any of the above are present at the time you are rear-ended, it could determine liability for the accident. These conditions make it more likely that the driver who collides with the car in front is responsible. But it may not settle the issue. That is why any time you are in an automobile accident, the more facts you remember, the better.

Injuries a Rear-End Accident Can Cause

If you are rear-ended, you could experience serious physical injuries as a result. These may include:

Whiplash
Herniated discs
Concussion
Spinal cord injuries
Ankle and knee injuries
Injuries resulting from airbag deployment

Often times, the driver who rear-ended you will ask that you keep the matter between you and him or her. It’s never a good idea to discuss the accident with the at-fault driver or attempt to settle on the spot. After a car accident, call the police and make a report. Seek immediate medical attention for injuries, and call an ambulance if anyone is seriously hurt. You should see a doctor even if you don’t notice injuries right away since some take time to reveal themselves. Gather as many details as you can about what happened, including contact information for any witnesses.

Damages That can be Recovered After a Rear-End Accident

You are likely to hear from an insurance company about your accident. But remember, insurance companies want to limit payouts and settle cases quickly. If you settle, you will never be able to revisit your claim again – even if serious injuries later materialize. That’s why it’s important to speak with an automobile accident attorney about your rear-end collision. You may be able to recover such compensation as:

Medical bills for your injuries
Future medical bills and treatments
Lost wages
Lost earning capacity
Pain and suffering

Call an Experienced Car Wreck Attorney for Rear-End Accidents

Rear-end automobile collisions are all too common and often result in significant injuries for the victims. You need and deserve fair compensation when you’ve been injured due to another driver’s negligence. The Atlanta personal injury attorneys of Hammers Law Firm have extensive experience with all types of automobile accidents. Before you speak with the insurance companies, give us a call.

An Oklahoma judge has ordered Johnson & Johnson to pay $572 million for its role in the state’s opioid crisis. In the first of its kind ruling, Judge Thad Balkman declared that the crisis has “ravaged” the state. The verdict will likely shape the outcomes of the other approximately 2,000 similar cases pending throughout the country. It also offers hope to victims of one of the worst public health crises in history.

Balkman’s ruling concluded that Johnson & Johnson “engaged in false and misleading marketing of both their drugs and opioids generally.” More specifically, the court determined that Johnson & Johnson downplayed the risks and overplayed the benefits of opioids. Under the state’s public nuisance law, he declared, this is enough to hold the company liable. The pharmaceutical giant has promised to appeal the decision.

The state of Oklahoma had sought $17 billion for addiction treatment, drug courts, and other services. The state argued these were needed to treat people experiencing the consequences of opioid addiction. Despite falling far short of that figure, the verdict encourages plaintiffs and dangerous drug lawyers pursuing similar lawsuits elsewhere. Settlements were previously reached between Oklahoma and two other pharmaceutical companies over their opioid drugs.

What Are Side Effects of Opioid Use?

Opioids are highly addictive pain relievers. According to the U.S. Department of Health and Human Services (HHS), over 130 people die each day from overdoses. The HHS declared a public health emergency concerning opioids in 2017. Popular prescription opioids include oxycodone (Oxycontin), hydrocodone (Vicodin), morphine, and methadone.

Relatively minor side effects associated with opioids include dizziness, constipation, nausea, and vomiting. These pale in comparison to the serious and potentially life-threatening complications posed by these drugs, which include:

Addiction

When you become physically dependent on a drug (addicted), withdrawing can be dangerous. About 25% of opioid patients become addicted, according to the CDC.

Overdose

High doses of opioids can affect breathing, which can lead to death.

Respiratory Problems

Slowing down breathing can also cause confusion, extreme sedation, and loss of consciousness.

Heart Problems

Breathing complications can lead to heart trouble as well, including arrhythmia (irregular heartbeat). Higher risk patients include those with diabetes and a history of heart attacks.

The Oklahoma case highlights one of the successful arguments that has been used against the makers of opioid drugs. Plaintiffs in other lawsuits also contend that pharmaceutical companies aggressively pushed opioids into the market. One of the tactics allegedly used was bribing doctors to unnecessarily prescribe the drugs to patients. Lawsuits also argue that drug companies knew of the addictive nature of opioids but failed to warn doctors and patients. Big pharmaceutical giants, more interested in profits, turned a blind eye to the black market their drugs created. They raked in the money while people’s lives were destroyed.

Some legal experts predict that the state of Oklahoma faces an uphill battle in the appeals courts. Judges may be skeptical of the legal theory on which the decision was based. They may also question the extent to which a single company is responsible for the opioid crisis.

Still, the verdict will likely shape future arguments by both states and individual plaintiffs. Our law firm is reviewing the Oklahoma ruling and preparing legal strategies to represent injured opioid patients. If you or a loved one have been harmed by opioids, we strongly encourage you to contact our office. Legal compensation may be available to cover medical bills, lost wages, pain and suffering, and more. Our goal is to hold pharmaceutical companies responsible for the role they played in this epidemic. As the opioid crisis continues, other people’s lives may be saved if drug makers are forced to change their practices.

Contact Us to Discuss Your Legal Options During This Opioid Crisis

Drugmakers owe patients a duty to be responsible with their products, including opioids. But many chose to disregard this duty, and people suffered as a result. Call Hammers Law Firm today. Our personal injury attorneys will review the details of your case and explore possible legal options with you.

Everyone enjoys a relaxing day at the lake, especially if it means riding around in a boat. There are certain safe boat operating guidelines that all operators should adhere to and all passengers should be aware of. These rules are necessary for the safety of all passengers as well as for other boats in the vicinity. Some are also state laws and regulations regarding water safety. Following these will help ensure everyone has fun in the sun, but if you’ve been injured, a boating accident attorney can help.

Precautions to Avoid a Boating Accident

Boating accidents are more likely to occur in spring and summer, weekends, holidays, and events when the lake is crowded. But because they can happen at any time, the boat operator needs to be experienced and follow all the rules. Boat operators and even jet ski drivers have the same responsibilities as automobile drivers. Here are the guidelines for safe boating practices:

All boat operators and passengers should have life preservers on board at all times. They should be inspected on a regular basis, properly maintained, and replaced when necessary.
Air horns, binoculars, flashlights, and other means or devices to communicate to other boaters should be kept on board.
It is important for boaters to follow navigational laws and fixtures, such as buoys and markers. They must always drive at reasonable speeds on the water.
Drunk driving is a criminal offense, not just on the road, but on the water as well. Operating a boat under the influence of drugs or alcohol assures the intoxicated driver will be liable for any accident. It also means the injured person will likely be entitled to punitive damages among other compensation for his injuries.
All boaters must be licensed, and their boats registered and tagged. All identifying markings must be visible at all times. Lighting fixtures must be visible and are definitely a must for boating at nighttime.
All boats need to be seaworthy and inspected on a regular basis to make sure they are safe. A poorly kept sea vessel can cause accidents and hazardous conditions onboard.

What Are Common Boat Accident Causes in Georgia?

Most accidents are caused by inexperienced boaters who are unfamiliar with how to drive and don’t know the boat’s limitations. The operator of the boat is responsible for the safety of all passengers and is therefore responsible for any injuries.

There are many causes of boating accidents, some more common than others. Many accidents are caused by drivers who rent the boat and don’t know the rules and guidelines. This is especially true with jet skis, which also cause water sport accidents. Jet ski drivers are often young and more reckless compared to boat operators.

Alcohol use is a major cause of accidents. Drinking tends to make boaters more relaxed and not entirely on their guard. It also interferes with good judgment. Accidents, therefore, become more likely to happen, and in some cases result in drowning. Similarly, drug use will make it more difficult to properly operate the boat. Accidents involving drug or alcohol use will result in liability for the driver.

Another cause of boating accidents is equipment failure. This may be the result of either a product defect or failure to properly maintain the boat. After this type of accident, it may take an investigation to determine what exactly caused it.

Any sort of reckless behavior due to inexperience, alcohol, or drugs, is unacceptable. Inexperienced drivers are often overly confident and believe they know the rules when they don’t. They also tend to overestimate their ability to safely engage in what is clearly risky behavior. Racing other boats, allowing unruly passengers onboard, and showing off can easily cause an accident.

A serious accident can hurt passengers onboard or on other vessels. This may result in significant medical expenses, personal property damage, pain and suffering, and lost wages.

Contact a Personal Injury Attorney

If you or a loved one suffers an injury from an unexpected boating accident, contact a personal injury attorney in Atlanta. Treat your boating accident the same as you would an automobile accident. Also, be aware that the statute of limitations for such an accident is two years. With the help of an experienced attorney, a thorough investigation will be conducted to determine who is at fault. Your personal injury attorney will fight to make sure the negligent party is held responsible. Contact Hammers Law Firm today for aggressive legal representation you can count on.

Johnson & Johnson recalled 33,000 bottles of baby powder after the FDA found asbestos in one of the bottles. The recall only applies to a single lot of baby powder made by the consumer products giant. However, it comes at a particularly bad time for the company, which is facing thousands of lawsuits over its talcum powder. Anyone who has purchased Johnson’s Baby Powder from lot #22318RB should not use it. They should instead contact the company to ask for a refund. If you have been injured by a Johnson & Johnson product, contact a product liability attorney right away.

The recall is historic. It is the first time Johnson & Johnson has had to recall its baby powder because of worries over asbestos. The FDA said in a statement that it is committed to keeping consumers safe by issuing the recall. The agency also said it will continue testing products made with talc, such as baby powder, to look for asbestos.

By some estimates, the company is facing approximately 15,000 lawsuits over its baby powder product. Lawsuits have alleged that the powder is responsible for numerous cases of cancer. More particularly, they claim that asbestos in the powder caused them to develop mesothelioma.

What Are Symptoms of Mesothelioma?

Mesothelioma is an aggressive cancer often found in the lungs. Among other causes, asbestos is considered to be a leading one. Symptoms can take years to be noticed, and they include:

Chest pains
Shortness of breath
Difficulty breathing
Difficulty swallowing
Abdominal pain and swelling
Painful coughing
Unusual or unexplained weight loss
Fatigue
Nausea

Despite the FDA’s finding and the recall, Johnson & Johnson is sticking by its baby powder products. In a statement, the company said it employs rigorous testing and that its talc products are safely sourced. Johnson & Johnson also pointed out that the amount found was very small. The company is investigating to determine how the asbestos made its way into the baby powder.

The discovery will likely fuel growing speculation that Johnson & Johnson is risking consumer safety. The company has been blamed for other public health ills as well. These include its role in the ongoing opioid crisis and its marketing of defective health products. It is expected that the asbestos recall will encourage other litigants to step forward.

What Damages Can I Pursue for Mesothelioma Caused by Baby Powder?

Lawsuits maintain that the company has known about the risks of its talc products for years but has done nothing. They accuse Johnson & Johnson of knowingly and deceptively marketing and selling an unsafe product. Their product remains for sale, notwithstanding the recall.

If you or a loved one developed mesothelioma after exposure to baby powder, you may have a claim. First, obtain whatever medical treatment you need and be sure to follow your doctor’s orders. You will need records from your doctor later to demonstrate any health problems associated with your use of baby powder. Then, reach out to our experienced legal team. We will investigate your claim and let you know about your legal options. You could be eligible for numerous damages, depending on your injuries. They may include:

Medical bills for treatment of past, present, and future conditions
Related medical costs and expenses
Prescription drug medications
Pain and suffering
Emotional distress
Lost wages due to time missed for treatments or hospitalization
Decreased earning capacity
Wrongful death in the event the victim dies

Contact an Attorney About the Baby Powder Asbestos Recall

Taking on a corporate giant like Johnson & Johnson is no easy task. It requires expert witness testimony, extensive discovery procedures, and familiarity with product defect law. You need the experience, knowledge, and dedication of Hammers Law Firm. We have the resources it takes to fight corporations who ignore public safety. Give our Atlanta personal injury lawyers a call today to discuss your case.

Atlanta is no stranger to busy interstate highways crammed with motorists. Countless drivers travel daily to and from work, drop off and pick up children from school, go shopping, and more. It’s no wonder Atlanta is ranked one of the most congested cities in the country. Most wrecks that occur in these situations are minor, and a large percentage are rear-end accidents. Regardless of the severity of the accident, you should turn to an Atlanta automobile accident attorney.

What are Common Causes of Rear-End Accident in Georgia?

Rear-end crashes happen for a number of different reasons, most of which are preventable. These are a few of the more common ones:

Following too Closely

You should allow at least three seconds between you and another automobile. Few drivers observe this rule and it’s much harder to follow in heavy traffic.

Distractions and not Paying Attention

Whether it’s from loud radios, children misbehaving, or being preoccupied with the day’s events, distractions happen. When a driver is less focused it becomes more likely he or she will rear-end another vehicle.

Suddenly Changing Lanes

Doing this often results in drivers being cut off. This will increase the chances that the cut-off driver will crash into the car that jumped in front of them. The driver who abruptly changes lanes may also rear-end another vehicle.

Decreased Vision

This may be from rain, bright afternoon sun, fog, and other weather conditions. Your vision is less effective at night, too. When your vision is blurred, obstructed, or otherwise decreased, you could get into a wreck.

Poor Road Conditions

Even if you are driving safely, bad road conditions may make it more difficult to brake. Often this is from rain, which may combine with oil on the roads to make them slick. Ice and black ice can also cause problems.

Avoiding Obstacles and Roadway Hazards

The person driving in front of you could hit their brakes to avoid hitting an animal or another hazard. If you are not driving safely, you may slam into the back of them.

What Injuries Can A Rear-End Accident Cause?

Rear-end collisions will cause property damage in minor cases and injuries in more serious ones. A driver who is hit from behind could suffer from numerous medical problems as a result of their injuries, including:

Whiplash
Herniated discs
Neck, spine, and back injuries
Severe headaches
Numbness
Paralysis

Not all drivers who have been rear-ended appreciate the extent of their injuries immediately after a crash. But factors such as speed, the relative sizes of the vehicles, and the headrest position can aggravate injuries. What may start out as a seemingly minor ache or soreness could turn into something much worse. That’s why you need to see your doctor as soon as possible after a rear-end accident.

How is Fault Determined in a Rear-End Accident?

Liability will usually lie with the driver who hit from behind, but this is not always true. A driver who cuts off another vehicle may be to blame. So might a driver who suddenly cuts onto a main road from a side street, forcing others to slow down. Multi-vehicle, or chain reaction, accidents make it especially difficult to determine which drivers are at fault. That’s because drivers caught between cars may or may not themselves be at fault. Responsibility will depend on many factors, and you may need an attorney to help investigate.

Aggressive Accident Attorneys You Can Trust

You may be the victim of a rear-end collision, but you cannot assume that the at-fault driver will accept responsibility. The insurance companies may try to blame you for the accident or otherwise deny coverage. Even if a driver’s insurer agrees to pay, it may not be enough to compensate for your injuries. Don’t trust the insurance companies to look after your best interest. You need the aggressive automobile accident attorneys of Hammers Law Firm. Call us to schedule a consultation.

Nursing homes are responsible for overseeing their residents’ needs, including making sure they are properly eating. But this often does not happen, resulting in malnutrition. Malnutrition is typically an indication of nursing home negligence and can lead to health complications and even death. If you have a loved one in a Georgia nursing home facility, and you suspect malnutrition, contact an experienced nursing home abuse attorney. We hold irresponsible nursing homes accountable for their actions and demand the justice victims deserve.

What Are Common Signs of Malnutrition in Nursing Homes?

The dietary needs of people change as they get older. If those needs are not properly met, someone could become malnourished. Malnutrition is defined by insufficient nutrient or energy intake. Weight loss, including loss of fat and muscle mass, is a common feature. Other signs may include fluid accumulation and decreased functional ability. Still other indications are:

Hollow cheeks
Sunken eyes
Concentration difficulty
Irritability
Fatigue
Weakened immune system

All of these can have severe physical consequences or aggravate already existing conditions. Not getting enough to eat can result in deficiencies of key nutrients like vitamin A, zinc, and iron. These, in turn, may lead to further problems. For example, iron deficiency can make it difficult to regulate body temperature. Not getting enough vitamin A puts the patient at risk of infection.

Weakened muscles may make a nursing home patient more prone to slips and falls. Injuries will heal more slowly as well. But not all signs are readily apparent. Health risks from malnutrition can take time to develop. By the time they are noticed it may be too late.

What Causes Malnutrition in Nursing Homes?

Older individuals are already vulnerable to many health problems. They need stable, healthy diets to ensure they are in their best condition. That is why it is particularly unacceptable for a nursing home facility to allow residents to be malnourished. Some of the reasons that Georgia nursing home residents don’t get the nutrition they require include:

Failure to Properly Assess Residents’ Needs

A responsible nursing home will create a plan to care for patients, which includes attention to their diets. Some residents have special dietary or vitamin needs that need to be taken into consideration.

Overworked and Irresponsible Staff

Even the best care plans are useless if they are not followed. Unfortunately, many nursing home staff members are overworked to the point that they don’t pay attention to their patients’ needs. Others are negligent in their duties.

Not Supervising Residents

Some facilities have to remind patients to eat, and that could require the active supervision of those patients. This is especially true for residents who have difficulty eating on their own and therefore need assistance.

The particular facts of every malnutrition case will indicate whether the condition is the result of negligence. Georgia nursing home staff and healthcare professionals should be properly trained to care for residents. They should also know the signs of malnutrition and what steps can be taken to correct it. Not every case of malnutrition can be avoided. But Georgia law obligates caregivers to take reasonable steps which will prevent these incidents from occurring. When the nursing home fails at its duties, residents suffer.

Residents who are harmed by nursing home neglect may experience significant health complications and medical bills. They may also undergo pain and suffering because of the effects of their malnutrition. In extreme cases, they can die from malnutrition, and their families may have claims for wrongful death.

TURN TO US IF YOU SUSPECT MALNUTRITION IN A GEORGIA NURSING HOME

It is important for you to report incidents of malnutrition to Georgia nursing home staff. Pay attention to any indications that a loved one is being abused, and immediately seek legal counsel. Hammers Law Firm is experienced with nursing home neglect and abuse cases. We fight to make sure negligent nursing homes pay for the injuries they cause. Reach out to our personal injury lawyers in Atlanta today to discuss your case.

Proper road maintenance doesn’t just protect our cars from damage. It is also essential to ensuring safe driving conditions. An often underestimated hazard is posed by potholes. Not only can these hurt your car, but they can also make automobile accidents far more likely. If you’ve been in a wreck caused in part by a pothole, let our Atlanta car accident lawyers know.

What Causes Potholes?

Heat, cold, and heavy traffic patterns can cause potholes, sometimes reaching several inches in width and depth. But even small potholes can be dangerous because of the effects they have on automobiles. The risk is even more pronounced for motorcycles, which are less stable and more prone to accidents. Any driver can lose control of their steering after hitting a pothole. However, a motorcyclist can be thrown from their motorcycle and severely injured or killed.

Potholes are not always obvious, nor is the depth or width readily apparent. This can make it more difficult to gauge how hazardous it is. Potholes can be obscured by rain or other weather conditions, or because it is dark. Poorly maintained roads are likely to develop more potholes along with other unsafe defects.

Numerous conditions can make potholes more dangerous to drivers:

Heavy traffic. When more drivers are concentrated in a stretch of road containing potholes, there is a higher risk of vehicles colliding.
Driving at a higher rate of speed makes it more difficult to see and avoid potholes.
Some drivers almost instinctively swerve to avoid potholes, but this puts them and other drivers at risk.
Driving vehicles in poor condition. If a car has steering or suspension problems, it is more likely to lose control after hitting a pothole.

How is Fault Determined After a Car Accident?

After an automobile accident, it is critical to determine what exactly caused it. A driver can still be at fault, even though the pothole was the immediate cause of the accident. This is true because not all drivers who hit potholes end up in wrecks. The actual cause will need to be established, considering the above factors and more. It is important to let an experienced Georgia automobile accident investigate and determine who is at fault.

Potholes are often attributable to poor road maintenance, making them generally avoidable problems. Local, state and national governments responsible for maintaining roads don’t always pay attention to troubled areas. Sometimes the funds are not there, but in many cases, it’s simply a matter of poor planning. The government has an obligation to keep roads reasonably safe for drivers as well as other users.

When the government negligently carries out its duties to provide safe roads, injured motorists could have a claim. However, suing governmental entities is more complex than suing private defendants. And if the actions of a private defendant are partially to blame, that will need to be taken into consideration. If a car was speeding when it struck a really deep pothole, you could have competing claims. There are also important deadlines and notice requirements that you will need to follow if you sue a governmental unit. Having a lawyer who understands the complicated procedural hurdles to file a lawsuit is essential.

What Should I do After a Car Accident in Atlanta?

If you’ve been hurt, the first thing you need to do is take care of your medical needs. Also, make sure your passengers are taken care of. Begin collecting your medical records and try to put together details of the accident. Making notes and interviewing witnesses who may have seen the wreck (including passengers) is a good first step. File a police report, and try to take pictures or video of the accident scene.

Contact the Car Accident Lawyers at Hammers Law Firm

The more evidence you can gather, the better your case will likely go. But you should also contact an Atlanta personal injury attorney at your earliest convenience. Your lawyer will help collect necessary information from relevant parties and can advise as to your legal rights. Call Hammers Law Firm today and speak with our experienced car accident lawyers about your automobile accident.

A sideswipe accident occurs when the side of one vehicle comes into contact with the side of another. While this type of accident may sound minor, a sideswipe car accident can injure occupants or touch off a deadly chain reaction. These types of wrecks are also challenging because it can be difficult for your Atlanta car accident lawyer to prove fault. Here is what you need to know about sideswipes and what to do if you are the victim of one.

Sideswipes happen when two cars traveling in the same direction, and beside each other, collide. One vehicle scrapes the other, causing scratches and, at first, minor damage. The second driver often steers away, sometimes instinctively, to avoid the car that hit him or her. But the reaction to a sideswipe is often what causes a more serious accident. The second driver may strike another vehicle, pedestrians, or an object. And in some cases, the first driver, after sideswiping the second, overcorrects and causes another accident as well. These subsequent wrecks are typically the more disastrous ones.

Common Sideswipe Accident Causes

There are many causes of these accidents, but some of the more common ones are:

Changing lanes without checking blind spots
Drifting out of one lane and into another
Incorrectly judging a curve or turn
Rapidly changing lanes and failing to use turn signals
Two cars that merge into a center lane at the same time
Swerving to avoid a road hazard
Losing control of the vehicle

How is Fault Proven in a Sideswipe Accident?

The responsible driver is typically distracted or speeding and unable to carefully navigate his or her lane. Regardless of the reason for the sideswipe car accident, it can be challenging to prove the other driver was at fault. The other driver may have been responsible for drifting out of his or her lane or improperly switching lanes. But it’s often the second driver who reacts in a way that causes a more serious crash. The first driver is responsible, but proving it can be a challenging endeavor for a car accident victim.

The issue of responsibility is important because fault will determine whether, and how much, a plaintiff may collect. Georgia has a comparative fault law. This means that in Georgia, an accident victim can recover damages as long as he or she is less than 50% at fault. But even if you can recover, the actual amount will be based on your relative fault. You will recover much less if you are found to be 40% versus 10% at fault, for example.

It is for this reason that insurance companies are notorious for trying to deny payouts in sideswipe accidents. The at-fault driver’s insurer will almost certainly try to blame you for the accident. The insurance company will at least argue for a higher percentage of liability on your part. You can expect a lowball offer that will not come close to covering your actual losses.

How Can a Lawyer Help a Sideswipe Accident Claim?

That’s why you need an aggressive Georgia automobile accident attorney. If you’ve been injured in a sideswipe car accident, you could be facing substantial medical bills. Some common injuries are cuts, broken bones, and back and neck injuries. But in more serious accidents you could suffer a traumatic brain injury, amputation, or worse. If your accident injured or killed a third party, they may attempt to blame you instead of the first driver.

An experienced automobile accident attorney will conduct an independent investigation and examine all facts. Your lawyer will also consider other evidence, such as police reports and witness statements. If evidence in the form of surveillance video or photographs can be obtained, your attorney can use those as well. To the extent possible, gather the evidence you can after a wreck and get it to your lawyer.

Contact a Lawyer for Your Sideswipe Accident

After a sideswipe car accident, you will likely be hurt, stressed, and inundated with offers and calls from insurance companies. Let our experienced Atlanta personal injury lawyers handle the difficult work for you and defend your rights while you heal. Hammers Law Firm is experienced with all types of automobile accidents. Contact us today to get started on your case.

Many personal injury lawsuits that are not settled by the insurance company end up going to court. But this is not the only way to resolve the matter in the accident victim’s favor. Georgia personal injury lawyers may recommend mediation. Mediation is an increasingly popular way to settle injury cases and avoid the cost and stress of going to court. Other civil cases can also be handled this way.

Numerous types of accidents, including motor vehicle and trucking accidents, can be mediated. So can medical malpractice, product defect, and other cases. Mediation is a form of alternative dispute resolution in which a neutral third party listens to both sides’ arguments. The role of the mediator is not to make a decision. Instead, he or she facilitates productive discussion to try to have the plaintiff and defendant reach a mutually beneficial compromise.

Both sides agree to select a particular mediator. Usually the plaintiff and defendant will be allowed to present a case summary and supporting materials prior to the mediation. On the date scheduled, the opposing sides begin by meeting with the mediator in an informal setting, like an office. Typically the mediator will meet privately with the plaintiff and his or her personal injury lawyers to understand the claims and issues. The plaintiff will explain the basis for the dollar amount demanded. Then the mediator will meet with the defendant to understand his or her view of the case. If the defendant has a counteroffer, the mediator will present it to the defendant.

The two sides will have their own separate rooms to confer privately with their respective legal counsel. The parties must agree that the discussions that take place cannot be used against the other in future litigation. This is designed to encourage open discussion to try to resolve the case.

Mediation will continue as the two sides narrow their arguments and propose offers and counteroffers. Many times, minor issues will be resolved relatively quickly. But the entire mediation can often last several hours or an entire day. In some cases one party will be unreasonable or unwilling to compromise, and the mediation will likely not be fruitful.

If the two sides reach an agreement, the mediator will likely draft a memorandum for them to sign. An attorney will later draft more formal settlement papers to submit to the court.

The parties are not required to have legal counsel present, but it’s strongly recommended. Having an attorney in mediation ensures that the negotiations are fair. This is especially true for accident victims who are going against large insurance companies. Experienced accident and personal injury attorneys are familiar with the value of damages that victims deserve. They will negotiate from a position of strength and make it clear they will not settle for unreasonable offers.

They are also familiar with the language and terms that a properly drafted settlement should contain. Not only will personal injury lawyers ensure that your losses will be fairly compensated in the event of an early resolution. They will review any settlement documents with an eye towards comprehensiveness. The objective is to make sure everything is covered. Once a case is settled, you won’t get another chance to negotiate your terms. You need an aggressive and knowledgeable attorney looking out for your interests.

Contact The Personal Injury Lawyers at Hammers Law Firm

Whether you are facing a personal injury, automobile accident, or other civil matter, your attorney should explore all available options. If your case winds up in court, you should expect diligent representation. But you should also expect that other avenues, such as mediation, will be explored. The goal of mediation is to maximize your recovery while minimizing time, stress, and cost. The Georgia personal injury law firm of Hammers Law Firm is experienced in all aspects of the litigation process. Let our team handle your mediation today.

Serious burn injuries can happen when using defective household products. These injuries can cause a lifetime of disfigurement, not to mention serious pain and medical bills. Consumers have a right to expect that the products they and their families use are reasonably safe. When this trust is violated because of product defects, victims may be able to pursue a personal injury claim with an experienced personal injury attorney in Georgia.

A variety of household products can have significant defects capable of causing burns. These may include:

Items with faulty wiring
Poorly manufactured toys, vehicles, or parts
Malfunctioning kitchen appliances
Laptop computer batteries that overheat and catch fire
Chemical burns from household substances
Malfunctioning heating equipment, such as furnaces, space heaters, and boilers
Defective lawn mower gas tanks

When products are discovered to be defective, they should be recalled from the market. But this doesn’t always happen, nor does it prevent injuries from products people have already purchased and failed to return. Unfortunately, it often takes multiple people being injured before companies will react.

Georgia Code Section 51-1-11 encompasses the state’s product liability laws. Manufacturers, distributors, and sellers of defective products can be held strictly liable in Georgia for burn injuries their products cause. The term “strict liability” means that the responsible party need not have been negligent or unreasonable in its conduct. These are the requirements of pursuing a consumer product liability claim:

The manufacturer, distributor, or seller either made the product or placed it into the stream of commerce
The product in question was defective
The product defect caused the victim’s burn injuries

A product defect may be caused by improper design or improper construction. The design of the product itself could be inherently unsafe, and cause burn injuries. Or the design could be safe, but the actual manufacturing of the product makes it dangerous. For example, the product could have been assembled using cheap or faulty parts. Defective products make their way to consumers for numerous reasons, such as:

Failure to install a critical safety component on the product
Not performing adequate safety testing before placing the product on the market
Failure to provide sufficient safety warnings or adequate instructions

Any number of these and other oversights can result in unwitting users of the product being burned. When a consumer suffers a burn injury, he or she may be faced with the following:

Multiple surgeries
Painful skin grafts
Physical therapy
Psychological treatment and therapy

You should not have to worry that a common household product will leave you with life-altering burn injuries. Our law firm will aggressively pursue compensation for a variety of losses you suffer, including:

Past, present, and future medical costs
Lost wages and lost time from work
Pain and suffering
Rehabilitation expenses
In cases of wrongful death, funeral expenses

Georgia product liability laws do carry deadlines, known as statutes of limitation, by which a burn victim must sue. Injured consumers have two years to file a personal injury claim resulting from a defective household products. If the item in question only caused property damage, the victim has four years to file suit. The statute of repose is ten years. This means that in many (but not all) cases, the law imposes a ten-year deadline on all product liability claims. There are other important details of Georgia’s statutes of limitation and statute of repose, and an attorney can explain those.

Contact us Today if You or a Loved One Has Been Burned By Defective Household Products

Burn injuries are serious and require aggressive legal representation to hold the responsible party accountable. The experienced Georgia injury law firm of Hammers Law Firm has worked on behalf of clients who have been injured and burned by defective products. Let us go to work for you. Reach out to us today to get started with your case.

If you have suffered an automobile accident or personal injury, you will likely lose time from work. Many accident and injury victims have to spend time in the hospital after being hurt. Even routine doctor’s visits, follow-up appointments, and the like will cause you to lose money. Proving these lost wages after an accident can be challenging, but an experienced Mableton, Georgia auto accident attorney can help.

Recoverable Damages From an Injury Include

First, understand the different types of wage-related damages you may be able to recover after an accident or injury. The most obvious are lost wages due to time in the hospital, at the doctor, in physical therapy, and otherwise. Another category is loss of future wages. These may be available in catastrophic situations that prevent an accident or injury victim from ever going back to work. The family of a victim who dies may also be able to recover lost wages in a wrongful death lawsuit. Various factors including the deceased victim’s work history and possible future promotions may be taken into account.

Another related category is lost earning capacity. These damages are for victims who are unable to return to their jobs at the same level of performance. Perhaps the victim was a skilled tradesman whose injuries prevent him from doing the same kind of work as before. In many cases, the victim can still work, but not in the same field or profession. When an accident or injury disrupts your ability to earn a living, you can seek damages.

There are various forms of evidence you will need to explore with your attorney in order to justify your claims. These include, but are not limited to, the following:

Medical Records

These not only establish the nature of your injuries, but often contain work restrictions from doctors. Medical records can support your need to take time from work and explain the reasons for your missed days.

Missed days and time from work. Along with your medical records, keep a running list of all days off from work. Also keep track of hours you had to miss to go to a doctor’s appointment. If you are an hourly worker, these appointments can quickly add up to large chunks of lost wages after an accident.

Employer Statement

This is a written statement from your boss, supervisor, human resources manager, or other individual, on company letterhead. It can provide valuable details about your reduced job functions or other adjustments made in light of your injuries. This statement can also detail the amount of money you earn, potential job promotions that may be affected, and more.

Pay and Other Records

These can include pay stubs, bank statements, tax returns, and more. Documents such as these can give a monetary value to your lost time from work. They may also substantiate financial measures you were forced to take because of your lost earnings. For example, a victim might run up credit card expenses to make up for money he or she didn’t earn. Of course, any financial decisions made must clearly be related to your injuries, so discuss these records with your attorney.

Past Pay and Financial Records

Records from before your accident are also useful, especially in lost earning capacity cases. They can show what level of work you were capable of before suffering your injuries.

If your case goes to court, you may need the assistance of experts. These are professionals who can testify about the impact of your injuries on your present and future earnings. A medical expert can explain the physical limitations caused by your accident or injury. This individual can also explain when, if at all, you can return to work or return at the prior level. Other experts can testify as to the economic impact of your lost time from work. For instance, they can review your work and earning history and predict what you may earn in the future.

If You’ve Lost Wages After an Accident, Call an Experienced Mableton Injury Attorney

Calculating damages from accidents and injuries is a difficult topic, and requires consideration of numerous factors. Turn to an experienced auto accident injury lawyer in Mableton at Hammers Law Firm. We understand what it takes to quantify your losses so you get the maximum compensation possible. Schedule your consultation with our office today and let us help get the justice you deserve.

A back-over accident occurs when a vehicle, going in reverse, backs over a pedestrian. These accidents are relatively common but almost always avoidable. When they occur, they result in significant injuries or even death to the victim. If you have been injured in a back-over accident, you may be able to hold the driver legally responsible. You need an experienced Smyrna car accident attorney who will demand the compensation you deserve.

Back-over accidents are most common in parking lots and on residential driveways. Drivers are responsible for taking reasonable precautions when they back out of a parking space or driveway. Although they cannot prevent every accident from occurring, most back-over accidents are due to distraction or inattention. Pausing to check rearview and side-view mirrors, and slowly accelerating the vehicle, would avoid many crashes.

Children are especially at risk of being hurt because they don’t always understand the dangers of vehicles backing up. If someone crosses behind or is present in the vehicle’s blind spot, they may get hit. An accident victim could suffer these and other injuries:

Broken arms, legs, and other bones
Spinal cord, neck, and back injuries
Paralysis
Traumatic brain injuries
Internal organ damage
Lacerations
Bruises

Even at relatively low speeds, like in a parking lot, the results of a back-over accident can be disastrous. In some cases, the injuries occur because a child unexpectedly darts out behind a car. Parents should make sure they teach their kids how to safely walk in the presence of vehicles. Children should learn to never assume that a parked car won’t back out. Teach your kids to use a sidewalk where possible, and to be aware of their surroundings at all times.

These are some quick, easy steps that all drivers can take to lessen the likelihood of backing over a pedestrian:

Use a back-up camera, if your vehicle comes with one equipped. But never rely solely on a back-up camera as it may not capture everything around the vehicle.
Check your mirrors. Use both your rearview and both side-view mirrors to ensure no one is behind or approaching your vehicle.
Visually check outside your car from the driver’s seat. Look out all windows and give yourself as much of a 360 degree view as possible.
If necessary, get out of the car and check. This may be helpful in particularly crowded areas (such as busy parking lots) or in poor weather conditions.
Accelerate slowly and with deliberation. Use your brakes as needed until you’re done backing up.

In almost all cases, the vehicle that was backing up will be responsible for the accident. That’s because checking your mirrors and surroundings before backing up is a fairly basic responsibility of all drivers. But that doesn’t mean you will be automatically compensated for your injuries. You will need to prove your case, which means proving the driver was negligent in his or her actions.

If you’ve been hurt, the responsible driver may need to pay you significant damages. These can include:

Medical bills, including for any hospital stays while you recover
Rehabilitation and physical therapy
Prescription drug costs
Time you’ve lost from work while recovering from your injuries
Decreased earning capacity resulting from your injuries

If a loved one is killed in a back-over accident, you may be able to pursue a wrongful death claim. This type of lawsuit could cover funeral expenses, among other damages.

Contact a Smyrna Back Over Accident Attorney Today

At Hammers Law Firm, we fight for the rights of automobile accident victims. When someone’s negligence results in your injuries, you deserve compensation. Let us review your case and let you know about your legal options. Call our office and schedule your consultation with a Smyrna personal injury attorney today.

Making a left turn is always fraught with risk, especially during heavy traffic and at busy intersections. In most cases, the driver turning left will be responsible in the event of an accident. But there are exceptions to this rule, and cases in which other motorists will be at fault. If you have been involved in a left-turn accident, you may suffer serious injuries. An experienced Roswell car accident attorney can help you collect damages and hold the responsible driver accountable.

Drivers making a left turn typically do not have the right of way. This means they have to yield to oncoming traffic before going through the intersection. As a result, drivers have an obligation to make sure traffic clears before turning left. If they fail to do so, they are likely responsible in the event an accident occurs. Left-turn accidents can occur for many reasons, with some of the most common being:

Distraction (because the driver was using a cell phone or having a conversation with a passenger, for instance)
Not paying attention
Not taking the time to see if pedestrians were approaching (in the event the driver hits someone crossing the street)
Failure to judge how close an oncoming vehicle is
Changing lanes during a turn

However, there are a few circumstances in which another driver will at least be partially at fault. These include:

An oncoming vehicle was speeding, making it far more difficult to judge the safety of turning left
An oncoming vehicle ran a red light
A pedestrian suddenly darted in front of the vehicle turning left, forcing it to stop and causing a crash
In rare cases, the traffic light malfunctioned and the left turner made an unavoidable mistake

Georgia courts can consider cases in which both parties may be at fault, and therefore share liability for the accident. As an example, a driver heading straight who speeds to avoid a red light will be considered partially at fault. If the left turner assumed the other car would stop, and therefore proceeded, he or she may also be liable.

Establishing liability will, therefore, turn on the facts of each individual case. A Georgia automobile accident attorney will be tasked with investigating what happened to put forth an argument in court. Whichever party you were (an oncoming driver, the left turner, or someone else), your lawyer needs to know the details. If it is determined that you were partially at fault, your recovery will be decreased. Your lawyer needs to be able to anticipate arguments that an opposing party in the case may make. So share all the information you have, or can find, with your attorney.

You could be eligible for a variety of damages arising from your car accident injuries. These may include:

Medical and hospital bills, including for future treatments
Prescription drug costs
Physical therapy and rehabilitation
Lost time from work due to medical treatment or hospitalization
Decreased earning ability if the accident has long-lasting effects
Property damage for your vehicle
If the victim dies, the family may have a wrongful death claim

It is important that you take action as soon as you are able to. Not only are there time limits to filing accident claims, but cases are best pursued shortly after the accident occurs. Memories are still fresh and details easier to remember, including for witnesses. It will also be easier to obtain your medical records and related evidence of your damages.

Contact a Roswell Left Turn Accident Attorney Today

Our law firm is experienced with all types of automobile accidents. We understand the evidence that must be presented and the legal standards that must be argued in court. We will aggressively pursue your claim and get you and your family the justice you deserve. Call a Roswell personal injury attorney at Hammers Law Firm today and let us know how we can help.

IVC Filter Latest – Last night, NBC Nightly News aired the second half of a two-part report on a dangerous medical device known as The Recovery, a blood clot filtration device manufactured by 11 companies throughout the U.S. One of these manufacturers, CR Bard, is currently facing numerous lawsuits for failing to warn the public of the high risk the device posed to patients. So far, use of the IVC filtration device has been linked to 27 fatalities and hundreds of complications.

Implanted in 250,000 people each year, the IVC filter is a small wire trap that is surgically placed into the largest vein in the body. When it works correctly, the small metal arms are supposed to trap blood clots before they have a chance to reach the heart or lungs, where they can become fatal. Unfortunately, the product does not always work as intended. The NBC report highlighted the story of one woman who suffered a life-threatening injury when a piece of the filter broke off and pierced her heart. In another case, instead of trapping clots, a clot ended up pushing the device into a woman’s heart, piercing it and causing her death.

The device was submitted for FDA clearance in 2002 but was rejected. Kay Fuller, a veteran regulatory specialist, was hired to help try again. Dr. Fuller raised several concerns about the product but was told that if she continued to pursue those questions, she would be removed from the team. She refused to sign the FDA application until her concerns were addressed.

Her concerns never were addressed, because the FDA application, containing a forgery of her signature, was eventually approved. Fuller resigned from the company, but not before filing a private report of her concerns with the FDA. What they did with that information is a mystery, as they never fully addressed her allegations. CR Bard denies having any responsibility for the forged document, calling the accusations “flatly untrue.” The FDA has declined to comment on the matter.

More than 34,000 filters were sold until 2005, and the product was never officially recalled. As of 2006, it is estimated that approximately 20,000 people have been implanted with the device, and experts believe that the longer the devices stay implanted, the greater the risk it poses.

If you have a filter implant, check with your doctor immediately to see who the manufacturer is and discuss whether it should be removed.

You or a loved one may be entitled to financial compensation if you have suffered injury from the dangerous IVC filter device. The Atlanta personal injury lawyers at Hammers Law Firm are available to review your case during a FREE consultation –call us today at (678) 846-6900.

This week, the Georgia State Patrol has announced that it will increase its focus on aggressive and distracted drivers of passenger and commercial vehicles. This crackdown is in response to a 60 percent increase in single vehicle accidents in Georgia over the past year. Many of these accidents are due to distracted driving. According to Harris Blackwood, director of the Governor’s Office of Highway Safety, it has been “a terrible year” for accidents in Georgia. The state is 15 percent ahead of the car accident rate from the same time last year.

As part of their “Stop the Threat” program, state troopers will be vigilantly targeting drivers who are tailgating, speeding, using their phones, or who are impaired by drugs or alcohol. It is estimated by the head of the Georgia Department of Public Safety that distracted driving is responsible for a 14 percent of all fatal accidents in 2016.

When drivers choose to split their attention between driving and another task, their risk of being involved in an accident rises dramatically. With an increasing number of vehicles crashing into trees, bridges, and rivers, the Georgia State Patrol is now multiplying its efforts to hold distracted drivers accountable for their carelessness and keep everyone on the road safer. Until the end of the year, the “Stop the Threat” campaign will place troopers in high crash corridors and rural routes throughout Georgia.

Hammers Law Firm: ATLANTA CAR ACCIDENT ATTORNEYS

Distracted driving has become something of an epidemic across the country. Cell phone usage, including making calls, reading and writing text messages, and checking apps and other social media, is an especially problematic source of distracted driving accidents. While many vehicles now have hands-free, voice-activated systems designed to keep a driver’s hands on the wheel, recent studies have proven that these, too, present an enormous potential for distraction.

Distracted driving injures and kills thousands of people every year. Accident victims hurt by a distracted driver are encouraged to contact an Atlanta car accident attorney at Hammers Law Firm to request a free case evaluation. You may be entitled to compensation for physical, emotional, and financial losses related to your accident.

Let us help you obtain the justice you deserve – contact Hammers Law Firm today!

