In Georgia, it is important to have a basic understanding of automobile liability coverage.  Automobile accidents, although rare in a driver’s lifetime, do happen and are something we must all deal with accordingly.  Taking a proactive approach to understanding the necessary material within Georgia automobile insurance is beneficial for all Georgia motorists.

In the typical automobile liability policy issued in Georgia, the insurer (e.g. State farm, Allstate, etc.) agrees to pay on behalf of the insured driver all sums which the insured shall become legally obligated to pay as damages because of bodily injury, sickness or disease, including death resulting therefrom and because of injury to of destruction of property, including loss of use thereof arising out of the ownership, maintenance or use of the owned automobile or any non-owned automobile.  Ga. Automobile Insurance Law § 10:1 (2014-2015 ed.).

If you have purchased an automobile liability policy liability, this essentially means that your insurance company agrees to pay for any harm that results if you are found to be the “at fault driver” in an auto accident.

The insurer also has a “Duty to defend”, which means the liability insurer agrees to defend the insured in any action brought against its insured, which is covered under the terms of the policy. Id.  The insurer is contractually bound to represent its insured in accidents involving the insured automobile that causes bodily injury or property damage.  However, where a judgment is entered against the insured for injuries covered in the policy, the insurer is only obligated to pay that judgment up to the policy limits. Id.  The insured driver must pay any amount of money that is entered in the judgment above the policy limits.  For example, if a driver has a policy limit of $25,000 covering personal injury, and a court enters a $30,000 judgment against the driver for liability in an automobile accident, the driver is then responsible to pay for the additional $5,000.

When discussing Georgia liability insurance it is important to mention “stacking.” A judicially established rule that governs stacking mandates that liability insurance “follow the car” (insurance follows the car rule). This means that the coverage purchased for the automobile will follow the car regardless of who may be driving. Ga. Automobile Insurance Law § 15:1. The widely accepted judicial rule still may be altered by the terms of individual policies, and is also subject to three statutory exceptions: (1) the automobile dealer’s exception; (2) rental car agencies; and (3) insolvent liability insurers. These three exceptions change the order of stacking liability coverage in applicable situations. Id.

Within insurance law, the term stacking determines the priority of payment of insurance benefits where two or more insurers provide insurance coverage for the same insured event. Id. The term stacking comes from the idea that the primary policy forms the base and the other policies, if you have multiple cars, are “stacked” on top of the primary policy. Remember, the liability insurance coverage follows the car, so the primary policy covers the automobile being operated at the time of the incident out of which the liability arises. Id. at 15:2.

One distinction in automobile insurance that needs to be explained is the difference between liability insurance and uninsured motorist coverage (UM). Uninsured motorist insurance is beneficial to purchase because there many Georgia drivers operating their vehicles without insurance coverage. UM coverage applies if you are (1) not the at-fault driver and (2) the at-fault driver is uninsured or underinsured.

In Georgia, stacking can also apply to UM insurance coverage. Again, stacking is a potential option if you obtain insurance for more than one vehicle and you wish to combine the policies to cover the total dollar amount caused by the incident. In a situation where you are involved in an auto accident with an uninsured driver, and you are not found to be the at-fault driver, UM stacking would apply. As an example, if you have two cars, and your UM limit is $30,000, you could theoretically combine your UM coverage for a total of $60,000.

The benefit of stacking with UM coverage is that if you are involved with an uninsured motorist, you can combine your coverage to increase the payment limits of your auto insurance. The downside to stacking is that inevitably your insurance rates will be raised because insurance companies need to offset the risk of paying higher disbursements. Additionally, stacking cannot be used to cover property damage expenses, and can only be used for bodily injury damages.

As a Georgia motorist, the minimum limits of liability coverage required by law are bodily injury liability of $25,000 per person/$50,000 per occurrence, and property damage liability of $25,000 per occurrence. The majority of insured drivers in Georgia only obtain the minimum requirements of liability insurance.

No one wants to imagine the worst case scenario, but driving an automobile is one of the most dangerous activities a person can engage in. It may not be necessary to seek legal counsel if you are involved in an auto accident, but it can be helpful to gain a foundational knowledge of Georgia insurance laws.  At Haug Law Group, our car accident lawyers in Atlanta, GA can help to provide an understanding of insurance liability coverage which enables drivers to make intelligent decisions if misfortune occurs on the roadways.

Dogs truly are man’s best friend. Dogs show unconditional love for their owners and have even saved human lives in emergency situations. Unfortunately, some dog owners abuse or mistreat their dogs, fail to give them the appropriate training and make them unreasonably dangerous. All too often these “dangerous dogs” go on to attack another person or animal. Dog bites are some of the most common injuries in the United States today, and statistics show that children are most at risk.

