Macon GA Injury Lawyer | Georgia Auto Accident and Wrongful Death Lawyer

Evans GA Medical Negligence Serious injury attorney

Hospital Negligence Serious injury in Evans Georgia

Doctor Negligence cases and expert witness

To maintain a medical malpractice action, the plaintiff must present a qualified expert witness to testify both that the doctor was negligent and that the physicians actions were the proximate reason for the plaintiffs alleged injuries. Negligence means the failure to use ordinary care; that is, the failure to do what a physician of ordinary prudence would have done in the similar conditions. Proximate cause refers to the cause that, in a continuous and uninterrupted sequence, producesan event foreseeable by the physician exercising the degree of care required of him or her.

A properly qualified expert should be
A doctor practicing medicine at the time he or she provides testimony in the lawsuit or a physician who was practicing medicine at the time of the care and treatment that is the basis of the claim; and
A physician qualified on the basis of training or experience.
Practicing medicine means training residents or students at an accredited medical or osteopathic school and serving as a consulting physician. Factors considered in determining whether an expert witness is qualified include
Is the expert board certified in an area relevant to the claim
Does the expert have substantial training or experience in a field relevant to the claim
Is the expert practicing medicine and rendering medical services relevant to the claim
The physicians lawyer can challenge both an experts qualifications and his or her ability to legally show negligence and proximate cause.

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We are personal injury lawyers Augusta GA and car accident attorneys. We represent injury victims in dog bite, car and truck wreck cases, medical malpractice, scarring injury, and spinal cord injury cases.

We offer a free initial consultation to all prospective clients.

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Bibb County GA Injury lawyers

Accident lawyer in Macon Georgia

Types of Personal injury Damages

Those who succeed in a civil lawsuit for personal injuries are usually entitled to recover damages. The exact amount of a personal injury award is decided by a jury on a case-by-case basis. When the award is excessive or deficient, the court may review the award and increase or decrease the final amount without a new trial or appeal. a personal injury award can include two types of damages: compensatory damages and punitive damages.

Compensatory Damages

Compensatory damages are intended to place a victim in the position he or she would be in had the injury had never happened. By fixing a dollar amount on the victims injuries, compensatory damages try to restore the victim financially, physically and emotionally.

Punitive Damages

Punitive damages are not meant to compensate the injured party, but to punish the guilty party for causing the injured partys injuries and to deter others from engaging in similar behavior. Punitive damages are often awarded if the defendants conduct is especially egregious. Punitive damages are not given in every personal injury case, and may not be considered unless a compensatory damage award has been ordered. In order to avoid excessive punitive damage awards, courts generally limit punitive damages to less than ten times the amount of compensatory damages

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We are Macon GA personal injury lawyers – Georgia car accident attorneys – wrongful death law firm. We represent injury victims in dog bite, car and truck wreck cases, medical malpractice, scarring injury, and spinal cord injury cases.

We offer a free initial consultation to all prospective injury clients.

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Compensatory damages

Compensatory damages may be divided into two categories: damages which compensate victims for monetary losses, also known as special damages, and damages that compensate victims for non-monetary losses also referred to as general damages.

Monetary Losses

Compensatory damages for monetary losses include:
Medical expenses – Damages for medical expenses may include the costs of both past and future medical care and rehabilitation. Future costs will be fixed by assessing the patients medical needs for the rest of his or her life expectancy.

Costs of living with a disability – An injury might result in a disability that needs a injured party to significantly alter his or her lifestyle. Compensatory damages may include the costs associated with this change. For example, a damage award can compensate the victim for the costs of renovating a house to make it wheelchair-accessible, or the expenses of in-home nursing assistance.

Lost wages. A injured party may recover any wages lost when recovering from an injury, as well as any lost earning capacity suffered because of the injury.

Repair or replacement of property. The victim may recover the costs of property damage suffered in an accident. Property is usually valued at its fair market value at the time of the injury.

Funeral expenses. The family of a personal injury injured party can recover the costs of any funeral expenses incurred as a result of the injury.

Non-Monetary Losses

Non-monetary damages may be difficult to determine and damage awards can vary significantly between victims. Damages for non-monetary losses include:
Pain and suffering. Damages for pain and suffering generally include compensation for actual physical pain, as well as compensation for emotional distress. Emotional distress refers to the frustration, fear, anger and loss of enjoyment of life associated with suffering from a debilitating injury.

Loss of consortium. Spouses of personal injury victims can receive damages for the loss of the emotional and intangible elements of marriage, such as loss of affection, solace, comfort, companionship, society, assistance, and sexual relations.