How you install your child’s car seat and buckle them in could mean the difference between life and death in a serious crash. According to a new study, as much as 95% of parents install their newborn child’s car seats incorrectly, and almost 75% face their seats in the wrong direction. This new research involved nearly 300 parents and scrutinized major car seat mistakes, pinning it against fatal crash data to discover the true importance of car seats.

Benjamin Hoffman, a medical director at Tom Sargent Children’s Safety Center at OHSU Doernbecher Children’s Hospital, and a professor of pediatrics, authored the study. Hoffman’s survey used trained child passenger safety technicians to analyze the safety of each car seat and analyzed any mistakes the parents made. The study found that 95% of families made at least 1 mistake, and 89% of those mistakes were likely to increase risk of injury in a crash, according to recommendations by the National Highway Traffic Safety Administration (NHTSA).

Data from the NHTSA revealed that, over the course of 4 years, 20% of the children involved in fatal car crashes were improperly restrained, or were not bucked up at all. This data includes a total of 18,116 children under the age of 15, and includes both surviving passengers and deceased. Of the children who died in crashes, a staggering 43% were improperly buckled, or not buckled at all. Additionally, 13% of the children who did not survive were seated in the front seat of the vehicle.

Improper car seat installation can mean a number of things. If a rear-facing seat is at an incorrect angle of decline, it could cause the baby’s head to flop forward in a crash. More than 30% of parents in Hoffman’s study had the harness retainer clipped too low, and more than half had the harness too lose. As a rule, the seat should not wiggle from side to side more than 1 inch, and the seatbelt retractor should always be locked. The way you buckle your child into a car seat is equally as important, as improper restraint could lead to unnecessary injury. For example, if the chest buckle is too low it could cause the baby to slump, and has been known to result in strangulation.

In order to keep your child safe, we encourage you to practice proper car seat safety, following NHTSA guidelines and those of your car seat manufacturer. Newborns should always be installed in rear-facing car seats, and should continue to face that direction until their weight reaches the manufacturer’s suggested limit, usually around 2 years old. Toddlers should use forward-facing car seats until age 7, or until they reach the weight capacity. At this age, kids should use booster seats until they are large enough to fit your car’s seat belt properly. Children should never sit in the front seat of a car.

Should you ever find yourself in need of legal guidance following a car accident where your child was injured in his or her car seat, Hammers Law Firm can help. Our personal injury attorneys are familiar with the laws about child safety and product liability, and we can help you understand your rights. If your child’s car seat was faulty or poorly designed, you may have a right to seek compensation for any injuries or damages.

If you or your child are injured in a car accident, contact Hammers Law Firm for legal help.

Partner Robert Hammers will speak at the upcoming GTLA Convention. The Georgia Trial Lawyers Association (GTLA) is one of the state’s leading organizations that brings together legal professionals for the benefit of everyday people. By promoting networking between law firms, continued legal education (CLE) course completion, and general good practices for attorneys and paralegals, the GTLA hopes to make it simple for the people of Georgia to find and retain trustworthy lawyers when they need them the most.

Each year, the GTLA holds its Annual Convention that features top attorneys throughout the state, with usual attendance at around 500. This year, on April 28^th, Atlanta Personal Injury Attorney Robert M. Hammers, Jr. of Hammers Law Firm was able to headline the convention with his seminar “Anchoring Damages”. In order to attend the Annual Convention and hear Attorney Hammers dissertation, attendees had to preregister.

As explained by Mr. Hammers, anchoring is the legal technique of using verbal communication to speak to the conscious mind of the listener while also reaching and establishing viewpoints with the unconscious mind of the listener. It is a difficult behavior to master but often proves irreplaceable when a lawyer needs to overcome jury bias, influence the court, or gain more information out of a witness or testifier.

Keynotes about “anchoring” and “establishing damages” that Mr. Hammers mentioned included:

How to establish an anchor in an argument
Collapsing the anchor of rival counsel
Varying voice tones to empower anchors
Using anchors when most effective

From all of us here at Hammers Law Firm, we would like to thank the GTLA and all who were able to attend the seminar for allowing Rob this opportunity. With an impressive career behind him and a hopeful future ahead, we hope that he will be able to once again present at a future convention.

For more information, including an interactive slide of “Anchoring Damages” as presented by Rob Hammers, you can click here to visitPrezi’s website. Additional information about the GTLA can be found by clicking here. Lastly, if you would like to retain an Atlanta personal injury lawyer for a case of your own, we encourage you to contact our law firm at any time to request a free consultation.

A Pennsylvania state court ruled on November 9 that pharmaceutical giant Johnson & Johnson must pay a $1.75 million fine after finding that the company did not adequately warn of the risk of gynecomastia associated with the drug Risperdal. Although the company did disclose that the risk was present, it was only reported to affect fewer than one in every 1,000 patients. So far, the problem has affected a much larger group of people than expected.

The case was brought by the family of Nicholas Murray, an autistic Maryland boy whose breast growth was linked to the use of the drug.

The lawsuit alleged that Johnson & Johnson knew about and failed to properly communicate to doctors and patients that use of the drug, which is prescribed to treat schizophrenia, autism, and certain issues caused by bipolar disorder, was linked to breast growth in boys and young men. Johnson & Johnson has gone to trial four times in the past year to face these same allegations. The first claim yielded a $2.5 million verdict.

A lawyer for Johnson & Johnson claims that the company has acted responsibly and that it spent years studying and testing the drug, but there are currently thousands of pending Risperdal cases being adjudicated in mass torts across the country claiming otherwise.

TELL US ABOUT YOUR CASE

If you know someone who has developed gynecomastia as a result of taking Risperdal, you may be entitled to compensation from Johnson & Johnson. We urge you to get in touch with an Atlanta personal injury attorney at Hammers Law Firm as soon as possible. We have decades of experience advocating for victims of dangerous drugs and have helped many people obtain financial compensation.

To learn more about how we may be able to help you too, please click here to fill out an online consultation request, or simply call us at (770) 884-4626.

On December 4, 2015, the Food and Drug Administration (FDA) issued a safety warning for the popularly prescribed diabetes drug Invokana®. The drug has been linked to a large number of serious and potentially fatal side effects, including ketoacidosis, a condition which results in a toxic buildup of acid in the blood when the body loses the ability to regulate blood sugar. Symptoms of ketoacidosis include excessive thirst, nausea, frequent urination, confusion, abdominal pain, weakness, and fruity or acetone-scented breath. Ketoacidosis is a serious medical condition that can be deadly.

In addition to ketoacidosis, Invokana is also linked to the following side effects:

Decreased bone mineral density (leading to increased fracture risk)
Kidney failure
Pancreatitis
Cardiovascular failure
Low blood sugar
Yeast infections
Abnormally low blood pressure
Urinary tract infections

Lawsuits against the maker of Invokana, Janssen Pharmaceuticals (a subsidiary of Johnson & Johnson), are currently pending across the country alleging that the company withheld and misrepresented information pertaining to the drug’s potential risks from the FDA. The FDA has revised labels of SGLT2 inhibitors for the treatment of diabetes to include warnings about the risk of ketoacidosis and serious urinary tract infections that may damage or cause the kidneys to fail. In addition, manufacturers of SGLT2 drugs will be required to conduct a postmarketing study to collect further information on the product’s risks and benefits.

For many people, the risks of Invokana may far outweigh the benefits – and now the FDA agrees. If you or a loved one has suffered serious complications while taking Invokana, you have legal options. An Atlanta dangerous drug attorney at Hammers Law Firm can help you determine whether you have recourse during a free consultation. You may be entitled to compensation for losses related to use of the drug, including costs of medical care, pain and suffering, lost wages, and more.

To get started with an experienced legal team you can trust, fill out an online contact form.

Since its release into the market for the treatment of diabetes, Invokana has been linked to a number of frightening health risks. The drug was created by Janssen Pharmaceuticals, a subsidiary of Johnson & Johnson, to maintain blood sugar levels for those with Type II diabetes. However, numerous lawsuits have since been filed against the creators of Invokana because of the dangerous side effects, leading to kidney failure, leg amputations, and even death.

PREVIOUS HEALTH RISKS

In 2015 the FDA issued a warning, linking Ivvokana to serious side effects, including ketoacidosis. Highly dangerous, and even deadly, ketoacidosis is the result of buildup of acid in the blood, caused by the body’s inability to regulate blood sugar. The FDA also warned that the drug could cause serious urinary tract infections, kidney damage and failure, pancreatitis, cardiovascular failure, low blood sugar, yeast infections, and decreased bone mineral density, which can lead to fractures. After the announcement, numerous lawsuits were filed across the U.S., including 73 cases of ketoacidosis and 19 cases of severe blood and kidney infections.

MEDICAL STUDIES FOR AMPUTATION THREATS

Shortly thereafter, the European Medicines Agency started an investigation into Invokana, finding an increased risk of limb amputation. The FDA then mirrored the European examination with one of their own. The study that yielded this new information involved two clinical trials, both of which concluded that leg and food amputations were twice as likely to occur in patients treated with Invokana. The most common amputations were of the toe and middle of the foot, though some amputations of the leg, below and above the knee, were also reported. A few patients had to have both legs amputated.

On May 16, 2017, the FDA made their official announcement warning that Invokana causes an increased risk of leg and foot amputations. The boxed warning, the FDA declares, will soon be revised, to add this new warning to the growing list of negative side effects. If patients have a history of prior amputation, peripheral vascular disease, neuropathy, and diabetic foot ulcers, they are at a higher risk for health problems that could lead to amputations.

These new hazards have led the FDA to issue a “black box” warning, (their highest precaution), to encourage physicians and patients to watch for any serious side effects. The terrible irony of the situation is that Invokana is now causing the problems it was created to prevent, such as drastically low or high blood sugar levels.

Patients taking the drug should be on the lookout for the following symptoms in the legs and feet, as they may be the initial signs leading to amputation:

Pain or tenderness
Sores
Ulcers
Infections

If you experience any negative side effects while taking Invokana, contact your doctor immediately or visit your nearest medical facility for treatment.

GET LEGAL HELP

Our legal team at Hammers Law Firm is currently accepting cases for those harmed by the dangerous drug, Invokana. We are investigating the fault of this drug and compiling legal evidence to better protect the victims harmed by this hazardous medication. Our firm’s ample resources and legal skills regarding personal injury cases better equip us to represent the injured to fight for their rights.

To read the warning released by the Food and Drug Administration (FDA), click here.

To get started building your personal injury case today, and contact Hammers Law Firm in Atlanta, Georgia to schedule a confidential free consultation.

IVC filters, or Inferior Vena Cava (IVC) filters, were made to prevent blood clots from releasing into the veins and entering the lungs. Since 2005, however, the United States Food & Drug Administration has been receiving complaints that the devices had been designed ineffectively and caused injury or worsened medical conditions. Injured individuals from across the entire nation have come forth with lawsuits against companies such as Cook Medical and Bard.

PLAINTIFFS BRING FORTH THEIR ALLEGATIONS

IVC filters were created to save people from deadly effects of a pulmonary embolism—blood clots—from entering the lungs. Yet, there are over 900 and counting reported reactions and ill effects from using the device. On top of that, there are reportedly a number of patients who could not have the device removed because it had been embedded into their bodies.

Some of the complaints the plaintiffs have alleged include:

Filter failure
Inability to remove filter after discovering complications
Components of the device had become detached, causing injury
The filter had entered into or traveled to other parts of the body
The filter had shifted to an unusual position

Here are some interesting statistics to think about. One study presented in JAMA Internal Medicine in 2013 found that only less than 10% of the IVC filters were able to be removed. Also, the study found that only 8% of the patients who had the IVC filters still had a pulmonary embolism.

Complaints had been stemming as far back as 2005, yet it was only until 2010 that the FDA had officially recognized and issued a warning about the potential risks of the IVC filters. In the recent litigation, plaintiffs have brought forth this issue specifically in their allegations, stating that Bard and many other companies were well aware of the potential risks for several years, but did nothing to precaution medical practitioners and patients.

MULTIDISTRICT LITIGATION ENSUES

Currently, the U.S. Judicial Panel is looking over the lawsuits that have been filed and determining whether or not the cases can be integrated into a multidistrict litigation (MDL). Hammers Law Firm has taken on legal representation for several of the plaintiffs who are taking action against Cook and Bard.

Multidistrict litigation is highly beneficial to a case of this magnitude, as it can lessen the amount of time it takes to litigate the cases individually. Cases will not be heard before different judges but will be united and heard as one. This is highly convenient for all involved in the litigation process, especially for plaintiffs and their witnesses, not to mention the court system.

Contact our Atlanta personal injury lawyers for more information about the IVC MDL lawsuits. You can also schedule a free case review if you believe you have been injured by a medical device.

Our personal injury attorneys will be representing a woman named Camella Jackson in a negligence suit after her infant son’s skull was fractured in an Atlanta daycare. Georgia daycares get millions of dollars from the government to care for the state’s vulnerable children. However, 11Alive’s investigative team found that some Atlanta daycares have been cited hundreds of times over the past three years for many violations putting Georgia children at risk.

Ms. Jackson chose a daycare carefully for her son, Hunter, in December 2016. Safety was her top priority, and she visited the daycare, Sunshine House, twice before deciding to register Hunter. Ms. Jackson wanted a safe place where her son would be taken care of while she went to work. Three months later, she found Hunter at the daycare with a golf-ball sized lump on his head when she picked him up after work.

Not only did the workers at the daycare allegedly not realize the knot was there, but they also didn’t know how it happened. Ms. Jackson found out about the lump herself, as none of the staff had bothered to call. She immediately took Hunter to the hospital, where the doctors told her he had a fractured skull.

Hunter was almost a year old when the incident occurred. He is now healing and wearing a foam helmet to protect his skull as it recovers.

The incident is being investigated by the Georgia Department of Early Learning, and the Sunshine House has declined any interviews, only remarking by e-mail that the health and welfare of the children under their care are the highest priority. The Villa Rica daycare, however, has been cited at least seventeen times in the past four years for violations ranging from lacking fingerprint record checks for employees to fencing issues that could be hazardous to children. During those four years, it also collected $221,000 from a federally funded state program from Child Care and Parent Services.

Sunshine House is closing on May 26, 2017, claiming low attendance, rather than claims of negligence, are what caused the necessity. 11Alive will be reporting on the case tonight, and it is featured on their website here.

For more information about the case, or to begin a personal injury case of your own, talk to one of our experienced Atlanta personal injury attorneys. Hammers Law Firm has more than 40 years of combined experience representing the victims of negligence and carelessness throughout Georgia. We understand the challenges you face. Talk to us about your case in a free case consultation. Contact us at (770) 884-4626 or fill out our online form today.

ATLANTA– The Georgia Trial Lawyers Association will be hosting its annual Paralegal and Legal Assistant Workshop on Wednesday, August 16th. Not only will this workshop cover a wide variety of topics, but there will also be several engaging speakers present including our very own Rob Hammers. The information and resources offered at this workshop will surely strengthen skills for attendees and their respective legal practices.

The workshop will be held at the State Bar of Georgia Conference Center on Wednesday, August 16th. A welcome and introduction will begin promptly at 9:00 a.m. and will cover several valuable topics including effective client communication, efficient trial preparation and organizing medical evidence. Lunch will be sponsored by Forge Consulting and the workshop will wrap up with a Q&A session at 4:30 p.m.

Several high-profile legal representatives will be present at the event, such as program chair Arman Deganian of Litner Deganian P.C. Other speakers include Steve Litner, also from Litner and Deganian P.C., Jim Roth of The Roth Firm, and Andy Golder of Law Offices of Andrew E. Goldner, LLC.

The GTLA Paralegal and Legal Assistant workshop will conclude at 5:00 p.m. followed by a Happy Hour sponsored by Cherokee Funding. Happy Hour will take place across the street at Thrive Restaurant. To learn more about this event or to register, visit https://www.gtla.org/index.cfm?pg=events&evAction=showDetail&eid=45280.

THE DANGERS OF USING A CELL PHONE WHILE DRIVING

We’ve all heard it before – “Don’t text and drive”, but do we really listen to our loved ones, teachers, or peers? Responses tend to vary from, “I can text and drive”, “I’m still paying attention to the road”, or “it won’t happen to me”. These are all thoughts many of us have – until it’s too late. Of all society’s dangers, one threat is significantly rising with the prevailing usage of smartphones: distracted driving. According to the National Highway Traffic Safety Administration (NHTSA), one in every five car accidents that results in injury is caused by distracted driving. Distracted driving is more than texting while driving. Talking on a cell phone, eating or drinking, looking for directions, putting on makeup, surfing the Internet, reading directions , or talking to other passengers falls into distracted driving. While driving distracted may not seem like a severe endangerment to public safety, it’s necessary for us to understand the gravity of its impact.

The CDC has separated distracted driving into three categories: visual, manual and cognitive. Visual distractions draw a driver’s attention away from the road. Manual distractions are those that cause a driver to remove their hands from the steering wheel. Lastly, cognitive distractions take a driver’s mind off driving and the surrounding vehicles.

WHAT DOES SENDING A 5-SECOND TEXT LOOK LIKE WHILE DRIVING?

How can distracted driving evolve into a large-scale threat for both distracted drivers and innocent individuals? Let’s take into consideration how much distance is being covered on the road per second. Writing and sending a text message takes an average of five seconds. When driving at 55 miles per hour, five seconds is enough time to cover an entire football field. Close your eyes and count to five. Seems like a long time not to be looking at the road, right?

It is safe to assume that no one would voluntarily drive in such conditions; however, there are an extraordinary number of distracted driving incidents occurring daily in crowded, high velocity vehicular scenarios. Distracted driving related incidents are also highly likely to occur in parking lots, causing pedestrian accidents.

Unfortunately, the lack of attention while driving often causes injury-related, and even fatal accidents. According to a Vehicle Safety article released by Nationwide Insurance, 74% of survey participants admitted to texting-related activities while driving. Furthermore, one in every four car accidents that occur every day are due to driver distractions. Nine to fifteen fatal car accidents take place daily due to distracted driving, along with an additional 1,150 injury-related accidents.

TEENS TEXTING AND DRIVING

Over half of our nation’s young drivers have either admitted to using their cell phone to text while driving or have been in the car with someone who has. Kids are now given cell phones at a young age, allowing them to grow up with their phones on them at all times. Teens also feel that they must respond to a notification within five minutes. This is something often joked about via Facebook or any other social media platform, but should actually be taken seriously. Ask your son or daughter, niece or nephew, grandchildren, etc., and they’ll know exactly what you mean. This creates a detrimental issue for teen drivers.

How can we fix this problem? Stay educated. Teach the younger generation the dangers of distracted driving and practice what you preach. Technology can also help by way of free apps that will disable messaging features when it detects you are driving over 10 miles per hour.

DISTRACTED DRIVING BANNED IN GEORGIA

Our nation’s legislatures are helping to squash the epidemic of distracted driving. Texting and driving is banned in 45 states. Cell phone usage as a whole is banned in 38 states for drivers aged 18-21. In Georgia, distracted driving is prohibited for all drivers statewide. This includes texting while stopped at a red light. While states such as Alaska charge up to a $10,000 fine for distracted driving, Georgia charges a fine of $150 for the same offense.

Distracted driving is preventable. Almost all new cars come with a Bluetooth or hands-free setting to minimize physical cell phone usage on the road. Even if your car has these smart features, always pull over to make a call, send a message or take care of anything else that may interfere with your driving capabilities.

Thousands of car accidents happen each day due to driver negligence and almost half a million people in the US are injured or killed in a vehicular accident linked to texting and driving. If you or a loved one has suffered an accident or injury due to distracted driving, contact one of our attorneys at Hammers Law Firm today. As always, please keep your safety and the safety of those around you a priority.

On September 18, 2017, pharmaceutical giant Bayer AG announced they are terminating the sale of their permanent birth control device Essure in all markets outside of the U.S. The decision comes after years of global controversy and lawsuits directed towards the device as thousands of women and their doctors have accused the contraceptive of causing severe negative side effects, even death. Prior to Monday’s announcement, Essure was previously banned in multiple countries including Brazil last February and Canada in May due to the possibility of adverse health risks. This Summer, the E.U. also recalled the product. While Essure is still sold in the United States, some health experts believe Bayer’s recent decision foreshadows the end of the product’s usage and availability nationwide.

Essure was first introduced in 2002 by Conceptus Inc., a branch of Bayer AG. The contraceptive device is a coil consisting of stainless a steel inner layer and a nickel titanium alloy outer layer. The coiled insert contains polyethylene terephthalate to induce the growth of scar tissue in the fallopian tubes. Essure is a non-hormonal form of contraception.

Since Essure’s debut over a decade ago, the FDA has received more than 15,000 reports of adverse effects resulting from the use of the product. Side effects include bleeding, abdominal pain, device breakage, allergic reactions, ectopic pregnancies and organ perforation. The FDA released a “black box” warning for Essure in 2016, the highest warning level for prescription products, due to the alarming number of adverse reactions deriving from the device.

Bayer has released an official statement regarding their decision to pull the product from international markets. The company states on its website: “We would like to reassure the Essure patients and their accompanying healthcare professionals that this decision is made for commercial reasons and that it is not related to a safety or product quality issue.”

Between 2015 and 2016 alone, an alarming 11,192 incidents of adverse effects from Essure were reported to the FDA. 26 deaths are also linked to the device. Aside from mandating a “black box” warning label on all Essure packaging in 2016, the FDA stated on its website that it “has been examining the growing number of adverse event reports associated with the use of Essure.” According to a statement released to CBS News, the agency is very much aware of Bayer’s decision to pull Essure from foreign markets and is ensuring the continuous evaluation of the device’s safety and performance. This is in contradiction to Bayer’s comment that global markets, “there is not as much patient interest” in devices like Essure.

The backlash against Essure has caused its parent company a notable decrease in revenue. Around 3,700 women have filed lawsuits against Bayer due to adverse reactions and results. So far, the company has lost $413 million between legal fees and settlements to victims.

Medical experts believe that Bayer’s decision to pull out of foreign markets, coupled with the product’s banishment in other countries, indicates that the device will be removed from U.S. markets in the near future. If you think that you or a loved one have fallen victim to any of the adverse effects mentioned in this article due to the usage of Essure, you should immediately report these incidents to the FDA. Then, contact one of our attorneys at Hammers Law Firm and let us take care of your defective medical product case. We are committed to representing you effectively and strategically against medical manufactures to ensure you receive the compensation you deserve.

A well-trusted household product potentially causes fatal results.

Over the course of the past decade, there has been an alarmingly increased amount of individuals sourcing the diagnoses of ovarian cancer to a product that for ages has been an essential for many women and children: talcum powder. Several talcum powder manufacturers, including Johnson and Johnson, are facing personal injury and wrongful death lawsuits due to the fact that talc has been classified as a possible human carcinogen by the International Agency for Research on Cancer. Victims and families of victims alike have claimed that as studies on the dangers of talc date back to the 70’s, talcum powder producers such as Johnson and Johnson should have provided some form of a warning label on their products.

The talc in talcum powder is mineral composed of magnesium, silicon, and oxygen. It’s moisture absorption qualities have made it ideal from keeping skin dry and soft after topical use. However, in its purest form, the exposure to raw talk has been associated with asbestos, another dangerous carcinogen, due to their close proximity in mining settings. Certain research studies have concluded that women who frequently used talcum powder correlated with over a 20% increased chance of ovarian cancer within specific control groups.

The American Cancer Society has also conducted studies that link the use of talcum powder to other cancers aside from ovarian cancer. These illnesses include lung cancer and endometrial cancer. Lastly, the International Agency for Research on Cancer classifies talc that contains asbestos that contains asbestos undoubtedly as “carcinogenic to humans.”

If you or someone you know has suffered a personal injury or wrongful death as the result of the use of talcum powder or any other defective medical product, please contact one of our Hammers Law Firm attorneys today. We are focused on your injury and suffering and want to ensure that you receive the settlement you deserve.

A hernia occurs when a small piece or loop of abdominal content protrudes out of its normal location in the body through a weakened portion of the muscle wall. There are different types of hernias and they often times occur in the belly button. Over 200,000 people in the United States suffer from hernias each year. Treatments for hernias range from close monitoring to surgery to close the opening in the muscle wall. The surgical repair usually involves the use of mesh products to repair the hole in the muscle wall. However, even with modern medicine, there are complications stemming from these surgical mesh implants, prompting a recall by the FDA for certain mesh brands and products.

For the past two decades, mesh treatment products have become the norm of hernia repair. Surgical mesh repairs the weakened muscle wall tissue by providing support to the area of affliction. Hernia mesh comes in knitted or non-knitted sheets made of animal tissue or synthetic material. Synthetic surgical mesh can be absorbable, non-absorbable or both. Animal tissue mesh fosters new the other hand permanently remains implanted in the muscle wall to reinforce the hernia once it is repaired.

Several medical outlets have recommended surgical mesh for hernia repair arguing that the mesh produces a reduced rate in hernia recurrence. Furthermore, medical professionals have argued that hernia recurrence is higher in situations in which hernias were repaired with sutures rather than mesh implants. Surgical mesh also facilitates faster operations and recovery times.

Although surgical mesh has become increasingly common in hernia repair procedures, the medical implant has resulted in negative outcomes for thousands of patients. One threat hernia mesh implants presents is the movement of mesh from the implantation site and its contraction or shrinkage of the mesh itself. Other harmful side effects deriving from surgical mesh usage involve severe pain around the implementation site, infection, the formation of scar tissue, scar-tissue adhesion and a reappearance of the hernia. Some incidents of surgical mesh complications result in severe side effects such as intestinal obstruction, bleeding, organ perforation and even the abnormal fusion of organs.

Several of the negative side effects and complications recorded after the use of surgical mesh in hernia pair the result of defective products. The FDA has acknowledged that recalled mesh products were at fault for multiple incidents of organ perforation and intestinal obstruction. It has also been discovered that surgical mesh complications were also the result of counterfeit sheets of surgical mesh labeled as certified brand name products. These brands include the C.R. Bard and Davol manufactured meshes.

One mesh manufacturer has released a list of these counterfeit products baring its company name. C.R. Bard announced that four sizes of surgical mesh products were falsely manufactured and released with their company label and lot numbers. These products were the Bard Flat Mesh 2” x 4”, 10” x 14” and 3” x 6”. For more information on recalled lot numbers, visit this link.

Mesh manufacturers and distributors that have announced recalls regarding their surgical mesh products include RAM Medical, Inc., Amerimed Corporation, Medline Industries and Q-Med Corporation amongst several others. In 2010, the FDA named these distributors’ recalls as Class I, indicating they are the most serious types of recalls resulting in the most severe consequences. Currently, the FDA is constantly conducting tests on counterfeit mesh products to evaluate the extent of their negative impact while keeping potential recall victims informed. They are also investigating where these counterfeit products originated.

If you think that yourself or a loved one have fallen victim as a consequence of a recalled surgical mesh product for hernia repair, it is imperative to first contact your doctor or surgeon to determine what type of mesh you have. Next, contact one of our personal injury attorneys at Hammers Law Firm and let us take care of your defective medical product case. We are committed to representing you effectively and strategically against medical manufactures to ensure justice is served.

ATLANTA— Last week the Georgia Department of Transportation agreed to pay more than $2 million to victims to settle ongoing lawsuits after four different men fell into open storm drainage ditches along I-75, I-285 and the Buford-Spring Connector. Victims fell up to 15 feet through open drains missing safety grates between 2013 and 2015. Three of the victims suffered injuries requiring surgery while a fourth victim died from his injuries.

A total of $2,095,000 was paid by the GDOT to four victims who sustained injuries in accidents involving missing covers for storm sewers, named “mantraps,” along Georgia highways. The Georgia Department of Transportation announced the grates normally preventing these safety hazards were missing because of thieves stealing the covers to sell as scrap metal. Information uncovered by private contractors revealed that between 2013 and 2015, at least 600 grates were reported missing by the GDOT. Evidence obtained by attorneys Rob Hammers Jr. (Hammers Law Firm) and Dustin Davies (Hasty Pope) showed the GDOT had ordered several replacement grates, never used them and stored them in a warehouse.

Victims Larry Cook and Mickey Koelling both sustained injuries requiring surgery after falling through the open storm sewers. In September 2014, Cook fell 15 feet through a storm drain located on the Buford-Spring Connector in Atlanta and shattered his left ankle and foot, requiring the placement of a metal plate during surgery. Cook, represented by Davies (Hasty Pope) received a settlement of $550,000. Koelling plummeted through an open drain in January 2015 on the I-75 North exit ramp of I-285 and suffered a broken ankle that required fusion surgery. Koelling was represented by attorney Adam King (Nicholson Revell) and received a $260,000 settlement.

A third victim, Raymond Sisson, passed away as a result of his fall through an open drainage sewer on I-75. Sisson was traveling with his wife in October 2014 and fell through one of the “mantraps,” hitting his head. He ultimately suffered an acute brain bleed due to a subdural hematoma and passed away the following day after being airlifted to a Jacksonville trauma center. His wife Ann Sisson was represented by Lance and Robin Lourie (Watkins Lourie Roll & Chance) and received a settlement of $750,000.

The victim represented by Rob Hammers Jr. (Hammers Law Firm), Jonah McKenzie, fell over 11 feet through an open storm drain on I-285 in August 2013. His car slid off the highway in the early hours of the morning and he fell into the drain after exiting his vehicle to check for damage. He shattered his right fibula and tibia which required multiple surgeries and months of rehabilitation. He also lost more than $4,000 in wages. McKenzie’s case was the first to occur amongst the four court filings against the GDOT and he received $535,000 as a settlement.

With 600 reportedly missing grates, the open drainage sewers that are scattered throughout Georgia highways pose threats for drivers statewide. If you or a loved one has suffered a personal injury or wrongful death due to one of these open drainage ditches, contact one of our attorneys at Hammers Law Firm today. We are committed to representing you effectively and strategically to ensure you receive the settlement you deserve.

See the original article in the Daily Report, here.

Today’s cars are more advanced than ever, constantly setting new standards of style, comfort, gas efficiency and technology. Several vehicle manufacturers now have their own versions of driver assistance and intelligence programs that are standard on new basic models. However, according to the National Highway Traffic Safety Administration, the number of traffic fatalities in 2016 increased to 37,461 deaths, 6% higher than 2015. Could this mean that safer cars play a role in the increase of traffic related dangers?

Vehicle safety technology includes any programs or assistance systems that increase the safety of cars, their drivers and surrounding passengers. Prototypes of vehicle safety technology date back to the 1950’s but modern variations were widely introduced and released in the mid 2000’s. Many popular brands of cars have their own lines of vehicle safety technology, such as Honda Sensing Suite, Toyota Safety Sense, or Ford Pre-Collision Assist.

Common varieties of vehicle safety technology include blind spot monitoring, lane support systems, and warning and emergency braking systems. Blind spot monitoring screens points on the side of the vehicle to avoid collisions with other vehicles in surrounding lanes. Lane support systems, on the other hand, alert drivers if the vehicle unexpectedly veers from a lane or the road without prior indications, like using a turn signal. Warning and emergency braking systems help avoid collisions with sudden road obstacles by breaking individual wheels prior to contact with the obstacle in question, thus stabilizing the car. Despite all these technologies to improve driver safety, fatalities are still increasing. In a study conducted by CNN Money, it was revealed that the number of fatalities per mile has increased by 2.6%, making it the highest number since 2008.

In a report published by drivers.com, the leading cause of traffic fatalities in 2013 was distracted driving. According to the report, drivers who use hand-held devices while behind the wheel are four times more likely to be in an accident than those who pay attention to the road. Furthermore, the National Highway Traffic Safety Administration reported that distracted driving was the cause of 3,477 deaths in 2015.

Other leading causes of traffic fatalities in the United States include speeding and drunk driving. An article published by curbed.com revealed that since 2015, traffic deaths have dramatically increased, with almost 30,000 speeding related deaths occurring in the first nine months of 2016 alone. In regards to drunk driving, activist group Mothers Against Drunk Driving (MADD) estimates that 300,000 drunk driving incidents occur on a daily basis. The same group reported that 28 people a day die from drunk driving crashes.

Out of all the aforementioned leading causes of traffic fatalities, one danger has seen a decline as recent as 2016. In the same study by CNN Money, fatalities linked to distracted driving lowered by 2.2%. This could be due to the hands-free features found in newer cars. This decrease may also be a result of the high volume of campaigns conducted by different activist groups and mobile carriers to raise awareness of distracted driving dangers.

While vehicle safety technology can lower the probability of being involved in a car accident, we as drivers have to face the reality. Today’s roads are dangerous and we constantly need to remain alert and focused when driving to avoid collisions, regardless of all the new safety and hands-free features our cars may provide for us. If you or a loved one has suffered a personal injury due to a distracted driver in a car accident, contact one of our attorneys at Hammers Law Firm today.

Last week, a lawsuit was filed against Cook Medical after allegations were made that their product, the Celect Inferior Vena Cava (IVC) Filter caused injury to a patient in California. The victim, named Mary F., had the IVC filter placed into her inferior vena cava to prevent a blood clot from traveling to her lungs in 2013. The victim suffered a pulmonary embolism after the placement of the Celect Filter and has accused Cook Medical with negligence for failure to warn her about serious safety risks amongst other dangers.

IVC filters are a hooked, metal device often made of nitinol or stainless steel that prevent blood clots from traveling to the lungs. According to Cook Medical’s website, the Celect IVC filter served to prevent recurring pulmonary embolisms through placement in the vena cava, the large veins that carry deoxygenated blood to the heart. The Celect IVC filter is retrievable, allowing for its removal in patients who need the product for temporary purposes.

The Celect IVC filter is inserted into the vena cava through a small hole and the device expands once placed. The device was introduced to the public in 2008 as an improved version of the Gunther Tulip IVC Filter, the Celect’s predecessor released by Cook Medical over two decades ago. After the device settles and expands, it filters out blood clots and prevents them from reaching the lungs by catching them in what resembles several metal arms, stemming from a single hooked base. The insertion procedure is an outpatient procedure that usually requires an overnight hospital stay.

IVC filter such as Cook Medical’s Celect filter have for years been related to complications after the insertion procedure. Common complications include device migration, filter fracture, device perforation and pulmonary embolisms. In a study conducted by the Journal of Vascular Interventional Radiology in 2015, it was revealed that the Cook Medical IVC filter has a 43% perforation rate in patients. Another study in 2009 demonstrated that while the filters are retrievable, some patients experienced complications in the removal process as the filter had become fixed into the wall of the vena cava.

Prior to the lawsuit filed this past week, the Celect IVC filter has faced previous lawsuits as well. A patient filed a lawsuit against Cook Medical in 2016 after suffering severe injuries from the filter. The patient, also from California, underwent serious injuries after the Celect IVC filter broke and became permanently stuck in her heart.

After sustaining her injury, victim Mary F. accused Cook Medical of several faults, including negligence for failure to warn about serious safety risks, selling a dangerous medical device with defective design and breach of implied and express warranty. The victim’s lawsuit will be assembled along with the over 4,000 pending lawsuits for complications and injuries deriving from IVC filters.

The ongoing complications and side-effects linked to the Celect IVC filter are important to take into consideration if you or someone close to you have undergone a procedure involving the implementation of this device. If you think that you or a loved one have fallen victim to any of the adverse effects mentioned in this article due to the usage of the Celect IVC filter, you should immediately contact your doctor or surgeon. Then, contact one of our attorneys at Hammers Law Firm and let us take care of your defective medical product case. We are committed to representing you effectively and strategically against medical manufactures to ensure you receive the compensation you deserve.

A lawsuit was filed against Uber over the summer after an elderly man was struck by one of the company’s drivers in Atlanta. According to an article published by the Atlanta Journal Constitution, L.C. Nunn, 89, was struck on Phipps Boulevard by driver Oluwametemi Alami in February 2017. Nunn succumbed to his injuries and passed away a week later. In June his family charged the popular ride-share company with negligence that ultimately lead to the senior citizen’s death.

World War II veteran L.C. Nunn was out for a morning walk on February 16, 2017 when he was struck by Alami. Alami, a DeKalb County resident, was driving a 2016 Toyota Corolla at the time of the accident. While Nunn survived the initial impact, he suffered bruises and pain throughout his body and passed away a week later from his injuries. Alami received a police citation for failing to yield and claimed she did not see Nunn crossing the street when the collision occurred.

This incident is not the first time that Uber has faced lawsuits in the Atlanta area. In March 2016, an accident involving an Uber driver striking a motorcyclist took place in Cobb County. According to the Atlanta Business Chronicle, Alexander Reyes was struck by Uber driver Celestine Kiprono on March 20, 2016 around 2 p.m. Reyes was pronounced dead shortly after being taken to WellStar Kennestone Hospital. After being charged with a wrongful death claim, Uber demanded the victim’s family settle for 1 million dollars the following summer. The litigation is still pending.

Since the company’s launch in 2009, Uber Technologies Inc. has undergone a multitude of lawsuits from passengers, governmental bodies, taxi alliances and even drivers for the company itself. In a an article released by CNN Tech, Uber was facing over 70 pending lawsuits in August 2016. Amongst these lawsuits included an allegation of fraud against the company after two different women were sexually assaulted by drivers as well as a wrongful death lawsuit after a 6-year-old girl was struck and killed by a driver in 2013. All of these lawsuits share the common issue of safety in regards to Uber’s policies and regulation on background checks for its drivers and whether or not Uber should be responsible for the actions of its drivers, as the company technically deems them as “contractors.”

Uber Technologies Inc. states that their background check protocol includes a screening of a Motor Vehicle Record and criminal background check. The background check depends on local requirements and criteria which can vary from state to state. Furthermore, Uber provides driver profiles in advance of riders being picked up, giving riders the chance to cancel a ride if they feel uncomfortable. In regards to driver safety, the company’s website provides a list of recommendations to help “keep the roads safe for everyone.” These recommendations includes watching out for pedestrians and bikers, maintaining focus while driving and always calling 911 after an emergency situation. Visit Uber’s website to learn more about their safety policy for both drivers and riders.

The lawsuit filed against Uber by Nunn’s family stated that Uber was negligent in allowing Alabi to drive for the company from the start. The suit also suggested if Uber had instated a better vetting process for its drivers, more accidents, like the one that took the life of L.C. Nunn, could be prevented. Alabi has been banned from driving for the company since the accident’s investigation.

While Uber has become a convenient way of transportation, it’s important to consider the potential risks ridesharing poses to both passengers and surrounding individuals before embarking on a ride. Both the accidents involving Nunn and Reyes included drivers who were either on-duty or carrying passengers. When getting in the car to start an Uber ride, be sure to remain aware and alert throughout the duration of the trip. If you or a loved one has suffered a personal injury or a wrongful death due to an Uber driver in a car accident, contact one of our attorneys at Hammers Law Firm today. We will make sure you receive the compensation you deserve.

According to a recent report published by CNBC, the Institute for Highway Safety’s October 2017 crash test results demonstrated that automakers have significantly improved passenger safety in mid-size cars. A majority of the cars tested were given a “good” rating in protecting passengers during a collision. The highest rated cars included the 2018 Subaru Outback, while some of the lower scoring cars were the Volkswagen Passat and Chevrolet Malibu, which were given a “marginal” rating in passenger safety. These superior crash test results serve as a source of confidence for consumers in the 2018 car market as last year’s lackluster results made several consumers question the safety of passengers driving small SUV’s.

As stated on its website, the IIHS offers four safety ratings for reviewed cars: good, acceptable, marginal and poor. These safety ratings are determined by crashworthiness, how well passengers are protected by the vehicle in a crash and crash avoidance mitigation, the technology used to prevent or lessen the intensity of a collision. 10 out of 13 mid-sized cars examined in the crash tests received a “good” classification in protecting front seat passengers in the case of a collision. The situational evidence used to award each car a rating was a simulated crash in which the front passenger side received the majority of the impact.

The 2018 Subaru Outback and Toyota Camry both received “good” ratings and were featured in the IIHS 2017 Top Safety Pick Plus list. The Subaru Outback scored a “good” rating on almost every critical safety aspect measured by the IIHS, including roof-strength, head restraints and seats and small front overlap for both the driver and passenger sides. The only area that did not receive a “good” rating was the headlights, which scored “acceptable.” The Toyota Camry, on the other hand, surpassed the Outback with a “good” score on all aspects including a superior mention for its front crash prevention.

Both the 2017 Volkswagen Jetta and Honda Accord scored “acceptable” ratings. While the majority of the safety criteria assessed in the vehicles received a “good” score, both the Jetta and the Accord scored “acceptable” for their respective headlights functionality. Additionally, while the Honda Accord was noted for superior front crash prevention, the Volkswagen Jetta ranked lower with an “advanced” description in the same category.

On the lower end of the safety spectrum, the 2018 Volkswagen Passat and 2018 Chevrolet Malibu ranked as “marginal” in passenger protection. The Passat only scored “marginal” in passenger side front overlap, an important aspect of passenger safety, and was only noted as being “advanced” in front crash prevention. While the Malibu also scored as “marginal” in passenger side front overlap, it was noted as being superior in front crash prevention. Both the Passat and the Malibu received a “poor” ranking in regards the headlights functionality, the lowest rating on the IIHS scale.

In the same articled released by CNBC, Becky Mueller, an IIHS senior research engineer, mentioned car manufacturers can still improve aspects of passenger safety. The improvements needed are in airbag and seatbelt safety due to allowing crash dummies too much forward motion in the event of a collision. She felt confident that these flaws could be repaired with superior engineering and design.

When considering the purchase of a new vehicle, always research safety ratings. We can help protect others and ourselves by driving cars that have higher scores of passenger safety and crash prevention. However, no matter a car’s safety rating, always pay attention to the road and be aware of surroundings. If you or a loved one has suffered a personal injury as a result of a car accident, contact one of our attorneys at Hammers Law Firm today. Our legal team is dedicated to helping you hold careless drivers accountable for their actions.

On Monday a Georgia woman was accused of DUI after hitting a child with her SUV. Gloria Blevins hit a 5-year-old girl in a Coweta County subdivision and did not stop after the incident, but instead continued driving. The victim, “Lulu” Pedrick was struck shortly after getting off the bus while returning home from school. Pedrick survived the collision but suffered injuries that required her to be airlifted to the hospital. It was soon discovered that Blevins was under the influence of drugs and alcohol when she hit the young victim. She was arrested shortly after and is currently being detained at the Coweta County Jail.

According to a report released by Channel 2 Action News, Pedrick was crossing the street after stepping off the bus that returned her home from school. As she was crossing, Blevins hit the child with the passenger side bumper of her vehicle after changing lanes into oncoming traffic in an attempt to pass the stopped bus. Police gathered sufficient evidence to track down Blevins’ vehicle in the Avery Park Subdivision, the same neighborhood in which the accident occurred. Blevins was arrested at her home within hours after being questioned by police.