To recover under Georgia law for a dog bite, the dog owner must have some prior knowledge of the dog’s dangerous behavior before the bite. Evidence of the dog’s “dangerous propensity” includes prior bites, jumping or lunging at people, mistreatment by the owner or some other evidence that gives the owner notice that the dog is dangerous. Georgia law also allows a dog bite victim to recover when a local ordinance requires that all dogs be kept on a leash when off their owner’s property and the attack occurs off the owner’s property when the dog is allowed to roam free.

Dog bites can lead to significant medical expense for the victim. Georgia law provides an avenue for the victim to recover the cost of these expenses from the dog owner or the owner’s homeowner’s insurance policy. A dog bite injury can require wound treatment, stitches, antibiotic medication and in serious circumstances, even plastic surgery. More and more frequently, children dog bite victims also need psychological therapy to help them cope with the profound fear of dogs that comes following a traumatic dog bite. A dog bite settlement or verdict can include payment for all these necessary services.

Georgia dog bite law also allows recovery for a person’s pain and suffering after a dog bite. This generally includes compensation for any permanent scarring left on the skin from the bite. The jury will make a determination as to the appropriate amount of pain and suffering compensation based on the specific facts of the case.

Dog bites are an unfortunately common injury that can have serious, long-term effects. Georgia law allows victims to recover compensation for the cost of their medical bills and their pain and suffering. An attorney with experience handing dog bite cases can further answer any questions a victim or his or her family may have about bringing a valid lawsuit.

Statute of Limitations

Every personal injury lawsuit must be brought within a limited amount of time of an injury under the Georgia Statute of Limitations.  The Statute of Limitations limits the amount of time that a plaintiff may bring a lawsuit.  If the plaintiff fails to bring his or her lawsuit within the time allowed by the Statute of Limitations, then the lawsuit is forever barred and the plaintiff may never recover.

The Georgia General Assembly enacted the Statute of Limitations to prevent the unfairness that would occur if defendants were forced to defend lawsuits years after the injury occurred.  Over time, documents are lost and memories fade, meaning that the jury has a more difficult time discovering the actual truth.  The law favors stability.  By requiring that all lawsuits be brought within a certain amount of time, the law ensures that the best quality evidence and testimony is available to discover the truth.

There are certain instances when the court will “toll” or extend the amount of time to bring a lawsuit under the Statute of Limitations.  The purpose of this is to protect those who either do not have the mental capability to bring a lawsuit or do not have access to the courts.  This means that in certain limited situations, the Statute of Limitations period can be extended for minors for example.  If the plaintiff does not qualify under one of these extremely limited circumstances, then a failure to bring suit in the Limitations period will lead to a forever loss of any right to recover.

The time to file a lawsuit under the statute of limitations may also be extended by the amount of time it takes the plaintiff to discover the injury.  This is most common in medical malpractice cases where the plaintiff does not realize that some procedure caused an injury until the symptoms of that injury begin to develop.  To prevent doctors from having to defend lawsuits in the future, the legislature has adopted a statute of repose – meaning the lawsuit will still be barred even if the injury is not discovered well into the future.

Finally, if the plaintiff’s potential lawsuit is against a government entity (whether local, state or federal), the plaintiff is required to give ante litem notice soon after the injury.  Ante litem notice is an official notice to the government that a lawsuit is coming.  Failure to send the ante litem notice to the correct government entity containing the appropriate language soon after the injury will forever bar the plaintiff’s right of recovery against the government.  A plaintiff with a potential case against any government entity needs to speak with a plaintiff’s lawyer immediately.

Ultimately, the Statute of Limitations serves to prevent defendants from fearing a lawsuit after a period of time in the future.  The Statute of Limitations, however, can forever take away a plaintiff’s right to sue if he or she does not act quickly.  Call a knowledgeable personal injury lawyer immediately to make sure your rights are protected from the Statute of Limitations deadline.

When I was kid, I had my first experience with the American Tort System.  I was in a car accident. I knew at that moment that I wanted to dedicate my life to the pursuit of civil justice for those wronged by the actions of another as a civil tort lawyer.

The word tort comes from the French word for “injury” or “wrong.”  For centuries, civilizations have struggled to create the best system for civil justice.  In ancient times, civil law required “an eye for an eye, and a tooth for a tooth.”  In other words, if your actions caused another person to lose their leg, then the authorities would cut off your leg too.  Luckily, the courts no longer apply this concept.  Today, justice in the American Tort System is given in the form of money damages.

