Personal Injury laws protect those who have been injured in an automobile accident, in a building owned by another party, or by a defective product. Insurance may cover the problems and issues relating to the injuries suffered by an individual. Often, individuals find it difficult to get full compensation for their injuries when dealing with insurance companies, and need legal assistance. This is especially true for complex cases, such as those involving medical malpractice claims.
A car accident, also referred to as a “traffic collision,” or a “motor vehicle accident,” occurs when a motor vehicle strikes or collides another vehicle, a stationary object, a pedestrian, or an animal. While some car accidents result only in property damage, others result in severe injuries or death. There are many factors that can contribute to car accidents, and sometimes such accidents have legal consequences.
Commercial Vehicle and Trucking Accident:
Trucking accidents are among the most serious and deadly accidents that occur on our nation’s roadways and highways. Sadly, all types of trucking accidents occur on a daily basis, often with catastrophic consequences. Truck drivers are required to follow the Federal Motor Carrier Safety regulations, which govern the hours of work, driver training, and drug testing, among other things. In the event of a collision, the sheer size and weight of trucks as well as other large commercial vehicles can cause a tremendous impact on the individuals involved. This is especially true for occupants in passenger vehicles. Individuals often suffer catastrophic injuries such as traumatic brain injuries, spinal cord injuries, burns, paralysis and even death. Many of these types of injuries require lifelong care.
Most medical providers seek to provide good care for their patients. Sometimes, however, medical providers commit medical errors which can cause substantial injuries and damages. Medical malpractice is when a doctor or another medical professional – like a nurse or technician – does something or fails to do something that causes an injury or some harm to the patient. The mistake or omission can happen at any time during medical treatment. For example, your doctor may make a mistake diagnosing your illness, or he/she may not give you the proper treatment or medication for that illness. The key here is the standard of care. This is the generally accepted method or methods used by other medical professionals in the area to treat or care for patients under the same or similar circumstances.
If you can prove your doctor didn’t follow or “breached” the standard of care for your particular medical problem, then the first step in proving a medical malpractice case has been established. Importantly, Georgia law requires that a patient have the testimony of at least one expert witness in the same area of specialty to show that the medical provider fell below the standard of care. However, it’s not enough that your doctor made some sort of mistake. Before a lawsuit can be filed, the individual must show that the mistake caused damage or further harm.
If you believe you have been the victim of medical malpractice, call us for a free consultation.
Premises liability law is the body of law which makes the person who is in possession of land or premises responsible for certain injuries suffered by persons who are present on the premises. An apartment complex, or a store has a duty to keep its premises safe and warn people on the property of potential dangers. When a person is injured by an unsafe condition, the landowner may be responsible. This could be a slip and fall on a hazardous area, or something as serious as being the victim of a violent crime.
An employer cannot discriminate against its employees on the basis of race, color, gender, religion, or national origin. Hostile work environments, harassment, and retaliation are all prohibited by Title VII of the Civil Rights Act of 1964. It is also illegal to discriminate in violation of the Americans with Disabilities Act, the Age Discrimination in Employment Act, or the Family & Medical Leave Act.
Wage & Hour:
The federal overtime provisions are contained in the Fair Labor Standards Act (FLSA). Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay. Employees also must be paid at least the minimum wage for each hour worked. Employers may try to avoid this law by misclassifying employees as independent contractors, not keeping proper records of hours worked, or working employees off the clock. We have litigated claims under the Fair Labor Standards Act, including collective actions, involving overtime payments, minimum wages and worker misclassification.
A business dispute can occur in many ways. Usually, a business dispute arises between businesses when they disagree over the terms of a contract. A business dispute can also arise over property issues, shareholders’ rights, billing issues, executive compensation, or other disagreements. Many times partners or shareholders may disagree on the future of the business. Mergers or assets purchases may lead to disputes.
Employers may require employees to sign noncompetition agreements or confidentiality agreements that restrict what they can do after they leave employment with the company. These post-employment restrictions are now governed by the new Georgia Restrictive Covenant Act. The new law allows courts to enforce noncompete agreements in certain circumstances to the extent the court finds the restrictions to be reasonable. Employees leaving one company to work for another may have to review the restrictions they agreed to during their employment. Often, these kinds of cases can result in immediate litigation when an employer seeks an injunction prohibiting a former employee from going to work for a competitor.