In the State of Georgia, a person is considered to be driving under the influence (DUI) if they have a blood alcohol concentration of .08% or higher. As stated on the Georgia DMV’s website, DUI convictions include, but are not limited, to: license suspension, DUI school, increased car insurance rates, fines and jail time. Some DUI convictions also require the violator to participate in a DUI alcohol or drug risk prevention program, even if the individual in question has no previous record of driving under the influence.

The CDC conducted a study to demonstrate the reality of drinking and driving incidents in the State of Georgia. Between 2003 and 2012, there were 3,699 victims that suffered fatalities as a result of an encounter with a drunk driver. Between the ages of 21 and 34, there were 5.8 deaths per 100,000 people due to drunk drivers. Surprisingly, only 1.4% of people admitted to driving after having too much to drink, lower than the national average of 1.9%. The State of Georgia institutes several methods to catch drunk drivers or prevent those with a previous DUI conviction from offending again. Sobriety check points on state roads, a free app called DriveSoberGA that will dial Tow-To-Go, and ignition interlocks that require individuals to measure their BAC before starting the car being just a few examples. To raise awareness about the dangers of drunk driving in teens and adolescents, some schools offer instructional programs or promote mass media campaigns to educate young drivers on the importance of driving sober.

5-year-old Pedrick sustained injuries to her eye and leg. After being airlifted to the hospital, she had to undergo surgery on her leg that required the insertion of two metal plates to repair a fracture. In the same report by Channel 2 Action News, the victim’s mother stated that Pedrick also suffered a fracture to her orbital bone and if it doesn’t heal properly, she might not have full use of her eye. Blevins was charged with 4 offenses including DUI, fleeing the scene of an accident and not stopping for a school bus.

We, as drivers, can combat the epidemic of driving under the influence. To protect our own lives and the lives of others, it’s important to remember that driving under the influence is never acceptable and can result in serious injuries and consequences, even death. If you or a loved one has suffered a personal injury due to a drunk driving accident, contact one of our attorneys at Hammers Law Firm today. We are dedicated to holding negligent drivers responsible and getting you the compensation you deserve for your damages.

Several families have filed lawsuits against a nursing home in Hollywood, Florida after several residents died as a result of the facility losing power in the aftermath of Hurricane Irma. The power outage caused temperatures to skyrocket and 11 patients, several of whom were in stable conditions days earlier, passed away from the unbearable heat. It was also alleged that staff members didn’t contact 911 regarding the power outage until two days after the incident. Lawsuits have been filed against the nursing home, Rehabilitation Center at Hollywood Hills, accusing the center of negligent care of the residents and failing to adequately respond to the residents’ perilous conditions. Other residents filed additional lawsuits against the home for the suffering they endured during the aftermath of the natural disaster.

This past September, Hurricane Irma caused immense destruction along its path, including Hollywood, Florida. According to a report from the Miami Herald, the Rehabilitation Center at Hollywood Hills lost power on September 10 from the storm. The facility’s central air conditioning system became inoperative and temperatures quickly soared to a scorching heat. In another report from Fox News, it was revealed that facility staff alerted Broward County emergency personnel of the power outage on Tuesday of that week, but did not request help for any medical emergencies. It wasn’t until Wednesday that the nursing home began making distress calls to emergency operators regarding its residents. By the time fire fighters arrived at the scene, three patients had already passed away from heat-caused ailments and another five passed away by the afternoon.

One of the key issues listed in these lawsuits is the nursing home’s failure to maintain an emergency generator. The separate transformer that powered the central air conditioning unit did not have a backup generator. While one backup generator provided power to a portion of the nursing home, it only offered power to lights and appliances. In February of 2016, the Rehabilitation Center at Hollywood Hills was noted by the Florida Agency for Healthcare Administration for a failure to maintain an emergency generator. The agency previously banned the facility from receiving new patients and from receiving Medicaid, according to the same report from Fox News and an additional article published by FindLaw.

The first lawsuit filed against the rehabilitation center was from the family of a 94-year-old patient. Rosa Cabrera is a double amputee who suffers from diabetes. Her family stated in their negligence lawsuit that “she could not care for herself or escape the horrific conditions” and she suffered a great deal of pain and suffering throughout the incident. Cabrera was not evacuated until three days after the air conditioning system stopped working, along with the remaining 141 occupants who received an incredibly delayed evacuation.

Other victims and their families have filed lawsuits against Florida Power & Light in wake of this tragedy. In an article published by CBS News, the Rehabilitation Center at Hollywood Hills claimed to have called Florida Power & Light 50 times after they lost power for the central air conditioning unit. Several reports insist that upon notification of the nursing home’s situation, Florida Power & Light should have prioritized the center and arrived to fix the power within hours rather than days. Florida Power & Light declined to comment to news outlets on their response-time decision. They did mention that a local hospital was steps away from the nursing home, implying the responsibility of the patient’s wellbeing was solely belonging to the rehabilitation center. Soon after the occupants had been evacuated, the power company arrived and fixed the blown transformer in 15 minutes.

Since the tragedy, the Florida Agency for Health Care Administration has suspended the license of the Rehabilitation Center at Hollywood Hills. Tragedies like this happen when caretakers choose not to prioritize their patients or make appropriate decisions during times of emergency. If you currently have a loved one living in a retirement home or assisted living center, always stay alert for any signs of misconduct or inadequate care from staff members. If you or a loved one has suffered because of nursing home abuse, contact one of our personal injury attorneys at Hammers Law Firm today. We are ready to fight for the compensation you deserve.

This past November, a Smyrna councilman introduced an ordinance that would ban mobile device usage behind the wheel while driving in the city. The ordinance would make all cell-phone use while driving a violation of Smyrna’s traffic laws, including texting, using a GPS, dialing a phone number and holding the phone while talking. Norton told the AJC that although the price for tickets has not yet been determined he thought for first time offenders the cost would be $150. If this ordinance passes, Smyrna will be Georgia’s first hands-free city. This ordinance aims to lower annual traffic fatalities resulting from distracted driving.

Smyrna Councilman Derek Norton got the idea for a hands-free ordinance after attending the House Study Committee on Distracted Driving. According to an article published by the Atlanta Journal Constitution, while attending the committee meeting, Norton heard from law enforcement members and victims who suffered directly from distracted driving related incidents.

Georgia currently does not have strict texting and driving laws. Texting while driving is prohibited, but talking on the phone or using a GPS and other mobile features are not covered under current laws. Only drivers under the age of 18 are completely barred from using cell-phones or electronic devices while driving in the State of Georgia.

According to an article released by myAJC, 2016 had the highest number of traffic fatalities for Georgia in almost a decade. Over 1,500 people died on Georgia roads in 2016 and, as of November 2017, almost 1,200 people have suffered the same fate. While there is no conclusion on how many of these fatalities were caused by distracted driving, almost 4,000 citations for phone usage behind the wheel were processed by the Georgia Department of Driver Services. This high number of distracted driving related citations proves the need for stricter distracted driving laws, like the potential new ordinance in Smyrna, to better keep Georgia drivers safe.

While Councilman Norton hoped for the Smyrna City Council to pass this vote by November 20^th, the vote has now been twice delayed. Despite the support from the Mayor and other council members the latest cause for delay was that only five of the seven council members were present for the meeting. Kyle Kirkman, a Smyrna resident, expressed his frustration to CBS 46: “Tonight, they were using the excuse they only had five people. They could have voted if they really wanted to have done it tonight.” The ordinance will be brought before the city council again on January 2^nd.

Several states have already adopted strict hands-free traffic laws, including New York, Illinois, California and Nevada. While these laws may seem inconvenient to some, they are essential in keeping drivers safe across the nation. While Georgia does not have strict and specific distracted driving laws, an ordinance, like the one Smyrna will vote on, could make Georgia one of the next states to completely ban hand-held devices while behind the wheel and implement harsher penalties for violating such laws.

Distracted driving is an epidemic that causes chaos and damage to drivers worldwide. We can protect ourselves and other drivers by pledging to put away our phones while behind the wheel. No message or phone call is so important that it requires an individual to completely abandon paying attention to the road and put his or her own life at risk as well as endangering those in the surrounding area. If you or a loved one has suffered a personal injury because of a car accident caused by a distracted driver, call one of our attorneys at Hammers Law Firm today.

Pedestrian and cyclist-related collisions have been on the rise in the City of Atlanta and surrounding interstates throughout recent months. Two separate reports from myAJC reported of heightened amounts of injuries and deaths resulting from either drivers failing to yield to pedestrians or pedestrians crossing busy intersections without yielding to vehicles and in some instances, attempting to cross busy interstates like I-20. This increase in collisions is alarming for both commuters on the road and on foot. However, the overall safety of everyone who shares the road can improve upon understanding the guidelines and codes for vehicle-pedestrian interaction both on and off designated crosswalks.

One report released from myAJC at the beginning of November, there were over 70 reports of accidents involving either pedestrians or cyclists with motor vehicles during the month of October. While many of those accidents involved pedestrians, around 37% of the remaining incidents were linked to cyclists, children or individuals in wheelchairs. Despite the reports of collisions with pedestrians and cyclists, only 19 confirmed citations were directed towards drivers. The same myAJC article reported that 17 citations were given to pedestrians and cyclists and 15 were not cited as no fault was determined. The most common citation handed out to drivers was failure to yield with a pedestrian in a crosswalk, coming with at a hefty $132 fine as well as three points on your license.

A second report from myAJC released at the end of November revealed that pedestrian fatalities increased by 11% in 2017. The Georgia Department of Transportation expressed grave concern regarding this issue, with six pedestrian related collisions occurring on busy Atlanta interstates and highways within a two-week span. GDOT representatives speculated some may not realize the dangers of being a pedestrian on the interstate. While there were varying causes of the deaths in November, many of them were avoidable. myAJC has compiled a list of tips for how to safely cross streets and what to do if your car breaks down on the interstate. For more information click here.

While Georgia has one of the highest rates of pedestrian fatalities in the nation (myAJC), there are several rules and guidelines that drivers and pedestrians can follow to increase safety for both sides. The Georgia Governor’s Office of Highway Safety provides standard protocol on how drivers and pedestrians should proceed in the case of an encounter. When approaching a crosswalk, drivers must stop and yield to pedestrians until they completely cross to the other side of the road. Likewise, pedestrians cannot run through a crosswalk if the car clearly does not have ample time to stop for the pedestrian. When not in the proximity of a crosswalk, it is legal for pedestrians to cross the road as long as they yield to oncoming traffic.

If pedestrians and drivers better adhere to the GDOT’s protocol for yielding and crossing in roadways and crosswalks, perhaps the number of collisions in the City of Atlanta can decrease. More importantly, if you have an accident or break down on a busy interstate and cannot pull over, do not leave the safety of your vehicle. Wait for emergency personnel or law enforcement officials to arrive and escort you to safety. This will decrease the chances of you falling victim to a hit and run accident. If you or a loved one have suffered a personal injury as a result of a car accident, pedestrian accident or hit and run accident, call one of our attorneys at Hammers Law Firm today. We are dedicated to winning you the compensation you deserve for you injuries.

Uber is the center of another lawsuit regarding the questionable backgrounds of some of its drivers. The popular rideshare company was sued for almost 9 million dollars in the State of Colorado this past November. The lawsuit was filed after an investigation found a large number of drivers were driving for the company with both criminal and driving record violations. This lawsuit is only one of hundreds Uber has faced in the past year over the eligibility, safety and actions of its contracted drivers.

November’s lawsuit was filed by the Colorado Public Utilities Commission. According to a CNBC article, Uber was sued for $8.9 million for not meeting Colorado’s ridesharing regulations and standards. Officials from the public utilities commission discovered that 57 of Uber’s contracted employees were driving with criminal convictions, traffic violations and revoked or suspended driver’s licenses.

Uber has been criticized for years over errors in its background check protocol and ridesharing policies. As of August 2017, Uber faced 433 lawsuits from both customers and drivers, according to an article from VentureBeat. The article also cited that several of these lawsuits were from customers who suffered some form of aggression or danger from the company’s contracted drivers due to negligence, absence of training, distracted driving or assault.

In another article covering the same lawsuit, USA Today revealed that for the almost 60 drivers that were recently discovered to have both criminal and driving record violations, the company still allowed these drivers to conduct operations. Uber performed background checks on these 57 drivers and permitted them to become contracted drivers, despite receiving adequate information to bar these individuals from driving. Furthermore, as stated in the same USA Today report, officials from the public utilities commission found in their investigation that of those drivers who were conducting operations with some sort of criminal histories several were using fake names. By using fake names, these specific drivers were able to go through the background check unnoticed, despite being convicted felons, serial offenders and in one instance, a former prison escapee.

Uber stated that they became aware of the lawsuit only after hearing the Colorado Public Utilities Commission’s press release. In the same CNBC article, the company expressed their surprise regarding the lawsuit, as they “had been working on the matter with state officials.” This $8.9 million lawsuit arrives after a year and a half investigation from Commission officials. The investigation was first initiated after a passenger was assaulted by an Uber driver in Vail, the popular ski town.

Ridesharing can be a convenient and cost efficient method of transportation. However, as lawsuits and investigations reveal the potential dangers of using services like Uber, passengers should remain aware and alert for the possibility of dangerous or questionable contracted drivers. Companies like Uber and those that offer similar services can increase the overall safety for their customers by better regulating and screening background check results of potential drivers. If you or a loved one has suffered a personal injury from a car accident as a result of a ridesharing service, contact one of our attorneys at Hammers Law Firm today. We are committed to seeking justice for your damages and holding companies like Uber responsible for their actions.

This past November, a school crossing guard was hit and killed in Cobb County. The victim was struck while performing her morning crossing guard duties near a local middle school when an aggressive driver sped through the roadway and attempted to switch lanes. The driver swerved and struck the victim, killing her at the scene. This tragedy has left both community and family members demanding change in, what has been considered by many, a dangerous roadway.

Edna Umeh, 64, was a crossing guard for Linley Middle School in Cobb County, Ga. According to the Atlanta Journal Constitution, Umeh was performing her usual crossing guard duties along Veterans Memorial Highway around 9 a.m. on November 30. As other drivers were slowing down upon entering the school zone, a 2016 Ford Focus sped through the roadway and attempted to swerve into a center lane. The driver struck Umeh in front of several students and parents.

According to the same report from the AJC, the driver was identified as Lamonte Roosevelt Whitaker, 38. Emergency responders had to remove the roof of his vehicle to free him from the car. He was transported to Grady Memorial Hospital with minor injuries. In another report from Channel 2 Action News, the police accused Whitaker of driving recklessly, confirming witnesses’ reports. Some witnesses stated Whitaker came “swerving out of nowhere.” One witness said Umeh was hurled into the air upon impact, traveling as high as the surrounding power lines.

This accident on Veterans Memorial Highway has sparked outcry from surrounding community members and members of Umeh’s family. According to a separate article from the AJC, this accident has urged authorities to demand change for the roadway, as it is notorious for speeders and reckless driving. A friend of Umeh, Nina Williams, told the AJC that she had spoken to the victim the day before the accident regarding speeders on Veterans Memorial Highway. Williams suggested she call the police, but Umeh felt as if she was unable to file a complaint. The same article revealed that faculty and staff from a neighboring private school felt as if this incident was a “matter of time” as the road has always been a matter of concern.

Cobb County Commissioner Lisa Cupid released the following statement to the AJC regarding the accident: “This is a high-speed corridor with few traffic lights that needs to be addressed immediately.” Commissioner Cupid also said she has tried contacting both the Cobb County and Georgia Departments of Transportation to discuss the dangerous conditions of Veterans Memorial Highway to hopefully prevent tragedies like the one that took Umeh’s life.

School zones have lower speed limits for a reason. Drivers should always reduce speed and increase awareness when traveling through a roadway where children, parents or employees might be present. Deaths like Umeh’s can be avoided if drivers remain patient and wait to exit a school zone before increasing speed and attempting to change lanes. If you or a loved one has been the victim of a personal injury or a wrongful death as the result of a reckless or distracted driver, call one of our attorneys at Hammers Law Firm today. We are committed to holding irresponsible drivers accountable for their actions and winning you the compensation you deserve.

This December, pharmaceutical giants Bayer and Johnson & Johnson were ordered to pay almost $30 million in a lawsuit involving their blood-thinning product, Xarelto. The payout was awarded to a couple from Indiana after a woman suffered severe internal bleeding as a result of using Xarelto. Both Johnson & Johnson and Bayer were accused of failing to provide sufficient warning to the public for the possible negative side effects of the blood thinner.

According to Reuters, victim Lynn Hartman and her husband initially sued the pharmaceutical companies in 2015 after being hospitalized for gastrointestinal bleeding in June 2014. Before her hospitalization, Hartman had been taking Xarelto for almost a year to prevent strokes, a risk she suffers from due to an irregular heartbeat. The couple subsequently filed a lawsuit accusing both Bayer and Johnson & Johnson of not providing an appropriate warning for the possibility of internal bleeding as a side effect of taking Xarelto.

In another article published by Lawyers and Settlements, the Hartman’s attorneys argued at trial that Johnson & Johnson and Bayer not only failed to provide adequate warning for the potential side effect of internal bleeding after using Xarelto, but also failed to inform doctors that some patients could end up with higher levels of the medication remaining in their blood. Furthermore, the victim’s lawyers stated that the risks of negative side effects associated with Xarelto were higher than the risks associated with using similar blood thinners, including Eliquis and Pradaxa.

In the same report from Reuters, Bayer stated that they believe there was no basis for the verdict and they are planning to file an appeal. Johnson & Johnson’s subsidiary company, Janssen, also argued that the safety of taking Xarelto can be reinforced by scientific studies and multiple approvals from the FDA. Despite the alleged evidence of the product being safe for consumer use, the same Lawyers and Settlements article stated there are currently over 1,500 trials related to Xarelto pending in the same Philadelphia court that awarded the Hartman family their payout. At least 18,500 additional cases against Xarelto are pending in the federal court in a multidistrict litigation, according to Reuters.

The Hartman family was awarded a total of $27.8 million for their damages by a Philadelphia State court. Reuters listed $1.8 million as payout for compensation and the remaining $26 million for punitive damages. This recent ruling is the first loss against Johnson & Johnson and Bayer over their Xarelto product as they have won three previous litigations regarding the same product.

When taking a new medication or prescription, always make sure to check the labels and packaging for any warnings of potential negative side effects. If you begin to suffer any negative symptoms or side effects from taking a new medication, contact your doctor immediately. You can also visit the FDA’s drug recall section on their website to see if the medication you are taking has been subject to any recalls or issues. If you or a loved one has suffered a personal injury as a result of a defective medical product or dangerous drug, contact one of our attorneys at Hammers Law Firm today. We are committed to seeking justice for your damages and holding pharmaceutical giants responsible for their products.

There is nothing more American than navigating the roads. Few feelings are more liberating than the one you get from cruising down the open highway on a warm, sunny day in Georgia. However, the joys of driving can be shattered instantly due to the negligence of others. Automobile accidents continue to be one of the leading causes of death in America. When trucks are involved, the severity of damage and harm can increase exponentially. The average tractor trailer weighs 20 to 30 times more than the average automobile. The added weight and momentum of trucks traveling at highway speeds, along with the increased time it takes for those vehicles to stop, can easily result in lifelong injuries, paralysis, or death. Unfortunately, automobile accidents involving tractor trailers are all too common. If you are the victim of a commercial truck driving accident that resulted from the negligence of another, you may be entitled to compensation. Below are the steps to take moving forward.

Determining Liability

While it may seem straightforward that the truck driver should be held liable for accidents involving his or her vehicle, this may not always be the case, or at least, it may not always be the complete picture. For most people, it is easy to underestimate the complexity of the commercial trucking world. The sections below highlight some of the most relevant factors to consider when determining liability.

Driver’s Liability

For determining whether the driver acted in a negligent way that caused the accident, you should consider whether the operator was:

Driving under the influence of alcohol, drugs and/or sleep suppressants.
Driving erratically, dangerously fast or with disregard to the safety of others on the road.
Too tired to operate the vehicle safely.
Driving more than the maximum allotted hours in a given day.

Liability of Others

Aside from the driver, there are other actors involved in commercial trucking whose negligence could be partially or completely responsible for your accident and the injuries you suffered. They include the companies and individuals responsible for:

Training the driver on how to safely operate the truck.
Maintaining a safe and working vehicle.
Stocking cargo safely in the truck.

If any one of these actors failed to perform their duties properly, they may be held liable in a personal injury suit.

Steps to Follow

If you have been in an accident with a tractor trailer, it is essential for you to act quickly.

Begin by calling the police
Ask for the insurance information of the driver, writing down the driver’s company name and getting the contact information of any eye witnesses.
All of this information will be critically important if you decide to move forward with a personal injury suit. The team at Hammers Law Firm will utilize this information, testimony of expert witnesses and documentary evidence to ensure that you find the justice you deserve.

Your Case

An accident with a tractor trailer can be a devastating experience. If your injuries were caused by the negligence of another party, then seeking compensation through a personal injury suit may be the right choice. For those who are injured, there are may be tremendous obstacles. Physical rehabilitation can take years. Working with doctors and medical professionals in hospitals and doctors’ offices can be overwhelmingly expensive and time-consuming. Those suffering from injury may not be able to work for extended periods of time. In the most extreme cases, where an incident results in death, there are potentially medical bills, funeral expenses, lost wages and lost time that families will have to endure.

Contact an Atlanta Truck Driving Accident Lawyer

Individuals who have been injured because of someone’s negligence should never be forced by the legal system to suffer silently and without the compensation they deserve. Individuals who were injured in commercial truck driving incidents should be aware that they are in a unique position. Unlike non-commercial automobile accidents, where it is usually only the negligence of individual drivers that determines liability, there are many different actors involved who may be responsible for whatever harm has been inflicted and the compensation required to address that harm. Enlisting the services of an experienced, dedicated legal team is essential to successfully navigate the legal system and get the justice you deserve. For aggressive, competent legal counsel, call the team at Hammers Law Firm today.

Reputation is extremely important. Establishing a record as a fair and effective advocate can impact how a lawyer’s client is treated by judges and opposing counsel. An ethical lawyer will have no qualms telling you the truth about your chances of success. Be wary of anyone trying to sell you the moon. If someone’s promises are unusually optimistic, be cautious. An honest lawyer will have no hesitation providing his or her opinion on the good, the bad and the ugly of your case. Looking for lawyers who will be upfront with you is key to finding the right fit.

An easy way to research an attorney’s record is to search for him or her online. Aside from reading reviews left by previous clients and checking any record of malpractice accusations, you should also explore rankings from organizations like Martindale Hubbell, which evaluate the effectiveness of different lawyers and law firms. Martindale is well-regarded because it asks lawyers to review their peers.

Price Range

For personal injury cases, many lawyers will charge a contingency fee, which means that they will only be compensated if you receive compensation from a settlement or judgement in your favor. These arrangements take substantial financial risk out of the equation for clients. While price-hunting can be important, it may be helpful to consider legal fees as a type of investment. When it comes to certain cases, there can be thousands or millions of dollars at stake in settlements or judgements. Choosing an attorney based solely on price could hurt your chances of a successful conclusion to your lawsuit. When compensation for medical bills and lost wages are on the table, it may be wise to choose the attorney you trust, even if the price tag is a little higher.

Communication

The key to a healthy relationship is communication. The same is true for the relationship between attorney and client. The hallmarks of exceptional communication are honesty, accessibility and timeliness. When you have a question during your legal proceedings, you should expect that your law firm will be responsive. You should also be aware that an attorney has a special relationship with each one of his or her clients, known as attorney-client privilege. This means that whatever is said between a lawyer and a client is held in confidence. Under no circumstances will your attorney reveal information without your consent. This privilege extends into the court of law, as well. Therefore, you should feel comfortable sharing every relevant detail with your lawyer, no matter how embarrassing. For your case to be successful, your legal team needs to develop the most effective strategy. Knowing every single detail about your case is integral for a successful lawsuit. Once you have chosen your attorney, make sure that the lines of communication are wide open on both ends of the relationship.

The Size of the Firm

This is an aspect that is often overlooked. Is accessibility to a senior partner what you value the most during the legal process? If so, then you may want to choose a nimble firm that has a flatter structure than some larger ones. There is some independent research you can conduct yourself before meeting with firms, but do not be afraid to ask how large a practice is and what implications that may have for your experience.

Choosing the Right Firm

Once you have thought through each of these tips, the next step is to begin talking with different firms. If you are looking for an experienced and dedicated firm in Atlanta that specializes in personal injury lawsuits, then you should look closely at Hammers Law Firm. Our expert team has the resources and determination necessary to get you the justice you deserve. Choosing the right lawyer in a personal injury case is one of the most important decisions of your life. Make the right decision and call today.

There is no better way to explore a city than by parking the car somewhere and walking around downtown. Traveling this way engages all the senses. It allows you the opportunity to “stop and smell the roses,” for instance. It gives you the space and time to admire the architecture and infrastructure that is too easy to take for granted when driving in a car. Unfortunately, there is a risk to the safety of pedestrians at times: motor vehicle traffic. Accidents involving pedestrians can be especially horrific. In 2013, almost 5,000 pedestrians were killed and over 76,000 were injured as a direct result of accidents involving motor vehicles. Those numbers are mind-numbing. If you have been injured, or a loved-one has been killed, as a result of a motor vehicle accident involving a pedestrian, you may be entitled to compensation. Continue reading to learn more about what your rights are and what steps you should follow in your pursuit of justice.

Personal Injury

Pedestrian Accident cases are one form of personal injury cases. Therefore, the central ingredient to a successful lawsuit is negligence. This means that the plaintiff must prove that his or her injuries were caused by the negligence or irresponsible actions of another party. There are a number of ways that negligence can manifest in terms of pedestrian accident cases, such as whether the driver was:

Under the influence of alcohol or drugs at the time of the accident
Speeding at the time of the accident
Using his or her cell phone
Neglecting the boundaries of the road
Neglecting yield or stop signs
Driving in a reckless manner

Any one of these behaviors could convince a judge or jury that the driver involved was acting negligently and could be liable for damages to the plaintiff. Alternatively, car manufacturers could be held liable for damages if a defective part was responsible for a vehicular malfunction. If the company knew about a given malfunction, or should have known, yet did not act in a responsible way to protect its consumers and the public from its dangers, then that company could be found responsible in court.

Wrongful Death

In extreme cases of pedestrian accidents, there is loss of life. Words cannot adequately describe the horrors families experience when a loved one is ripped away from them in this manner. There are two avenues to attempt to rectify this macabre situation as best as possible. The first channel is to pursue criminal charges. If the driver was indeed behaving negligently, then that person may be charged with reckless endangerment or even vehicular manslaughter, depending on the circumstances. Each one of these charges would likely result in jail time and/or fines. In terms of pursuing justice, this is an important step for families to reach closure. For some families, however, criminal charges do not resolve their concerns entirely. This is where civil actions come into play. While criminal courts decide guilt and hand down punishment in terms of jail time or fines, civil courts assess liability and hand down monetary damages or compensation to the plaintiffs involved. In wrongful death suits, juries or judges in civil cases can award monetary compensation for:

Medical bills
Funeral expenses
Lost wages on future income
Intangible losses, like the emotional and social support of a parent

When awarding damages, civil courts will take into account certain questions, like whether the victim was the primary breadwinner in a family. The answers to these types of questions will help determine the size and frequency of compensation payments. The idea behind rewarding monetary damages is to provide the victim’s families with the resources needed to rebuild their lives after suffering a sudden and traumatic loss.

Contact an Atlanta Pedestrian Accident Lawyer Today

If you have been injured as the result of someone else’s negligence, there is no need to suffer in silence and isolation. You deserve compensation in order to rebuild your life. Choosing the right legal team is an essential part of this process. The right team will fight tooth-and- nail for every cent that you deserve. For this aggressive advocacy, look no further than Hammers Law Firm. The experienced, expert, and tireless staff will work with you every step of the way until you achieve justice. The attorneys at Hammers Law Firm work on the “contingency fee” model, which means that they do not get paid unless you achieve a successful outcome to your case. Call today to learn more.

For many, the American Dream revolves around the desire to own a home. With this dream comes the responsibility of homeowners to maintain a safe property. Unfortunately, some homeowners fall short in this regard. If you have been injured on someone’s property because of his or her negligence, you may be entitled to compensation. Keep reading to learn more about what constitutes premises liability and what options you have moving forward.

What is Premises Liability?

In Georgia, as in other states, property owners or occupiers must take reasonable precautions to ensure that others are not harmed while on their land. This is known as “premises liability.” There are certain standards of care that property owners must meet to ensure the safety of others. For instance, many states require fencing around inground pools in order to prevent children from entering those grounds unsupervised and potentially drowning. Failure to meet reasonable standards of care would likely be viewed as negligence by a court of law. As in all personal injury cases, the existence of negligence is paramount. Indeed, proving negligence is a necessary element of any premises liability suit.

There are times when an individual can be harmed on someone else’s property and have no cause to pursue a premises liability suit. In Georgia, these incidents involve individuals who:

Did not act in a reasonable way to protect their own safety.
Were guilty of trespassing.

In the first case, a property owner cannot be held liable if the injured party acted in an unreasonable way. For instance, if a guest injured himself while under the influence of alcohol and decided to do a backflip off of the owner’s house and into a swimming pool, courts may find that individual solely responsible for his injuries. In the second case, owners are not expected to provide for the safety of persons who have no right to occupy their property.

Different Kinds of Liability

Aside from slip-and-fall accidents, which may be the most common premises liability suits, other cases may involve:

Amusement park malfunctions, where the machinery has not been maintained to code. In extreme cases, guests have been thrown from or crushed by errant rides.
Swimming pool injuries, where children have been left unsupervised.
Structure collapses, which resulted from a lack of maintenance. In other cases, unsecured tents at festivals have fallen on unsuspecting patrons.
Loose steps or walkways that have not been maintained properly by their owners.
Animal bites from dogs or other animals that were left unsupervised.
Building code violations that placed guests in harm’s way.
A lack of building security, which allowed criminals to harm tenants.

The consequences of these incidents can be severe. They may result in broken bones, paralysis, PTSD, rape, or even death. These injuries may be temporary or may last a lifetime. In the most extreme cases, premises liability cases can be grounds for catastrophic injury or wrongful death suits. In wrongful death cases, you may be able to seek compensation for funeral expenses, lost wages, and the loss of quality time that individual would have been able to spend with loved ones. Seeking counsel is an essential part of attaining the compensation to which you may be entitled after an accident. There is no reason to suffer silently and without the resources you are entitled to if your injuries could have been prevented by the reasonable care of a property owner.

Contact an Atlanta Premises Liability Lawyer

If you have sustained a personal injury while a guest on someone else’s property due to his or her negligence, you may be entitled to compensation. Additionally, if you are the spouse, child, or estate manager of someone who died while a guest on another person’s property due to that individual’s negligence, you may also be entitled to compensation. The first step to filing a suit is realizing that, in Georgia, property owners or occupiers have a legal mandate to provide safety for their guests. If reasonable standards of care have not been met by those responsible, then filing a lawsuit may be the right way to proceed. Once you understand your rights, finding the right legal advocate is the best way to claim what is yours in a court of law. Contact our experienced team of expert premises liability lawyers at Hammers Law Firm today to learn more.

If all the email forwards and social media posts are to be believed, then almost all medications, from over-the-counter painkillers to prescription antibiotics and birth control pills, are conspiring to make you sicker. Actually, drugs must go through a rigorous testing process before they are approved for sale in the United States. The Kefauver Harris Amendment of 1962 requires the FDA to make sure that drugs are safe and effective before they become available for public use. It also legislates against false advertising and exaggerated claims about the effectiveness of medications, and thus its passage curtailed the “snake oil” industry that thrived in the early 20^th century. When drugs have serious side effects that did not become apparent in the pre-approval trials, and when drug manufacturers fail to notify consumers about side effects, drug interactions, and contraindications, patients harmed by these drugs may have a case for a “dangerous drugs” lawsuit. Here are some common misconceptions about lawsuits involving controversy around the safety of prescription and over-the-counter drugs.

MYTH: Thalidomide Was the Original “Dangerous Drug”

FACT: Yes and no. The thalidomide crisis was a precipitating event leading to the passage of the Kefauver Harris Amendment, but its distributor was never a defendant in a dangerous drug lawsuit. When the law was passed, Thalidomide had not been approved for sale in the United States. President Kennedy gave an award to FDA scientist Frances Oldham Kelsey for her role in preventing the approval of Thalidomide. She based her refusal to approve the drug on studies from other countries linking the use of Thalidomide to severe congenital illness and death in infants.

MYTH: Dangerous Drug Lawsuits Always Lead to Drugs Being Banned

FACT: The more likely outcome is that decisions in favor of plaintiffs will require drug manufacturers to change the labeling or advertising on their products to alert patients to potential dangers. A “black box” warning is much more likely than a drug being completely banned. The same drug can cause either benefit or harm, depending on many variables. For example, the and the contraceptive Yaz are still on the market after being the subject of dangerous drug lawsuits. It is still possible for plaintiffs to be awarded damages for injuries resulting from the use of a pharmaceutical drug, even if the court takes no action to change product labeling or regulation. Fenfluramine, an ingredient in the weight loss drug Fen-phen, is a rare example of a drug that was completely withdrawn from the market as a result of dangerous drug lawsuits.

MYTH: Dangerous Drug Lawsuits are Only for Prescription Drugs

FACT: Medicines sold over the counter can also have side effects, and thus they can also be subject to dangerous drugs lawsuits. The makers of acetaminophen, the active ingredient in Tylenol, have awarded damages to many patients who suffered from liver disease connected to the use of the drug. Acetaminophen is an ingredient in many over-the-counter and prescription medications, including Nyquil, Excedrin, and Theraflu. Many of the patients who sued the makers of acetaminophen had taken several medicines containing acetaminophen, for example, both Tylenol and Theraflu. Thus, a safe dose of Tylenol plus a safe dose of Theraflu added up to an unsafe dose of acetaminophen. The acetaminophen lawsuits led to several new guidelines and regulations for acetaminophen-containing products. For example, the amount of acetaminophen allowed in a single dose of a prescription drug was reduced, although higher amounts are still allowed in over-the-counter drugs. Additionally, the recommended maximum dose was lowered from 4,000 mg per day to 3,000 mg per day. Over the counter drugs containing acetaminophen must now also display clear warnings that the drugs contain acetaminophen. Patients no longer need to read the fine print of the ingredient lists to find this out.

Contact Hammers Law Firm About Dangerous Drug Lawsuits

You may be entitled to damages if you have become ill after taking a medication for an approved reason and according to the instructions for use of the drug. Contact an attorney at Hammers Law Firm in Atlanta, Georgia if you have been harmed by one of the drugs mentioned in this post or by any other prescription or over-the-counter drug.

This past month, a Georgia toddler tragically lost her life in what’s been deemed a “freak accident” at a shoe store. A mirror from a store wall came crashing down, falling on top of the little girl. She died shortly after at a local hospital. Her family members are now distraught and left with several questions, including why the mirror was not properly secured.

According to Channel 2 Action News, Iffrah Siddique, 2, was shopping with her family on the evening of Friday, March 2^nd. The Siddique family was at a Payless Shoe Source in Riverdale, buying shoes for the child, when a mirror suddenly came falling from the store wall and fell on top of her. The girl was rushed to the closest hospital but passed away shortly after from internal bleeding and blood loss. In the same article, witness La Tisha Tultaick claimed, “I just saw blood and the little girl, but she was just laying there lifeless.” Siddique’s parents were too distraught to talk to reporters after the incident.

According to Justia.com, a premises liability suit can be filed against a retail store if the plaintiff proves “injury was caused by a reasonably foreseeable dangerous condition related to the mode of operation.” If the Siddique family proves that Payless Shoe Source was negligent in securing the mirror that took their child’s life, they may be able to file a wrongful death suit to best compensate their suffering. Business owners are supposed to constantly maintain their premises in safe conditions to keep customers safe from harm, and it is very possible that Payless Shoe Source failed to do so in this tragedy.

Payless Shoe Source told Channel 2 Action News, “We are devastated by this tragic event and are fully cooperating with authorities to research and understand the nature of this accident.” They declined to provide further information. The Siddique family saw a window and mirror repair truck outside the store the Saturday after the incident.

Premises liability cases are almost always a result of property owners being negligent in their responsibility to keep visitors safe. When property owners fail to prioritize the safety of guests, innocent people, like Siddique, suffer the consequences. If you or a loved one has suffered a personal injury or wrongful death as a result of a dangerous property, call one of our attorneys at Hammers Law Firm today. We are dedicated to helping those who suffered during a tragedy.

This past week, an Arizona woman was struck and killed while crossing the street by a self-driving Uber car. During the on-going investigation, it has been revealed that there was a safety driver behind the wheel when the pedestrian was struck. This tragedy has sparked debate over who can be held liable in an accident involving an autonomous car, and in this specific event, will Uber be held liable for the woman’s death.

According to a report from Law.com, a woman in Tempe, Arizona was crossing the street outside of a crosswalk on the evening of March 19 when a self-driving Uber vehicle, a Volvo, struck her in a local suburb. The incident occurred around 10 p.m. and although the Volvo was in autonomous mode, there was still a driver in the front seat. The woman was transported to a nearby hospital and died shortly after.

As this accident is the first of its kind to occur, it serves as a reminder that this technology is still in the experimental stage and that new regulations and laws need to be considered in regulating the industry to protect the public. In the same article from Law.com, Consumer Watchdog’s technology project director John Simpson stated, “What this shows, unfortunately, is that these cars are going to kill people, and we need to understand that and think about the implications of that and the algorithms that are controlling the decision-making of these cars.” Other legal experts, like Todd Benoff at Alston & Bird in Los Angeles, argues the newsworthiness of this case relies on it being an outlier, “So far at least, in testing, these vehicles have shown themselves to be safe.”

It’s still unclear who will be held liable for this incident, as investigations have not revealed the cause of the accident. The fault could be linked to an error in the car, or in the actions of the victim. Benoff guesses that if the victim’s family wants to hold Uber and/or Volvo responsible for the incident, they will most likely file a product liability claim against the two companies instead of a negligence-based claim that would normally be filed against the driver of the at-fault vehicle.

Uber released the following statement: “our hearts go out to the victim’s family. We’re fully cooperating with Tempe police and local authorities as they investigate this accident.” The company has since ceased all autonomous vehicle testing operations in Tempe and other cities. While technology makes our lives easier, it also requires more caution than ever before. If you or a loved one has suffered a personal injury or wrongful death as a result of an accident related to a ride-sharing company, contact one of our lawyers at Hammers Law Firm today. We are committed to helping those who suffered during a tragedy.

This month, Chrysler, Jeep’s parent company, was ordered to uphold a payout to the family of a child who died in an accident involving a Jeep explosion. The Georgia Supreme Court made a decision to award the family $40 million, overturning an initial jury decision of a $150 million payout. Both the family of the child and their legal team are ready to see this case come to a close, as the accident occurred almost six years ago this month.

According to an article by Daily Report, a pickup truck slammed into the back of a 1999 Jeep Cherokee, which then burst into flames, killing 4-year-old Remi Walden. After investigation, the Walden family sued Chrysler, Jeep’s parent company, for wrongful death as a result of the car’s gas tank being placed in the rear of the vehicle. Walden’s family argued that the placement of the gas tank in the rear of the Jeep behind the axel sparked the explosion that took their child’s life.

An initial nine-day trial in Bainbridge, Georgia, ended with the jury awarding the Walden family $120 million for wrongful death and $30 million for pain and suffering. The Decatur County Superior Court Judge reduced the award to a total of $40 million. The verdict found the at-fault driver 1% responsible and appointed the remaining 99% of fault to Chrysler. Chrysler filed a motion for a new trial, however, the Georgia Supreme Court denied the motion as long as the Walden family accepted a lower award.

Chrysler next wants to bring this decision to the attention of the U.S. Supreme Court. The auto company still maintains its argument that the child lost his life because of the driver of the pickup truck, not the placement of the gas tank—despite later changing the placement of the gas tank to the middle of the jeep. A corporate spokesman for Chrysler stated the company was disappointed in the court’s judgment and is considering its legal options. Chrysler maintains, “This tragic crash was caused by a reckless pick-up truck driver who slammed into the rear of a 1999 Jeep Grand Cherokee at highway speed.”

This case shows that there is sometimes a possibility of fault from a manufacturer in an accident, not just the drivers involved. If you or a loved one has suffered a personal injury or a wrongful death as a result of a manufacturer error, contact our legal team at Hammers Law Firm. We are dedicated to helping those who suffered in an accident and we will fight for a fair outcome.

Last month, a woman was awarded over $3 million after sustaining injuries from an IVC filter. The verdict comes almost four years after she initially suffered complications from the medical device. Jurors found the manufacturer 80% responsible for the device complications.

According to Drugwatch, Sherr-Una Booker had an inferior vena cava (IVC) filter implanted on June 21, 2007, to prevent blood clots in preparation for scheduled surgery to remove a cancerous mass. The filter, made by C.R. Bard, migrated and damaged several parts of her inferior vena cava, which carries blood from the lower body to the heart. She was hospitalized in 2014 due to the complications caused by the IVC filter and underwent an open-heart surgery to remove the floating pieces. Parts of the filter are still in her body and she fears she will have to undergo another surgery in the future.

Booker accused the filter’s manufacturer, C.R. Bard, of failing to warn doctors of the high failure rates of the medical device. A federal jury in Phoenix ordered C.R. Bard to pay $1.6 million for failure to warn about the device’s dangers and an additional $2 million in punitive damages. Bookers attorney believes that, “Bard’s failure to tell physicians what they knew about the failure of the product they were marketing and selling,” played a key role in the jury’s decision on an amount for punitive damages. Booker’s trial is the first “bellwether trial” to be conducted in Phoenix’s federal court, which mean’s her case was the first to be selected from a pool of similar lawsuits.

There are 3,639 pending lawsuits involving injuries sustained from IVC filters against C.R. Bard as of March 15. This trial was not only a win for the Plaintiff, but also marks progress in litigations involving C.R. Bard, providing a guide to upcoming settlement negotiations.

If you are a client who has sustained a personal injury from C.R. Bard’s IVC filter, we encourage those of you who still have the IVC filter implanted to seek follow up imaging from your medical providers. This imaging can be critical to determining if your IVC filter is tilted, fractured, embedded, or perforated. Not only can this imaging strengthen your case, it may also prove to be life saving or help deter serious injury. If you or a loved one has suffered a personal injury as a result of a faulty medical device, call one of our attorneys at Hammers Law Firm. We’re committed to holding medical manufacturers responsible.

Today, April 9^th, the United States Food and Drug Administration has issued an order to restrict the sale and distribution of the Essure contraceptive device. According to the FDA’s website, the institution released this order “to ensure all women considering the use of the permanent contraception device are provided with adequate risk information so that they can make informed decisions.” The FDA followed up this statement by stating they were made aware that women were not being sufficiently informed of the risks of using Essure before undergoing the device implantation procedure, thus prompting this restriction.