No system is perfect.  Nothing will bring back the lost family member, restore the paraplegic’s ability to walk after a bad car accident, or take away a parent’s emotional pain of seeing their child suffer, but in the United States, the civil justice system aims to provide justice and compensation for individuals in their time of greatest need by awarding money damages.

Damages come in two distinctly different types.  First, damages can be used to compensate a person for their loss – these are called compensatory damages. Second, damages can also be used to punish and deter those individuals who have a complete disregard for the consequences of their actions.  These damages are called punitive damages.  Although rare, a court can award punitive damages when the responsible party’s actions are intentional or wantonness.

Given the nature of the America Tort System, the insurance system naturally developed in response.  Insurance allows individuals and companies to minimize their risk by pooling themselves with others.  Understand that when settling a case for their insured, the insurance company may not have the injured party’s best interests at heart.  Instead, the insurance company could be looking to pay the least amount possible.  Generally, a person only receives all the compensation he or she deserves through an effective attorney who knows the value of the case and the appropriate strategies for negotiation with the insurance company.

In our firm, we have dedicated our practice to helping those individuals get the compensation they deserve from the American Tort System.  Juries have given our clients record verdicts of both compensatory and punitive damages.  Since the day I was in my accident, nothing has given me greater personal satisfaction than getting a client a great settlement or jury verdict.  I know that I am making that client’s life a little better by helping them cope during the most difficult time of their life.

DISCLAIMER:  The above article is provided for information purposes only and is not intended to be, nor should it be considered, legal advice.  Legal advice can only be given by a licensed attorney in your jurisdiction following an individualized consultation.  If you are seeking legal advice, please contact an attorney in your area.

Disastrous medical malpractice can result in long-term impairment or even death for its victims. Because of this, people who have suffered expected medical malpractice can get damages for their injuries. By procuring an experienced Atlanta, GA lawyer for his or her family and devastating medical malpractice cases the victim will probably manage to start the process of recovering from their injuries.

What exactly is Catastrophic Medical Malpractice?
Medical malpractice occurs when the patient suffers death or harm as a result of neglect of his or her healthcare providers.
— Failing to quickly treat the patient’s health state, resulting in avoidable health issues.
— Failing to correctly diagnose the patient’s health dilemmas.
— Prescribing or administering incorrect medication to the individual.
— Failing to properly supervise nurses and other health care providers during the patient’s recovery.
— Perpetrating egregious mistakes during a surgical procedure.
In all these cases, the patient will most likely endure long-term unwanted side effects from her or his maltreatment. These effects may include the need to tolerate other medical procedures as a way to rectify the mistakes in treatment, long term disability, and sometimes, death. Oftentimes, the worst symptoms might not show until sometime after the treatment, making it crucial the victim consult with an attorney skilled in developing a convincing malpractice case.

Kinds of Compensation
When an individual suffers from devastating medical malpractice, she or he is able to get compensation from the court. In general, malpractice compensation is divided into actual damages and punitive damages.
Actual Damages
This group includes a wide range of components, as well as the casualty may receive reimbursement for the following types of damage:
— The prices of any present or future clinical treatment the victim must receive, including long-term rehabilitation or care.
— Compensation for lost wages and work opportunities.
— In Case the victim is crippled or killed, his or her family can receive damages for any lost companionship and support from their loved one.

Because estimating the correct amount of real damages to maintain might be a very complex issue, it’s important to really have a lawyer present who can effectively present the court with the victim’s case.

Punitive Damages
Punitive damages are inflicted in cases of egregious negligence or actual malice. These damages can be visited on more than one individual or group. As an example, a hospital that failed to remove an alcoholic employee would be responsible for punitive damages as a result of its failure. Most of the time, the defendant present wills convince to settle out of court, getting rid of the need for a long and stressful trial.

Obtain Punitive Damages in Court: Guidance from a Georgia Lawyer

There are all types of injuries that could happen and, consequently, there are several various levels of compensation which can be sought after suffering from someone else’s actions. Typically, injured people will need to seek damages for medical bills related to an injury, reimbursement for lost wages from work and compensation for suffering and pain. What many wounded victims do not realize is that they may additionally be capable to include punitive damages in a personal injury suit.