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We are personal injury lawyers Augusta GA and car accident attorneys. We represent injury victims in dog bite, car and truck wreck cases, medical malpractice, scarring injury, and spinal cord injury cases.

We offer a free initial consultation to all prospective clients.

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Macon GA Defective Product accident law firm

Defective Product serious injury lawyer in Jones County Georgia

The guidelines divide the recalls into one of three classes depending on the level of hazard involved.

Class I recalls are for dangerous or defective products that predictably could create serious health problems or death. Products that could fall into this category include food found to contain botulinal toxin, food with undeclared allergens, a label mix-up on a life saving drug, or a defective artificial heart valve.

Class II recalls are for products that might cause a temporary health problem, or pose just a slight threat of a grave nature. One instance is a drug which is under-strength but which is not used to treat life-threatening situations.

Class III recalls are for products which are unlikely to result in any adverse health reaction, but which violate FDA labeling or manufacturing rules. For instance a container defect (plastic material delaminating or a lid that does not seal); off-taste, color, or leaks in a bottled drink, and lack of English labeling in a retail food.

FDA develops a strategy for every individual recall which sets forth how widely it will check on a companys performance in recalling the concerned product. In case of a Class I recall, for instance, FDA would check to ensure that each defective product has been recalled or reconditioned. However, for a Class III recall, the FDA can decide that it merely needs to spot check to ensure the product is off the market.

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We are Macon GA personal injury lawyers – Georgia car accident attorneys – wrongful death law firm. We represent injury victims in dog bite, car and truck wreck cases, medical malpractice, scarring injury, and spinal cord injury cases.

We offer a free initial consultation to all prospective injury clients.

Macon Car Wreck Lawyer, Truck Accident Attorney, Personal Injury Lawyer Macon

Augusta Georgia Serious personal injury law firm

Serious personal injury attorney in Augusta GA

Types of Accident Damages

Those who prevail in a civil action for personal injuries are typically entitled to recover damages. The exact amount of a personal injury award is decided by the jury on a case-by-case basis. If the award is excessive or deficient, a court may review the award and increase or decrease the final amount without a new trial or appeal. an injury award may include two categories of damages: compensatory damages and punitive damages.

Compensatory Damages

Compensatory damages are meant to place a injured party in the position he or she would be in if the injury never happened. By placing a dollar amount on the injured partys injuries, compensatory damages try to restore the victim financially, physically and emotionally.

Punitive Damages

Punitive damages are not meant to compensate the victim, but to punish the defendant for causing the victims injuries and to prevent others from engaging in similar behavior. Punitive damages are often awarded if the wrongdoers conduct has been especially outrageous. Punitive damages are not awarded in every personal injury case, and may not be considered unless a compensatory damage award has been ordered. In order to avoid excessive punitive damage awards, courts generally limit punitive damages to less than ten times the amount of compensatory damages.

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We are personal injury lawyers Augusta GA and car accident attorneys. We represent injury victims in dog bite, car and truck wreck cases, medical malpractice, scarring injury, and spinal cord injury cases.

We offer a free initial consultation to all prospective clients.

Augusta Car Wreck Lawyer, Truck Accident Attorney, Personal Injury Lawyer Augusta

Jones County GA Product recall serious personal injury attorneys

Defective Product accident law firm in Jones County GA

FDA role in Product liability Recalls

The recall of a defective or possibly harmful consumer product usually is highly publicized in newspapers and on news channels. This is always true when the recall involves foods, drugs, cosmetics, medical devices, and other products regulated by FDA. However, the FDAs function in recall activities is usually misunderstood by consumers. FDA regulations for businesses to comply at the time of recalling defective products under the Agencys jurisdiction are provided in Title 21 of the Code of Federal Regulations, Part 7. The guidelines make clear that FDA expects these manufacturers to take total responsibility for product recalls, including follow-up checks to confirm that recalls are successful. According to the rules, manufacturers are expected to inform FDA when recalls are initiated, to submit progress reports to FDA on recalls, and to undertake recalls when directed to do so by the Agency. The guidelines also require manufacturers and distributors to develop contingency plans for product recalls that can be put into effect if, and when needed.

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We are Macon GA personal injury lawyers – Georgia car accident attorneys – wrongful death law firm. We represent injury victims in dog bite, car and truck wreck cases, medical malpractice, scarring injury, and spinal cord injury cases.

We offer a free initial consultation to all prospective injury clients.