Hammers Law Firm has been covering the issues associated with Essure and released an article regarding the ban of the medical device in every country outside the United States. In the months following our October 2017 report, the FDA implemented a post-market study regarding the device and added a boxed warning to Essure’s label. However, even though there was a 70 percent decline in Essure sales within the United States, the FDA ultimately concluded that women still were not receiving sufficient information about the risks of implanting such a device before the procedure.

Essure will now be distributed with new, legally required labeling that communicates the restriction of the sale and distribution of the device to only health care providers that inform patients about the benefits and potential risks of the device. Furthermore, a “Patient-Doctor Discussion Checklist” will be reviewed during all consultations between a patient and healthcare providers to ensure the clarification of all benefits, risks and other information regarding the implantation of Essure. Lastly, as stated by the FDA, “The patient must be given the opportunity to sign the acknowledgment, and it must be signed by the physician implanting the device. Bayer, the device manufacturer, is required to implement the restrictions immediately and ensure that the process going forward results in health care provider compliance with the sales restriction.”

If you or a loved on has suffered a personal injury as a result of a defective medical device like Essure, contact one of our attorney’s at Hammers Law Firm today. We’re dedicated to holding medical manufacturers accountable for their actions.

Few experiences are more liberating than riding a motorcycle on the open road. On a warm, sunny Spring morning, with a light breeze and clear skies, there is no greater feeling. Motorcycle rides should be enjoyable experiences. However, that ideal is sometimes shattered due to the negligence of others on the road. In some ways, motorcyclists assume unique risks while riding. If you have suffered an injury due to the negligence of another party, then you may be entitled to compensation. Continue to read this blog to get a sense of what your rights are and which steps to follow in order to successfully pursue justice.

The Unique Dangers Facing Motorcyclists

As anyone who has ridden a motorcycle knows, there are unique thrills and challenges facing those who engage in the activity. In terms of dangers, some include:

“Minor” road fluctuations: For those driving cars, many would not even notice uneven pavement, pot-holes, and gravel unless they were closely paying attention or they played some role in causing a driver to lose control around a bend, for instance. For motorcyclists, these imperfections in the road surface can be life-threatening. If a construction crew or city government has failed to warn or protect motorcyclists from these dangers, then they may be held liable in a court of law.
Visibility: Motorcyclists everywhere are aware that at crucial times while navigating the road, they are somehow dangerously invisible to other drivers. This is especially true in highway situations where a motorcyclist may be attempting to pass a car or truck in the left lane. If a motor vehicle operator fails to effectively use his or her review mirrors, then the consequences can be tragic for the motorcyclist. Indeed, two-thirds of all accidents involving motorcycles were caused by the driver of another vehicle’s failure to respect the motorcyclist’s right to the road.
Vehicle malfunctions: An accident may be caused by defective hardware, not user error. In some cases, the motorcycle’s malfunction will not manifest until the vehicle reaches high speeds. These cases can be especially dangerous because they almost always catch the rider off-guard.

Different Forms of Liability

Motorcyclists are 26 times more likely to perish in an accident, as compared to those riding in cars. Additionally, they are five times as likely to be injured in accidents. That is a tremendous disparity. It speaks to the responsibility each driver has to protect the rights and the health of all drivers and riders on the road. In addition to the tragedy of death, motorcycle accidents can also lead to:

Paralysis
Permanent Disability
Whip-lash
Road-rash

Each one of these consequences can be life-altering. Some cases may involve criminal charges, like vehicular manslaughter or reckless endangerment. In these cases, the perpetrator may face jail time or significant fines. If, however, you have suffered injuries due to the negligence of another and wish to pursue justice through the civil courts, you may be entitled to compensation. Juries and judges that hear civil cases may award damages to those victims that will pay for any number of things, such as medical bills, lost wages, and emotional trauma.

Contact an Atlanta Motorcycle Accident Lawyer

As you can see, motorcyclists face unique challenges when navigating the road and face greater risks of personal injury and death when accidents occur. The majority of motorcycle accidents are caused by drivers who were not prepared to share the road with these two-wheeled counterparts. When drivers become more aware of the dangers and challenges associated with operating a motorcycle, then the road will become a safer place for everyone. For experienced and aggressive counsel, call the motorcycle accident lawyers at Hammers Law Firm today. Your pursuit of justice deserves the exceptional counsel that our team can provide.

Enlisting the care of a medical professional should be a positive experience. When you do so, you rely on your provider’s years of education and experience to help him or her correctly diagnose and treat what ails you. You expect, reasonably, that the provider you have chosen will do everything within his or her power to ensure that further harm will not afflict you unnecessarily. In Georgia and elsewhere, this is known as “standard of care.” Unfortunately, there are times when medical providers do not fulfill their end of the bargain. This post will give you an overview of what constitutes medical malpractice and the steps to follow if you believe that you have a case to make.

What is Standard of Care?

This term describes the accepted practices of medical professionals that patients can reasonably expect on a consistent basis. As you may expect, different professions are held to different standards. For instance, nurses are held to a higher standard than nurses’ assistants because they have comparatively more responsibility for the patients’ care. Establishing standard of care is essential in determining whether malpractice has occurred. In instances in which a medical provider acted outside the boundaries of these standards and a harm was inflicted, then there may be grounds to move forward with a suit.

What is Medical Malpractice?

The best way to answer this question is to begin by considering how many aspects there are to medical care. For starters, if you are suffering from a physical condition, a doctor must diagnose you. For some conditions, this involves a number of tests, some of which are invasive and time-consuming. Once you are diagnosed, you enter the world of treatment. Do you require surgery? Medication? If it is the former, consider for a moment how many things can go wrong. This obviously depends on the type of surgery, but even for “minor” ones, there are elements involved that can be life-threatening. If you require anesthesia, that must be administered properly. If you require shots, then your chart must be properly consulted by a nurse or doctor to ensure that any allergies you have are accounted for. If you require medication, then your doctor or physician’s assistant must prescribe the right type and dose of drugs and then a pharmacist must provide you with the same. Too much, too little, or the wrong kind of medication could result in disaster. If at any point during these procedures, the medical professional you employed acted with negligence that resulted in harm, those actions would likely constitute medical malpractice. Different forms of malpractice can include:

Mistakes made during surgery
Misdiagnosis
Failure to prescribe and/or provide correct medication
Negligent care during pregnancy and/or childbirth
Discharge from care prematurely
Failure to adequately follow-up
Failure to consider patient’s history

The key to medical malpractice suits is proving the existence of negligence. There are times when harm occurs despite the fact that doctors or other medical professionals have acted in good faith. If this is the case, then medical malpractice suits do not hold water. However, if a medical professional acted in a way that caused harm and acted irresponsibly, then a lawsuit is possible.

Limits on Medical Malpractice

Some may wonder whether the death of a loved one caused by the negligence of a medical provider can also be considered medical malpractice. The short answer is yes. If you are the spouse, child, or the individual managing the estate of someone who died because of a medical provider’s carelessness, then you may want to consult an attorney to pursue legal action. In cases such as these, you may expect to pursue a wrongful death civil suit instead of a personal injury medical malpractice case. In these cases, defendants found liable may be held financially accountable for funeral expenses, lost wages, and intangible losses, like the inability of a parent to care for the emotional well-being of a child.

Contact a Georgia Medical Malpractice Lawyer Today

If you or a loved one suffered a personal injury as a result of medical malpractice, then you may be entitled to compensation. Medical providers are expected to act within the confines of established standards of care. If they operate outside the norms of their profession, it is unethical and potentially life-threatening behavior. These individuals have enormous responsibility over the lives and health of their patients. If you believe the care you received resulted in an unnecessary injury, then please contact one of our attorneys at Hammers Law Firm today. No one should suffer because of the negligence of another.

The CDC estimates that nine people are killed every day in the U.S. as a result of crashes involving a distracted driver. Distracted driving is all too common. While most people assume that distracted driving only applies to driving and using cell phones, distracted driving is classified by anything that takes your attention off the road. A report from the CDC shows that there are three main types of distraction:

Visual: taking your eyes off the road;
Manual: taking your hands off the wheel; and
Cognitive: taking your mind off driving.

Changing the music, checking your GPS, eating/drinking, or reaching for your phone are a few examples a distracted driving. Beginning July 1^st, Georgians will be fined for holding cell phones or electronic devices while behind the wheel. This new law will make Georgia the 16^th state to enact such a law. The Hands-Free Georgia Act goes in to effect on July 1^st, there will be NO 90-day grace period planned wherein drivers will be given a warning.

Quick Facts to Know:

The legislation does permit the use of Bluetooth devices to allow drivers to answer telephone calls or use navigational aids.
Penalties will begin at $50 for first-time violators, while three or more violations will result in fines of $150.
Holding your phone, iPad, or similar device will result in a fine.
Drivers using their device to text, record or watch videos will be fined.

Beyond the effects of day-to-day life, the impacts of this new law bring a new dimension to employer liability. Employees in company vehicles involved in an accident while using a handheld device will have broken a law on top of being negligent. If you have an ongoing case with a driver who was given a citation for distracted driving, consult a lawyer today. When you’re looking for an attorney you can trust to work on your behalf, look no further than Hammers Law Firm. Our law firm has over four decades of experience with millions won for our clients. We put 100% of our focus on helping injured victims get back on track. Contact us today for a free consultation (678)-846-6900.

WHAT HAPPENS AFTER AN ACCIDENT, THE ROAD AHEAD

It takes mere seconds for a car accident to happen. The effects of the accident linger long after the police arrive to clear the scene. While you should be working on recovery, instead you’re torn between the countless problems that arise after an accident. Medical bills, transportation to your doctor visits, rehabilitation costs, and stress of corresponding with an insurance representative are just a few of the hurdles that will be coming your way. The mental and physical stress alone is enough to make many victims drop claims, which is exactly what insurance companies want. Below you’ll find the most common questions we hear in our office from potential new clients.

THE OTHER DRIVER WAS GIVEN A TICKET, SO WHY DO I NEED A LAWYER?

With an attorney on your side, you have some who will fight for you to get the compensation you deserve. The insurance company employs defense lawyers, medical experts, and investigators to protect their interests. You cannot trust insurance companies to treat you fairly. Their advertising is nothing more than propaganda. You are not in good hands, they are not good neighbors and even when you’re seeking help from your own insurance, their sole goal is to diminish or defeat your claim. When you retain our firm, we will aggressively investigate and represent you so that your rights are preserved.

I DON’T WANT TO FILE A CLAIM WITH MY INSURANCE, WILL IT INCREASE MY RATES?

We cannot predict when an insurance company will raise its costs or what reasons they will use for a cost change. However, you must give your insurance company proper notice of the accident to use the policy coverages you pay for on your policy. Otherwise, you could be ineligible to use coverages such as MedPay, Uninsured or Underinsured Motorist coverage. These are considered “no fault” coverages. Notice to your insurance carrier is sent as a request for a no-fault claim. Your insurance company should not raise your premium for using coverages you are paying to have and that you have a right to use for your benefit and protection. Usually, a person that has caused accidents and has a history of claims filed against them for causing damages could face higher rates because they are considered, by the insurance company, as a risk. You are not obligated to use any of your coverages, but we encourage you to do so as it will benefit you and your case, depending on what coverages you purchased and were in effect on the date of your accident.

HIRE AN ATTORNEY YOU CAN TRUST

One of the most important decisions you can make following an accident is which attorney will stand in your corner. At Hammers Law Firm, we are proud of our past courtroom victories and our reputation for superior results. Our lawyers are in the business of protecting and fighting for injury victims. For a free consultation contact our experienced intake specialists at (678)-846-6900.

Onglyza and Kombiglyze are two name-brand medications used to combat type 2 diabetes. Both products have the same active ingredient, Saxagliptin. Saxagliptin belongs to a group of diabetes medications called DPP-44 inhibitors. It works by increasing the amount of incretin available in the body. Incretin is a hormone that is released by the intestines that work to raise insulin levels when blood sugar is high and decrease the amount of sugar made by the body. While prescribed to benefit patients living with diabetes, these medications are now being linked to an increase in patient risk for heart failure, congestive, heart failure, cardiac failure or cardiac-related death.

TYPE 2 DIABETES

In the United States alone, more than 30 million people have diabetes; 90-95% of them have type 2 diabetes. Patients with type 2 diabetes have cells that don’t respond normally to insulin; this is called insulin resistance. The CDC website defines insulin as “a hormone made by your pancreas that acts like a key to let blood sugar cells in your body for use as energy.” Your body, realizing that you need the insulin, sends signals to your pancreas to make more insulin to get your cells to respond. Eventually, when your pancreas can no longer keep up, your blood sugar rises which sets the stage for not only prediabetes but type 2 diabetes. According to the CDC, healthy eating and an active lifestyle are the first layers of defense for managing diabetes. Your doctor may decide to also prescribe insulin or other medications to help control your blood sugar and avoid complications. Before changing your medication please consult with a physician.

THE RISKS OF TAKING ONGLYZA AND KOMBIGLYZE

Since their approval in 2009 and 2010 respectively, Onglyza and Kombiglyza XR have been under scrutiny after various studies linked them to serious complications. Most recently in 2015, an FDA panel concluded that patients who took Saxagliptin had an increased risk of heart failure. “As a result, [the FDA] have added new Warnings and Precautions to the labels of medicines that contain saxagliptin to inform of the potential increased risk of heart failure.”

The signs of heart failure for men and women differ. While women may experience pain pressure or discomfort in the chest, it is not always as severs or even the most prominent symptom.

WOMEN ARE MORE LIKELY TO EXPERIENCE:

Neck, jaw, shoulder, upper back or abdominal discomfort
Shortness of breath
Pain in one or both arms
Nausea or vomiting
Sweating
Lightheadedness or dizziness
Unusual fatigue

WHILE MEN CAN EXPERIENCE:

Shortness of breath (dyspnea) when you exert yourself or when you lie down
Fatigue and weakness
Swelling (edema) in your legs, ankles, and feet
Rapid or irregular heartbeat
Reduced ability to exercise
A persistent cough or wheezing with white or pink blood-tinged phlegm
Increased need to urinate at night
Swelling of your abdomen (ascites)
Very rapid weight gain from fluid retention
Lack of appetite and nausea
Difficulty concentrating or decreased alertness
Sudden, severe shortness of breath and coughing up pink, foamy mucus
Chest pain if your heart failure is caused by a heart attack

If you’re experiencing any of these symptoms consult with a doctor right away.

WHO IS LIABLE AND WHEN SHOULD AN ATTORNEY GET INVOLVED?

When you are taking medication and have serious complications, the party held liable is the manufacturer of the of the ingested drug and that company should be held liable for all injuries. Both Onglyza and Kombiglyze XR share a common manufacturer, AstraZeneca, a company that made billions of dollars in 2017 alone. Taking on a corporation of that size is an intimidating feat when you’re also struggling with health problems. If you’ve experienced pain or serious complications because of taking Onglyza or Kombliglyze XR, please contact an attorney at Hammers Law Firm today so that we can begin working on reparations on your behalf. If you or someone you love has suffered serious harm due to dangerous drugs, you have the right to pursue compensation. Compensation that we would seek on your behalf could help to cover medical expenses, lost wages, as well as pain and suffering. We have devoted the last four decades to protecting consumers who have suffered serious injuries caused by dangerous pharmaceuticals. We are committed and proud to stand by our clients. If you have been hurt by the side effects of a dangerous medication contact an Atlanta personal injury lawyer from our team for a free consultation.

SHARE, TWEET, UPDATE, REGRAM

Every day new apps are created to increase our communication and connectivity. With one tap you can talk to a friend on the other side of the world and live stream your conversation. Being in constant contact has created an online presence with no walls. You check in at the restaurant you go to on date night, upload a photo of your meal, and “go live” from the concert venue later in the night. Depending on your privacy settings complete strangers can follow your daily routine. We are a sharing society and become more transparent as technology develops. How could this oversharing impact your potential legal claim?

PRIVACY SETTINGS & YOUR CASE

At the outset of any case, the opposing counsel begins their investigation by trolling through your social media accounts to see if there’s anything there that can be used against you. Even if you think you have strong privacy settings, these are only as strong as the weakest link in your friend list. This means that if you’re tagged by someone else who has weak privacy settings, then you are subject to their weaker settings. Before posting anything on any social platform, remember once you post content it no longer belongs to you. Closing your account does not erase the post. More and more courts are allowing discovery into social media accounts, regardless of whether the accounts are public or private. All communication and postings, whether via Facebook, text message, email, phone call log or fitness tracker updates, may be subject to discovery.

Please remember: Do not post any new information related in any way to your claim, injuries or to the case generally on any social media or internet site, even if that site is “private” or only shared with friends and family. Even if you are commenting/posting in a “members only” chat room or website, this can be used against your case. Any information that is currently posted or otherwise available on the internet should be preserved even if you change your privacy settings.

TAKE A HIATUS

Limiting updates on social media during your case is the best way to avoid these potential pitfalls. Social media posts are a type of evidence you have the duty to preserve. View it as a public diary that can be admissible in court. Even the smallest actions can be construed as inconsistent with certain claims. When in doubt, check with your lawyer about what is and isn’t appropriate. To consult with an intake specialist about a potential claim, call for a free consultation today.

It’s “Summertime and the living is easy.” You’ve saved up vacation days and are ready to head out of town to relax with family, friends, or to explore on your own. Perhaps you’re taking a cruise around the Caribbean or backpacking in Peru, maybe you’re going down to Florida to soak up some sun and enjoy the beach life. Your bags are packed and your plans are set, but have you given thought to what you would do if you were hurt or in an accident while away from home? What should you do if you’re in an accident because of someone else’s negligence while traveling?

KEY TERM

The bulk of the tourism industry falls under the category of a common carrier. A common carrier is a person or company that transports goods or passengers on regular routes at set rates. An example of this would be a bus tour, passenger jets, even amusement parks in some states, such as California. Common carriers are held to a higher standard of carrier than ordinary carriers, such as individuals. The law provisions that common carriers are liable to any person injured for the full amount of damages unless they can prove that the loss happened in consequence to an Act of God or by the act of the owner of property (June 19, 1934, ch. 652, title II, §?206, 48 Stat. 1072). To hold the carrier liable, you must prove negligence and to do so you’ll need to provide evidence.

POTENTIAL EVIDENCE

Any time you’re involved in an accident it’s important to keep a record of everything that occurred and to gather as much as evidence as possible. To pursue a claim, you’ll need to prove that the carrier breached its responsibility to the injured party. Such proof is key in a negligence claim and can include any of the following:

Expert witness testimony: The plaintiff may use an expert witness to explain how an injury was caused by the carrier’s supposed negligence. The carrier can also use expert witnesses to prove they acted in a reasonable manner.
Eyewitness testimony: A fellow passenger of a tour bus, for example, may have personally witnessed the bus driver sneaking drinks from a flask prior to an accident.
Negligence per se: A cruise ship knowingly circumvents Coast Guard regulations, for instance, resulting in passenger injuries.
Images: A photograph of a particularly steep and potentially dangerous staircase on a cruise ship, in the absence of signage warning passengers, might provide important evidence of a carrier’s failure to warn.
Inspection records: If an airplane’s inspection records urge the installation of new landing gear, but the carrier ignores this, the carrier could be held liable for any injuries related to a landing gear failure.

Determining who is liable for these incidents may seem simple at first, but it is not always clear. In the instance of an injury while on a tour bus, there are a host of entities that could be found liable. The tour company may have contracted the bus service, and the bus service contracted the bus drivers. Multiple parties can be held liable for contributory negligence if they are at least partially to blame for the injury-causing accident. “The idea is that an individual has a duty to act as a reasonable person. When a person does not act this way and an injury occurs, that person may be held entirely or partially responsible for the resulting injury, even though another party was involved in the accident.”

Claims that involve more than one party or when you’re going against a large company can be complicated and time-consuming. Knowing how to begin, and determining which parties are responsible can be difficult. In the long run, having someone on your side will save you time and money. When you call Hammers Law Firm you can talk directly to a claims specialist to discuss your accident and learn how to go about seeking compensation.

On May 2, 2018, Governor Deal signed the Hands-Free Georgia Act into law. The new law makes holding cell phones, sending or reading a written communication, and watching or taking videos while driving illegal. For operators of commercial vehicles, there are additional restrictions. The law makes it illegal for commercial motor vehicle operators to reach for a device in a way that requires them to no longer be seated in a driving position or properly restrained. The fines for these offenses are low but with each violation, your driving record will be affected. First-time violations will have one point added to your license and be fined $50; second-time violations will add two points and be fined $100; a third or any subsequent violations will add three points and be fined $150. In Georgia, a driver who gets 15 points in a 24-month period will have their license suspended. However, for first-time violators of the Hands-Free Law, if you go to court and show a hands-free device or proof of purchase of a hands-free device, the trial court is required to find the driver not guilty of the charges. This is a one-time only use privilege. While debated by lawmakers, under the new law you will still be able to: talk or text using a hands-free device, wear a smartwatch, use a GPS or mapping app, and use a radio to communicate.

A FEW EXEMPTIONS

Those excluded from the law include police officers, firefighters, emergency personnel, or utility employees responding to a utility emergency. Additionally, drivers are exempted under specific circumstances. If you are experiencing an emergency or are reporting an emergency the law permits drivers to use a cell phone. Emergencies, in this case, are classified as reporting an accident, medical emergency, fire, crime, or a hazardous road condition to authorities. If you are in a motor vehicle that is lawfully parked, you would also be exempt from the new law.

On Thursday, May 24^th, a California jury found that Johnson & Johnson should pay $4 million in punitive damages along with $21.7 million to Joanne Anderson after she developed malignant mesothelioma because of long-time exposure to asbestos in Johnson & Johnson products. Even after this most recent verdict, J&J continues the assertion that their products don’t contain asbestos or cause cancer, bringing in scientists and other experts. Carol Goodrich, J&J spokesperson said that the company plans to appeal the verdict. “We will continue to defend the safety of our product because it does not contain asbestos or cause mesothelioma,” she said. During their deliberations, the jury requested that the defendants add a warning label on their products. While that was not something that they could enforce, Anderson’s attorney hopes that “‘these verdicts help J&J see what the rest of us do.’ “’They are selling cancer-causing powder for use on the most helpless of us — children.’”

Studies investigating the dangers of talcum powder date back to the 1970’s. The talc mineral found in popular products, including Johnson & Johnson’s Baby Powder and Shower to Shower, is composed of silicon and hydrated magnesium. However, talc’s purest form has been associated with asbestos and other carcinogens due to the mineral’s proximity to mining environments. Likewise, the American Cancer Society has conducted studies linking the use of talc products to ovarian cancer, lung cancer, and endometrial cancer. These seemingly apparent risks associated with the continual use of talc-based products have prompted victims and their families to demand talc product manufacturers, like Johnson & Johnson, to provide warning labels on these products to inform consumers of the potential health risks they face when buying these products.

In April of this year, a New Jersey jury slammed J&J and Imerys Talc America Inc. with $80 million in combined punitive damages after finding that companies acted with reckless indifference by selling asbestos-containing talcum powder that contributed to a Stephen Lanzo’s III development of mesothelioma. Credibility has been called into question on the company’s “experts” throughout these court trials. In Lanzo’s case, his attorney asserted during the closing argument that J&J only used testing methods that would not detect asbestos. In the early 1990s William Longo, materials science and electron microscopy expert for J&J, testified that he tested for a specific kind of asbestos and could not detect the asbestos in certain bottles based on his method, note that the bottles he tested did not contain asbestos. “As for quantifying the amount of asbestos, Longo estimated that a bottle of baby powder contained millions of asbestos fibers. Longo testified that when a particular test revealed even one fiber, “that actually means that the bottle itself is filled with millions and millions of fibers.”

Frontal airbags have been required in all new passenger cars since the 1999 model year. What happens when the devices that are installed to protect us from injury actually inflict it? The Takata Recall has been ongoing for three years but many vehicles are still affected. With Takata filing for bankruptcy and a reported delay in inflator-replacement kits, when will we see an end to this recall?

TAKATA RECALL BACKGROUND

The Takata airbag recall prompted one of the largest recalls in U.S. history with 37 million vehicles falling under the recall. In 2015, the NHTSA established various deadlines for automakers to complete replacements of the potentially explosive airbags. By the end of 2017, none of the 12 automakers that sold the airbags with the most dangerous recalls met the first deadline. The recalls were to begin in phases based on the vehicles’ locations and ages. According to an article from Consumer Reports, “the Takata inflators seem to be vulnerable to persistent high humidity and high-temperature conditions, such as in Florida, Georgia, South Carolina, the Gulf Coast states, Hawaii, and island territories.” In some cases, the airbag’s inflators have ignited with explosive force. If the inflator housing separates during a crash, metal shards from the airbag can spray throughout the vehicle—a potentially dangerous outcome from these life-saving devices. Still, 7 million of the roughly 20 million airbags in the highest-priority groups have yet to be replaced according to the NHTSA. The Takata airbags were mostly installed in cars from the model year 2002 – 2015.

HOW WILL THIS AFFECT ME?

There are over 30 automakers that used Takata airbags and fall under the recall list. From Tesla to Honda, there is a wide range of models affected by the recall. Beginning December 2019, additional airbags are scheduled to be recalled bringing the total number of affected airbags to 65 – 70 million. To stay in the know about new recalls, you can sign up for Recall Alerts and make sure your address is correct on your registration, so you will be notified. The NHTSA has an ongoing list of these models but to get the most up to date information you need to subscribe to the recall list. Any vehicle recall is serious and affects the safety of you and your passengers. The NHTSA estimates that as of 2015, frontal airbags have saved 44,869 lives. Takata stated in June of 2015 that it was aware of 88 total ruptures out of, what they calculated, over 1.2 million airbag deployments over 15 years. Of these ruptures, “fifteen fatalities and more than 100 injuries have been linked to the Takata airbags, and in some cases, the incidents were horrific, with metal shards penetrating a driver’s face and neck.”

NEXT STEPS

With demand for the replacements so high, Takata has involved other major parts distributors such as AutoLiv, TRW, and Daicel in their production of replacement inflator kits. They expect that while using only half of the competitor’s products in current kits, that number will reach more than 70 percent in years to come. As of January 2018, the NHTSA says that the airbag shortages have been significantly reduced. By ramping up the production of the airbag kits, Takata has been able to produce a million replacement kits a month. Even with this increase, the reality is that some airbags may have to be replaced a second time, stretching the recall into an incalculable amount of years to come. While the NHTSA indicates that the inflators are vulnerable in high humidity areas there have been confirmed deaths outside of the priority recall area and they should not be ignored. The NHTSA organized the U.S. into three zones as follows:

Zone A includes Alabama, California, Florida, Georgia, Hawaii, Louisiana, Mississippi, South Carolina, Texas, Puerto Rico, American Samoa, Guam, the Northern Mariana Islands (Saipan), and the U.S. Virgin Islands.

Zone B includes Arizona, Arkansas, Delaware, District of Columbia, Illinois, Indiana, Kansas, Kentucky, Maryland, Missouri, Nebraska, Nevada, New Jersey, New Mexico, North Carolina, Ohio, Oklahoma, Pennsylvania, Tennessee, Virginia, and West Virginia.

Zone C includes Alaska, Colorado, Connecticut, Idaho, Iowa, Maine, Massachusetts, Michigan, Minnesota, Montana, New Hampshire, New York, North Dakota, Oregon, Rhode Island, South Dakota, Utah, Vermont, Washington, Wisconsin, and Wyoming.

WHEN TO CONTACT AN ATTORNEY

If you or someone you know how been affected by the Takata recall you should contact an attorney as soon as possible. Having an experienced personal injury professional review your case is as easy as a phone call.

In the United States, 1 in 10 elders reported emotional, physical, or sexual abuse in the past year. Elder abuse is defined by the CDC as an intentional act, or a failure to act, that creates a risk of harm to an older adult (someone who is 60 or older). Many cases of nursing home abuse go unreported as those being abused are afraid or unable to tell the police or family about the violence. Victims must decide if they should report the crime or continue to be abused by someone they depend on for care or for whom they care for deeply. We have a responsibility to our elders to treat them with respect and ensure that they receive the care they need. Part of that responsibility includes staying informed on what elder abuse is and the signs of a dangerous situation. If you know someone that has been abused while at a nursing home, you should contact a lawyer right away. Protecting their rights is our primary objective.

WHAT IS ELDER ABUSE?

Elder abuse typically occurs at the hands of a caregiver or a person the victim trusts. The effects of the abuse may be minor physical injuries that go unnoticed, but others can lead to lasting disabilities. These include head injuries, broken bones, and soreness. These longer lasting physical injuries could contribute to wrongful or premature death. Emotional abuse shows itself in the victim feeling fearful or anxious and wary of future caregivers. According to the CDC, there are five forms of elder abuse: physical, sexual, emotional or psychological, neglect, and financial abuse or exploitation.

Physical Abuse: any intentional use of force that results in chronic illness, bodily injury, functional impairment, distress, or death. Physical abuse may include (but is not limited to) striking (with or without an object as a weapon), scratching, choking, biting, suffocation, pushing, shoving, slapping, pinching, burning, kicking.
Sexual Abuse: forced or unwanted sexual interaction (touching and non-touching acts) of any kind with an older adult. These acts also qualify as sexual abuse if they are committed against a person who is not competent to give informed approval.
Emotional or Psychological: verbal or nonverbal behavior that results in mental pain, fear, or distress. Examples include behaviors intended to humiliate (e.g., calling names or insults), threaten (e.g., expressing an intent to initiate nursing home placement), isolate (e.g., seclusion from family or friends), or control (e.g., prohibiting or limiting access to transportation, telephone, money or other resources).
Neglect: failure by a caregiver or other responsible person to protect an elder from harm, or the failure to meet needs for essential medical care, nutrition, hydration, hygiene, clothing, basic activities of daily living or shelter, which results in a serious risk of compromised health and safety. Examples include not providing adequate nutrition, hygiene, clothing, shelter, or access to necessary health care; or failure to prevent exposure to unsafe activities and environments.
Financial Abuse or Exploitation: the illegal, unauthorized, or improper use of an older individual’s resources by a caregiver or other person in a trusting relationship, for the benefit of someone other than the older individual. This includes depriving an older person of rightful access to, information about, or use of, personal benefits, resources, belongings, or assets. Examples include forgery, misuse or theft of money or possessions; use of coercion or deception to surrender finances or property; or improper use of guardianship or power of attorney.

RISK FACTORS FOR PERPETRATION & PREVENTION

Identifying and understanding prevention methods is just as important as identifying risk factors. The CDC identifies three levels of protective factors for perpetration: relationship level, community level, and institutional level.

Relationship Level: having numerous and strong relationships with people of varying social status is encouraged. This way the elder is not becoming totally dependent on one person.
Community Level: a strong sense of community, and coordination of resources among community organizations that serve the elderly.
Institutional Level: institutions can utilize monitoring systems, regular training on elder abuse and neglect for employees, encouraging visits by family members, volunteers, and social workers.

Having the elder connected with more than one person is the simplest way to help to identify potential risks. On a personal level, there are several factors that can increase the risk of someone harming an older adult. Some of these risk factors include, but are not limited to:

Using drugs or alcohol
High levels of stress, hostility or ineffective coping mechanisms
High emotional or financial dependence on the older adult
Lack of training in caring for an older adult
Exposure to abuse as a child

NURSING HOME ABUSE IN GEORGIA

The number of seniors in Georgia is rising quickly— “in metro Atlanta, the number of people over 60 quadrupled between 1970 and 2015.” While Georgia state agencies have increased efforts to address the rampant elder abuse ten percent of the elder population is a victim of physical or financial abuse. Unlike states such as Tennessee or New Hampshire, Georgia does not have an elder abuse registry. Having a registry would help everyday Georgians make decisions about the care and needs of their loved ones. Heather Strickland, the GBI’s assistant special agent describes it simply, “Say your mom needs someone to come in and do some work on her house,” she said. “It would be nice to have a database where someone could go in it and see if (a person) who knocked on her door if he had ever been convicted of financial exploitation or abuse or neglect of an older person.”

Although a registry has yet to come to fruition, Governor Deal signed a new law on May 7, 2018, that will require Georgia nursing home and other long-term care workers to submit to more extensive national background checks. The law entitled “Georgia Long-Term Care Background Check Program” will take effect on October 1, 2019, and “is intended to promote the public safety for a growing and vulnerable aging population.” Measures to conduct a more extensive background check on current employees that includes a new fingerprinting requirement, won’t go into effect until January 2021. Currently, caretakers in Georgia only submit to a name-based background check limited to crimes that were committed in Georgia. At best this offers limited protection to our aging population. Any criminal background information from another state or one who is using an assumed name would not be uncovered. “The enhanced background check requirement would more comprehensively incorporate reviews of the FBI database, state and national databases of criminal records, the nurse aide registry, and state sex offender and other registries.” For facilities that do not comply with the new law, the violations can range from monetary penalties to a license revocation. Facilities will be fined $500 per day they do not comply, up to $10,000. The exposure faced by the facility extends from the time they knew or should have known that the employed person had a criminal record until the date the individual’s employment is terminated.

CALL FOR A FREE CASE REVIEW

Hammers Law Firm is passionate about protecting the rights of the injured and the wronged, and that includes residents of nursing homes and assisted living facilities who have suffered preventable harm as a result of abuse, neglect, or dangerous products. If you believe you or your loved one has suffered harm as a result of another’s misconduct or neglect, our experienced Atlanta personal injury lawyers are ready to fight for the justice and financial compensation you deserve.

Announced today, July 20, 2018, Bayer will phase out the Essure birth control device in the United States by the year’s end. The Essure device had already been taken off the shelves worldwide after Bayer’s announcement in September 2017. Doctors, however, will be able to use the devices during 2019. They will be asked to return the unused devices by the end of 2019.

In the fall of 2017, the FDA released a report that showed a 70% decline in sales and required Essure devices to add a warning label. Earlier this year, the U.S. FDA issued an order to restrict the sale and distribution of the contraceptive due to women not being sufficiently informed of the risks of Essure before undergoing the implantation procedure.

Bayer continued their narrative and said the decision to pull the device was unrelated to safety concerns but rather due to a major decline in Essure sales. “The benefit-risk profile of Essure has not changed, and we continue to stand behind the product’s safety and efficacy, which are demonstrated by an extensive body of research,” Bayer’s statement said.

Bayer is facing over 16,000 lawsuits in regard to Essure’s health risks and terrible consequences. Claimants say the device has pierced fallopian tubes, migrated into other body parts, caused severe pain and bleeding, induced nickel allergies, caused depression, and led to unwanted pregnancies. These women allege Bayer was aware of these dangers and failed to educate doctors, sellers, and patients on those risks. The number of lawsuits continues to grow.

If you were one of the two million women implanted with one of these dangerous Essure devices and you are experiencing any of the symptoms listed above, please see your healthcare provider immediately. Then, reach out to our defective device team at Hammers Law Firm. We are here to hold Bayer accountable and get you the compensation you deserve.

LANZO CASE UPDATE

On Friday, a New Jersey State judge upheld a verdict totaling $117 million in damages against Johnson & Johnson and its talc supplier over claims that Lanzo’s decades-long exposure to asbestos-containing talcum powder contributed to his mesothelioma. When seeking to overturn the verdicts, the defendants argued that the talc products did not contain asbestos. The Lanzos countered that their experts had provided ample evidence of the asbestos and stressed that J&J used tests “that would only detect asbestos above a certain threshold.”

JOANNE ANDERSON

Studies investigating the dangers of talcum powder date back to the 1970’s. The talc mineral found in popular products, including Johnson & Johnson’s Baby Powder and Shower to Shower, is composed of silicon and hydrated magnesium. However, talc’s purest form has been associated with asbestos and other carcinogens due to the mineral’s proximity in mining environments. Likewise, the American Cancer Society has conducted studies linking the use of talc products to ovarian cancer, lung cancer, and endometrial cancer. These seemingly apparent risks associated with the continual use of talc-based products have prompted victims and their families to demand talc product manufacturers, like Johnson & Johnson, to provide warning labels on these products to inform consumers of the potential health risks they face when buying these products.

STEPHEN LANZO

WHEN TO INVOLVE AN ATTORNEY

Recent Update

Last week, an Arizona federal court denied Bard’s request for a new trial or judgment on the April verdict. The company argued that the “evidence underpinning the award was lacking and called the verdict ‘irreconcilably inconsistent,’ since the jury sided with plaintiff Sherri Booker on a negligent failure to warn claim but not on a nearly identical strict liability failure to warn claim.” District Judge David G. Campbell disagreed with Bard’s arguments calling them off-base. Not only was there sufficient evidence in the trial but the jury was within its rights to distinguish the two claims and find fault in one and not the other. Booker’s trial was the first bellwether trial over Bard’s IVC filters. Bellwether trials are used to give attorneys on both sides of the issue assess the relative strength or weaknesses of the claims, acting as a guide for attempts to forge a settlement.

The Verdict

Earlier this year, a woman was awarded over $3 million after sustaining injuries from an IVC filter. The verdict comes almost four years after she initially suffered complications from the medical device. Jurors found the manufacturer 80% responsible for the device complications.

Booker accused the filter’s manufacturer, C.R. Bard, of failing to warn doctors of the high failure rates of the medical device. A federal jury in Phoenix ordered C.R. Bard to pay $2 million for failure to warn about the device’s dangers and an additional $2 million in punitive damages. Approximately $400,000 of that will be “shouldered by the radiologist who missed clear signs that the G2 filter was beginning to fracture when he X-rayed Booker earlier in 2009.” Booker’s attorney believes that “Bard’s failure to tell physicians what they knew about the failure of the product they were marketing and selling,” played a key role in the jury’s decision on an amount for punitive damages.

Contact an attorney

There are 3,639 pending lawsuits involving injuries sustained from IVC filters against C.R. Bard as of March 15. This trial was not only a win for the Plaintiff but also marks progress in litigations involving C.R. Bard, providing a guide to upcoming settlement negotiations.

If you have sustained a personal injury from C.R. Bard’s IVC filter and still have the filter implanted, seek follow up imaging from your medical providers. This imaging can be critical to determining if your IVC filter is tilted, fractured, embedded, or perforated. Not only can this imaging strengthen your case, it may also prove to be lifesaving or help deter serious injury. If you or a loved one has suffered a personal injury as a result of a faulty medical device, call one of our attorneys at Hammers Law Firm. We’re committed to holding medical manufacturers responsible.

Suffering the death of a loved one is an invariably painful and emotionally devastating experience. The trauma of this loss is compounded exponentially when the causes leading to harm could have been avoided. If your loved one passed away because of the negligence of another party, whether it is another individual or a business, you may be entitled to compensation. In law, these cases are known as wrongful death suits. This article will give you a brief overview of which circumstances can lead to a successful wrongful death suit and what steps you should expect to follow moving forward, if you decide to pursue this route.

What Constitutes Wrongful Death?

In order for a party to file a wrongful death suit, the plaintiff must claim that the death in question was caused by an intent to harm or the negligence of the defendant. This is a broad set of criteria that can include cases of:

Medical Malpractice
Murder
Manslaughter
Auto Accidents
Exposure to hazardous materials at work

It is important to note that in these cases, the act of prosecuting a defendant for criminal charges does not preclude family members from also suing that same defendant in a civil wrongful death suit, once the criminal case has ended.

There are a number of reasons for families to choose to bring civil wrongful death suits in addition to criminal charges. In the latter, the state’s prosecutor wields discretion over the scope and direction of the case. In civil matters, the plaintiff works directly with a lawyer to decide which direction to pursue. Also, the burden of proof is lower in civil cases than it is in criminal ones. For instance, a plaintiff is only required to prove that the defendant “should have known better” in some scenarios, thus negating the role of intentionality. In addition:

Civil wrongful death cases may result in substantial compensation for the aggrieved party.
It is possible for juries to reach not guilty verdicts in criminal cases, yet find the same defendants responsible for monetary damages in civil cases.

Perhaps the most notable example of this dichotomy was the O.J. Simpson criminal and civil cases for the murder of Nicole Brown and Ron Goldman. Famously, Mr. Simpson was found not guilty when he faced criminal charges for their murders. But, the Brown and Goldman families initiated a wrongful death civil suit, in which they were awarded a $25 million punitive award from the jury.

Who can File a Wrongful Death Civil Suit?

There are a few different people who can file a suit. Obviously, the subject of the suit will not be able to bring charges themselves in wrongful death lawsuits, as opposed to other personal injury cases. Therefore, the spouse is usually the first party to pursue legal action. If the spouse is not able or willing to sue, then the children of the deceased may do so instead. If there is no living next of kin, then the individual with power of attorney over the deceased’s estate may initiate legal action.

How is Compensation Determined?

In Georgia, there are a number of factors that juries will consider when determining the size of wrongful death damages, such as:

Lost income from the deceased, including projected future earnings.
The kind of non-quantifiable pleasures that families enjoy, like quality time spent together and the ability of parents to care for a child’s social, emotional, and physical health.
Funeral expenses.
Medical expenses.
Whether or not the deceased suffered physical or emotional trauma before death.

Each one of these factors may play a pivotal role in a jury’s deliberations. In my experience, juries are more likely to find defendants liable in civil cases than they are in criminal ones. That is likely because the stakes are lower. It is easier for 12 people to agree on ordering an individual to pay for lost wages than it is to mandate that someone serve time in prison. With juries more likely to return verdicts that favor plaintiffs’ cases, the likelihood that families or estates receive compensation for their losses also increases.

Contact a Skilled Wrongful Death Lawyer in Georgia

Families dealing with the loss of a loved one face enormous emotional challenges. At Hammers Law Firm, our goal is to ensure that the families we represent are able to find justice before the law so their troubles are not compounded by financial difficulties. We are here to help in your time of need. That is an honor that we take seriously. Call today to speak with one of our experienced wrongful death lawyers.

There are few activities more gratifying than taking your boat out on the water. Maybe it is a pontoon boat you have on a lake. Maybe it is a speedboat that you take out on the bay or a yacht that can take you pretty much anywhere. Whatever your destination and purpose, boating is an exceptional time for peace, relaxation, recreation, and fellowship with friends and family. It should not be a time of anxiety and injury. Unfortunately, some trips end in disaster. There are many reasons why this may occur. If you experienced an accident that caused harm in some way, and you believe that harm was caused due to another party’s negligence, then you may be entitled to compensation. Keep reading this blog to learn more about what options you have moving forward in your pursuit of justice.

Negligence

At the heart of any boating accident case, there must be harm caused due to someone’s negligence, or in some cases, malice. The most obvious example of negligent behavior that could lead to a lawsuit is an operator’s error to navigate the waters safely. There are, however, other forms of negligence that could come into play during a lawsuit. Some of those include:

Defective parts of a boat
Drug or alcohol impairment while operating a water vehicle

As you can see, “negligence” can apply to more than just an individual operator’s actions at the time of the accident. If a company, for instance, knowingly used defective parts when assembling a product, then that company may be held liable for the damages you have suffered. In extreme cases, boating accidents can lead catastrophic injury or wrongful death suits. In those cases, civil suits may be sought in addition to criminal charges.