What Are Punitive Damages?
Punitive damages are intended to serve as a deterrent and a punishment. Punitive damages are frequently sought in lawsuits that involve harms caused by businesses or large organizations as a way to send the message that standards or the practices that resulted in the injuries involved are not adequate and should be changed. A business that does not supply regular safety inspections of its own facilities could be involved by an example of a scenario in which punitive damages might be sought. If an employee or visitor of such facilities is injured due to a collapsed roof, the injured person may contain punitive damages in his or her suit. This really is achieved to punish the firm for its neglect and to send a message to the business and its particular business that neglecting to provide regular, appropriate security inspections WOn’t be tolerated. The hope then is that standards will probably be raised across the board as a way to prevent potential injuries to others later on.

Should You Seek Punitive Damages?
If you and your attorney deem them necessary, punitive damages should be sought. Also, punitive damages should not be taken lightly and not punitive damages given will be seen by all cases. There are various reasons such damages wouldn’t be awarded, including claims that are frivolous, and seeking punitive damages may end up damaging your case and your credibility if they’re unwarranted. It is of crucial significance to talk to a personal injury attorney before seeking such damages to be able to maximize your potential for success and settlement.

Receive Answers from an Expert
In the Atlanta area and beyond, people turn to James R. Haug, of the Haug Law Group, for seasoned guidance when seeking punitive damages after an injury.

The increasingly ubiquitous nature of cell phones, particularly cell phones with advanced capabilities for example other applications that are diverting or video chat, has had a dangerous effect of America’s roads. Data on growth of injury fatalities due to mobile phone use in previous years show that the misuse of cell phones by passengers and motorists has resulted in a growing amount of preoccupied driver caused injuries, a lot of which have resulted in one or more fatalities.

The Causes of Cell Phone Related Accidents

In fact, the World Health Organization (WHO) has determined that conversations with passengers in the automobile are actually less risky than speaking or operating a mobile phone. Many cell phone based mishaps occur for these reasons:

— Texting while driving has been shown to be extremely dangerous.

— Many phones allow the use of amusement or social based apps, which can certainly divert the driver.

In many cases, a motorist might be participated in more than one high-risk action in precisely the same time, such as talking on a cellphone reading or while also sending a text message. This is particularly common among younger drivers, who are already at a greater danger of being involved in a severe traffic accident.

The Increasing Number of Phone Connected Fatality Accidents

Now, the amount of fatalities due to cell phone abuse remains cloudy as not all bureaus report whether or not driver cell phone use proved to be a contributing factor to the accident. However, the National Highway Traffic Safety Administration (NHTSA) noted that in 2004 there were 4,978 fatalities that could be ascribed to preoccupied drivers. By 2008, this amount had increased to about 5,870 16 percent of all vehicular fatalities for that year.

The Legal Relevance of Identifying Distracted Drivers

A motorist is responsible for the safe operation of their vehicle. The statistics on increase of accident fatalities due to cell phone use in past years are so responsible, and demonstrates that lots of drivers are failing to participate in safe driving practices for virtually any injury that results from their activities. By identifying a driver who caused an accident due to her or his irresponsible mobile phone use, the legal help they need to obtain powerful damages for their loss can be secured by the sufferer’s family. When representing the casualties, a lawyer will perform the following actions:

— Obtain any texting or phone records to demonstrate that the cell phone was being operated by the driver at the time of the accident.

— Show the dangers of distracted.

— Use the very fact that the motorist was at fault to efficiently negotiate with the driver’s insurance companies or legal representation.

Ultimately, statistics on increase of injury fatalities due to cell phone use in past years help it become clear the sufferers of these irresponsible motorists must ensure effective legal help. By contacting the law offices of Haug Law Group, people who have endured the loss of a loved one can have the compensation they deserve.

Average Settlement For Medical Malpractice Lawsuit in Georgia

3 Typical Commercial Trucking Accidents

 

 

There are tens of thousands of commercial trucks on America’s roads and highways. As a result, every individual who travels by road will at some point be near a large commercial truck. The size and weight of these trucks, when combined with a negligent driver or vehicular malfunction, can result in tragedy. When this occurs, it is important for the victims to understand what their legal options are.

 

Common Trucking Accidents

Although there are many potential causes for a truck-involved accident, the most common reasons include driver fatigue, inattention and inadequate training or actions by other vehicles. Other, less common reasons for a truck-involved accident may include a shifting cargo or mechanical malfunction.

Driver Fatigue

Many truck drivers must abide by strict schedules, and because of this, driver fatigue is a common cause of accidents. Fatigued drivers often make errors in judgment or are slow to react to changing road conditions. This problem can be especially serious among freelance drivers, who are usually paid by the delivery. There are federal regulations involving how many hours a truck driver can be on the road, but these regulations are often ignored by truck drivers.