Criminal Versus Civil Cases

Let’s say that a boat operator was under the influence of alcohol and caused a crash with another vehicle that resulted in the death of someone on board. That would almost certainly lead to some type of criminal case. We are all familiar with what those look like from popular media. There would be a prosecutor who would either accept a plea deal or try that individual in court. The defendant would likely serve time in jail and/or have to pay a fine. In addition to criminal charges, families of the lost loved one may choose to pursue a civil case, as well, in this case, a wrongful death lawsuit.

The purpose of civil cases is to provide the surviving family monetary compensation for:

Medical expenses
Funeral expenses
Lost wages
The loss of intangible benefits, like emotional support

Civil cases, just like criminal ones, usually involve juries. Because these lawsuits do not involve potentially sending someone to jail, some attorneys believe that juries assigned to these cases are more likely to find defendants liable. Also, if you believe the cost of bringing a lawsuit may be prohibitive, keep in mind that many law firms charge “contingency fees” for their services. This means that they will only receive compensation if your case has a successful outcome, whether by settlement or trial.

At Hammers Law Firm, that is the compensation model that we employ. In our view, that is the fairest system for our clients.We believe that those who have already suffered should not expect to assume additional risk while navigating the legal system. Also, in my experience, I believe that families and individuals who pursue civil cases for injuries suffered appreciate that decision later in life. The pursuit of justice is a desirable end in itself, in addition to the monetary compensation that will help make up for the pain and suffering you have experienced.

Contact an Experienced Legal Team Today

At Hammers Law Firm, we have the experience, expertise, and tenacity to bring your case through the legal system to a successful conclusion where you receive the compensation you deserve. If you have been in a boating accident as the result of someone else’s negligence, then you have experienced horror when you should have enjoyed relaxation. You have suffered injuries when you should have had peace-of-mind. Those experiences are unfair, plain and simple. But, there is a way to make up for those experiences, and that is by pursuing justice. If you are ready to speak with a legal team that will fight tooth-and-nail on your behalf, then contact us today.

Choosing an attorney to represent you in a wrongful death lawsuit is an important decision to make because the stakes are incredibly high. Consider, for example, that wrongful death suits can determine whether you are compensated for:

Medical bills
Funeral Expenses
Lost wages
The loss of parental support and companionship

And these are just to name a few. The right attorney will help ensure that you collect every cent you deserve. No amount of money will bring back your loved one, but there is no reason to compound your problems when facing such a traumatic loss. You deserve to be in a position to begin rebuilding your life without worrying about how you will afford life’s essentials. Keep the following tips in mind when making your selection.

Experience

While there is something to be said about an up-and-comer trying to make his or her mark, there truly is no substitute for experience. You want your lawyer to know the ins-and-outs of every relevant wrongful death statute and ruling in Georgia and your attorney to have relationships with judges and other legal actors. You want to make sure that your attorney has negotiated settlements successfully on behalf of his or her clients before. Basically, you want to know that your advocate is the real deal. There is only one sure-fire way to ensure that he or she is: experience. You will benefit from the substantial experience that the attorneys at Hammers Law Firm bring to bear on behalf of their clients.

Price

While price is an important consideration, it is wise to put this one in context. There are a couple different ideas to consider here. First, you are talking about a case that is going to determine how much money you receive over an extended period of time, perhaps for the rest of your life. With those kinds of stakes at play, it would be foolish to sacrifice on the quality of your representation just to save a quick buck. Second, the attorneys at Hammers Law Firm work on the “contingency fee” model. That means that they only get paid if you win. They have taken all the risk out of the equation for you. If you have a strong case, then you should by all-means think about pricing. But, remember that the quality of your attorneys will help determine the amount of your potential income for years to come.

Rapport

This is one of those intangible dynamics that can make-or-break a client’s relationship with his or her attorney, and by extension, the very case itself. The attorney-client relationship is a special one. Indeed, whatever is communicated between those two parties is held in confidence under the law. Therefore, it is within your best interest to tell your lawyer everything, and I mean everything, that could be even remotely relevant to your case. Trying to protect your own reputation by withholding information that you deem embarrassing could easily torpedo your case. Hide nothing from your counsellor. If you and your attorney have good rapport, then this task becomes infinitely easier. If you connect with your advocate on a non-judgmental level, then hopefully the communication will flow like honey, and that is the key to any healthy relationship.

Strategy

You want to make sure that your lawyer has a coherent game-plan. In your initial consultation, do not be afraid to ask about what kind of strategy your attorney might be interested in pursuing. Strategic planning is an absolutely essential element of any successful case or settlement. Knowing which paperwork to file, how and when to negotiate, how and when to ask for more or less are incredibly important considerations to make. Trust me, you do not want your attorney flying by the seat of his or her pants and leaving you hanging out to dry.

Contact the Right Legal Team

If you are planning to pursue a wrongful death suit in Atlanta, then contact the legal team at Hammers Law Firm today. They exceed each one of the benchmarks discussed above. For a strategic, communicative, affordable, and experienced firm, look no further. Remember, potential income for perhaps the rest of your life depends on this decision. Do not leave it to chance and do not leave it to amateurs. Instead, leave it to the experienced wrongful death lawyers at Hammers Law Firm.

In July of 2018 Bayer announced that it would discontinue the sale of Essure medical devices by December 31, 2018. If you have suffered side effects associated with an Essure implant, talk to an attorney at Hammers Law Firm today as you may be eligible for compensations.

Marketed as a “permanent contraceptive”, Essure is a non-surgical sterilization device consisting of two metal coils that are inserted through the uterus and placed in the fallopian tubes causing scar tissue to form, and permanently closing the fallopian tubes. While most prescription drugs and medical devices come with risks for adverse reactions, more than 16,000 lawsuits have been filed over Essure, “with women citing complications like migraines, hair loss, organ perforation and even unintended or dangerous pregnancies,” according to ConsumerSafety.org. In 2017 alone, nearly 12,000 adverse events were reported to the FDA regarding Essure.

At Hammers Law Firm, we’re committed to helping injured victims get their lives back on track. A recently released Netflix documentary gives insight into the process of medical device approval that we, as a firm, are trying to change. The Bleeding Edge examines the FDA and the approval process that medical devices undergo before being released.

In 1976, the FDA began regulating approvals for the manufacture of medical devices. Medical devices on the market before 1976 were grandfathered in and went untested by the administration. Through the documentary, the viewer learns of two device approval processes, Premarket Approval (PMA) and Premarket Notification (PMN), called the 510(K) process. According to the FDA’s website “PMA is the most stringent type of device marketing application required by FDA.” To be approved under PMA, the manufacturer must test the medical device on humans, compile the scientific data, and present their findings to the FDA scientists who will decide if the device is safe and effective.

The main concern of critics in The Bleeding Edge is the 510(K) process which allows the release of devices without much clinical testing. Even though new devices are expected to go through premarket approval, some medical companies argue that, with the rate of innovation, “it’s too expensive to send each device through massive amounts of clinical testing.” When manufacturers apply under the 510(K) process, they only need to demonstrate the device is “substantially equivalent” to a device already on the market. Even if the prior device has been recalled, it will not affect the approval of the new device. 98% of devices on the market today were approved under the 510(K) process.

“We assume the FDA has the data they need to crack down on manufacturers that have bad devices or to recall a product, and they don’t have that.” – Madris Thomas, Former FDA Analyst, CEO, Device Events

The Bleeding Edge highlights how often former FDA officials are later hired by medical device companies, and conversely, how often business executives get cushy government positions. An anonymous sales representative from a medical device company lays out the financial incentives used to encourage surgeons to use the company’s products, in saying, “it’s gotten worse over time because of greed”. In 2016 alone, medical companies paid doctors more than $2 billion in grants and incentives for consulting. “The Bleeding Edge isn’t an anti-medical film; indeed, the filmmakers aren’t shouting ’Fire’ in a crowded theater. For them and their subjects, the inferno has already occurred. Now they’re sweeping up the ashes, and warning of new blazes sure to come.”

If you or someone you know has suffered harm in connection with the Essure contraceptive device, please call Hammers Law Firm and speak with an Atlanta Essure lawyer today. Because each state has different statute of limitations, time is of the essence in getting the help you need. Our seasoned legal team may be able to help you recover compensation for the losses you have sustained through the use of the device, including pain and suffering, past and future medical bills, lost wages, and more. We have handled countless dangerous medical device cases in our years of experience and are not afraid to take your case to court to obtain the best results possible.

DON’T DELAY IN REACHING OUT TO OUR FIRM, OR YOU MAY LOSE YOUR RIGHT TO HOLD THE MAKERS OF ESSURE ACCOUNTABLE FOR CAUSING YOUR INJURY. TO SCHEDULE A NO-OBLIGATION, NO-COST CONSULTATION WITH Hammers Law Firm, PLEASE CALL US TODAY AT (678)-846-6900.

Statistics by the National Safety Council show using cell phones while driving accounts for 1.6 million accidents every year. It also shows that one out of four car crashes is caused by texting while driving. These accidents lead to over 300,000 injuries across the United States. These figures are not pleasing which is why many states have implemented a hands-free law. According to a study, 15 states with this law in place have experienced about 16% reduction in car crashes. Georgia recently implemented a hands-free driving law of its own that is expected to reduce distracted driving crashes.

The law did not have the usual 90-day grace period. As of 1st July 2018, all drivers were expected to adhere to it. During the first days, many drivers were let off with a warning. This was a way to give them a chance to learn about the new law. However, police officers are now making arrests to reduce car accidents. If you were in an accident due to a distracted driver, you will need a great car accident lawyer to assist you.

What a Car Accident Lawyer Will Tell You About the New Hands-Free Laws in Atlanta, GA

Smartphones and technology have become the number one distraction for drivers, keeping their eyes off the road. The law prohibits any contact with a phone while driving, with a few exceptions. Your car accident attorney should help you understand the law, so you will not break it. It is essential to familiarize yourself with those laws:

While driving, you are not allowed to hold their phone or support it with any part of their body. If one has to make or receive a call, he or she should use a speakerphone, wireless headset, or earpiece.
A driver is not allowed to read or write any text message, social media content or email while driving. The exception is when using a speech to text application.
One is not allowed to record a video while driving unless it is a continuously running dash camera.
A driver cannot watch any kinds of videos while driving in Atlanta, GA. The exception is when watching navigational videos.
A driver is allowed to listen to music streaming from their phone that does not have any video. However, they are not allowed to touch the phone such as to skip a track or change the playlist. If one needs to change their playlist or anything similar, they should do it before starting to drive. If you find yourself in an accident in which the other driver was in violation of any of these laws, you need an excellent car accident attorney on your side.

Exceptions to the Hands-Free Law

There are some exceptions to the laws outlined above. They apply to:

Medical emergencies, car crashes, crimes or any activity that affects road users.
First responders such as firefighters and police officers when carrying out their official duties.
Utility service providers carrying out their responsibilities when answering emergency calls.
A legally parked car. This does not include when one stops at a red light, stop sign or a roadblock.
There are also other laws governing commercial truck drivers and school bus drivers such as:
Commercial truck drivers are only allowed to touch a phone when answering or starting a call.
School bus drivers should not use wireless communication when dropping or picking up passengers.
The driver can only use a wireless device to communicate with either the school or officers.

Penalties for Breaking the Hands-Free Law in Atlanta, GA

Violators of the hands-free law in Georgia will face the following penalties:

For the first offense, no more than a $50 fine and a point on one’s license.
A second offense in less than two years, a fine of $100 and two points on their license.
For the third and consequent offenses within two years, the fine is $150 and three points on their license. It is important to remember that if you get more than 15 points on your license in less than two years, your license will be suspended.

Call a Car Accident Attorney if You’ve Been Injured by Another Driver Breaking the Hands-Free Law

The new hands-free law is meant to protect you and other drivers from fatal car crashes. At Hammers Law Firm, we are experienced in all road matters. We can help you if you have been a victim of an accident with a distracted driver. Our experienced Atlanta, GA team of auto accident attorneys is always on call whenever you need us.

If you are injured in an incident, then you have the right to seek compensation. However, it is not always possible or obvious to start the process as soon as the event happens. In Georgia, there is a time cap within which you are expected to file any personal injury lawsuit. This cap is called a statute of limitations, and in Georgia it is two years. It is meant to block anyone from filing a lawsuit, even a personal injury lawyer, once the stated time has passed. The law is essential since it makes it easy to investigate and make rulings on injury claims.

There are, however, exceptions to the statute of limitations that your injury lawyer can explain to you. Regardless, it is important to file an injury claim as soon as possible. This is to avoid instances where you are denied compensation. The easiest way to ensure that this doesn’t happen is to consult a personal injury lawyer at Hammers Law Firm.

What a Personal Injury Lawyer Will Tell You About the Statute of Limitations in Atlanta, GA

In Georgia, you have up to two years to file a personal injury claim. This is the case whether it is on your behalf or that of a relative. That is the rule for all injuries caused by an incident due to neglect by the party responsible. You also have two years to file the claim against the government. You have six months to file against the city.

It is crucial that you gather your details and start the process of filing as soon as you can. This allows your personal injury lawyer adequate time to plan and file the claim. The sooner the complaint is made means that there will still be plenty of evidence to support it. It is also more likely that your witnesses are still available. This will help you to have a strong case to support your personal injury claim.

If the window closes before you take your case to court, it may become difficult for you. If you file after this period, it is likely that the Atlanta, GA court will immediately throw it out. The defendant may also request that the court not tolerate your lateness. The court may not listen to your claim.

If you file after two years, your evidence may also become weak. You may lose some witnesses too, so your petition may not make sense even if it is allowed. There are, however, instances where the court may tolerate the late petition through your personal injury lawyer.

What are the Exceptions to the Statute of Limitations in Georgia?

There are individual cases when the court may delay the statute. They include:

If the affected person was a minor at the time of the incident. The law becomes active once the child turns 18 years.

If the injured person was incapable of filing a suit due to mental illness or disability. The statute won’t apply till the person is declared competent to file for compensation.

If the injuries were not discovered within the two-year period and proves the injuries were as a result of the incident, the court may allow it.

If the injured person had to leave the state for reasons such as seeking further medical assistance. In case the wounded cannot return in time to file the claim, the court may extend the window. It means there is no consideration for the period when the victim was away.

There are other instances when the court may allow you to file a claim even after the statute period. Your Atlanta, GA injury lawyer is in a great position to analyze your situation and give advice accordingly.

Call a Personal Injury Lawyer for Advice on Your Case

In any personal injury claim, the most important thing to have is an excellent injury lawyer. Once you inform him or her of your incident, he or she will advise on the statutes and start working on the claim. Contact us at Hammers Law Firm for a free consultation and allow us to get you the compensation that you deserve.

Car accidents happen for a variety of reasons. You may have a rear-end car accident or be sideswiped without warning. These accidents can lead to injury that is often severe and painful. You deserve compensation when involved in a car accident that was not your fault. Car accident lawyer can help.

While many injuries are minor after a car accident, they are often painful and need medical treatment. You can receive compensation from a driver that hit you and caused your injuries. In there is insurance, you do not have to pay your medical bills on your own. Negligent drivers should pay your damages including medical bills, lost wages, and property damages.

A car accident lawyer can help you understand if your injury deserves compensation. To help, these are the most common types of injuries caused by a rear-end car accident in Atlanta, GA. This can help you assess your injuries and determine if you have a lawsuit that will pay damages for your injuries.

1. Whiplash

Whiplash is the most common injury associated with an Atlanta, GA rear-end car accident. This type of injury most often happens when you least expect it. A driver that hits you from behind can cause severe neck injuries that result in whiplash. There is an injury to the soft tissue of the neck as your head violently moves forward and back without control. Because you are not expecting the hit, the impact of the rear-end car accident can happen quickly and without warning. Often times, the pain associated with whiplash does not present itself until the days later. You do need medical treatment if you have whiplash and will need time to recover.

2. Back Injuries

Back injuries are another type of injury caused by a rear-end car accident in Atlanta, GA. These injuries can happen even at low speed when hit from behind. The impact from the crash can cause your spine and back discs to compress which can result in severe pain. The pressure on your back from being hit from behind is often severe. You will need to seek medical help when you have a back injury. You may be unable to perform your job functions and need significant time to heal from a back injury caused by a rear-end car accident. Sometimes, these back injuries last your entire life or need corrective surgery to repair.

3. Airbag Injuries

While airbags are designed to protect you from the impact of a car accident, they can also cause severe injury. The force of the airbag deploying can break bones in your body. It may cause burns or scarring. Airbags do not deploy in most instances unless the accident is at a higher rate of speed. Most rear-end car accidents that cause the airbags to go off are at 20 mph or more. These are significant accidents that can leave severe injuries. You will need to get the assistance of a medical professional to treat an airbag injury.

4. Spinal Cord Injuries

Nothing is scarier than a spinal cord injury. These injuries are often the result of a rear-end car accident in Atlanta, GA. Therefore when these types of accidents occur, it can cause damage to the spinal cord that can affect the brain. This can lead to paralysis of a limb or the body entirely. It is difficult to know if these injuries are permanent or if recovery can happen. Anytime the brain is affected by a rear-end car accident, the injuries are devastating and severe. There is no way to know the outcome of a spinal cord injury until a medical professional has diagnosed your situation.

5. Head and Brain Injuries

Like a spinal cord injury, head and brain injuries need immediate medical care. When the injury to the head happens in a rear-end car accident in Atlanta, GA, it can create a range of symptoms. You may lose consciousness, have a concussion, experience dizziness, have fatigue, experience confusion and disorientation, or have impaired speech. These injuries often become worse over time, and it is difficult to determine the extent of a head or brain injury. Even if you feel OK after a rear-end car accident where a head injury occurs, you need to see a physician to treat your injuries. Head injuries need serious attention to avoid further damage that can make your injury even worse.

6. Facial Disfigurement

Facial disfigurement can happen easily in an Atlanta, GA rear-end car accident. Objects in your vehicle become weapons when involved in a car accident. They can strike your face and caused facial disfigurement. You may hit your face on the windows, windshield or dashboard. This can cause a broken nose, jaw, cheek or eye socket. The medical treatment that is required to repair a facial disfigurement is extensive. You may need several surgeries to repair a facial disfigurement and require long-term medical attention.

7. Wrist and Arm Injuries

Another common injury that drivers face when involved in a rear-end car accident in Atlanta, GA is a wrist or arm injury. Because a rear-end car accident happens most times without warning, drivers try to brace themselves against the steering wheel with their hands. This tense hold can cause the wrist or arm to snap and break. Arms could have sprains, and bones can break because you are holding yourself at attention as the vehicle is hit from behind. This sudden movement causes a severe impact on the wrist and arms that are focused on driving the vehicle at the time of the accident. You will need to see a medical professional for a wrist or arm injury and should do so immediately.

8. Seat Belt Injuries

As safe as seatbelts are, they can cause injury in an Atlanta, GA rear-end car accident. Because the car hits you from behind, your seatbelt will increase its tension and hold you in place to prevent you from going through the windshield. This can cause bruising and cuts to your body. You may have injuries to your internal organs or lacerations to the areas where the seatbelt reaches. These injuries are painful and need the treatment of a medical professional. Do not wait to seek medical attention if you believe that a seatbelt has caused you harm. Waiting to see a doctor for a seatbelt injury is a life-threatening decision that can cause you severe medical problems.

Hire a Car Accident Lawyer In Atlanta, GA, for Your Rear-End Car Accident Case

While many of these injuries can happen in a rear-end car accident in Atlanta, GA, it is always best to consult with a car accident lawyer about your case. They can help you determine the legal action you should take against a negligent driver.

You deserve compensation for your injuries, and a car accident lawyer can help you get a fair settlement. Also any of these injuries could result in mounting medical bills. You do not have to pay for these expenses on your own. Your car accident lawyer can help you win against a negligent driver that caused your rear-end car accident.

When you hire a car accident lawyer to help you with your rear-end car accident case, you will get the legal advice you need. They can guide you through the process of securing a settlement for your injuries. They will negotiate with insurance companies on your behalf and fight to get a fair settlement.

You need to act quickly after a rear-end car accident in Atlanta, GA. There is a deadline for filing a lawsuit in these types of cases. The law stipulates that you have two years from the date of the car accident to file a lawsuit where injury has occurred. If you have property damage to your vehicle, you have four years from the date of the accident to file your case.

Speaking to a car accident lawyer as soon as possible after a rear-end car accident can ensure you meet these deadlines. They can help you determine if you have a case and provide you with the best course of action to take to receive compensation for your injuries.

Your car accident lawyer can help you understand the laws for rear-end car accidents and help you through the process of filing an injury claim. They will help you fight to win and get you the compensation you need to pay for your costly medical bills as well as any wages you missed out on due to your recovery. Let a car accident lawyer help you with your Atlanta, GA rear-end car accident case.

Contact a Car Accident Lawyer Today For Legal Help

When involved in an Atlanta, GA rear-end car accident, you need the help of a lawyer that will take your case. The Atlanta auto accident attorneys at Hammers Law Firm are ready to help you determine if a negligent driver caused your injuries. You deserve compensation when a rear-end car accident was not your fault. The lawyers at Hammers Law Firm can help you win your case and get a settlement that will pay for your injuries. Contact us today to set up a consultation. We are ready to assist you now.

When involved in a car accident in Atlanta, GA, you may need to file an insurance claim for your injuries or property damages. If you need medical treatment or time to recover, you may not be in a hurry to file your claim. There is, however, a time limit for filing a car accident claim that you need to follow.

Atlanta, GA, has a statute of limitations that dictates that there are only two years from the date of the car accident to file your injury or property damage claim. This means that you have very little time to file for compensation for your medical bills, lost wages, or pain and suffering after an Atlanta, GA car accident.

Because the statute of limitations for filing a car accident claim is limited, you need to speak to your car accident attorney in Atlanta, GA, as soon as possible. They can help you with your case and will ensure you file within the two-year deadline.

Failure to comply with the two-year deadline set by the state could cost you to lose out on your right to a settlement. Even if your injuries are severe, the insurance company may refuse to hear your claim. They know the two-year deadline and will prevent you from receiving a settlement even if one is owed.

You need to speak to an Atlanta car accident lawyer immediately after a car accident that was not your fault. A car accident attorney in Atlanta, GA can help you file your car accident claim as quickly as possible so that you can receive compensation. This will help you pay your medical bills for your car accident injuries.

It can also provide compensation for lost wages due to your recovery time as well as pain and suffering damages. Let your Atlanta car accident lawyer work for you and help you receive the compensation you deserve after a car accident.

Let Your Atlanta Car Accident Lawyer Help You with Your Car Accident Claim

Working with a car accident attorney in Atlanta, GA can help you receive your settlement award quickly and efficiently. They know the law for car accidents and can help get your injury claim processed. They can also help with property damage to your vehicle so you can have the repairs or replacement assistance you need.

Your Atlanta car accident lawyer will guide you through filing a car accident insurance claim. They will fight for your legal rights and help you get the maximum compensation possible in your case. An Atlanta car accident lawyer will negotiate with an insurance company on your behalf. You will not have to deal with the complicated process of filing a car accident claim. Your car accident attorney in Atlanta, GA can handle your claim.

There are instances when your car accident claim does not produce a fair settlement. Your car accident attorney in Atlanta, GA, may suggest that you file a lawsuit against the driver that caused your car crash. These lawsuits can help you receive a fair settlement for your Atlanta, GA car accident case.

Your lawyer will file your lawsuit in the appropriate court. You do have limited time to file these cases. The law gives you two years from the date of the Atlanta, GA, car accident to file an injury lawsuit. You have four years from the date of the car accident to file a lawsuit for property damages.

A car accident lawyer will ensure your case goes to court within the timeframe outlined by the Atlanta, GA, laws. Here, you will have your case heard before a jury. They will determine your settlement offer. This is often the most effective way to receive a fair settlement when an insurance company does not pay.

Let your car accident attorney in Atlanta, GA help you file a lawsuit against a negligent driver. You will receive a settlement for your injuries and property damages. They fight to win and will help you get the compensation you deserve.

Contact a Car Accident Attorney in Atlanta, GA

If you have questions about how long you have to file a car accident claim, you need the legal help of an Atlanta car accident lawyer. The car accident attorneys at Hammers Law Firm can help. They will ensure you file your car accident claim within the deadline, so you receive compensation for your injuries. They will fight for your legal rights to a settlement. Let the Atlanta car accident lawyers at Hammers Law Firm help you with your case. Contact us to set up a consultation.

When an injury occurs in a car accident, it is scary for all involved. When these injuries are severe, it can be devastating to friends and family. Injuries to the brain are severely traumatic as the body can become paralyzed and affect your overall quality of life.

What Is TBI in Atlanta, GA?

These traumatic brain injuries (TBI) are mostly caused by car accidents. TBI, in some instances, is caused by an object penetrating the skull. This can cause fractures and damage to the brain.

TBI can occur when your skull hits the windshield or dashboard because of the impact of the car accident. Your head may not have any visible signs of wounds. But, you can still have severe head trauma in these cases.

Because there is shaking of the brain during a car accident, TBI can result. The brain will suddenly come to a stop, and this can cause it to hit the bone of the skull. The brain may continue to shake in the head long after your car accident.

You may bruise your brain or cause bleeding. This is often life-threatening and not visible after the car accident. Your traumatic brain injury is a serious matter and needs immediate medical attention.

Blunt trauma is another type of injury that can cause traumatic brain injury in Atlanta, GA. This is when your head contacts a hard object in your vehicle. You may have open wounds or have the roof of your vehicle collapse on you.

Ejection from the vehicle can also cause TBI. Your brain can become injured during these incidents as it pulls away from the skull. This will cause a traumatic brain injury that needs medical treatment for recovery.

TBI in Atlanta, GA, can also happen if there is an injury to the spinal cord. Anytime you are in an accident where severe injuries occur; you have a risk of developing a traumatic brain injury. The rate of speed of an accident can make TBI more severe and cause damage to other parts of your body.

You could have a physical movement impairment, or you may have cognitive disabilities. You could become paralyzed, or TBI could even lead to death. You’ll need an Atlanta auto accident lawyer that can help you with your case.

Let an Atlanta Auto Accident Lawyer Help You With Your Case

When another driver is at fault for your traumatic brain injury, you have a right to file a lawsuit to receive a settlement. An Atlanta auto accident lawyer can help you with your case. They will help you determine the best course of action to take against a negligent driver. They will fight for you and get you the compensation you deserve.

Atlanta, GA, TBI lawsuits need filing quickly. There is a statue of limitations in Atlanta, GA. These laws provide that you have two years from the date of the accident to file a lawsuit against a negligent driver. Your Atlanta auto accident lawyer can ensure you file by the deadline.

Failure to file within the two-year deadline can result in no settlement in your case. Regardless of how severe your traumatic brain injury is, there is no compensation awarded in your case. You need to speak to an Atlanta auto accident attorney as soon as possible about your case.

An Atlanta auto accident attorney knows the laws for car accidents and will fight to win a traumatic brain injury case. They will guide you through the complex legal process and represent you in court. You can count on your Atlanta auto accident lawyer to support you after a traumatic brain injury.

You have rights after a car accident caused TBI in Atlanta, GA. Let an Atlanta auto accident attorney help you with your case. They can provide you the legal advice you need to fight against a negligent driver that caused you injury. Do not wait to speak to your Atlanta auto accident lawyer.

Speak To an Atlanta Auto Accident Attorney Now

If you suffered a traumatic brain injury because of the negligent actions of another driver, you need an Atlanta auto accident lawyer that can help. The Atlanta auto accident attorneys at Hammers Law Firm are ready to take your case. They will fight to get you the maximum settlement award possible in your case. They know the law for car accidents and will get you the compensation you deserve. Let the Atlanta auto accident attorneys at Hammers Law Firm help you with your TBI case. Contact us today to set up a consultation.

Case Background

Eleven years ago, Ashton Schneider nearly drowned at a community swimming pool. On September 4, 2018 a Fulton County judge ordered the pool management company, USA Pools, and the president at the time of the incident to pay $5 million. Ms. Schneider, then 7, suffered a traumatic brain injury (TBI) after a lifeguard at the Chapel Hills Community Pool failed to notice the child sink to the bottom of the pool until other swimmers came to her rescue. The only lifeguard on duty didn’t notice Ashton drowning because she could not see the bottom of the pool and because she was “monitoring the door for persons entering and leaving the pool and otherwise not paying attention” according to the filed complaint. Once Ashton was pulled from the pool and resuscitated, she was airlifted to the hospital and diagnosed with a clear TBI. This injury led to developmental disabilities, learning disabilities, and seizures that Ashton dealt with throughout her childhood, attorney Hammers says. To this day, Ashton still feels the after-effects of the incident although she is preparing to go to college like most of her peers.

While litigating the case, Hammers Law Firm discovered that USA Pools committed acts of negligence as well as fraud. USA Pools misrepresented the nature of the company to its insurance provider and clients. For example, USA Pools told its insurance company it only cleaned pools while simultaneously marketing to its customers that it was a comprehensive pool safety and management company. USA Pools also represented it employed trained lifeguards when it did not train them and never tested their life saving skills. Even after Ashton’s near drowning, USA Pools did not train its lifeguards and continued to obtain pool management contracts while operating without proper insurance. The Fulton County judge found that USA Pools committed intentional fraud based on these misrepresentations. “It was important for them to be found fraudulent [because they said] they had trained lifeguards and were properly insured when they weren’t,” attorney Hammers said. How did we get from near drowning to this verdict and what happens next?

Meet the Atlanta Personal Injury Attorneys Responsible

The lead attorneys on the case are Robert Hammers Jr., managing partner, and Ashley Mitchell, who came to the firm in July 2018. Ashley’s previous experience was on the side of the defense where she worked for 8 years defending insurance companies and their insureds in catastrophic injury and wrongful death cases. From this experience, Ashley gained important insights into the inner-workings of insurance companies and how they respond to accidents, analyze claims, and approach trials. Utilizing this insight, Ashley was a key player in getting damages awarded to the client. After only a month at the firm she’s won numerous settlements on the behalf of individuals and families who have been affected by the carelessness of others. Rob and Ashley made a great team as Rob also comes from a defense background. Having started his career representing insurance companies and large corporations in wrongful death and catastrophic injury claims, he can now use this experience to prosecute these cases on behalf of injured victims. As an Atlanta personal injury attorney, he is dedicated to getting fair and just results for those who have been injured by the negligence of others. Through diligent representation, he fights for the results his clients deserve.

Collecting Damages

In this case, the defendants were ordered to pay a default award because they refused to participate in the lawsuit. O.C.G.A. § 9-11-55(a) provides that when a case is in default, the plaintiff is entitled to judgment “as if every item and paragraph of the complaint or other original pleading were supported by proper evidence.” Judge Myra Dixon ordered the defendants to pay $5 million, including $3 million in punitive damages, $1 million for past and future pain and suffering, and $1 million for intentional fraud. Usually, Georgia courts limit punitive damages awards to $250,000, but Hammers and Mitchell were able to avoid this “cap” on punitive damages by proving Defendants had specific intent to harm. It’s important to note that punitive damages and damages related to fraud cannot be discharged by bankruptcy, which is away defendants can evade paying out settlements. Hammers and Mitchell said that the defendants still have large contracts managing pools around the country. One contract with the state of New York is worth $1 million by itself. In an article published in the Daily Report attorney Hammers said, “we believe there are assets and cash available. I don’t know if we can get all $4 million of the non-bankruptable judgment, but we’re going to pursue it. Somebody needs to put these folks out of business.”

“I’ll happily chase this judgment to the end of my career,” Hammers said.

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About Hammers Law Firm

Hammers Law Firm LLC is a trial lawyer firm located in Atlanta, Ga. They serve personal injury clients across the state of Georgia and nationwide. Hammers Law Firm has won millions for its thousands of clients since 2015. The Atlanta personal injury lawyers at Hammers Law Firm specialize in car accidents, personal injury, defective medical products and dangerous drugs. Robert Hammers, Jr. is yearly recognized as Super Lawyers® by the National Trial Lawyers Association. Contact them today to find out how he can help you.

Personal injury claims are built on a foundation of identifying the negligence of another party. You won’t be able to recover compensation unless you can prove another party is responsible for your injuries. Documenting evidence from the scene of the incident, along with keeping the detail of the effects of your injury, will play an important role in your case. Our attorneys have compiled a list of the evidence you’ll need to support your potential claim. Contact our firm to schedule a free legal consultation with one of our associates. We’re prepared to fight for you and collect the evidence needed to support your case.

Collect Evidence

If you’ve ever been in an accident you know how confusing and stressful it can be in the moments immediately following an accident. Some people go into a state of shock and have a difficult time processing what just happened. If you’re able to, try to collect as much evidence as possible at the time of the accident. While you wait for the police to arrive, if it is safe to do so, take photos of the damage done to your car, the other vehicle, any skid marks on the road, debris, or other property damage caused by the accident.

When the police arrive, the officer will assess the information from you and the other driver to write the report. The accident report will contain the information of the other driver which you’ll need to file a claim.

What Role Medical Treatment Plays in a PI Case

Depending on the nature of the accident, it may take a few days for your injuries to become apparent or they may be immediate. In either case, your health is our main priority, so if you’re in pain please consult with a physician. The determining factor for personal injury case is how badly are you injured? Your medical records provide very detailed evidence about the injuries you’ve sustained, the treatments you’re receiving, and the impact on your life. Hospital discharge forms, doctors notes, and physical therapy evaluations will chronical your injuries. By requesting these records, you bring together the cause (the accident) and the effect (the damages sustained) into a complete picture for the insurance company.

Get a FREE Consultation Today

Taking on these tasks is a big undertaking, especially when you’re recovering from an accident, possibly still working, and trying to go about your regular activities. If you’ve been in an accident that you believe was caused by another’s careless and negligent actions, consult with an attorney today. You may be entitled to compensation that will help you manage the effects of your injury, including medical expenses, lost wages, and pain and suffering. We will pursue your claim on contingency, which means you do not owe legal fees unless we recover compensation. Call and speak to one of our Intake Specialists today.

Deciding to employ the services of a nursing home is never easy. Deep down, many of us feel an innate desire to personally care for a loved one who is entering their twilight years. We can recall the care our parents provided us as children. Later in life, we can begin to appreciate their sacrifices more fully, especially if we become parents ourselves. In a perfect world, many of us would like to return those favors personally; but not everyone has the time and resources to do so properly. If we decide that our loved ones require more help than we are able to provide ourselves. Then we look at other options for their care, namely nursing homes. After extensive research, families will choose a nursing home that best suits the needs of their loved one, their budget, and their location.

Unfortunately, not every nursing home is worthy of the trust and resources that families invest in them. In some cases, loved-ones experience abuse while in the “care” of nursing home employees. If you or a loved one has experienced this type of abuse, then keep reading this blog to learn more about your rights and choices. Most importantly, keep reading to learn what next steps you should take and how to contact an expert Atlanta-based legal team that will fight on your behalf.

What Constitutes Abuse

Nursing home abuse can come in a variety of forms, such as:

Neglect:

Imagine being confined to your bed for all hours of the day and night, save for a few hours of recreational time in the common area. Your health is at the mercy of a nursing home professional. Without adequate care, patients can develop bed sores which can cause infections and be life-threatening. Also, without the right sustenance, patients can suffer malnutrition and dehydration, both of which can be life-threatening.

Physical abuse: Some employees at nursing homes have no right to be around the elderly and vulnerable. As disgusting as it sounds, some will actually engage in the physical abuse of their residents.

Sexual abuse:

Once again, this is painful even to think about, but some staff members engage in unwanted sexual advances on residents in nursing homes.

Emotional abuse:

Although this type of mistreatment does not leave physical scars; it can be just as damaging as the other types of abuse listed here. Emotional abuse may include anything from isolation to verbal assaults.

Financial abuse:

Some staff members or owners of nursing homes will take advantage of the weakened physical and mental state of their residents to exploit them financially. Without the vigilance of loved ones, this abuse can last for years without detection.

Pursuing Justice

For each one of the types of abuse listed above, it may be possible to press charges against those employees. Owners are responsible for the suffering of a loved one. These types of criminal charges may result in jail time and fines imposed on the guilty parties. That is certainly a form of justice served. However, that may not suffice. For loved ones and families who have suffered due to the negligence or malice of nursing home staff, pursuing a civil case may be an additional way to secure justice. In these cases, plaintiffs will seek monetary damages from the defendants. Juries or judges may award compensation for medical bills, funeral expenses, or even emotional trauma.

Those who have violated the trust bestowed upon them by families and their elderly loved ones should be held accountable before the law to its fullest extent. With the option to pursue civil lawsuits in addition to criminal charges, victimized individuals and families may begin the process of healing that they deserve.

Contact an Atlanta Nursing Home Abuse Lawyer Today

If you or a loved one have suffered any type of abuse from the employees or the owners of a nursing home facility, then you may be entitled to compensation. In order to successfully navigate the legal system, you should contact an experienced, expert, and dedicated legal team, like the one at Hammers Law Firm. The lawyers here will fight tooth-and-nail to make sure that you secure the justice that you deserve. For tireless, tailored, and highly effective advocacy, look no further. Call today to learn more about your options moving forward.

You may already know the first steps to take after an auto accident in Atlanta, Ga. But where do you find the information to start moving forward with a personal injury claim after the accident? All the information you’ll need is on the police report. In Georgia, every officer uses the same form to report a motor vehicle accident. On the form, you’ll find all the pertinent information regarding the collision such as:

the other driver’s contact information
the other driver’s insurance information
a narrative from the reporting officer
citation information

Although this form is widely used, it may be difficult to read if you have limited experience in auto accidents. Knowing the information that the form should contain and how it is filled out can be helpful when starting a legal claim after an accident.

The Essentials

Each accident report has four essential parts:

The first page tells you about the other driver involved, their insurance, and any citations given.
The second page includes the officer’s narrative of the crash. This page may also have a diagram of the accident and information on property damage.
The supplemental report contains information on the other parties involved. If there are passengers in the vehicles this information will be here. It will also detail if the airbags deployed, seatbelts were used, and if passengers were extracted from the vehicle.
The overlay page is the last page in the report. Some county police departments use codes to show information about the crash. The codes are shown as numbers throughout the report and the overlay provides a key for understanding this information.

What other information can I find on a Georgia accident report?

The first page of the report can be easily read. The party names are clear but there is more basic information you can get from this first page.

Date and time of the accident
A description of the vehicles involved
Driver conditions and actions
Information required for commercial motor vehicles

Take special note of the driver’s name of the vehicle versus the owner’s name of the vehicle. If these are different, this could imply multiple levels of coverage.

Overlay Codes

The overlay codes are used to help police officers write reports quickly and accurately. Using this tool, the officer doesn’t physically write the report but instead codes the report. The codes describe information like:

The first or most harmful event
Contributing factors to the accident (both with the vehicle and the driver)
Roadway conditions
The direction of travel and traffic flow information
Vehicle maneuvers
Maneuvers of other parties (such as pedestrians or workers)
Vehicle class and type
Where the collision occurred on the car or which part of the vehicle was affected by the crash
Types of injuries
Airbag function

How Can an Accident Report Affect My Claim?

In the past, clients have expressed hesitation on involving the police department, especially in minor accidents. Consider it this way: police officers see hundreds of accidents every year. The amount of experience they bring to the scene of the accident can prove to be vital to a case. It’s their responsibility to assess: the statements given by the drivers, road conditions, the damage to your vehicle, and the injuries you complain of following the accident.

What if my report is inaccurate?

If you notice a mistake on your accident report, it’s important to get it amended. The only people who can request an amended report are those who were there at the scene of the accident. Unfortunately, this is one of the few things a lawyer cannot do on your behalf. You can request a report be amended in person at the police station or by calling the reporting officer to give a statement. When pursuing a claim, it’s important that the report accurately affect the sequence of events and the people present. The insurance agencies will use the report to make decisions of liability so it’s worth your time to get one corrected.

How do I get a copy of my accident report?

There are a couple of different ways you can get your accident report. Depending on the department it may be one of three ways:

Pick up a copy from the reporting police department
Order a copy online via third-party websites such as buycrash.com
Send a request for a copy of the report via mail

If you are an involved party, you can get a copy of the report for free when you visit the police department in person. If you are unable to go in person, you can pay a small fee by using a third-party website. Please note that it may take 3-5 business days after an accident for a report to be ready.

Get a Consultation Today

If you’ve been in an accident that you believe was caused by another’s careless and negligent actions, consult with an attorney today. You may be entitled to compensation that will help you manage the effects of your injury, including medical expenses, lost wages, and pain and suffering. We will pursue your claim on contingency, which means you do not owe legal fees unless we recover compensation. Call and speak to one of our Intake Specialists today.

What is Medical Malpractice?

An act of medical malpractice can occur from a medical professional’s failure to diagnose properly, improper treatment, or even treating a patient without proper permission. This post will give you an overview of the steps to follow for pursuing a medical malpractice claim.

Contact the Medical Professional Involved

The first step to starting a medical malpractice case is contacting the doctor or medical professional who worked with you before you actually file the claim. Your goal in contacting the medical professional is to get an understanding of what may have gone wrong. This will also allow them to determine whether it’s something that can be remedied.

In most cases, medical providers will perform services to eliminate the need for a claim especially if it is a situation that will heal over time such as light scarring. For a claim to be filed you must prove there was negligence, who was negligent, the extent of injuries, and how your life has been affected.

Know How Long You Have to File a Claim

In Georgia, patients have a limited amount of time to file a medical malpractice lawsuit. These limits are called statutes of limitations (SOL). If you do not file a claim within the time period, you risk waiving your rights to recover money for your injuries.

The SOL varies depending on the type of injury. In Georgia, the general statute of limitations for a medical malpractice lawsuit is two years; however, there are exceptions that can either extend or shorten a patient’s time limit for filing a lawsuit. For instance, if your claim results from a “failure to diagnose” you may be given a limited extension. In such cases, the two-year time limit begins on the date the injury was realized.

Check the statutes of limitation in your particular state to ensure the time period for filing your claim does not run out.

Get a Medical Assessment to Confirm Your Case Has Merit

The laws in Georgia regarding medical malpractice claims are very complex. In Georgia, patients pursuing a medical malpractice claim have to file a Medical Affidavit from a qualified physician. The affidavit will serve to determine that the injuries you suffered resulted from a health care professional’s negligence (Ga. Code §9-11-9.1).

This expert will review your medical records and certify that the original health care provider deviated from accepted medical practices, which resulted in your injuries. The attorney that you hire will file the Affidavit, which must meet strict legal requirements, with the lawsuit.

Get a Review of Your Claim

If you or a loved one suffered harm because of the negligence of a medical provider, then you may be entitled to compensation. Medical providers are expected to act within the confines of established standards of care. If they operate outside the norms of their profession, it is unethical and potentially life-threatening behavior. These individuals have enormous responsibility over the lives and health of their patients. If you believe the care you received resulted in an unnecessary injury, then please contact our experienced medical malpractice legal team in Georgia today. No one should suffer because of the negligence of another.

This summer, scooters appeared in the streets of metro Atlanta seemingly overnight. Rolled out in force across the country, e-scooters have become a grey area regarding personal injury claims and in terms of the local ordinance. What happens if you’re injured while riding an e-scooter or if you’re injured by someone riding an e-scooter? With ERs seeing a rise in scooter-related accidents and e-scooter companies fighting back injury claims by referencing the user agreement, it’s important that you find legal counsel for your potential claim. Don’t go up against a large company on your own, for a free consultation call the law offices of Hammers Law Firm today.

About E-Scooters

In early May, 200 Bird scooters were dropped off in the neighborhoods of Midtown, Old Fourth Ward, Downtown, and the West End. Atlanta magazine reported that within 70 days of their arrival in Atlanta, 400 more scooters were added to Bird’s flock “on which more than 43,000 people now have taken more than 110,000 trips.” Using the devices appears easy enough. Once you download the app and agree to the terms and conditions, anyone over the age of 18 can check out a scooter for as little as $1 and pay 15 cents for each additional minute. Once a rider has reached their destination, they park the scooter and leave it where it stands for the next interested party.

While Bird suggests using a helmet when on the scooter, many users do not even though the speeds at which you can travel (15 mph) could result in a serious brain injury if you were to crash. Wally Ghurabi — director of the Nethercutt Emergency Center at UCLA Medical Center says, “when I see people using the scooters, they’re smiling and having fun, but if you lose control and get ejected into the air at 15 miles per hour and land on your head in the street, that’s enough force to kill you — and almost nobody on these scooters is wearing a helmet.”

How are they dangerous?

As the use of scooters rises in metro cities across the country, so are trips to the emergency room with scooter-related injuries. While there is no national data on scooter injuries, it seems that by this time next year there will be. The Washington Post interviewed ER physicians in seven cities, including Atlanta, with doctors reporting a spike in severe accidents after the devices launched in their city. Although ride-share companies advise users to use helmets, many choose not to wear them on quick scooter rides.

While each company employs mechanics, some don’t require any formal training. Instead, all you need to become an e-scooter mechanic is a car to pick up broken scooters and YouTube tutorials. Additionally, companies acknowledge there is a flaw in their repair system because they rely on users to flag problems. This reactive system is very dangerous in the transportation industry.

Fahin Kamrany, a former Bird mechanic in Santa Monica, Calif. was injured while performing a required diagnostic test when she fell off a scooter with defective brakes, sustaining a severe head injury, a broken clavicle and $15,000 worth of medical bills. In Los Angeles, John Montgomery was riding his Bird for only a few blocks when the accelerator stuck as he approached an intersection causing the scooter to lurch forward and launch his body over the handlebars. Montgomery landed on his face, breaking his jaw in two places and was knocked unconscious from the impact. While he hasn’t heard from Bird regarding the accident, he did notice that he was charged for the time he lay in the street bloodied and unconscious.

The same Washington Post articles points out that, “once injured, many riders might discover from the vehicles’ user agreements that they cannot file lawsuits because of clauses requiring that disputes be resolved by arbitration.” Bird and Lime both require users to agree not to sue as an individual or in a class action lawsuit. First, riders must submit to a mediation known as binding arbitration. Both companies name specific arbitration companies, while Bird also names a preferred location for arbitration and Lime requires users to first engage in a 60-day “dialogue” with the company.

When will the law catch up with the technology?

Companies such as Bird scooters, Lime electric bikes, and Muving mopeds have taken a similar approach to integration as Airbnb and Uber did before them: Ask for forgiveness instead of permission. As it stands now, Atlanta doesn’t have any legislation in place to regulate vehicle-share program operators. However, a city ordinance proposal has been drafted by Councilmembers Michael Bond, Jennifer Ide, Dustin Hillis, Matt Westmoreland, and Andre Dickens. The current draft would “require vehicle-share program operators to pay for a special permit—the cost of which has yet to be decided—and maintain a minimum of $3 million in liability insurance.” The legislation would also enforce helmet use and more severe consequences for scooting under the influence.

Contact an Attorney

With more than 40 years of combined legal experience and a track record that includes millions of dollars in recoveries, Hammers Law Firm can be trusted to fight for the level of compensation you deserve. Having represented thousands of personal injury claims, we are intimately familiar with state and local laws. Find out how we can assist you by scheduling a free consultation today.

Having a car accident can be a life-altering event. In some cases, victims can inadvertently do additional damage to their own cases. When you’re in a wreck in Atlanta, GA, it’s often difficult to think clearly. But if you remember these tips, you may avoid some of the most common mistakes that accident victims make.

Do not leave the scene of an accident. Georgia law requires that motorists remain at the scene of an accident causing injury, death or vehicle damage.

Further, drivers involved in accidents must:

a) Provide his or her name, address, and registration number of the involved vehicle;

b) Show his or her driver’s license, upon request, to the other driver or an occupant of the other vehicle;

c) Render reasonable assistance to an injured driver, including arranging for transportation for medical treatment; and

d) Where a person is unable to communicate or appears deceased, ensure that emergency services and law enforcement are contacted.

An Atlanta, GA car accident attorney can provide guidance on these requirements to an injured driver hurt by the negligence of another.

Do not fail to report. Motorists involved in accidents causing injury, death, or apparent vehicle damage of $500 or more must immediately notify law enforcement.

Be careful with what you say. You should report basic information about the crash to the other driver’s insurance company. However, it is not recommended, and you are not required, to give a recorded statement to the other insurance company. You should similarly notify your own insurance company. They may want a recorded statement, and one may be required, but be careful. In the event of serious injury, your own insurance company could downplay your injuries, which may jeopardize your recovery.

Speak to an Atlanta, GA car injury attorney before giving a recorded statement to your insurance company.

Be careful with social media. In this day and age, it’s tempting to share your car accident with the world via social media. This can easily be used against you later. Although your accident may have happened in Atlanta, GA, assume that anyone, anywhere, can read about it online. There is a time and place to share your experience with others. But your best bet is to say as little as possible on the Internet immediately after the wreck.

Don’t miss the opportunity to gather evidence. After an accident in Atlanta, GA, you should immediately gather evidence to the extent you are able. Take pictures of the vehicles, of the scene of the accident, and of the weather and environmental conditions. Obtain a copy of the accident report from law enforcement as soon as it is available. Take notes and get basic information such as license plates and identification of all drivers and passengers. Finally, speak to witnesses and get their contact information.

Don’t wait too long. Time is of the essence after a vehicle accident in Atlanta, GA. This not only applies to reporting your accident to your insurance company. You also do not want to wait too long to file a claim. Waiting too long risks the loss of evidence and, more severely, running past the statute of limitations. Generally, the state of Georgia has a two-year statute of limitations. After the statute of limitations expires, in most cases, your right to file a lawsuit will expire, too. This applies even in the case of serious accident or death. There may be exceptions with respect to the ages of the victims and when the time limit begins to run. Regardless, you should speak with an Atlanta, GA car accident lawyer immediately to know your rights and important deadlines.

IF YOU OR A LOVED ONE HAVE BEEN INJURED, SPEAK TO AN ATLANTA, GA CAR ACCIDENT ATTORNEY

Although the above points can help guide your case, they are not comprehensive. There are numerous other factors that may apply to your specific situation. Your rights and obligations will largely depend upon what you do in the immediate aftermath of an accident. That is why it is critical you speak with an Atlanta, GA car injury lawyer at your earliest opportunity. The experienced attorneys at Hammers Law Firm can guide you through this difficult process and fight for the compensation you deserve. Call today to set up a consultation.

“Impaired driving” is usually considered synonymous with drunk driving. But included within this phrase is drowsy driving: operation of a motor vehicle following insufficient sleep. The statistics on driving without enough rest are startling.

According to the National Sleep Foundation:

Half of U.S. adults admit they have driven while drowsy
20% of adults admit they have fallen asleep while driving

But in an age when getting too little sleep is part of modern life, is drowsy driving really a problem? The answer is a definite yes. The National Highway Traffic Safety Administration estimates that 100,000 motor vehicle accidents each year are caused by drowsy driving. These accidents cause over 1,550 deaths, 71,000 injuries, and $12.5 billion in monetary losses. Those who live in urban areas such as Atlanta, GA are also more likely to fall asleep behind the wheel.

The real dangers may be even higher. There’s nothing like a Breathalyzer test to determine fatigue, so detecting it can be difficult. The states are also inconsistent in how they report drowsy driving.

However, we do know that certain groups are at risk more than others, says the National Sleep Foundation:

Young drivers, especially males aged 16-25 years
Shift workers (night, double, and rotating shifts)
Commercial drivers
Motorists with untreated sleep disorders, such as obstructive sleep apnea
Business travelers

The effects of drowsy driving are often compared to those of drunk driving. Not getting enough sleep means slower reaction times, inattentiveness, and inability to avoid hazards while driving. Your risk of getting into an accident is increased because your ability to adjust to changing road conditions is decreased. And if you’re exhausted enough, you’re more likely to fall asleep behind the wheel – a recipe for certain disaster.

Driving in a city like Atlanta, GA is challenging enough without the added risk of fatigue. But beyond the obvious dangers, the National Sleep Foundation has uncovered secondary harms associated with drowsy driving. These include heightened stress while driving, more impatience behind the wheel, and a tendency to drive faster. All of these further increase the likelihood of a serious car accident.

There are warning signs that all drivers should consider before getting on the road:

Yawning, daydreaming, and wandering thoughts
Lack of focus
Inability to keep your eyes open or your head up
Drifting in your lane, missing exits, and tailgating
Feeling aggressive or restless while driving

These and other indications should be taken seriously. Wherever you need to drive, the risk of getting into a serious accident is simply not worth it. Get a good night’s rest before getting on the road. If you’re already driving and realize you’re too tired, pull over to a safe place and take a nap. Caffeine can help, but should not be relied upon too heavily. Also, be aware of possible side effects to medication that can cause drowsiness. And if possible, drive with a friend or family member, especially on extended trips.

Drowsy driving itself is not illegal under the criminal statutes of Georgia. But drivers can be held liable for causing accidents due to unsafe driving more generally. Motorists and passengers can claim civil damages in personal injury and wrongful death lawsuits. This right extends to family members in the event of a fatality. Employers who require their employees to drive unreasonably long hours may be held liable in some cases. The ability to pursue a claim against a negligent driver will vary on a case-by-case basis, so the facts of each accident are key.

WHEN TO CONTACT AN ATLANTA, GA CAR ACCIDENT ATTORNEY

Even if you take all reasonable precautions, you cannot control what other drivers do. Unfortunately, long commutes remain a staple of modern urban life – especially in Atlanta, GA. That means drowsy drivers do too. If a drowsy driver has injured you or a loved one, a car injury lawyer will be your strongest advocate. Contact Hammers Law Firm to speak with an experienced attorney today.

On Monday, November 26^th, the Food and Drug Administration announced they would be overhauling the most common process of medical device approval. In 2017, the FDA cleared 3,173 devices under the 510(K) process, or 82 percent of the total devices cleared or approved, Gottlieb and Shuren said in their statement to the press. “Data shows that nearly 20 percent of current 510(k)s are cleared based on a predicate that’s more than 10 years old.” Now the FDA wants to “retire outdated predicates” (older products), some of which are no longer on the market. In modernizing this product, the FDA wants to encourage companies to base their new products on devices that are no older than 10 years.

In a press conference on Monday, FDA Commissioner Scott Gottlieb said, “We believe that where appropriate, new medical devices that come to market under the 510(k) pathway should either account for advances in technology or demonstrate that they meet more modern safety and performance criteria.” CNBC pointed out that the press release was conveniently called after several news outlets published scathing investigations “into medical device failures and how the FDA’s accelerated review process may have missed problems and put consumers at risk.”

Already this new initiative is receiving pushback from medical device manufacturers. AdvaMed CEO Scott Whitaker said in a statement that “the proposed 10-year cut off criteria could prove arbitrary as older predicates can offer extensive data about their performance, which helps sponsors introduce newer, safer devices”. In the coming months. the FDA is considering publicizing cleared devices and manufacturers that are based on technology older than 10 years.

The History

In 1976, the FDA began regulating approvals for the manufacture of medical devices. Any medical device on the market before 1976 was grandfathered in and went untested by the administration. There are two device approval processes, Premarket Approval (PMA) and Premarket Notification (PMN), called the 510(K) process. According to the FDA’s website “PMA is the most stringent type of device marketing application required by FDA.” To be approved under PMA, the manufacturer must test the medical device on humans, compile the scientific data, and present their findings to the FDA scientists who will decide if the device is safe and effective.

Even though new devices are expected to go through premarket approval, some medical companies argue that, with the rate of innovation, “it’s too expensive to send each device through massive amounts of clinical testing.” When manufacturers apply under the 510(K) process, all they need to demonstrate is that their device is “substantially equivalent” to a device already on the market. Even if the prior device they base theirs off has been recalled, it will not affect the approval of the new device.

Contact an Attorney

If you or someone you know has suffered harm in connection with a defective medical device, please call Hammers Law Firm and speak with an Atlanta personal injury lawyer today. Because there is only a two-year statute of limitations in Georgia, time is of the essence in getting the help you need. Our seasoned legal team may be able to help you recover compensation for the losses you have sustained through the use of the device, including pain and suffering, past and future medical bills, lost wages, and more. We have handled countless dangerous medical device cases in our years of experience and are not afraid to take your case to court to obtain the best results possible.

Not all automobile accidents involve driver negligence or even drivers at all. Sometimes vehicle defects are to blame. If something goes wrong in your car, you could be in an accident involving serious injury or even death. Here is what you should know if you believe a defect may be responsible for your automobile accident. Recognizing what could be a vehicle defect is the first step. A defect may be the result of a design flaw or a faulty component. A classic example of a design flaw is seen in sports utility vehicle rollovers due to high centers of gravity. Another example is a gas tank which easily catches fire after an accident.

Design flaws make it less safe to operate the vehicle or make accidents much more severe compared with other cars. This means more serious injuries or even death. Faulty components are seen in many defect cases as well. Cars are immensely complicated machines, with many parts made by different companies. Sometimes the components used to assemble cars are not reliable or safe and can fail during normal vehicle operation. Examples of faulty components are airbags that fail to deploy upon impact or tire blowouts caused by design flaws.

Georgia Product Liability Laws

Georgia product liability laws require manufacturers to make their vehicles “crashworthy.” This refers to the ability of a vehicle to withstand an accident while still protecting its occupants. Cars that are not crashworthy make the accident unnecessarily worse by failing to utilize safety features. No vehicle can ever be made 100% safe. However, manufacturers have a duty to take reasonable steps to make their products as safe as possible. If a vehicle is designed or built in a way that renders it “uncrashworthy,” the manufacturer could be held liable.

Georgia has what is known as a statute of repose that may affect your ability to file a claim. The statute concerns product defect claims, including those involving automobiles. It forbids claims “after 10 years from the date of the first sale for use or consumption” of the product. Through court decisions, the law has evolved over the years. Under the current interpretation of the statute, victims have 10 years after the vehicle is first purchased to file suit. The statute of limitations (not to be confused with the statute of repose) for product liability cases is two years.

Victims have two years from the date the injury was or should have been, discovered to file suit. This is different than the statute of repose, which imposes the 10-year limit regardless of whether an injury occurred. Statutes of repose and statutes of limitation are complicated and should be discussed with a Georgia car accident attorney. In any event, you should act quickly to pursue compensation after an accident due to a vehicle defect. The best course of action is to try to prevent an accident before one even happens. If you identify a defect in your car, especially one that impairs its safe operation, contact the manufacturer.

When to Contact an Atlanta, GA Car Accident Attorney

You should also contact the National Highway Traffic Safety Administration, a federal agency which tracks safety defects. Enough complaints to the manufacturer or NHTSA may result in a vehicle recall. We’ve all heard about vehicle recalls, and many of them touch on safety. If a recall is announced for your vehicle, you should act on it immediately.

After a defect-related accident, several parties could be to blame. This includes the vehicle manufacturer, parts manufacturer, dealership, repair shop, and potentially others. As you can imagine, these parties may start pointing fingers at each other – or even at you. It is therefore critical that evidence pertaining to the accident be collected and preserved. This doesn’t just mean obtaining (when possible) pictures and video involving the accident.

It means preserving the vehicle and its parts just as they were at the time of the accident. Repairs or replacements could destroy evidence and severely damage your injury case. For this reason, and due to the time constraints of any lawsuit, you should act immediately to secure your rights. If you or a loved one has been in an accident and a vehicle defect is suspected, call Hammers Law Firm. Our skilled litigators will also carefully investigate your claim and seek the compensation you deserve.

After a car accident, the physical consequences are usually obvious: personal injury and property damage are prime examples. Unfortunately, victims often suffer the more far-reaching effects of mental and emotional distress. Not only are these types of injuries more difficult to detect, but they can also last for years after the accident. So, proving the nature and extent of distress can be a challenge. But if you’re a victim in need of compensation, it is absolutely essential to talk to your attorney about it.

Be on the lookout for signs that you or a loved one is experiencing mental and/or emotional distress. These can include anxiety, post-traumatic stress disorder, confusion, terror, and apprehension, among others. Radical changes in temperament or behavior may also be strong indicators. Once enjoyable activities may lose their appeal, and a person’s entire personality may even be altered. If a loved one gets an injury, take note of any departure from that person’s general disposition. If you are the victim and begin having unusual mood swings or other experiences, make a record of these.

Effects of Distress

Emotional distress may also take the form of difficulty sleeping, depression, and stress. These are difficult enough on their own. If they are too serious, they can begin to affect work, family, and quality of life. Generally speaking, emotional distress will have a lasting impact on the victim’s well-being. The victim must show that the distress is not just a one-time event, but a daily problem.

Understanding how the accident took place is a critical step in assigning fault and recovering damages. So, you will need to show that the other driver was somehow negligent and that his actions caused the car accident. The most convincing cases of emotional distress involve some proof of physical injury to the victim. This is known as the “impact rule.” Under this rule, there must be a physical impact on the body, resulting in injury, which in turn results in distress.

Impact Rule

The impact rule exists to limit liability by preventing random bystanders from claiming injury. Without physical impact on the victim, it is much more difficult but not impossible to prove emotional distress. An example of a non-injury emotional distress case involves a loss of consortium. This is where the victim suffers the loss of a spouse or parent due to the car accident.

Many forms of evidence may be presented to establish – or refute – claims of mental anguish and emotional distress. Some of the most obvious include medical diagnoses, psychiatric evaluations, notes from therapists and doctors, and prescription lists. Pictures and videos recorded before and after an accident may show emotional, mental or physical changes. Witnesses can testify as to changes observed in a loved one’s personality, or the victim may talk about these. Your car accident attorney will explore all relevant evidence and determine how best to present it in court.

Several factors will be considered in trying to quantify a victim’s emotional distress and mental anguish. One is the intensity of the distress or anguish: the more intense, the better chance there is of recovering damages. The duration of the pain – including its frequency – is a second factor. The third is the nature of the underlying cause of the distress. Fourth, related bodily injuries: the physical impacts associated with the distress. Finally, the psychological symptoms will be relevant. These factors will all turn on the facts that are introduced at trial.

Contact a Georgia Car Accident Attorney

The discussion above provides only a glimpse of the issues surrounding emotional and mental distress cases. Every accident involves complicated facts and numerous parties, and no two cases are alike. A car accident attorney in Atlanta, GA is best qualified to examine your claim and determine what sort of compensation may be available.

If you or a loved one has experienced distress after an accident, it’s important to seek professional treatment. You should also contact an attorney at your earliest convenience. The experienced litigators at Hammers Law Firm are ready to talk with you today.

The Food and Drug Administration has recently announced a recall of some medicines that contain valsartan, a medicine used for the treatment of high blood pressure and heart failure. The drug has been recalled because of the detection of an NDMA impurity that could cause cancer in patients who were consuming the drug.

Keep in mind that all valsartan products have not been affected by the FDA recall. There are some generic versions that contain the NDMA impurity and do not meet the safety standards as set by the FDA.

The FDA has set up a task force to further investigate the nature of the impurity and its potential impact. Any new developments and information will be managed by this task force. The task force comprises of chemists, doctors, pharmacists, communication specialist, toxicologists, and lab technicians.

The recall was initiated after Prinston Pharmaceuticals Inc. contacted the FDA in June 2018. The company informed the FDA that its valsartan formulations contained the valsartan active ingredient manufactured by Zhejian Huahai Pharmaceutical Co. Zhejiang was the one to detect the impurity – the presence of a chemical known as N-nitrosodimethylamine (NDMA). NDMA is known to cause cancer if found at risky levels in water and some food items. Even though it is believed that the level of NDMA in Zhejiang’s valsartan is in trace amounts, it still does not meet the FDA standards.

Once the FDA had obtained and verified this information, they further identified 13 other manufacturers who were supplying valsartan to more than 20 drug companies in the US. Immediate action was taken to determine if any of their products contained NDMA and three companies were identified in July 2018. The investigation is still ongoing, and there is a possibility that the FDA may discover more manufactures whose valsartan products may contain NDMA. Patients who are on valsartan should regularly monitor any recalls so that they are aware if their formulation is also affected by the NDMA impurity.

It is believed that this NDMA impurity was introduced because of a change in the manufacturing process at Zhejiang Huahai Pharmaceuticals. Companies that were using the valsartan ingredient from this company are the ones who have been affected by the recall.

Please note that all valsartan formulations are not affected by the recall. Companies that are manufacturing and marketing valsartan but have not used the valsartan ingredient manufactured by Zhejiang Huahai Pharmaceuticals are not affected by the recall.

Specifically, these are the companies that are currently affected by the FDA product recall:

Prinston Pharmaceutical
Major Pharmaceuticals
Teva Pharmaceuticals
AvKARE
Remedy Repack
A-S Medication Solutions LLC
Bryant Ranch Prepack Inc.,
H J Harkins Company Inc.
dba Pharma Pac
Proficient Rx LP,
Northwind Pharmaceuticals
Camber Pharmaceuticals
NuCare Pharmaceuticals

Companies not affected by the recall and whose valsartan formulations can still safely be consumed by patients include:

Alembic Pharmaceuticals Ltd
Allergan Inc.,
American Health Packaging,
Amneal Pharmaceutical LLC,
AphenaPharma Solutions,
Apotex Corp,
Aurobindo Pharma Limited,
AvPAK
Cardinal Health,
Carillion Materials Management,
Gavis Pharmaceuticals LLS
Cadista Pharmaceuticals
Lucid Pharma
Lupin
Macleods Pharmaceuticals
Novartis Pharmaceuticals
Novel Laboratories
Ohm Laboratories
Par Pharmaceutical
PD-Rx Pharmaceutical
Preferred Pharmaceuticals
Proficient Rx
Sandoz Inc
Unichem Pharmaceuticals

Important Information for Patients

Patients who have been consuming valsartan for the treatment of hypertension need to:

Continue taking their medicine and should confirm if their formulation is the one that has been recalled.
If yes, they should continue to take the drug but contact their healthcare provider immediately for an alternate prescription.
If patients are unsure if their product is the one under recall, they should speak to their pharmacist immediately.

It is important not to panic. Not only are there several valsartan products still available in the market that are not affected by the recall, but healthcare providers can also provide alternate drugs to control the patient’s medical condition if required.

Estimated Level of Exposure So Far

The FDA is still reviewing the long-term impact of the NDMA purity on patients who have been consuming the recalled valsartan products. Based on animal studies NDMA can be considered a human carcinogen. Exposure to higher than acceptable levels could increase the patient’s risk of cancer.

As per toxicology reports and scientific evaluations, if 8000 patients took the maximum daily dose of valsartan (320 mg) for four years, there would be one additional case of cancer of the lifetime of these 8000 patients beyond the average rate of cancer among other Americans who had not consumed valsartan. This is an estimation of the highest possible level of NDMA exposure. However, it is important to keep in mind that patients who have consumed the defected valsartan products did not take this high a dose and were not exposed to these levels of NDMA.

Call Hammers Law Firm for Your Valsartan Lawsuit

The legal team at Hammers Law Firm understands the feelings of patients who have been taking valsartan for several years and who have been affected by the recall. We are here to defend your rights and ensure that you get the compensation you deserve. Call our office today if you have been diagnosed with cancer and if you believe that it might be due to the NDMA purity in your valsartan tablets. Even if you are suffering from any side effects, please contact your healthcare provider immediately and if they confirm that it is due to your hypertension medicine, give us a call, and we will determine if you have a claim against the company that manufactures and markets your particular valsartan products.

If you are concerned about the potential impact of the NDMA purity on your health, we recommend that you visit your doctor as soon as possible. The FDA is not recommending that you discontinue your valsartan treatment even if your particular formulation is in the list of recalled products. However, you must see your doctor immediately and get an alternate prescription either for another valsartan non-recalled formulation or another drug for the treatment of hypertension and heart failure.

If you are experiencing any of these side effects, these could be due to the impact of NDMA on your health. Talk to your doctor immediately if you are suffering from:

Nausea
Fever
Dizziness
Headache
Vomiting
Cramps
Jaundice
Liver problems
Kidney problems
Lung problems

Remember, the NDMA effect could include the risk of liver cancer and liver damage. You need to talk to a healthcare provider immediately. You should also speak to our lawyers at Hammers Law Firm so that they can help you recover the financial losses you might be incurring due to increased medical expenses because of these side-effects or long-term impact on your health.

Even though there is no group lawsuit being filed against the companies affected by the recall, there is a very high possibility that such a lawsuit might happen if more valsartan products are found to be affected by the impurity or if more patients suffer from side-effects or are diagnosed with cancer. We are here to help you if you decide to take legal action against the valsartan manufacturers. We believe that the patients are victims of these companies and deserve to be compensated for their suffering.

Our lawyers will evaluate the specifics of your case and will determine if you have a claim. If you do and if there is a lawsuit filed against the manufactures, we will ensure you get compensation for all the medical expenses that you incurred during the process of diagnosis, testing, and treatment. We will also seek compensation for the pain and suffering that resulted due to the problems with the valsartan products.

Many patients who have suffered severe symptoms because of their intake of valsartan and who have been too sick to go to work can also file a claim to recover their lost wages. Talk to our lawyers today, and they will tell you how you can do that. They will also tell you how you can claim any other economic losses that you might have incurred because of the valsartan impurity.

The legal team at Hammers Law Firm is here to help you get through this tough time. We understand that hypertension and heart disease is already difficult to live with. There are so many life changes that you already have to manage because of this tough medical condition. The last thing you need is an added risk of cancer and difficult symptoms to deal with while consuming your daily medicine. We believe that you have every right to fight for justice.

Pharmaceutical companies who do not focus on quality and who buy low-cost raw material from suppliers in China and India to reduce their manufacturing costs do not realize that they are playing with the lives of real human beings. We will demand justice for you, and we will make sure you get the compensation you deserve.

Call the offices of Hammers Law Firm today at 678-846-6900, and we will be happy to assist you. Our lawyers have over four decades of experience and have won millions in compensation for clients. We have been serving clients in Georgia for many years, and we are confident that we can provide you with the legal guidance and we can defend your rights in the court of law. Don’t hesitate. Call and schedule an appointment today.

Many Americans depend on nursing homes to care for their parents and other family members. Tragically, however, many of these facilities violate that trust. The Nursing Home Abuse Center reports that about 1-2 million senior citizens have suffered mistreatment, exploitation, or injury by caregivers. Abuse is often hard to identify because many victims are unwilling or unable to report it. What follows are some signs you should look for and what you can do if you suspect mistreatment.

Abuse takes many forms. It may be physical, sexual, emotional, financial, or otherwise. It is a sad reality that many caregivers, aware of their patients’ vulnerability, view them as easy targets. Neglect may include failure to properly supervise or feed a resident. Sometimes, mistreatment takes the form of intentionally failing to seek medical treatment for an accident victim. Other times, the problem may involve one patient being bullied by another while the nursing home fails to do anything.

COMMOM SIGNS OF NURSING HOME ABUSE

There is no comprehensive list of the different types of nursing home abuse or neglect. But these are some common signs of mistreatment:

Bedsores
Malnutrition and dehydration
Burns, blisters, and bruises
Unexplained broken bones and related injuries
Changes in behavior
Poor hygiene
Sudden or unexplained death when there were no urgent health problems

Abuse and neglect can have obvious negative physical consequences, which may get worse if the victim is in poor health or has suffered persistent mistreatment for a long period. If a patient is not receiving his or her medication, the condition being treated may worsen. It is important to take immediate action if there is any concern that someone is not receiving proper care.

There are some common causes of nursing home abuse and neglect. One is inexperienced or poorly trained staff members. In addition, facilities that are not properly managed can result in inattentive employees, which can lead to neglect. Keep these in mind when reviewing a facility’s reputation, either before or after a loved one takes residence there.

BE ON THE LOOKOUT DURING VISITS

Tragically, elder abuse is severely under-reported. Many patients fear retaliation for complaining about problems of any kind. For this reason, cases are often brought to light only after a concerned relative or staff member intervenes.

One way to prevent nursing home abuse and neglect is to visit the patient often, as the most vulnerable residents are those who receive the fewest visitors. Also, visiting a facility gives you the chance to see for yourself how it’s operated. Talk with staff and management and be on the lookout for unsafe or unsanitary conditions.

Georgia laws and regulations afford certain rights to nursing home residents. The purpose of these rules is to guarantee that facilities are clean, safe, and comfortable for their patients. For example, nursing homes must take reasonable steps to prevent falls. They also have to respect patient privacy, and a big part of that is allowing residents and their guardians to manage their own financial affairs. This, of course, does not totally prevent identity theft and other crimes. Make sure that the responsible party, or the patient him- or herself, is properly managing assets and money.

WHY YOU NEED A NURSING HOME ATTORNEY

The Georgia Department of Community Health is responsible for nursing home regulation. Among other resources, it maintains records on nursing home licenses and provides an online tool to file complaints. However, your first step should be to contact an experienced nursing home abuse attorney. If left unattended, abuse and neglect can quickly compound existing health problems or create new ones. You may need swift legal action to prevent this, and the attorneys at Hammers Law Firm may be able to help. Reach out today for a consultation and review of your legal options.

Bird, Lime and Spin are taking over Atlanta and other cities with electric scooters. Many riders see these vehicles as environmentally friendly alternatives to automobiles and traffic congestion. But others are beginning to see the safety hazards that come with dockless scooters scattered about the city.

Atlanta has taken steps to ensure better safety for users, pedestrians, and motorists. In January 2019, the city council passed new rules governing the use of e-scooters. Here we examine some of these regulations and discuss your options if you’ve been injured in a scooter accident.

E-scooters are freestanding transportation devices that can be picked up at one location, used, and left elsewhere. They are accessed by first downloading an app onto the user’s phone. The customer is charged a fee to use the e-scooter. When he or she is done with the scooter, it’s locked until the next person comes along to use it.

“Locking” the scooter does not mean attaching it to a bike rack. The vehicle can be left anywhere once the rider is done. This means e-scooters can show up on sidewalks, on curbs, or in bike paths. Prior to the Atlanta regulations, it was not uncommon for piles of scooters to be abandoned throughout the city.

Not surprisingly, this has caused problems for pedestrians and motorists. There are several types of common accidents involving scooters:

Motor vehicle accidents
Tripping or falling over scooters left unattended in walkways
Collisions with pedestrians
Dangerous road conditions
Defective scooters

Users, pedestrians, and motorists may suffer a variety of injuries due to misuse of scooters. Among these are the following:

Broken bones
Sprains
Muscle strains
Spinal cord injury
Traumatic brain injury
Nerve damage
Paralysis
Road rash

If a scooter operator is not careful around traffic, a scooter accident can even prove fatal. Although this is rare, it is not unheard of. In September 2018, a scooter user was struck and killed by an SUV in Washington, D.C.

So what are some of those new rules adopted by the Atlanta City Council? For starters, scooters can no longer be left lying in walkways for pedestrians to trip over them. Instead, they must be parked upright on sidewalks so as to allow five feet of space. The scooters cannot be used on sidewalks but are allowed on roads. They are also not allowed to exceed 15 miles per hour.

There are some potential weaknesses in the new rules. Some observers have noted that the regulations target the companies providing the vehicles rather than their riders. For instance, companies must educate riders about protective headgear and compliance with local helmet ordinances. But riders are not fined for failing to wear a helmet. And although individuals should be at least 18 years old to ride scooters, there is no way to enforce this.

WHY YOU NEED AN ATTORNEY AFTER A SCOOTER ACCIDENT

Although well-meaning, many riders will likely ignore the rules and continue to endanger themselves and others. Accidents will probably continue to happen. Depending on the nature of the injury, a victim may be facing lengthy hospital stays and steep medical bills. In some case, victims may miss work for weeks or months at a time. But medical bills and lost wages could be only the beginning. A victim could be unable to return to his or her job entirely. Scooter riders, motorists, and pedestrians are all at risk for these and other damages.

Regardless of whether you are a driver, pedestrian, or operator, a scooter accident can have serious consequences. You should speak with an attorney at your earliest convenience if you suffered an injury. If another party has been negligent, you may be entitled to compensation. The litigators at Hammers Law Firm fight for justice. Contact one of our experienced professionals to review your claim today.

Helmets save lives, especially for motorcyclists. As a Georgia motorcycle accident attorney will tell you, Georgia’s helmet laws are some of the strictest in the country. In fact, Georgia is one of only 19 states that require helmets at all times when you’re on your motorcycle. It’s easy to forget these laws the longer you ride. Violating them can potentially affect the outcome of an accident case.

Your helmet must meet certain specifications to comply with Georgia law. Helmets approved by the U.S. Department of Transportation (DOT) will carry a sticker on them along with other labels. A helmet that complies with state law will feature the following characteristics:

Helmet weight. Helmets that meet DOT standards weight approximately three pounds. A helmet weighing less than this does not provide adequate protection.

Inner liner. The right helmet will have an inner liner of polystyrene foam, about one inch thick. Helmets with thinner liners, softer foam, or no foam at all are not as safe.

Chin strap. A chin strap will help keep the helmet on a rider’s head in case of an accident. Therefore, the rules require a sturdy chin strap that will not easily break.

Other design features. DOT-compliant helmets often carry a full-face design. Some visors are permitted, but in general, items should not stick out from a helmet.

The Georgia Department of Driver Services also recommends wearing reflective gear and bright colors while riding. Other items that should be worn are boots over the ankles, long sleeves, long pants, and padded gloves. It is recommended that sleeves be leather, and that over-pants are also worn.

Georgia also requires that eye or face protection be used while riding. In order to be effective, this protection must:

Be free of scratches
Be resistant to penetration
Give a clear view to either side
Fasten securely, so it does not blow off
Permit air to pass through, to reduce fogging
Permit enough room for eyeglasses or sunglasses, if needed

Common head injuries that a Georgia motorcycle accident attorney sees affect the brain, spinal cord, eyes, teeth, and face. They include concussions, traumatic brain injuries, broken noses, and broken facial bones. Serious accidents can also result in long-term problems such as loss of coordination, decreased motor skills, and decreased cognitive abilities. After an accident, some riders no longer wish to ride motorcycles, if they are fortunate enough to retain good physical health.

It’s undeniable that helmets improve safety, and the proper helmet will ensure the safest riding experience. Still, many motorcycle riders do not feel obligated to follow Georgia’s guidelines. Not wearing a helmet in Georgia can result in stiff penalties. Riding without a helmet is a misdemeanor, with a maximum punishment of a $1,000 fine and one year in jail. In practice, however, the actual penalties are far less severe.

But if you were not wearing a helmet at the time of an accident, your case could be complicated. If you were violating state helmet laws when injured, it may be more difficult to receive compensation for your injuries. There’s no need to jeopardize your safety. And you should not make it less likely to be compensated in the unfortunate event of an accident. All riders should learn the rules of the road and follow motorcycle safety requirements.

IF YOU’VE BEEN INJURED, A GEORGIA MOTORCYCLE ACCIDENT ATTORNEY CAN HELP

Wearing a helmet with proper safety gear helps minimize the consequences of accidents. But nothing can keep riders completely safe. Motorcycles are still smaller than automobiles, so their riders are more prone to serious injuries. If you’ve been hurt in a motorcycle accident caused by a negligent driver, you need an experienced Georgia motorcycle accident attorney. Hammers Law Firm can help. Give us a call today.

After an injury or automobile accident, you’ll likely be dealing with an insurance company. A personal injury lawyer may be able to assist you with handling these communications. Whether you retain legal counsel or not, you should beware of these tricks the insurance companies may use against you.

Recorded statements. The insurance company will call you regarding your accident or injury. Be careful. There is some basic information you will need to provide the insurance company regarding your claim. This includes the following:

– Your legal name – Your address – Your age – The name of your insurance company – Date and time of day the accident or injury occurred

There may be other basic information required to process your claim. Beyond this, you’re not obligated to provide information and should defer questions to your personal injury lawyer.

What you should especially be concerned about is an adjuster who asks you to give a recorded statement. You are not required to give one, and you shouldn’t.

Insurance adjusters are not your friends and are not interested in helping you. They may come across as friendly or empathetic. At the end of the day, their interest is the insurance company’s bottom line. This is why it’s a good idea to hire a personal injury lawyer.

A recorded phone call serves two purposes for the insurer. The company will ask questions to try to trick you or pry information from you. This is underhanded because after an accident or injury you may not be thinking clearly. You will likely be emotionally distraught and stressed. You may even be under the influence of medication. These conditions allow an adjuster to try to exploit you and get you to “admit” things that aren’t even true.

Secondly, the adjuster wants you on record about certain things that can later be used against you. Let’s say the adjuster starts asking about your pain. You mention your head, your neck – but not your arm. Maybe the pain is mild, or maybe the pain starts later. Regardless of why you didn’t mention your arm, the insurer will jump on this omission. A recorded statement can therefore later be used to deny the extent and nature of your injury.

Hiring a private investigator. This is a common practice used by insurance companies to make sure claimed injuries are real. There’s nothing inherently wrong with this. The problem is how the insurance company may use the information it gathers.

Sometimes the issue isn’t what’s recorded – it’s what’s not recorded. For example, you may have work restrictions related to your injury. You may follow them perfectly for the vast majority of the time. If you deviate from them, even briefly, expect this deviation to be recorded. Expect that the 99% of the time you behaved in accordance with your injuries will not be presented.

Medical releases. Insurance companies often send medical release forms for injured parties to sign. It is understandable that the insurer wants to know the nature of the injuries you sustained. However, these companies often want you to sign general releases. These are broader than the scope of your injuries and open you up to potential problems.

A general release could expose all of your medical history – not just that pertaining to your accident or injury. This information could be used by the insurance company to argue that your injuries were aggravated by a preexisting condition. This, in turn, will help the company argue for a lower payout. Carefully review any forms the insurance company wants you to sign, and always consult with an attorney before you do.

Let A Personal Injury Lawyer At Hammers Law Firm Talk To The Insurance Companies For You

Communicating with an insurance company can be a mine field. Remember, insurance is a business, so the company’s primary interest is minimizing losses. At Hammers Law Firm, our primary interest is getting you the compensation you need. Let us handle the insurance companies. Reach out to an experienced personal injury lawyer today to schedule a consultation.

If you’ve been involved in an automobile accident, the injuries you sustained may be severe. Head, neck, and spinal injuries are common, and could worsen over time. Physical therapy is one suggestion that physicians make for recovery after an accident. Unfortunately, if you do undergo physical therapy, insurance companies may try to use that fact against you. That’s why you need an experienced Georgia accident attorney on your side.

The nature and degree of accident injuries will vary from one patient to another. These are some common examples of where physical therapy may help:

Neurological. In serious cases, an accident can cause a victim to lose basic cognitive functions. These include the ability to perform mundane daily activities we all take for granted, such as dressing ourselves. Physical therapy can help accident victims relearn simple life skills.

Spinal cord. These types of injuries are common with car accidents. Physical therapy can help relieve pain and prevent muscles from breaking down or weakening.

Bones, joints, and ligaments. You may need exercises to build strength and improve flexibility in these areas. Your physical therapist will know the kinds of exercises which will help with these and other injuries.

Physical therapy may be a viable alternative to surgery and medication with relatively quick recovery after an accident and fewer side effects. It can also be cost-effective. You will want to speak to your physician about the options available to you. If your doctor suggests physical therapy, then you should consider some of these questions in choosing a therapist:

How long has the therapist been practicing? Most patients want to know that their healthcare professionals have a reasonable amount of experience. More experience doesn’t guarantee better results, but it makes the therapist more likely to understand your particular needs.
Does the therapist have experience treating your condition? Every injury is different, and therefore, so is every plan for physical therapy. Discuss your exact conditions with the therapist and ask whether he or she has treated them before.
How will the therapy be conducted? Every physical therapist has his or her own approach to treatment. Some use their hands and others use instruments. You may prefer one or the other, so ask which methods your potential therapist uses.

Although physical therapy can have incredible results for accident victims, insurance companies may view your treatment with a skeptical eye. A personal injury settlement can cover the costs of physical therapy. The settlement may also cover anticipated future costs. It may take a fight to win these damages. In attempting to reduce payouts, an insurance company may contend you didn’t need as much physical therapy as you received. Or it may even argue you didn’t need it at all. Having experienced legal representation is therefore critical to ensuring you receive the compensation you deserve.

Keep thorough and accurate records related to your physical therapy so you can seek reimbursement later. This includes copies of bills and invoices, as well as medical reports and doctor notes. Make notes of any locations you visit for your therapy. If you receive advance payments from insurance, Medicare, or Medicaid, they may later ask for reimbursement from your settlement funds.

ASK YOUR DOCTOR, AND YOUR LAWYER, ABOUT PHYSICAL THERAPY FOR RECOVERY AFTER AN ACCIDENT

Regardless of the severity of your injuries, make sure you follow all doctor recommendations. Physical therapy is not for everyone. In many cases, more traditional methods will better move you along the path to recovery after an accident. If your healthcare provider suggests physical therapy, you should seek compensation for your expenses. At Hammers Law Firm, we’re committed to ensuring automobile accident victims receive the treatment and compensation they need and deserve. Contact us today.

Accidents involving large trucks have a high probability of resulting in serious injuries, mainly due to their sheer size. Despite numerous trucking regulations intended to keep drivers safe, operator negligence remains a persistent problem. In 2015, 4,050 large trucks were involved in fatal accidents in Georgia, according to the Federal Motor Carrier Safety Administration. Here are some tips for driving defensively and what to do in the event of an accident.

Almost all truck accidents are the result of someone’s negligence. Keeping yourself safe on the road doesn’t just reduce the likelihood of injury. In the unfortunate event of a wreck, any liability on your part can hurt your ability to recover compensation. These are common factors in large truck accidents:

Driving under the influence of alcohol. The legal limit of blood alcohol concentration for truck drivers is 0.04%. Alcohol can easily impair the higher skill set required to operate large trucks.