Inadequate Training

Some trucking companies fail to ensure that all of their truck drivers are properly trained. Many truck drivers are not aware of proper defensive driving techniques. Even if a truck driver has a valid commercial driver’s license, he or she may not have maintained the skills needed to avoid dangerous accidents.

Actions by Other Vehicles

In some cases, an accident may be caused by another vehicle. A passenger vehicle or other commercial vehicle may enter the truck’s blind spots, leading to a collision or forcing the driver to quickly avoid the danger, potentially colliding with other vehicles on the road. If the truck driver is fatigued or improperly trained, the action he or she takes may actually make the accident worse.

Consequences of Truck-Involved Accidents

The 3 typical commercial trucking accidents are very likely to end in injury or death for the occupants of any involved passenger vehicles. In fact, 3,675 individuals died due to truck related accidents in 2010. Although truck-involved accidents remain a minority of all vehicular accidents, they are more likely to result in severe injury or death.

When an accident is caused by the negligence of the driver, his company or any other group, the victims of the accident can obtain compensation for their injuries and other losses. This compensation can include the following:

• The cost of any medical care resulting from the accident, including short and long-term care.
• Pain and suffering arising due to the accident.
• Compensation for lost wages, especially if the victims are rendered unable to work in the aftermath of the accident.
• If a family member has died due to the accident, his or her family can obtain compensation for the lost companionship of their relative.
• If the accident was due to egregious negligence or malice, the court may impose punitive damages.

Obtaining a just compensation for a truck-involved accident can be a vital part of recovering from its financial, physical and emotional consequences. Whichever one of the 3 typical commercial trucking accidents a family has suffered, obtaining effective legal assistance is vital. The law firm of Haug Law Group can help the victims and their families determine what the best possible course of action will be. For this reason, anyone who has suffered from a truck-involved accident should immediately contact one of the firm’s experienced attorneys.

Georgia Personal Injury Attorney: Haug Law Group; Top Slip and Fall Accidents

 

 Every employer has a legal duty to ensure that the workplace is safe for his or her employees and customers alike. However, many types of working environments prone to slip and fall accidents are not properly maintained, leading to the danger that workers, customers, and visitors may suffer injury or death from an avoidable slip and fall accident. Therefore it is important to understand what types of work environments pose the most hazards for these types of accidents.

 

The Nature of Slip and Fall Accidents

According to the U.S. Department of Labor, slip and fall accidents account for over 16,000 fatalities every year. Non-fatal injuries stemming from these accidents include broken and fractured bones, brain injuries and contusions. Furthermore, these types of accidents may place the individual at risk from other causes, such as when a mechanic slips in front of a moving vehicle.

High Risk Working Environments

The most common types of working environments prone to slip and fall accidents are those that involve any type of physical labor. Working in a warehouse, industrial plant or retail store can all expose workers and customers to risk. Among the most common reasons for a slip and fall accident are the following:

·       Slippery or wet surfaces, especially floors and stairs.

·       Improperly secured work equipment, such as ladders and loading ramps.

·       Inadequate lighting in work or walk areas.

·       Improper training in safety procedures and equipment.

 

Retail Markets

Retail markets, ranging from supermarkets to warehouse style stores, pose a high risk of slip and fall accidents. Workers often fail to properly post warnings around hazards such as slippery floors or unsecured equipment. These establishments also have a large number of customers present, which can drastically increase the probability of an accident.

Industrial Plants

Industrial plants often have work areas that suffer from high noise levels and low lighting. This makes it very likely that workers may suffer from a slip and fall accident due to being unable to see an obstacle or hear warnings from their fellow workers. In addition, many managers fail to ensure that that their employees follow all workplace safety regulations. Construction Sites Construction sites can be especially prone to slip and fall accidents. Construction workers find themselves working on roofs and other areas where slip and fall accidents commonly occur. In addition, many construction sites are located in areas with rough terrain and poor lighting, making these types of accidents even more likely.

Finally, because of the number of individual contractors working at most construction sites, the enforcement of state and federal safety regulations can be uneven. When a slip and fall accident occurs, it is important to immediately seek out effective legal assistance. If the accident was due to negligence on the part of the employee’s coworkers or managers, he or she can receive compensation for any injuries or other damages suffered due to the accident. The wide range of types of working environments prone to slip and fall accidents demands the assistance of a lawyer skilled in litigating these types of cases.

The law firm of Haug Law Group is experienced in handling slip and fall cases. The firm’s lawyers can help the victim of this type of accident understand his or her legal options. Anyone who has suffered a slip and fall accident should immediately contact the law offices of Haug Law Group for a consultation regarding their particular case.

 

Haug Law Group, LLC

www.hauglawgroup.com

1-844-428-4529