Driving while drowsy. Federal regulations govern the amount of sleep a truck driver must have. But deadlines, long shifts, and other factors cause many operators to break these rules. As with alcohol, lack of sleep makes it more difficult to safely drive a large vehicle.

Texting and phone use while driving. The rise of smartphones, apps, texting, and similar distractions has affected safety for all drivers. Truck drivers are no exception. It is illegal to text or hold your phone while driving in Georgia. Phone use of any kind can distract commercial drivers and result in unsafe driving.

Defective trucks and truck parts. A truck may be built with dangerous or defective parts, making the manufacturer potentially liable. Other times, parts that require regular maintenance to function safely are not cared for properly. Here, the truck company (rather than the driver) may be responsible for an accident.

Road hazards. Potholes, debris, and unsafe or poorly maintained construction zones can cause large truck accidents. Depending on the circumstances, you may have a claim against a government entity for failing to keep roads safe.

Common injuries involving large trucks include the following:

Brain and head injuries. These include skull fractures, concussions, and traumatic brain injuries. Loss of motor functions, vision problems, and memory loss may also result.
Neck and spine injuries. Herniated discs, whiplash, and – in more serious cases – paraplegia could be involved.

Fractured bones. In some cases, recovery from bone fractures may involve using plates, pins, and rods.

Internal injuries. The most serious of these include damage to organs such as kidneys and lungs.

Your attorney should be aware of all of the medical complications arising from your accident. This will help ensure you receive the compensation for medical expenses you need and deserve.

Because trucking is regulated by the government, a rule violation causing an accident will likely result in liability. These are examples of the most common rules that are broken when truck accidents happen:

– Tired drivers – Improperly maintained trucks – Breaking highway safety and traffic laws – Poor training of drivers

An attorney analyzing your case may review driver logs, maintenance records, and the crash report. In some cases, manufacturer defects in the truck may be relevant. Accident witness statements and photographic evidence can also be helpful.

A GEORGIA TRUCK ACCIDENT ATTORNEY WILL WORK TO GET YOU THE COMPENSATION YOU DESERVE

Make sure your attorney is aware of all relevant facts in your accident. In addition to medical bills, you may be entitled to compensation for lost wages and property damage, among other losses. Trucking is dangerous work, but it’s sometimes more dangerous for the other drivers on the road. Drive with caution and contact the truck accident attorneys at Hammers Law Firm if you’ve been hurt.

Witnesses to an injury or accident include both the victim and any number of third parties. You and other individuals can testify as to the facts and events leading to the incident itself. There’s another set of individuals who can testify to more technical or scientific matters surrounding your case. These are the expert witnesses, and they play a critical role in your and your attorney’s work to win compensation.

The difference between an ordinary witness and an expert witness is primarily the information about which the person can testify. An ordinary witness can testify as to events he or she observed involving your injury or accident. Meanwhile, an expert witness can testify as to some specialized field of knowledge that could be relevant to your case. Rules of evidence generally prevent ordinary witnesses from testifying to expert witness matters.

A good example of when an expert witness may be helpful is an automobile accident involving an at-fault driver. The driver may deny he or she was negligent and try to blame the accident on someone or something else. An ordinary witness can testify as to the chain of events leading to the accident. An expert witness can go further in application of his or her specialized knowledge and experience. He or she can analyze the accident scene and other information to demonstrate that the driver’s negligence was responsible for the incident.

These are some situations where your personal injury attorney may want an expert witness to help a jury understand your accident or injury:

How the accident or injury occurred
Who was responsible for the accident or injury
The negligence, or degree of negligence, of the responsible party
How the accident or injury might have been prevented
What sort of physical or emotional injuries were sustained in the accident
The long-term forecast of the injuries

Ordinary witnesses can testify to facts that are readily detectable by one’s senses. These include sights, sounds, smells, and more. Expert witnesses may testify to matters that are not as apparent. He or she can explain certain theories in a case that lay out the plaintiff’s or defendant’s position. For example, a medical expert can testify how a victim’s injuries from a car crash revealed themselves over time. This may be helpful in a case where the victim is trying to recover compensation for long-term treatment.

These are some examples of specific types of expert witnesses and what they may testify about in court:

Medical experts. These individuals will explain the extent of the victim’s injuries and the recovery process, among other things. Defendants tend to dispute the cost and necessity of treatments, so a medical expert will prove vital. Among these experts are medical examiners, surgeons, and rehabilitation specialists.

Accident reconstruction experts. These specialists demonstrate certain details that took place during the accident or injury itself. For instance, they can show the speed or trajectory of the vehicle that struck the victim. The accident reconstruction expert, therefore, helps establish liability and negligence.

Vocational experts. A vocational expert witness can explain how a victim’s job performance will be affected by his or her injuries. One purpose of compensation is to make up for the victim’s lost capacity to work. Experts quantify and explain that lost capacity.

Numerous other experts exist, and your attorney will discuss the different witnesses you may need.

THE TEAM AT Hammers Law Firm WILL PICK THE RIGHT EXPERT WITNESSES

A major part of your accident or injury case is testimony concerning what actually happened. However, this is usually not enough to get the compensation you deserve. The defendant will try to poke holes in your theory or argue a competing view of what took place. You need qualified expert witnesses who can clarify the facts for a jury. The personal injury attorneys at Hammers Law Firm have experience in selecting the experts you need to win. Contact us today about your case.

Property owners in Georgia owe certain responsibilities to guests and other individuals present on their land or at their businesses. This is a long standing pillar of premises liability, but various circumstances can make the rule murky. If you’ve been injured on someone’s property, your relationship to the owner will likely affect your compensation. The nature of the hazard which caused the injury may also affect the outcome. A Georgia personal injury attorney can help you understand better.

A premises liability lawsuit may be brought against a variety of property owners. Included are retailers, homeowners, landlords, property managers, and even government entities. Negligent owners or occupiers who fail to keep their premises reasonably safe for someone’s use could be held responsible.

There are a number of things that can make a home, business, or tract of land unsafe, including:

Slippery floors
Cracked or uneven sidewalks and pavement
Building code violations
Malfunctioning elevators
Poor maintenance
Unmarked hazardous or dangerous areas
Naturally occurring hazards

Victims may generally hold a property owner or occupier liable for negligently causing unsafe conditions. Negligently failing to repair or warn others of dangers or hazards on the property may also result in liability.

The exact duty of care owed will depend on whether the injured party is an invitee, licensee, or trespasser. The highest duty is owed to individuals who are invited onto the property. These guests are known as invitees. Property owners owe invitees the duty of ordinary care to keep the premises safe. They should, within reason, actively work to maintain a danger-free environment for their guests.

The responsibility to inspect and maintain premises is not absolute. An owner is not required to know, and therefore correct, every unsafe condition on the property. Instead, he or she must use ordinary care in keeping the property safe.

Licensees are individuals who are not invited onto a property but whose presence is allowed and usually customary. An owner should reasonably expect a licensee to be on the property, even if that person is not explicitly invited. Under Georgia law, a lesser duty of care is owed to the lessee than is owed to the invitee. The owner must avoid “recklessly or wantonly” injuring the licensee.

The lowest duty of care is owed to trespassers. A trespasser has neither express nor implied consent to be present on the property. The owner’s responsibility is to not to intentionally, willfully, or wantonly injure a trespasser. Exceptions exist to this duty. One is that a child trespasser will be treated as a licensee. For practical purposes, legitimate visitors to a property will likely not be considered trespassers.

Liability for an injury may be demonstrated in one of two ways. First, the victim can prove the owner had actual knowledge of the hazard and failed to address it. This responsibility may attach to the owner or to his or her agents. Second, the victim may show the owner had constructive knowledge of the danger and did not act to address it. This means the owner should have known of the problem, had he or she exercised reasonable care or diligence.

There is one major restriction on the ability of an injured party to receive compensation. Georgia law limits liability where the land is used for a purely recreational purpose. This includes property used for hunting, fishing, camping, and other activities.

IF YOU’VE BEEN INJURED, SPEAK TO A GEORGIA PERSONAL INJURY ATTORNEY

It is important for your Georgia personal injury attorney to understand all relevant facts pertaining to your injury on someone’s property. The nature of your presence there and what connection (if any) you have to the owner are especially pertinent. Your lawyer will try to establish that the highest possible duty of care was owed to you. If you’ve been hurt because of a land owner’s negligence, retain legal representation at your earliest convenience. The team at Hammers Law Firm can help. Call us today to set up a consultation.

Most drivers instinctively know that 18-wheelers and other trucks pose unique roadway hazards. An automobile accident involving a large truck can be far more serious than one involving a passenger vehicle. This in turn increases the likelihood of severe injuries and fatalities. Understanding the nature of truck accidents will hopefully encourage drivers to stay alert and stay safe during their commutes.

There are several contributing factors that make accidents involving large trucks especially dangerous. Some of them are:

1. Size and weight. The legal weight limit of an 18-wheeler in the United States is 80,000 pounds. This is before any oversize or overweight permits. By comparison, the average automobile weighs around 5,000 pounds. A large truck, therefore, delivers a more forceful impact in the event of an accident. Conversely, smaller vehicles cannot absorb the collision nearly as well. This makes many truck-automobile accidents devastating.

2. Slow braking. The size and weight of large trucks cause braking and deceleration to take more time. Even if a driver begins braking well before impact, the amount of force will still be relatively high.

3. Strength of the truck’s components and construction. Trucks are manufactured using strong metal components. The material used is overall stronger than that used to build passenger cars. On impact, a smaller vehicle is therefore likely to absorb more energy. This causes a significantly higher likelihood of injury for the passengers.

4. Hazardous and flammable materials. Many trucks are used to transport gasoline, chemicals, and toxic matter. In some accidents, vehicles can catch fire or victims may breathe in hazardous substances. This adds to the danger of large truck collisions and can cause long-lasting health consequences.

A truck accident can take many forms, highlighting the danger of these vehicles and the potential damage they can do. Common examples of truck accidents are as follows:

1. Head-on or rear-end collisions. Driver negligence, poor road conditions, or mechanical failures may cause these. A frontal collision between a passenger vehicle and truck will almost certainly be fatal for the smaller car’s driver. This is due to the truck’s size, the vehicles’ combined speeds, and other factors.

Rear-end collisions can occur for many of the same reasons as head-on accidents. Larger trucks especially have more difficulty braking. If a vehicle swerves into a truck’s lane or hits the brakes in front of one, an accident may result.

2. Rollovers. There are numerous causes of these accidents. Poor driving behaviors, such as sharp turns or over-correcting, may be responsible. Driving down steep declines and excessive speeds can also cause a rollover. Sometimes the load being hauled is top-heavy or not secured properly. A seemingly harmless weight shift of the load can easily turn into a major disaster.

3. Tire blowouts. Poor tire maintenance can cause any of the tires on a large truck to blow. If this occurs, the driver may lose control of the truck or swerve into another lane. On the other hand, the driver may erroneously over-correct and cause a secondary accident.

4. Left-turn accidents. A truck turning left may come into the path of an oncoming vehicle. Although sometimes this is the result of the smaller automobile speeding, operator error may be at fault. This is especially true for inexperienced or rushed truck drivers.

5. Improper lane changes. The size and length of large trucks require proper judgment when changing lanes. Not all operators are careful, and may find themselves merging into a lane already occupied by a vehicle. The resulting collision can force an automobile off the road, causing serious injury.

AN AUTOMOBILE ACCIDENT ATTORNEY WILL DEMAND THE COMPENSATION YOU DESERVE

The consequences of a large truck accident can be catastrophic, even fatal. You may be suffering from devastating injuries that will require time and money to heal. Meanwhile, your bills will pile up as you miss work. Don’t let accident costs spiral out of control. The truck accident attorneys at Hammers Law Firm will work to get the compensation you deserve so you can get your life back.

Increasing numbers of Americans have memberships to gyms, fitness centers and other workout facilities. Personal injury attorneys see many people who are injured as they work hard to get fit and stay healthy. Everyone knows that heightened physical activity carries the risk of accidents. At what point are facility owners, personal trainers and other individuals liable when gym patrons get hurt?

Before working out, make sure you are healthy enough to do so. If you’re sick, wait until you’ve made a full recovery before hitting the gym. Those who have been recently injured will need to approach exercise carefully as they get back into a workout routine. If you haven’t exercised in a while or anticipate especially strenuous activity, consult your physician first. As a general precaution, any health questions should be directed to a medical professional.

When you sign up for a membership to a gym, you will almost certainly need to sign a waiver. Waivers are also used by personal trainers, yoga instructors and others involved with physical fitness. The waiver is a contract which excuses the gym from any responsibility in the event you are injured. Generally, it covers any activity in which you might engage, such as fitness classes or using workout equipment. Because of the likelihood that someone will be injured, it makes sense for a gym owner to limit his or her liability. Georgia courts will, in most accident cases, uphold these waivers to bar financial recovery.

There are exceptions, however. For example, a judge could find that the language of the waiver is ambiguous or vague. If this is the case, the relevant terms of the waiver could be thrown out. Although this is one way to invalidate these contracts, most major fitness chains have adopted ironclad waivers to prevent this.

But, as personal injury attorneys will tell you, a waiver cannot excuse the gym from negligence. Georgia law doesn’t allow a facility to avoid liability in the event the accident was caused by its own negligence. If gym employees or management act in a negligent manner, causing you to be injured, the gym could be responsible.

There are numerous examples of negligence which patrons could encounter, including, but not limited to, the following:

Poorly maintained or broken exercise equipment
Failure to provide proper warnings or instruction on machines
Wet floors and other hazards that cause slips, trips or falls
Trainers or teachers who are unqualified or push you beyond your ability
Saunas and hot tubs that are set at too high of a temperature
Inadequate supervision at swimming pool areas

These and other situations can lay the foundation for a premises liability claim. You, as the customer, are entitled to a reasonably safe premises when you visit. This does not mean the gym has to somehow prevent all possible injuries. For example, countless people experience sprains and muscle strains because of overexertion. What the law is designed to prevent are unreasonable hazards, like allowing customers to use machines known to be malfunctioning.

Typically, there will be evidence the gym knew, or should have known, of the dangerous condition that caused an accident. That evidence might include:

Other members previously notified the gym of the dangerous condition
Witnesses who observed the faulty or broken piece of equipment which caused the injury
Failure to include basic safety devices such as a defibrillator in the event of an emergency
Improper staff hiring, training or retention
Failure to perform routine maintenance inspections of machines

If you’ve been hurt, documenting this sort of evidence could be essential to defeating the terms of the liability waiver. Because every personal injury case can turn on its facts, personal injury attorneys need to know the facts concerning your accident. This includes medical records, as well as any documentation connecting you to the gym (such as the contract you signed). An attorney will be able to guide you as to what information is needed to establish your claim.

CONTACT OUR PERSONAL INJURY ATTORNEYS TO DISCUSS YOUR CASE

Gyms have an obligation to keep their premises and their guests reasonably safe. If you have been hurt through no fault of your own, you could be entitled to compensation for your injuries. The personal injury attorneys at Hammers Law Firm have experience handling all types of negligence and premises liability claims. Speak to one of our dedicated professionals to get started.

Summer is here, and that means vacationers in Georgia will be visiting swimming pools at hotels, beaches and private residences. Swimming pool accidents remain a major cause of injury for many Americans. The Consumer Product Safety Commission reports that about 390 people drown each year in a pool or spa. According to the Centers for Disease Control, one in five who die from drowning are children aged 14 and younger. Other types of accidents can cause serious injuries as well. There are several ways to keep a fun visit to the pool from becoming a tragic event.

The law considers swimming pools to be “attractive nuisances.” This term refers to a dangerous condition on someone’s property that is likely to attract children and thereby cause harm. Owners of properties with pools – including hotels, motels, private residences and others – must take extra precaution to avoid swimming pool accidents. This means ensuring that pools are safe for children, even if they trespass or aren’t permitted to use the pool.

Among the steps a property owner may be expected to take in order to keep the pool safe are:

Installing fencing around the backyard or the pool itself. All property owners with pools in Georgia are expected to have proper fencing. Failure to maintain a sufficient barrier will likely result in liability in the event of an accident.

Using motion sensor alarms. These are typically necessary where the pool is enclosed within a house or other structure. A sensor can detect movement near a pool, or it can detect water movement when someone enters the pool itself.

Covering the pool. A protective cover can provide added safety, especially during off seasons or when property owners are out of town. They must be installed and used correctly, and the best ones are usually made of sturdy fiberglass.

Proper supervision of swimmers. When the pool is in use, the property owners must adequately supervise anyone swimming. Public pools should have lifeguards on duty, while unattended pools must have proper signage warning swimmers.

Locking gates and doors leading to the pool. These keep older children, who know how to open doors and gates, from swimming without supervision. A pool owner with a door or gate should keep it secured at all times.

Failure to take these and other steps may result in someone being hurt. Whether the owner of the property will be held liable depends on the circumstances of each case. Risks are increased in the event of alcohol consumption, poor signage, or lack of depth indicators. Lack of, or improper, safety equipment may also make it difficult to aid an accident victim.

Drowning is not the only type of injury sustained by swimming pool accident victims. Other injuries include:

Spine and neck injuries
Broken bones and lacerations
Paralysis
Traumatic brain injury (including permanent brain injury due to lack of oxygen in a near-drowning)
Internal injuries
Wrongful death

These and other injuries can affect adults as well as children. Accidents may result in extensive hospital stays and medical bills. In the case of near-drowning accidents, rehabilitation or disability care may be required. Adult victims may also lose time from work or have diminished earning capacity following a serious accident.

CONTACT A PERSONAL INJURY ATTORNEY WITH EXPERIENCE

Going to the pool is an enjoyable way to spend the summer. When adequate safety measures are put in place, few people experience any problems. When property owners are negligent, however, there is an increased likelihood someone will get hurt or killed. Be sure to read the Daily Report article detailing our client Ashton Schneider’s win in court after her near drowning at the age of seven, here. If you or a loved one have been involved in a pool accident, your first step is getting medical attention. The next step is making sure you are fairly compensated for your injuries. The experienced attorneys at Hammers Law Firm are ready to help with your case.

Driving at night presents additional challenges on top of the routine road hazards you encounter. Regardless of whether you’re driving in the city or on the open highway, it’s important to stay safe. Understanding the potential dangers of night driving will help you reduce the likelihood of a serious automobile accident.

There are several factors which make crashes more likely to happen at night. Among them are the following:

Increased risk of driving while drowsy, due to fatigue or insufficient sleep
Increased risk of coming into contact with a drunk driver
Construction zone accidents due to crews working overnight
Decreased visibility of lanes, other drivers, and road hazards
Being in an unfamiliar area could also make driving more difficult

If you can’t reduce or eliminate the need to drive at night, try implementing these safety tips:

Keep your windshield free of dirt, streaks, and smears. Dirty windshields can distort light, causing glare and difficulty seeing. You should also make sure that any cracks in the glass that obstruct your line of sight are fixed.

Don’t look directly into the headlights of oncoming vehicles. Night drivers often have their high beams on, even in the city. Keep your eyes focused on the road and away from the light.

Make sure your headlights work so other drivers can see you. Also, make sure to them on. Many drivers forget to use their headlights entirely, endangering themselves and others.

Avoid common distractions such as cell phone use or passengers causing disruption. These and other distractions are unsafe during daylight driving. They become much worse when it gets dark.

Wear, or get, corrective lenses if you need them. Far too many drivers neglect to wear glasses or contacts. And many more don’t bother to have their eyes checked to see if they need them.

Part of driving safe is taking steps which protect other drivers as well. For example, while other drivers can be careless with their high beams, you should be careful with yours. Indiscriminately using them at all times can cause someone else to have an accident. In addition, getting enough rest for long, overnight commutes is common sense and protects everyone. You simply should not be on the road if you’re exhausted from work or have had too little sleep.

Motorists can also endanger others when something goes wrong with their vehicles. If you experience an emergency, such as an imminent break down, try to get to the shoulder or emergency lane. Use your hazard lights and other equipment to alert other vehicles, and call for assistance if you have a phone. Accidents are more likely to happen when vehicles are not moved out of the path of traffic, especially at night.

Perhaps one of the best things you can do is exercise more overall caution in your night time driving. You should compensate for dark driving conditions by adjusting your speed and distance from other vehicles. Everyone’s visibility is a little worse at night, and this can decrease your reaction time. Give yourself enough room and follow all traffic signs and laws.

If You’re Involved in a Night Time Automobile Accident, an Attorney Can Help

Following these and other safety tips is a good way to reduce the probability of being in an accident. But even the best and most cautious motorists cannot account for the actions of others. Negligence still happens, and people still get hurt. If you’ve been injured in an automobile accident, you need legal representation. The car accident attorneys at Hammers Law Firm have extensive experience with automobile accidents of all types. Give us a call today to speak with our team at Hammers Law Firm.

One of the most basic responsibilities of a nursing home is paying attention to patients. When patients are left constantly in one position, such as in bed or in a wheelchair, they can develop bedsores. These painful sores shouldn’t occur, but when they do, the patient and/or family may have cause to recover for neglect.

Also known as pressure sores, bedsores are painful injuries that develop in typically bedridden or otherwise immobile nursing home residents. The pressure of the patient’s weight restricts blood supply to the skin and tissue. When this occurs, the tissue can die and open up, leaving a wound. If the wound is not treated, it can become infected.

Bedsores are painful and can take months to heal. They can also aggravate existing health problems. Nursing home patients often die as a result of bedsore infections. There are several areas of the body that are particularly at risk for developing bedsores, including:

Hips
Lower back
Tailbone
Back or side of the head
Shoulder blades
Ankles
Heels

Numerous factors make bedsores more likely to occur in nursing home residents. One is lack of cleanliness. Urine acidity can break down the skin, so a resident should not be left in his or her own waste. Unfortunately, this happens when neglectful staff is not properly monitoring and cleaning their patients. Lack of clean conditions can not only increase the likelihood of developing bedsores; it can cause infection. If not properly treated, infected bedsore can lead to sepsis, which is difficult to treat and is often fatal.

Malnutrition and dehydration weaken the body, which makes the skin more brittle. This, in turn, can cause bedsores to develop. Another cause of bedsores is constant friction against the skin from sheets and other fabrics. Wet or tender skin is especially susceptible to friction wounds. A patient should have clean, dry clothing and linens at all times.

Symptoms of bedsores include the following:

Sore or tender areas of the skin
Unusual changes in skin color
Changes in skin texture
Swelling
Pus-like draining
An area of skin that feels warmer or cooler to the touch relative to other areas

There are generally four recognized stages of bedsores which indicate their severity.

Stage 1. Dark skin patch which may be tender or painful to the touch. Left untreated, a Stage 1 bedsore can turn into an ulcer. At this stage, there are no tears or breaks in the skin. The skin is often warmer than in surrounding areas.

Stage 2. The skin has broken open, worn away, or formed an ulcer. A Stage 2 bedsore often looks like a scrape or blister. Some skin may die or be damaged beyond repair.

Stage 3. Bedsore worsens and extends into the tissue beneath the skin. Fat and yellowish dead tissue may be exposed.

Stage 4. At this level, the injury reaches into muscle and possibly bone. Extensive damage to deeper tissues, tendons, and joints may occur.

As mentioned above, untreated bedsore can lead to potentially fatal sepsis. In some rare cases, aggressive cancer known as squamous cell carcinoma can develop. This may be due to recurring bed sores which cause chronic inflammation. Chronic inflammation is a known risk factor for squamous cell carcinoma.

Why You Should Contact a Nursing Home Injury Attorney

Bedsores are a strong indication that a nursing home patient is being neglected. Families rightfully expect that their loved ones will not be subjected to these painful, avoidable injuries. When they are, they may have cause to take legal action. The nursing home injury attorneys at Hammers Law Firm are experienced with a variety of nursing home injury, abuse, and neglect cases. We will investigate what happened and make sure that the parties responsible are held accountable for bedsore injuries. Be sure your family member gets the medical attention he or she needs, then call us to discuss your case.

2018 brought a significant amount of rain to Georgia, approximately 70 inches more than the state average. Rainy conditions increase the risk of automobile accidents, especially in urban and high traffic areas. Here are some safety tips for handling rain and the steps you should take if you’re involved in a crash.

If you’re driving in the rain, you should be aware of why the roads and highways are less safe. Rain increases the risk of a car accident for numerous reasons, including:

Heavy rain and severe thunderstorms decrease visibility. This makes it difficult to see other vehicles, traffic signs, and obstacles in the road.
Oil from vehicles mixes with rain and causes slick spots. As a result, it’s more difficult to control and steer your automobile.
Not all drivers handle the rain well. Some drivers unnecessarily slow down, while others don’t slow down enough.
Flash flooding can cause a vehicle to hydroplane. When this happens, it becomes easy to completely lose control of your vehicle.

Considering the dangers of driving in the rain, these are some practical steps you can take to stay safe. First, before getting in your car, make sure you’ve checked the following:

Tires. Make sure your tires have adequate tread and are not bald. Bald tires cannot handle slick road surfaces. If you need new tires, get them at your earliest convenience.

Wipers. Your wipers should be able to clean rain, dirt, and debris from your windshield. Tattered or worn wipers should be replaced.

Brakes. In general, your brakes need to be properly serviced from time to time. This is especially true when driving in the rain.

Headlights and tail lights. Your lights help you see and help others see you. Make sure burned out bulbs are replaced and that your lights stay clean.

These are some suggestions for avoiding an accident when you’re driving in the rain:

Reduce your speed and let faster drivers pass you. Stay below the speed limit.
Stay alert. Be aware of dangerous road conditions and traffic around you at all times.
Use your headlights. Even in light showers, this helps you see better and ensures other drivers can see you.
Maintain proper distance between you and other vehicles. Allow enough room between you and other drivers, and never tailgate.
Stay in the middle lane if possible. By design, these lanes tend to be built higher to avoid standing pools of water.

In the unfortunate event that you are in an accident, it’s key to act quickly. First, call 911 to report the accident and to treat any injuries. Report information fully, accurately, and in detail. You will best remember an accident in the immediate moments after it happens. Give as many particulars about what occurred to the responding officer as you can, including the identities of everyone involved. And tell the EMT about all injuries and pain you’re experiencing.

Next, try to document as much hard evidence about the accident as possible. If you are able to safely do so, take pictures of your vehicle at the earliest possible time. Also take pictures of the accident scene, other vehicles involved, and the weather conditions. Once your car is moved and everything is cleaned up, these photos will prove helpful in establishing liability and damages. Make sure all vehicles involved are identified. A proper police report will have this information. If you can locate witnesses or any kind of surveillance video showing what happened, do so. If you need to consult a car accident lawyer these photos can greatly help your case.

Call a Georgia Accident Attorney to Get the Help You Need

Rainy conditions demand even more attention and care on the part of all drivers. Negligent drivers who cause accidents should be held accountable when their irresponsible actions hurt others. Once you’ve gotten the treatment you need and have started gathering evidence, your next step is to hire a car accident attorney. The lawyers at Hammers Law Firm have been fighting for their clients’ rights for years. Speak to our team today.

Takata, a Japanese automobile parts manufacturer, faces ongoing class action lawsuits in the United States over defective airbags it sold. These lawsuits have also targeted numerous automakers whose vehicles came equipped with the airbags. And now, a new round of airbag injuries has focused blame on another parts manufacturer and other automobile brands.

An article on Law.com reports that lawsuits are now going after airbags made by ZF-TRW Automotive Holdings Corp. According to plaintiffs, a defective airbag control unit is causing airbags not to deploy during a crash. These units contain a circuit which is supposed to monitor crash signal sensors. However, the circuits have failed under stress. This, in turn, causes the bags to not deploy and thereby increases the risk of serious injury or death. These lawsuits follow an April 2019 announcement by the National Highway Traffic Safety Administration of expanded investigations into airbag injuries.

Plaintiffs argue that ZF-TRW, Hyundai, and Kia knew about this defect as early as 2011. They allegedly knew of the risk of injury and death because there were actual crashes in which the airbags failed. The lawsuits maintain that the defendants sold the bags and the vehicles with them, despite knowing about the defects. There may have even been a conspiracy among the defendants to hide known defects from the public.

These new claims have drawn comparisons to the Takata lawsuits, and have once again exposed weaknesses in many airbag systems. That case is still presenting challenges. At least 20 people have been killed, and many more seriously injured, by Takata airbag explosions. A relatively safe chemical had been used to inflate and deploy bags. However, spotting an opportunity to cut costs, plaintiffs allege, Takata replaced the safe chemical with a cheaper, more volatile one. Over time, the chemical can become unstable. This is especially problematic in warm and high humidity locations. As a result, the airbags explode upon impact or other activation.

We tend to think of airbag deployments as sudden, explosive bursts, occurring almost instantaneously after a crash. The problem with the Takata airbags is that they were exploding like bombs. These deployments sprayed the driver and passengers with metal shrapnel. The resulting injuries were quite heinous and included some of the following:

Scrapes, bruises, and blunt force trauma
Organ injury
Lacerations
Eye injuries, vision loss, and blindness
Vocal cord damage
Injuries to the neck, spine, and brain
Bone fractures in the ribs, sternum, and other areas
Burns
Scars

Many different vehicles were discovered to have come equipped with these dangerous airbags. These are now subject to ongoing recalls throughout the country. A government website has been established which keeps a running list of affected vehicles.

Those who are concerned that their vehicles may be affected can also check. Visitors can search this website using their car’s Vehicle Identification Number, or VIN. Finally, contact your automobile dealership for any questions or concerns about possible recalls.

If you’ve been injured by a defective airbag, made by Takata or another manufacturer, you may be entitled to compensation. Depending on your case, you could be eligible to recover for the following damages:

Medical bills – past, present, and future
Pain, suffering, and emotional distress
Lost wages
Lost and decreased earning capacity
Special accommodations to assist with your injuries

Hammers Law Firm is aggressively investigating and pursuing claims related to defective airbag injuries. There are some ways you can bolster your case if you’re one of the many people who have been hurt. To start with, you should document all of your injuries and the expenses associated with them. A good way to do this is to collect hospital, medical, and prescription drug records. You should also try to take pictures of the deployed airbag and the surrounding areas, especially if shrapnel is present. Any other photographic evidence showing any problems may be useful as well. Finally, if you have any repair or automotive records relating to the airbags, show them to your product defect attorney.

A Product Defect Attorney Can Help

Lawsuits involving product defects are extraordinarily complex. The attorneys at Hammers Law Firm have the experience and dedication needed to fight for your rights. Contact us today to get started.

Motorcyclists are some of the most vulnerable drivers on the road because of their exposure to injury. At the same time, however, juries and insurance companies often have a bias against motorcyclists. This makes it difficult to recover damages after an accident, adding another hurdle to your claim. Who your attorney is will make a big difference in how you and your accident are perceived. That’s why you need the Atlanta, Georgia motorcycle accident law firm of Hammers Law Firm.

Just like any other driver, a motorcyclist who is the victim of an automobile accident may be entitled to compensation. Getting that compensation, however, may be easier said than done. You and your Atlanta, Georgia motorcycle accident attorney will still need to go through insurance and possibly a trial. Along the way, you could encounter these and other biases:

The motorcyclist must have been negligent. Stereotypes are difficult to overcome, and there are many when it comes to motorcyclists. Many people often assume they are irresponsible or unruly young people or gang members. This equates to presuming the motorcyclist’s liability even before hearing all of the facts.

The motorcyclist must have been speeding. We often think of motorcycles as especially fast and able to dart in and out of traffic. Some people base their perceptions of motorcyclists on previous personal interactions or observations. We’ve all seen motorcyclists race and endanger others, but obviously not all of them do this.

The motorcyclist was too hard to see. It’s true that motorcyclists are often more difficult to see than other vehicles. Unfortunately, jury members and others often use this to excuse clearly negligent automobile driver behavior. Instead of evaluating whether the driver was negligent, far too many are ready to give them a pass.

The motorcyclist is not entitled to fair damages. Regardless of why, some people just don’t like motorcyclists. This prejudice influences insurance adjusters and jury members alike. It is often revealed with low-ball settlement offers or paltry awards of damages.

In reality, most motorcyclists are responsible citizens who diligently observe traffic laws. They just want the fair treatment they deserve from insurance companies and courts. Bias against motorcyclists is an unavoidable reality in our legal system. But having an experienced Atlanta, Georgia motorcycle crash attorney is key to overcoming it.

Your lawyer will work to acquire the evidence needed to prove the at-fault driver was negligent. Some of that evidence may include:

Photographs and video of the accident scene
Photographs of the damage done to the motorcycle
Diagrams of the accident scene with careful measurements of distances
Medical records documenting the nature and extent of your injuries
Accident witness statements
Expert witness statements, including accident reconstructionists

An Atlanta, Georgia motorcycle accident attorney can also help rebut any attempts to impugn your character. This means using character witnesses and statements from family, friends, and others. In doing this, your lawyer will help put a human face to the accident – your human face. This makes it more difficult to justify bias and will help improve your chances of successful recovery.

The jury selection process is a major step in weeding out potential jurors who have a bias against motorcyclists. We understand the process and will use our experience to demand a jury that is fair. Insurance companies often base their low-ball settlement offers on how well they think the defendant would do at trial. Many insurers expect jurors to have stereotypes about motorcyclists and could use this as a reason to offer little. We anticipate all stages of an accident claim and work to eliminate biases where we can.

Hammers Law Firm Can Help You Overcome Bias Against Motorcyclists

If you were involved in a motorcycle accident, having an attorney is critical to winning the most compensation. Not only will you have to prove your case, you may need to defeat biases and stereotypes in getting there. Turn to the accident attorneys of Hammers Law Firm. We have experience representing motorcycle accident victims and we will fight for you. Reach out to us today to schedule your consultation.

Due to the sheer size of commercial trucks, truck accidents in Georgia tend to result in serious injuries. For that reason, and others, a different set of regulations apply to trucks and truck drivers. These regulations are put forth by the Federal Motor Carrier Safety Administration (FMCSA) and apply to truckers and their employers. One such rule involves the use of a log book to document a truck driver’s activity.

Log books provide valuable information that can be used by victims to prove negligence after an accident. Sometimes, truckers or their employers falsify these records to cover up their actions. When this happens, you need the dedicated and experienced Smyrna, Georgia truck accident attorneys of Hammers Law Firm.

Truck drivers put many hours and miles on the road while transporting goods. Their vehicles are large and heavy, meaning an accident significantly increases the risk of serious injury or death. The FMCSA recognizes that these drivers pose a different risk to the safety of others when compared to passenger vehicles. A driver could be susceptible to these and other common causes of truck accidents:

Driver exhaustion and fatigue from long hours
Use of alcohol, prescription, or over-the-counter drugs
Speeding or other forms of unsafe driving
Lack of focus and distracted driving

That’s one reason the log book exists. It documents the driver’s activities such as time driving and time spent in a sleeper berth. It also records how much break time the driver takes. The FMCSA stipulates the hours that a trucker can spend on the road, and the amount of rest they need. Using the log book, the driver documents whether he or she is in compliance with these regulations. Log book violations are serious. If uncovered, they could result in fines, license revocation, and other penalties.

Drivers can be tempted to falsify log books in order to appear in compliance with trucking regulations. It’s not unusual for them to pressured to do so by their employers, under threat of losing their jobs. But drivers know that log books can provide critical evidence concerning events leading up to truck accidents. That includes their own negligent behaviors. One of the first thing a Smyrna, Georgia trucking accident attorney will do is review this record.

An unscrupulous driver or employer may create “clean” logs to cover up driving hours violations. This can be done to make more money, since drivers are typically paid by the mile. In the event of an accident, it can be used to destroy critical evidence. Having the log book is absolutely essential to any claim involving a truck driving accident. A Smyrna, Georgia truck accident lawyer can assist in getting this record.

Proving that log book fraud has occurred is not easy. But using the process of discovery, your Smyrna, Georgia truck accident attorney can obtain the evidence needed. Forensics experts and others can be called upon in certain cases to review these and other records. If the log book turns out to be forged, it will go a long way in demonstrating negligence. However, the log book itself cannot be solely relied upon, even if fraud undoubtedly occurred. Other evidence will need to be examined in concert with it to determine what really happened.

Having the Right Truck Accident Attorney in Georgia Makes all the Difference

Truck accidents in Georgia can be catastrophic and result in significant medical bills and painful recovery. You need a truck accident law firm in Georgia who knows how to fight for the compensation you need. Hammers Law Firm can help. We represent truck and accident victims throughout Georgia, and we will demand the justice you deserve. Give us a call today to speak with our team about your case.

Whether you’ve been involved in an automobile accident or some other personal injury, you can expect medical bills. When most people think about the costs of an injury, they almost always consider the medical angle. It’s true that hospital bills, rehabilitation, follow-up treatments, prescription drugs, and more can be significant. But you can’t overlook how an injury could affect your livelihood as well. Knowledgeable Smyrna, GA injury attorneys are essential to making sure these matters don’t overwhelm you.

Lost wages and reduced earning capacity are two major consequences you could experience after an injury or accident. If you are hospitalized for a significant period of time, you won’t be able to work. The same is true if you need to undergo rehabilitation. But having to see a specialist and return for additional medical appointments will also take time away from your job.

If you were to lose your job, the effects could be catastrophic. However, if you are an hourly worker, losing even some time from work can pose problems. You may come up short on the money you need to pay the rent or mortgage, grocery bills, and more. It’s difficult to foresee all of the effects of losing time from work. For those Americans who are living paycheck to paycheck, however, it’s not so difficult to guess what it can do.

The first thing you should do after getting the medical attention you need is contact an experienced personal injury lawyer. Georgia is an at-will employment state. That means an employer may generally terminate your employment for any reason. Of course, there are some protections for workers with employment contracts and under state and federal law. One federal law that may apply to you is the Family and Medical Leave Act (FMLA).

An employee who qualifies under the FMLA can receive unpaid leave for up to 12 weeks without jeopardizing their job. Most people are aware of the FMLA’s protections for mothers who have recently given birth. But the FMLA can also give time off to someone with a serious health condition. This could include an individual recovering from an accident or other injury. Ask a Georgia personal injury lawyer if you qualify for FMLA protection.

After recovering from your injuries under FMLA protection, your employer must offer you the same or a comparable job. A comparable job would mean similar pay and prospects of advancement. But your employer can also insist on some form of proof or a statement regarding your injury.

The FMLA may protect your ability to return to work after you’ve recovered. However, the law does not obligate your employer to provide paid leave while you are out. That’s where lost wages come in. You can pursue the defendant in your personal injury or accident case for the money you lost from work. In addition to proving all elements of negligence, you need to substantiate your claim for lost past and future earnings.

A similar claim is for lost earning capacity. This refers to the decrease in your work productivity due to the injuries you sustained. Many employees cannot work at the same level as before an accident, especially if their jobs involve physical labor. Lost earning capacity may also cover reduced cognitive ability.

You should have a knowledgeable personal injury attorney who understands lost wages and lost earning capacity. Calculating these damages may not be straightforward. Lost wages must take into account approximately how much time in the future the victim will be unable to work. Decreased earning capacity is even more challenging. You’ll need to consider how much compensation is reasonable for a significant loss of earning power in the future. These damages may require input from expert witnesses to ensure the damages you request are reasonable.

Turn to Our Experienced Smyrna, GA Injury Attorneys

Taking on a personal injury or accident case is difficult. It’s one thing to establish that the defendant was negligent. You also need to calculate a reasonable amount of damages that will fairly compensate you for your injuries. These tasks require the experience that Smyrna, GA injury attorneys can provide. That’s where we come in. Turn to our local Smyrna personal injury law office today to discuss your case.

Any motorist can be seriously injured by negligent drivers. Motorcyclists, however, are significantly more at risk. Despite public safety campaigns to encourage drivers to be more cautious, major accidents involving motorcycles are all too frequent. In 2016, over 5,000 motorcyclists died in accidents, according to the National Highway Traffic Safety Administration (NHTSA). If you’re a motorcyclist who has been injured in an accident, you may be entitled to substantial damages.

Motorcycles don’t have the steel cages that surround drivers in vehicles. The only protection a motorcyclist has is the helmet and clothes they are wearing. As a Georgia motorcycle accident injury lawyer will tell you, this makes motorcyclists much more prone to serious injuries and fatalities. Some of the most common reasons that vehicles get into accidents with motorcycles are:

Turning in front of a motorcycle. This happens primarily at intersections where a driver is turning left. Other vehicles can obscure a motorcyclist from the responsible driver, or the turning vehicle may underestimate the motorcyclist’s speed.

Lane merging. Inattentive drivers who don’t look at their blind spots could merge right in front of a motorcyclist. This can directly cause an accident or cause the motorcyclist to react abruptly and unsafely, causing a wreck.

Distracted driving. Whether because of texting while driving or talking to passengers, distracted driving is always a problem. But motorcyclists are at a far greater risk of being hurt if they come across a distracted driver.

Alcohol and drug use. Driving under the influence endangers everyone, especially motorcyclists. About one-third of motorcycle fatalities in 2017 were due to alcohol, according to the NHTSA.

In addition to lacking the protection of a vehicle, motorcyclists may be thrown from their bikes and injured or killed. Among the most common motorcycle-related injuries are:

Broken bones
Lacerations and bruises
Concussion
Spinal cord and brain damage
Nerve damage
Road rash
Disfigurement

Motorcyclists should take special precaution when driving in inclement weather or heavy traffic. Night time driving is also especially dangerous. Besides obeying all traffic laws, including wearing a helmet, riders need to have appropriate gear. They should stay alert and focused, ride defensively, and never engage in risky maneuvers.

For motorcyclists who have been injured by negligent drivers, it’s important to take immediate action. Finding evidence of wrongdoing can be especially difficult for someone who is seriously injured. Many motorcyclists wear helmet-mounted cameras to record their trips. They have adopted this as a safety measure in light of the dangers that motorcyclists face in riding.

Footage recovered from a helmet camera can be particularly useful in establishing liability. In far too many cases, at-fault drivers flee the scene, so these cameras can also help identify the wrongful party. In addition to this sort of evidence, the following can help:

Witnesses to the accident, including their names and contact information
Police report, which should be made as soon as possible after the accident
Surveillance tapes, if there are any near the accident
Any evidence of distracted driving or other fault by the vehicle driver
Any evidence of drug or alcohol use
Photos and videos of the accident scene

We Help Motorcyclists Injured by Negligent Drivers Throughout Georgia

After getting the medical attention you need for your injuries, reach out to our personal injury law firm in Georgia. We will investigate the circumstances surrounding your accident and advise you as to your legal options. We will also review your injuries and help you know what an appropriate amount of damages may be. If possible, we will settle your claim with the responsible driver’s insurance company. But where settlement is not a realistic option, we’ll take your case to court and demand the compensation you deserve. Give us a call today to discuss your accident.

Nursing homes are trusted to protect and care for the elderly when they need it most. Tragically, they sometimes fail this duty and allow vulnerable patients to be victimized. One of the most egregious ways in which this happens is when a nursing home patient is sexually abused. Nursing homes have an obligation to keep their residents reasonably safe, so there’s no excuse for this crime to occur. If a loved one has been victimized by a nursing home, the facility may be held liable. You need a Georgia nursing home sexual abuse attorney.

Sexual abuse in nursing homes can happen at the hands of a staff member, visitor, or another resident. Not all nursing homes properly screen these individuals before they come in contact with victims. Even though nursing homes are responsible for the safety of their residents, family members must remain vigilant.

The National Center on Elder Abuse recommends that family members keep an eye out for these and other signs:

Bruises near the inner thighs, the genital area, or breasts
Unexplained genital infections or venereal disease
Unexplained vaginal or anal bleeding, pain, or irritation
Unusual difficulty sitting or walking
Torn, stained, or bloodied underclothing
Displays of extreme agitation
Withdrawal from social situations
Panic attacks
Post-traumatic stress disorder (PTSD) symptoms
Suicide attempts
Unusual behavior between the victim and the alleged perpetrator

You should get help immediately if you suspect abuse has happened or is happening. First, call the police. Next, notify the Office of the State Long-Term Care Ombudsman for Georgia. The Ombudsman’s job is to investigate and resolve complaints involving nursing homes. Then, contact a skilled Georgia nursing home sexual abuse attorney. Your attorney will advise as to what steps you should take next, including preserving evidence if possible. The sooner you take action, the better.

Staying in constant contact with your loved one is essential to preventing sexual and other forms of abuse. Nursing home residents are far more likely to be victimized when family members are out of the picture. Predators often prey on isolated patients, knowing there is little if any chance of the abuse being discovered. You should call and visit your loved one regularly. Visit the nursing home at different times to fully understand how the facility works. Ask questions of the staff and management, and make it clear you are involved in the patient’s well-being. Talk to an experienced Georgia nursing home sexual abuse lawyer to learn more practical tips.

Nursing homes have to take reasonable precautions to keep their residents safe. This means, for example, doing proper background checks on staff members and nurses. If residents are admitted with psychiatric disorders or criminal histories, nursing homes owe this same duty. They should therefore monitor these residents to make sure they don’t hurt someone. Security protocols should be adopted to limit access to nursing home facilities and ensure the staff are aware of visitors. These are just some of the safeguards a facility may take to minimize the risk of sexual abuse.

If the nursing home fails to protect your loved one from abuse, it could be due to negligence. The facts and evidence surrounding the attack itself will need to be examined. So, too, will the facility’s policies and practices in effect at the time. For example, the nursing home may not have adequate resident supervision. Or, a door or gate may have been left unlocked and allowed someone from outside to access the grounds. Ask your Georgia nursing home sexual abuse attorney more about establishing negligence.

We Represent the Victims of Nursing Home Abuse and Their Families

Hammers Law Firm understands how devastating nursing home abuse can be for victims and their families. We are committed to holding negligent facilities responsible when someone is hurt. Call us today. We will investigate your claims and advise you and your family of your legal rights.

College students rightfully expect that their campuses will be safe places for them to learn, have fun, and grow. And colleges owe their students a secure environment in which they can do so. But when colleges are negligent and expose students to unreasonable dangers, someone can get hurt. In some of the worst cases, the injuries can be severe enough to last the rest of the student’s life. If you or a loved one were hurt in a college campus accident, it’s important for you to know your rights. You can count on our Georgia personal injury attorneys to fight to hold your college accountable for acts of negligence.

Colleges and universities are required to keep their campuses reasonably safe for students. That doesn’t mean that a college can absolutely guarantee that no harm will befall a student during their time there. With thousands of students going to class, living on campus, studying, and socializing, someone is bound to get hurt. Negligence applies when the university fails to act reasonably with respect to its duty to keep you safe.

Some common examples of college student injuries that may give rise to negligence include the following:

Automobile, bicycle, and pedestrian accidents. College campuses are intersected with roads, sidewalks, crosswalks, bike paths, and other avenues of transportation. Although drivers are required to conduct themselves in accordance with traffic laws, colleges owe a duty as well. They are obligated to ensure that the roads, sidewalks, traffic signs, etc. are well-maintained and safe.

Slips and falls. Colleges are required to keep stairs, hallways, sidewalks, and other walking surfaces free of unreasonable hazards. That means free of not only environmental dangers like water, snow, ice, and other slick substances. It also means keeping these areas well-lit, properly maintained, and free of obstructions. A slip and fall can cause serious injuries like broken bones, spinal cord damage, and brain injury.

Criminal activity. Rapes, assaults, robberies, and other crimes are all too common on college campuses. It’s not possible to absolutely prevent these unfortunate incidents. But a college can adopt safety measures such as proper lighting and secure dormitories. When crimes occur, school administrators often try to turn a blind eye to them at the expense of student safety. That’s where you need an attorney.

Unsafe facilities. The number of dormitories, libraries, classrooms, and other buildings increases the likelihood you will come across some type of hazard. Elevators, stairwells, bathrooms, kitchens, and numerous other facilities could pose a danger. College campuses employ maintenance crews who are responsible for proper upkeep. But when they don’t do their jobs, someone can get hurt.

Holding your college or university liable in a college campus accident requires establishing several elements:

The college or university (defendant) owed you a duty of reasonable care
The defendant violated this duty of care through some act of negligence
The defendant’s negligent acts caused injury to you, the victim
You suffered damages as a result

You should be aware that Georgia follows a comparative negligence model. This means that if you contribute in some way to your own injuries, you could lessen your monetary recovery. If you are partially liable, a percentage of fault will be assigned to you. The amount of damages you may otherwise deserve would be reduced by that percentage. Having an experienced Georgia injury attorney is crucial to making sure that percentage stays as low as possible.

Call Hammers Law Firm if You Were Injured in a College Campus Accident

After you receive the medical care you need following a college campus accident, contact us. We represent injury victims throughout Georgia, and can fight to hold your college liable for your injuries. You deserve skilled and aggressive legal representation, and you can expect Hammers Law Firm to deliver. Call us today to discuss your case with our team.

Automobile accidents don’t just involve drivers. Thousands of pedestrians are injured every year in Georgia by vehicles and bicyclists. Because they lack the protection of an automobile, their injuries can be significant, even fatal. Recovering damages requires serious and aggressive legal representation. If you or a loved one were injured as pedestrians, a local pedestrian accident attorney can help.

Pedestrians walk to work, jog for leisure, get in and out of cabs, and otherwise fill the streets and sidewalks. This is especially true in urban areas like Atlanta, but by no means are pedestrians only found there. Outside of the city environment, there are generally fewer pedestrian-friendly paths. This means pedestrians often walk on the sides of roads, rather than sidewalks. They may not have crosswalks and crossing signals to use. Their paths may not be well illuminated, making it harder for drivers to see them. Motorists should always be on the lookout for pedestrians, especially when they’re not in the city.

Drivers are required to conduct themselves as a reasonable person would under similar circumstances. However, that doesn’t mean pedestrians are always in the right. Stepping out in traffic, not obeying traffic signals and walk signs, and other behaviors can impact a pedestrian accident case. In order to succeed on a personal injury claim, a pedestrian will need to prove the following in court:

The driver or bicyclist who injured them (the defendant) owed a duty of reasonable care
The defendant violated that duty of care through some act of negligence
The defendant’s negligence caused injury to the victim
The victim suffered damages as a result

There are important details to each of these elements that an experienced Georgia accident attorney will understand. For example, “cause” includes both actual and proximate cause. And while proving negligence is often the most challenging part, failure of any element can risk losing your injury case.

Pedestrians may be able to establish all elements of a negligence claim. But they must be mindful of actions on their part (such as violating crossing signals) that may lessen their damages. Georgia follows a comparative negligence model. This means if the victim is found to be partly to blame for their accident, they might receive fewer damages. Having a skilled Georgia accident attorney is important to help ensure you get the most compensation possible.

After an accident, it’s critical to gather as much information as possible. Identify the driver (or bicyclist), the vehicle, and any witnesses to the accident. Note the location, time, and date, as well as weather conditions and any important environmental factors. For example, if you were injured in or near a construction site, that could have relevance to the driver’s negligence. Get the medical attention you need, but also make a police report.

Then turn to a knowledgeable Georgia injury attorney who can demand the damages you need to recover. You may be contacted by the driver’s insurance company and offered a settlement to avoid court. Always let an attorney talk to the insurance company first. If you take a settlement and your injuries turn out to be worse, you won’t get another chance to recover. Depending on the nature of your accident, you could face these and other damages:

Hospitalization, medical treatment, and related bills
Expensive prescription drug medications
Lost wages due to time missed from work
Decreased earning capacity due to the severity of your injuries
Pain and suffering
Disability

Our Attorneys Help Injured Pedestrians Recover Compensation

Out firm represents victims who have been injured through the negligent actions of motorists. We also help pedestrians who have been hurt by bicyclists. Regardless of the nature of your injuries, let the experienced accident attorneys of Hammers Law Firm help. We will investigate your claims, review the evidence, and advise you of your legal options. Contact us today to schedule your consultation.

A motorcyclist is more likely to be seriously hurt or killed if he or she gets into an accident. Riders understand the risks they take, but they may not know what to do if they’re injured. They also may not know the rules of the road, and what ignoring them could mean to an accident case. If you’re a motorcyclist and you’ve been in an accident, let a skilled motorcycle accident attorney in Georgia help.

Motorcycles are smaller, more maneuverable vehicles that do not have the same physical protections as automobiles. For that reason, special laws govern motorcycle use. Riders should be familiar with the Georgia Motorcycle Operators Manual which address everything from licensing to operation of a motorcycle.

For instance, properly fitted helmets – compliant with U.S. Department of Transportation regulations – are required. Face and eye protection are also required, but to be effective it must:

Be free of scratches
Be resistant to penetration
Give a clear view to either side
Fasten securely to prevent being blown off during riding
Permit air to pass through in order to reduce fogging
Permit enough room for eyeglasses or sunglasses, if they are needed

One particular area that gets motorcyclists in trouble and jeopardizes their safety involves proper use of traffic lanes. Lane-splitting is the act of traveling between vehicles by riding along the white lines that divide lanes. In other words, it helps a rider go between stopped cars and proceed forward even in stopped traffic. Lane-splitting is illegal in Georgia, one reason being that a motorcyclist could collide with a car changing lanes.

Lane-sharing, on the other hand, is legal in the state. That practice involves no more than two motorcyclists riding side by side in the same traffic lane. One reason Georgia allows this is because at night, a motorist can see the two tail lights of two motorcycles. This makes driving safer for the motorcyclist and the automobile.

Motorcyclists who are found to be violating any traffic laws could find it difficult to win compensation after an accident. That’s because Georgia follows something called modified comparative negligence. In cases where the accident victim is partially to blame, he or she has to share liability. For example, if a motorcyclist is 10% responsible for the accident, the at-fault party’s liability is reduced by 10%. If your accident losses were $50,000, the at-fault party is only responsible for $45,000 ($50,000 minus 10%, or $5,000).

But it’s also important to know that if a motorcyclist is more than 50% liable, he or she cannot recover. That means you will not win compensation if the accident was mostly your fault. And liability can be pinned on a motorcyclist for violating any traffic laws that apply to them. This includes:

Speeding
Reckless driving
Disobeying traffic signs or signals
Following another vehicle too closely
Not using a turn signal
Not paying attention
Having a poorly maintained motorcycle

Of course, insurance companies love to blame motorcyclists for accidents. The insurance company’s goal is to minimize its financial responsibility and get rid of your case as quickly as possible. After a wreck, you may be contacted by an insurance adjuster and asked to give a recorded statement. However, this statement could be used against you later. Contact an experienced Georgia personal injury attorney before you speak to the insurance company.

Representing Motorcycle Accident Victims Throughout Georgia

Hammers Law Firm understands the laws that apply to motorcycles, as well as the tricks insurance companies use to deny responsibility. You need serious legal representation to ensure you recover the damages you deserve. If you’ve been involved in an accident, give us a call and let us help. Contact us today to schedule a consultation.

Burns are among the most painful and life-altering injuries that an individual can experience. It is not uncommon to suffer disfigurement, scars, and psychological consequences from your burn. The burn itself could cause disability or secondary complications with may endanger your life. If you suffered a burn injury due to someone else’s negligence, you deserve justice. A Georgia burn injury attorney at Hammers Law Firm can help.

Burns take many forms. For example:

Thermal: contact with a hot substance such as fire, heated pans, and boiling water
Electrical: contact with a live wire or other source of electric current
Chemical: contact with a harsh substance or irritant like cleansers, chlorine, and acid
Friction: results from rubbing or scraping skin against a hard or rough surface
Radiation: usually results from radiation therapy for cancer patients

There are generally three recognized degrees of burns:

First-degree: damage is limited to the outer layer of skin, known as the epidermis. Redness and minor inflammation are common, along with mild pain. First-degree burns usually heal in about a week without any major medical attention.

Second-degree: damages the epidermis and dermis, which is the next layer of skin beneath the epidermis. Blistering and extreme redness are common, and these burns may take weeks to heal. Some require skin grafts.

Third-degree: damages all layers of the skin, and sometimes bones and organs. Common signs include white or blackened, charred skin. Tissue, sweat glands, and hair follicles may be damaged. Skin grafts will be required.

If you suffered a first-degree burn, you will likely be able to recover without seeing a doctor. Second- and third-degree burns, however, require medical attention. You may need to be hospitalized, depending on the severity of your burn.

Some of the possible consequences of your burn injury include:

Infection
Hypothermia
Sepsis
Skin grafts
Disfigurement
Scarring
Breathing problems
Bone and joint problems
Therapy and rehabilitation
Brain and nerve damage
Anxiety
Depression

You can count on significant medical bills and related expenses if you suffer a serious burn. That includes follow-up treatments, referrals to specialists, and medications. You will likely miss work to get the treatment you need. You may not be able to return to the same level of productivity as before your burn.

Burns are often caused by some form of negligence, such as:

Automobile accidents. If you’re in an accident, you could experience thermal or friction burns. Some of the worst accidents result in fires or explosions, causing life-threatening burns.

Defective products. Product defects relate to design, manufacturing, and marketing (lack of adequate instructions or warnings).

Premises liability. When property owners don’t correct unsafe or hazardous conditions on their properties, they may be held liable for injuries. An example would be a live wire on a construction site which causes electrical burns.

Workplace hazards. Factory, industrial, and other workers may be exposed to chemical, thermal, and other types of burns. Workplace hazards, of course, can occur in any business or industry.

Demanding the compensation you deserve starts with hiring the right law firm. An experienced Georgia burn injury attorney will uncover all relevant facts in your case. We will also try to anticipate any argument that you may have contributed to your own accident. In Georgia, defendants can point to the negligent actions of plaintiffs to reduce their own liability. This has the effect of lowering your ultimate monetary compensation. We work to establish the defendant’s negligence and demand the compensation you need to get back to your life.

Call a Georgia Burn Injury Attorney at Hammers Law Firm Today

The personal injury law firm of Hammers Law Firm represent burn victims throughout Georgia. If you or a loved one were burned, turn to us. We will review your case, let you know about your legal options, and fight to hold the responsible party accountable. Call us today to schedule your consultation.

The blind spot presents a risk to any driver, but especially to those of large trucks. Even though truck drivers are generally well-trained, just one oversight can cause a catastrophic accident. Truck drivers who are changing lanes, stopping, and turning should not forget to check their blind spots. When negligent drivers fail to do so and hurt others, we’re here to demand the compensation that victims need.

Tractor trailers, commercial trucks, and buses are quite large. They therefore have much larger blind spots on the sides and in the back compared to other vehicles. Drivers or pedestrians in Mableton, Georgia who enter these blind spots are at risk of serious injury or death. Anyone driving large or oversized vehicles has a duty to carefully check blind spots. This duty certainly applies when changing lanes and turning. But the most responsible drivers will continually check their blind spots so they are aware of their surroundings. They will also use their mirrors well in advance of lane changes, turns, and stops.

During lane changes, it’s easy for a truck driver to not see a vehicle or pedestrian in the blind spots. The same is true when turning left or right and when merging lanes. If it’s dark or weather conditions are adverse, the risk of an accident increases. Of course, a truck accident is also more likely if the driver is engaging in negligent behaviors. If you’re an accident victim in Mableton, Georgia and were in the other driver’s blind spot, let our Madleton truck accident lawyers know. We will investigate what happened and let you know what legal rights you have.

Part of our accident investigation is to determine to what degree the victim may have been responsible for the wreck. Automobile accident cases in Mableton, Georgia have to consider the relative fault of both parties. This is especially true with respect to blind spot accidents, which can be difficult to prove. The truck driver might have failed to check blind spots, but negligent behavior by the victim could weaken the case. For instance, the victim driver may have been doing the following:

Cruising in the blind spot
Speeding
Jumping lanes
Not using headlights in dark or adverse conditions
Texting or otherwise driving while distracted

The presence of these and other actions on the part of the victim can potentially lessen their recovery. Insurance companies will try to find anything they can to take away from the truck driver’s negligence. But Mableton, Georgia automobile accident attorneys often find that insurance companies exaggerate or even make up these behaviors. If you’re facing an insurance company that is denying your claim, turn to Hammers Law Firm.

Sometimes courts believe that assigning liability to the truck driver alone is too difficult. After all, it can be hard to show what exactly the driver was doing when the accident happened. There’s no way to absolutely prove that the driver failed to check their blind spots. But our Mableton, Georgia automobile accident law firm will aggressively investigate to get to the truth.

That will likely mean getting detailed statements from you and the other driver about the accident. It will probably include checking the driver’s or trucking company’s records to identify related instances. And if we can find witnesses to the accident, we will speak with them too. We go to work for our clients and demand the compensation they need to heal from their injuries.

If You’ve Been in a Large Truck Accident, Give Us a Call

The specific facts of every large truck accident are critical to determining fault and calculating damages. Blind spot trucking accidents are unfortunately common, and insurance companies look for reasons to deny claims. At Hammers Law Firm, we’re here to help with your large truck accident. Before you talk to the insurance company, schedule a consultation in our Mableton, Georgia office.

Not all automobile accidents involve two or more vehicles. In many cases, only one vehicle is involved, injuring the driver and any passengers. Some single vehicle accidents are the fault of the driver. But in many of them, another driver who did not wreck will still be at fault. Whether you’re the driver or a passenger injured in a single vehicle accident, you need to consult an experienced car wreck attorney in Georgia.

Single vehicle accidents are more common than many people realize. They often occur on poorly lit, poorly maintained, and rural roads. Contributing factors to these accidents include the following:

Poor weather. Adverse weather conditions make it more difficult to see and safely operate the vehicle. Rain, ice, snow, or even bright, glaring sun can cause trouble for drivers.

Night driving. Decreased visibility at night makes it easier to get into a wreck. This is especially true if the driver is unfamiliar with the area.

Unsafe road conditions. Dirt roads, roads with heavy construction, and poorly maintained roads can cause accidents. Excessive curves, lack of guardrails, and unsafe road shoulders may also be factors.

Other drivers. Poor or dangerous driving on the part of other motorists can cause single vehicle accidents. Unsafe lane changes, abrupt stops, and speeding are common examples.

These and other factors are difficult to anticipate or avoid. But they explain why so many single vehicle accidents happen. They can lead to these and other types of crashes:

Running off the road and colliding with a tree, utility pole, or other stationary object
Colliding with a deer or other large animal
Driving over debris in the road, including large objects that have fallen off another vehicle
Automobile malfunction due to vehicle defect or poor design

As you can readily guess, not all of these crashes are necessarily the driver’s fault. An accident might be caused by driver error such as failing to account for bad weather. Depending on the circumstances in your case, the crash could be attributed – at least partly – to someone else. For example, if an object falls off a truck and causes a wreck, the truck driver is at fault. The same is true for unsafe and dangerous driving behaviors that cause another driver to run off the road. A vehicle with poor design could flip over on curvy roads.

The difficulty is holding these other parties at fault. This is especially true where another driver is responsible. By the time you know what happened, the at-fault vehicle may be long gone. If you believe another driver caused your accident, you need to act quickly. If there were other witnesses to the accident, get their contact information. Make sure to call the police and give a report, and obtain a copy of the report later. Photographs of your vehicle, where it was struck, and its position on the road could help. Surveillance footage, if available, would be especially useful.

Of course, not all accidents caused by another driver are so easy to document. You may have been in the middle of nowhere when the wreck happened, with no witnesses of any kind. You should still make a police report, and also speak right away with an experienced accident attorney. Your attorney can review your options and explore the possibility of claiming through your insurance policy.

If a third party caused your accident, such as a construction company or the automobile manufacturer, you’ll need legal assistance. Holding these parties responsible for your accident is no easy task. You will need to show that the at-fault party was negligent in some way which led to your accident. And you will have to show what sort of injuries you sustained because of the crash.

What if you were a passenger in the vehicle? If the driver is at fault, you could claim through his or her insurance policy. But the driver may try to pin responsibility on someone else. While the driver is denying blame, your injuries could get lost in the shuffle. An attorney can help.

Hammers Law Firm Helps Victims of Single Vehicle Accidents

No matter what type of accident you were involved in, your injuries won’t wait. Your best bet is to seek the help of a qualified Georgia automobile accident law firm right away. Don’t wait, because the more time that passes the more difficult it will likely be to file a claim. Call Hammers Law Firm today.

All-terrain vehicles, or ATVs, are common throughout Georgia. Although ATVs may be used for recreational or work purposes, they come with heightened safety risks. Unsafe and improper use of ATVs can endanger operators, passengers, and others. On the other hand, product defects and other problems with the ATV can also lead to injuries. If you or a loved one were hurt because of an ATV accident, you need experienced legal representation. Our Georgia ATV accident attorneys will be able to help.

The very design of an ATV makes it more dangerous than other vehicles. For instance, there is nothing enclosing or protecting the rider, which means it is easy to fall off. Even at low speeds or on slight inclines, ATVs are more prone to accidents. Wearing a helmet can help, but accident victims still risk major injury to the neck and spine. Bone fractures and crushed limbs are also common injuries that send ATV riders to the emergency room.

In far too many accidents, the victims are children. In some cases, the risk comes from an adult who lets a child ride unsupervised or without the permission from the child’s parents.

Some operators allow another person to ride with them on the back, whether or not there is an extra seat. But even if the ATV is designed to seat two people, negligent operation can endanger the other passenger.

To determine fault in an ATV crash, it is important to find out how the accident occurred. Most ATV accidents boil down to one of these causes:

Operator negligence. The person operating the ATV can endanger a passenger as well as others around him or her. That includes other ATV users and pedestrians. Negligent operation can include excessive speeding or going too fast for conditions. Failure to slow down for changes in the terrain (like hills) or environmental conditions (like weather) can also risk injury.

Negligence is a wide area that can account for many different behaviors. The operator may be under the influence of drugs or alcohol. He or she could be attempting a dangerous stunt, or disregarding traffic laws and safety regulations. In some cases, the operator allows someone who is inexperienced or too young to operate the vehicle. Knowing what exactly happened will usually help pinpoint who is to blame for the accident.

Environmental hazards. An ATV operator may encounter hazards on the path on which he or she is riding. Among these are potholes, unsupervised children, roadway debris, and more. An accident may be caused by either trying to steer away from the hazard or overcorrecting. The operator could be partly to blame, but a negligent property owner could also bear responsibility. Property owners are generally required to keep their premises reasonably free of safety hazards.

Manufacturer defect. The manufacturer of the ATV could be responsible for poorly designing the vehicle and failing to warn riders. The ATV could even suffer from an assembly or parts flaw that makes it less safe under normal operation. These cases are relatively rare, but they do occur.

Regardless of why the accident happened, it can lead to serious and sometimes life-threatening injuries. A victim may be hospitalized and forced to miss work for a long period of time. In extreme cases, the victim suffers brain injury or paralysis. Recovery may be long and painful, or even impossible. Death also occurs in some of the most tragic cases.

Victims should not be forced to bear the medical bills, loss of income, and other consequences of these accidents. But in order to recover damages, the responsible party must be held liable. That’s where having an experienced accident attorney is critical.

Contact the Georgia ATV Accident Attorneys at Hammers Law Firm

If you or a loved one has suffered injury because of an ATV accident, you need an aggressive personal injury law firm in Georgia. Count on Hammers Law Firm. We represent Georgia accident victims and demand the compensation our clients need to get back to their lives. Give us a call today to set up a consultation with one of our Georgia ATV accident attorneys.

Everyone knows that inclement weather makes driving much less safe. However, far too many irresponsible drivers try to use the weather as an excuse to cover up their poor driving. Bad weather does not give a driver a free pass to be negligent. Quite the opposite: when conditions are poor, drivers need to be even more cautious. When they’re not, and other drivers get hurt, you need an experienced Atlanta car wreck attorney on your side.

Atlanta traffic is already bad, even in the best of conditions. But poor weather adds to the problem. Each season brings its own set of hazardous weather. Everything from snow and ice to rain and wind can make driving less safe. And sometimes bad weather, like thunderstorms, can come on suddenly. It doesn’t matter when inclement weather starts or what type it is. Every driver owes a duty of reasonable care to all other drivers.

In clear conditions, that generally means safe and responsible operation of the vehicle. Go the speed limit, don’t cut off other drivers, avoid road rage, and so forth. When the weather is bad, it’s important to drive with caution. That includes slowing down, sometimes substantially. It also means using your headlights and wipers to maximize your vision. And, of course, you should take another look in your blind spot before switching lanes.

Still, even the safest drivers can get into accidents. The question for an Atlanta car wreck attorney is whether the crash was due to negligent driving. Many factors will go into this determination, and among them will be the weather conditions. If the other driver adjusted his behavior by slowing down and taking other precautions, proving liability may be more difficult. This means you may end up in a battle with the driver’s insurance company.

Bad weather also makes it more difficult for a witness to see whether another driver is being negligent. In clear conditions, there may be numerous eyewitnesses to reckless driving. During a downpour, however, visibility decreases for everyone. Most would-be witnesses are even more focused on their own driving. If a car hits you, there’s a good chance you won’t see it coming. That might mean no one else did, either.

So how can you prove someone was driving negligently for the weather conditions? Start with witnesses, if you have them. As mentioned above, not every negligent maneuver will be seen by someone else. But drivers who are exceptionally reckless are likely to be noticed. This is especially true if they are speeding or weaving in and out of lanes.

Next, look at the scene of the accident. Are the other driver’s tires bald or in otherwise poor condition? Are the headlights or wipers off? Is the other driver drunk or fatigued? Is there evidence of illegal cell phone use or other distracted driving? Sometimes it takes deeper investigation to determine if poor weather really is to blame. This is where a skilled Atlanta, Georgia automobile accident attorney will prove useful.

In any event, be careful what you do after the car accident. You should call for emergency medical assistance in the event someone is seriously injured or possibly injured. Call law enforcement, always, and make a police report. Even if you think you have not been hurt, see a doctor just to make sure.

An adjuster from the insurance company may contact you and ask you to give a recorded statement or provide other evidence. If you admit fault or say something that otherwise weakens your case, it may come back to hurt you. Let an Atlanta, Georgia automobile accident attorney handle the case and help you navigate the insurance companies.

Contact an Experienced Atlanta Car Wreck Attorney at Hammers Law Firm Today

If you or a loved one were hurt through no fault of your own, you deserve justice. Automobile accident cases can be complicated, and they demand the experience that Hammers Law Firm brings. We will thoroughly investigate your claims and advise you each step of the way. Reach out to our Atlanta car wreck injury law firm today and schedule your consultation.

After an automobile accident, you have to take medical action – not just legal action – to get compensation. This is also essential to your health and to treating injuries that may be serious. However, there are many post-accident medical decisions you can make that can significantly jeopardize your ability to recover damages. If you’ve been injured in an accident, a Mableton, Georgia car wreck attorney can guide you on what to do next.

We frequently tell our clients to seek immediate medical attention after an accident. This is true even if the wreck does not seem that bad. Many conditions which do not appear serious at first can worsen over time. And some do not even manifest themselves until later. The sooner that injuries are diagnosed, the more likely it is that you can recover compensation for them.

These are just a few conditions which may have delayed symptoms:

Concussion
Whiplash
Head injury
Brain injury
Blood clots
Herniated discs
Emotional and mental pain and suffering

Since these injuries and conditions may not show up at first, a medical professional needs to examine you right away; therefore, it is wise to see a doctor even if you think the accident was minor.

If you have been in an accident, the driver’s insurance company will be involved in one form or another. You should always hire a Mableton, Georgia accident attorney before speaking with an insurer. Remember, insurance companies are businesses, and they profit more when they pay out less for accidents. The insurance company is going to look for any excuse possible to deny your claim or reduce its payout. One way to make their job easier, and yours more difficult, is to delay treatment after an accident.

The more time that passes following an accident, the more likely it is that intervening causes can explain your pain. For example, if you waited a year after your accident before claiming pain in your neck, so much can happen during that year that it would be basically impossible to connect your pain to the accident.

But you don’t have to delay your treatment that long to give the insurance company this easy opening. Any delay will cause the insurer to blame something else or dispute your Mableton, Georgia attorney’s claims. Delays also allow the insurance company to argue that if you were really hurt you would have sought treatment sooner. Even if you had a good reason for the delay, it’s harder to convince a jury how bad you’re suffering. Don’t hand this argument to the insurance company. See a doctor immediately after a car accident.

Your doctor may recommend a course of treatment following your injury, or schedule follow-up appointments. Keep this simple rule in mind: follow all doctor’s orders. See any recommended specialists and follow all suggested treatments. Don’t miss appointments. And, be sure you let your Mableton, Georgia automobile accident attorney know what’s going on with your recovery.

Finally, one of the worst things you can do after an accident is fail to disclose pre-existing conditions. Let your Mableton, Georgia accident attorney know about these right away. Let’s say you have a prior back injury and do not disclose it after an accident. If the insurance company learns of this, your credibility goes out the window. How do they know, after all, that you’re not simply suffering the same pain you had before the wreck? Tell your attorney about any pre-existing conditions.

Don’t Let Post-Accident Medical Decisions Ruin Your Case, Call Hammers Law Firm

You only get one chance to recover after an automobile accident. Missteps along the way can diminish your trustworthiness and make it much harder to win. You’re dealing with seasoned legal and insurance professionals on the other side. You need someone in your corner who will fight for you. Let our Georgia based personal injury law firm demand the compensation you deserve.

Atlanta, Georgia drivers often use the phrase “reckless driving” to describe bad drivers, but what does it really mean? And if reckless driving was responsible for your automobile accident, how does reckless driving impact your accident claim? Reckless driving is not just illegal and irresponsible, it puts the lives and safety of other drivers at serious risk. If you’ve been hit by a reckless driver and suffered injury, it’s important to speak with a skilled car accident attorney.

In Georgia, reckless driving occurs when “any person…drives any vehicle in reckless disregard for the safety of persons or property.” A violator can face up to a year in jail and heavy fines for this misdemeanor crime. Reckless driving can take many different forms, depending on the situation. For example, reckless driving could mean:

Speeding
Driving too fast for weather or other conditions
Driving too fast in construction work zones
Failure to yield
Failure to obey traffic signals
Weaving through traffic
Passing illegally on the shoulder
Aggressive tailgating
Distracted driving
Driving under the influence of alcohol or drugs

The key is whether the driving showed reckless disregard for others’ safety. An Atlanta, Georgia automobile accident attorney understands that the facts will heavily determine whether reckless driving was present. And if so, the criminal penalties are just the beginning.

How the driver will be criminally punished is the province of the Atlanta, Georgia criminal court system. But civil liability may also attach where the reckless driving caused an accident. A criminal conviction certainly helps strengthen your case in civil court. It can also increase the likelihood of receiving punitive damages from the responsible driver

However, it’s important to know that the at-fault driver could be considered reckless even if no laws were violated. In other words, a civil jury may determine that the driver’s actions were clearly reckless. That can happen regardless of whether he or she was criminally charged.

The absence of reckless driving does not mean that the other driver automatically gets away. He or she may not face criminal punishment, but could still face liability for your accident. That’s because in civil court, the jury’s standard in considering your case is that of negligence. Negligence exists in Atlanta, Georgia automobile accident cases where the following are found to be true:

The driver owed a legal duty of care to the victim
That duty of care was breached because of negligence
The breach was a cause in fact and a proximate cause of the accident
As a result, the victim suffered injuries

Proving these elements in court takes an attorney with the experience and tenacity to hold the responsible driver liable. It also requires understanding what sort of damages may apply in your case. Picking the right Atlanta, Georgia automobile accident attorney can make the difference in how much you recover. As a victim, you could be entitled to these and other damages:

Medical expenses
Prescription drug medications
Lost wages
Lost earning capacity
Pain and suffering
Punitive damages

Whether or not reckless driving was responsible for your accident, we will thoroughly investigate what happened. Automobile accident cases are based strongly on the individual facts of each incident. The weather and traffic conditions, driver’s actions, victim’s actions, and many other factors are considered. So are the damages suffered by the victim and any long-term treatments. All of these affect the value of your claim. Our Atlanta, Georgia firm will fight to obtain the best results for you.

Contact a Knowledgeable Atlanta, Georgia Automobile Accident Firm Today

Hammers Law Firm has experience with all types of automobile accidents, and we can help you. Our dedicated team will discuss your legal rights and what sort of compensation you can expect. Give us a call today and find out what we can do for your case.

CJ’s Law, designed to increase criminal penalties for hit and run accidents in Georgia, goes into effect this month. Although the law strengthens criminal punishments for hit and runs, victims should also seek civil penalties against responsible drivers. That’s where having an experienced Atlanta, Georgia automobile accident attorney is essential.

CJ’s Law is named for Charles E. Jones, 23, who was struck by a hit and run driver in 2009. The driver left CJ alone in the roadway to suffer from his injuries. Another vehicle then struck and killed CJ. The first driver was never identified.

Penalties for Hit and Run Accidents in Georgia

Georgia law already requires that if a driver hits someone, they have to stop and call 911. Failure to do so is a crime. The penalty for a hit and run accident was previously up to five years in prison. It is now up to 10 years.

The legislation signals that Georgia is taking these kinds of accidents more seriously. But the consequences of hit and run accidents, even in non-fatal cases, are severe. Victims may be hospitalized and treated for their injuries. They typically endure painful recoveries and physical therapy and lose time from work during their healing. In the worst cases, like CJ’s, accident victims lose their lives. Atlanta, Georgia automobile accident attorneys understand this and will work to get you compensation for your losses.

In addition to stopping at the accident scene and calling 911, anyone who strikes a pedestrian or another vehicle must:

Provide their names, license plate numbers, driver’s license numbers, and insurance information
Try to provide medical assistance or get help (call an ambulance) for any injured parties
Stay at the scene if the victim is injured or dead

If you or a loved one were struck by a hit and run driver, your next steps are critical. First, of course, you need to seek immediate medical attention. Even if you believe you’re not hurt, there may be underlying physical injuries that have not yet manifested themselves. These injuries could become worse over time if not treated.

Next, call the police and make a police report. You will need a copy of this report later to pursue civil damages. But the police report also enables law enforcement to find and arrest the hit and run driver.

Let law enforcement do its job in finding the driver, but don’t be afraid to compile evidence on your own. If you were in a vehicle when you were hit, take photos or video of your automobile. Regardless, take photos of the accident scene and the exact spot where you or your loved one were hit.

Your next step should be to contact an experienced Atlanta, Georgia automobile accident attorney. An attorney can work with you on reconstructing what happened and locating evidence. For example, witnesses who stopped to give assistance may be of help. Sometimes, witnesses only come on the scene later without seeing the driver. You should still get their names and contact information.

A witness may be reluctant to get involved with your case. That’s why having an attorney can help. Although the witness may be hesitant to speak with you, he or she may be comfortable talking to a lawyer. An experienced attorney will also know what questions to ask and what information can help your case.

If you were in an area with surveillance cameras, you may be able to obtain video footage of the accident. This footage can help locate the driver so you can hold that person criminally and civilly liable. It’s not always easy to obtain surveillance footage, however, especially if it’s operated by a municipality. Here, again, having an Atlanta, Georgia accident attorney can prove critical. Your lawyer will work to get any and all surveillance videos that may help your case.

Fighting for Justice for Hit and Run Victims

The passage of CJ’s Law is welcome news to victims of hit and run accidents. If you’re a victim, you need aggressive legal representation to get the compensation you deserve. Call our office today and let us discuss your legal options with you.

A soft tissue injury can result from numerous types of accidents and physical trauma. Some injuries are relatively minor and will improve with time. Others are more severe, more painful, and may require more intense treatment. If you’ve suffered a soft tissue injury due to someone else’s negligence, you deserve compensation for your damages. The Mableton personal injury attorneys of Hammers Law Firm can help.

Soft tissue supports, connects, and surrounds other parts of the human body, such as organs. Examples include skin, fat, ligaments, tendons, muscles, nerves, and blood vessels. An injury to soft tissue is usually the result of some sort of physical trauma. The following are common types of soft tissue injuries:

Sprains – stretches or tears of a ligament, often seen in the ankles, knees, or wrists
Strains – injury to a muscle or tendon, often seen in the foot, leg, or back
Contusions (bruises) – damage to muscle fiber and connective tissue resulting from blunt force to the skin
Tendinitis – inflammation or irritation of a tendon, often seen in shoulders, arms, legs, and feet
Bursitis – inflammation of the bursae, which are fluid-filled sacs that cushion the joints
Whiplash – neck pain experienced when the head suddenly and violently moves forward, then back

Every soft tissue injury is different and can range in degree from mild to severe. Generally, a soft tissue injury will result in pain, swelling, and restricted motion. For relatively mild injuries, rest and the application of ice to the affected area will ensure a speedy recovery. But for more severe injuries, the victim may require physical therapy or even surgery in order to heal. Your doctor is best positioned to judge the nature of your injury, and the proper course of treatment. Don’t disregard the need to see a doctor after an injury, even if it does not seem serious. And be sure to follow all recommended treatments and prescribed medications.

Various types of injuries may damage soft tissue, including automobile or motorcycle accidents, slip and fall accidents, and sports injuries. When these injuries are the result of negligence, the victim may be able to hold the responsible party liable. If the responsible party is insured, the insurance company will likely reach out to try to settle the case.

Beware that the insurance company does not have your best interests in mind. Its goal is to quickly settle your case for the lowest amount of money possible so you’ll go away. If the insurance company calls, you may be asked to give a recorded statement. This can come back to haunt you later, because the insurance company may use your own words against you. Generally, you should expect the insurance company to minimize the nature of your injuries and the degree of your suffering.

Let an experienced Georgia automobile accident attorney speak with the insurance company for you. We will investigate your claims and demand that the insurance company pay a just amount of compensation. Depending on the nature of your injuries and course of treatment, you may be eligible for these and other damages:

Medical expenses, including for surgery, rehabilitation, and physical therapy
Prescription drug medications to reduce inflammation
Lost wages due to time missed from work to obtain medical treatment
Decreased earning capacity for more serious soft tissue injuries

Our Mableton Personal Injury Attorneys Can Help

Soft tissue injuries are often more severe than the victims initially think. After you seek and obtain necessary medical treatment, talk to the attorneys of Hammers Law Firm. Our team will diligently review your claims and let you know what legal options you have. Call us today to discuss your case and get started with a consultation.

Roundabouts have grown in popularity throughout the United States, and especially here in Georgia. They are generally considered to be safer than traditional intersections, although accidents can still occur. There are common sense rules for approaching these unique road features. However, it may not always be clear who is at fault in a traffic roundabout accident. If you’ve been injured in a roundabout, an experienced Smyrna, Georgia automobile accident attorney can help.

Many drivers are still unfamiliar with roundabouts, so there may sometimes be confusion as to how they work. Right-of-way rules still apply just as they do to driving elsewhere. That means you have to yield to other traffic before entering a roundabout. Before a driver merges, he or she should wait until a gap in traffic. The motorist should enter to the right, and then turn off to the right (while signaling) when exiting.

Accidents involving roundabouts still happen, and some of the most common ones are caused by:

Speeding. A speeding vehicle makes it more difficult for an oncoming driver to safely judge when to enter a roundabout.

Failure to judge distance. Conversely, an oncoming driver who fails to judge how close another vehicle is can cause a wreck when entering.

Failure to yield. Some drivers make the mistake of believing that traffic already in the roundabout must yield to them.

Not looking out for pedestrians. A pedestrian who crosses a roundabout may not follow a crosswalk signal, making it less safe.

Not being mindful of bicyclists. It’s easier to spot bicyclists when you’re driving straight and not having to watch for your exit from the roundabout.

Unsafe lane changes. In roundabouts with two or more lanes, it’s easy for drivers to unsafely change lanes when attempting to exit.

Sideswipe accidents. Drivers who don’t watch their lanes or who don’t pay attention to entering vehicles can sideswipe other motorists.

Rear-end accidents. These can still occur in a roundabout due to a driver not paying attention to his or her surroundings.

Although drivers who are entering a roundabout are expected to yield, the entering vehicle is not automatically at fault. A driver already in the roundabout who is speeding or driving unsafely could be liable instead. Georgia’s comparative negligence rules also mean that drivers may share responsibility for an accident. Your attorney will need to know as much information about the accident as possible to help defend your case.

Taking immediate action after an accident can help preserve your right to compensation. The first thing to do is obtain medical attention for anyone hurt, even if they believe their injuries are minor. Next, write down as many details as you can and give clear and accurate information to the police. Get a copy of the police report, as well as the identities of any witnesses to the accident. Take pictures or video of the accident scene as soon as you can.

You should also avoid speaking to any insurance companies. They will aggressively try to convince you to settle for less than your case is worth. An experienced attorney will thoroughly investigate the accident and demand fair compensation for these and other damages:

Medical expenses, including for hospitalization and follow up treatments
Prescription drug costs
Lost time from work due to recovery
Decreased ability to work because of injuries
Pain and suffering and emotional distress
Wrongful death in the event an accident victim dies

Let Our Experienced Smyrna Attorneys Help With Your Traffic Roundabout Accident

Hammers Law Firm is a law firm that handles personal injury cases. If you’ve been hurt, we can help. A knowledgeable attorney is important to getting the maximum compensation for your injuries. Put our experience to the test and give us a call today to schedule your consultation.

Guiding You Through the Claims Process

Because we strongly believe in the importance of access to legal services, many of our cases start with the free consultation that we offer anyone who needs legal advice. After getting the initial information they’re looking for, many clients decide to trust us with their case. Once you become a client, we handle the entire legal process—updating you throughout, ensuring transparency and building trust.

Some situations require in-depth investigations to uncover the evidence necessary to prove our client’s case. When evidence is already available, our experienced legal advocates will consolidate and organize the needed information. Some clients come to us with settlement offers from insurance companies, wondering if they are worth accepting. Our seasoned injury attorneys in Atlanta always consider all the facts before providing a recommendation.

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