Macon Car Wreck Lawyer, Truck Accident Attorney, Personal Injury Lawyer Macon

Richmond County Georgia Product recall accident lawyer

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The regulations categorize all recalls into one of three classes based on the level of hazard involved.

Class I recalls refer to dangerous or defective products which predictably may create serious health problems or death. Products that could fall into this category are a food found to contain botulinal toxin, food with undeclared allergens, a label mix-up on a life saving drug, or a defective artificial heart valve.

Class II recalls refer to products that may cause a temporary health problem, or pose just a slight threat of a grave nature. One instance is a drug which is under-strength but which is not used to treat life-threatening situations.

Class III recalls refer to products that are unlikely to result in any adverse health reaction, but which violate FDA labeling or manufacturing guidelines. For instance a container defect (plastic material delaminating or a lid that does not seal); off-taste, color, or leaks in a bottled drink, and lack of English labeling in a retail food.

FDA develops a strategy for every individual recall which details how extensively it will check on a companys performance when recalling the product in question. In case of a Class I recall, for example, FDA would check to ensure that each defective product has been recalled or reconditioned. But, in case of a Class III recall, the FDA can decide that it only needs to spot check to ensure the product is off the market.

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We are personal injury lawyers Augusta GA and car accident attorneys. We represent injury victims in dog bite, car and truck wreck cases, medical malpractice, scarring injury, and spinal cord injury cases.

We offer a free initial consultation to all prospective clients.

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Warner Robins GA Injury law firm

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The damage can be caused by the head forcefully striking an object, such as when striking a windshield, or the dashboard of a car (closed head injury) or by something passing through the skull and piercing the brain, such as a bullet or knife wound to the head (penetrating head injury). Closed head injury may also be experienced without direct penetration of the skull or external trauma when the brain undergoes a severe forward or backward shaking or twisting, like the shaken baby syndrome or a whiplash. The difference between the two is substantial as the former generally will leave no obvious external signs but may cause much widespread damage. Many different factors affect the damages amount in a traumatic brain injury case. While a lawyer might not promise to get you a fixed sum of money, experience permits many lawyers with brain injury lawsuit experience to decide good estimates of what your lawsuit is worth. Many factors are considered into a brain injury damages estimate, like:

(1) The severity of your brain injury

(2) Impact of your brain injury on your life

(3) If you contributed in anyway to the accident that caused your brain injury

(4) Your prior medical history

(5) Your pre-existing injuries

(6) Cost of future medical care

(7) Lost wages due to the injury

(8) Whether you will be able to get punitive damages.

The damages will be higher if the difference between your quality of life before the brain injury as compared to after the injury is greater.

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We are Macon GA personal injury lawyers – Georgia car accident attorneys – wrongful death law firm. We represent injury victims in dog bite, car and truck wreck cases, medical malpractice, scarring injury, and spinal cord injury cases.

We offer a free initial consultation to all prospective injury clients.

Macon Car Wreck Lawyer, Truck Accident Attorney, Personal Injury Lawyer Macon

Augusta GA Product recall accident lawyer

Product recall serious personal injury lawyer in Augusta GA

FDA role in Product liability Recalls

The recall of a defective or possibly harmful consumer product usually is highly publicized in newspapers and on news broadcasts. This is always the case when the recall concerns foods, drugs, cosmetics, medical devices, and other products regulated by FDA. However, the FDAs role in recall activities is usually misunderstood by public. FDA guidelines for manufacturers to comply when recalling defective products under the Agencys jurisdiction are listed in Title 21 of the Code of Federal Regulations, Part 7. The guidelines make clear that FDA wants these corporations to take total responsibility for product recalls, including follow-up checks to ensure that recalls are successful. As per these regulations, businesses are expected to notify FDA when recalls are started, to submit progress reports to FDA on recalls, and to undertake recalls if directed to do so by the Agency. The rules also mandate manufacturers and distributors to create contingency plans for product recalls which can be put into effect if, and when needed.

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We are personal injury lawyers Augusta GA and car accident attorneys. We represent injury victims in dog bite, car and truck wreck cases, medical malpractice, scarring injury, and spinal cord injury cases.

We offer a free initial consultation to all prospective clients.

Augusta Car Wreck Lawyer, Truck Accident Attorney, Personal Injury Lawyer Augusta

Employer liability for asbestos exposure

The dangers of asbestos exposure are well-documented in the industry for several decades, and almost all employers that worked significantly with asbestos knew of such dangers. It is far more possible that your employer turned a blind eye towards any exposure to try and limit its liability.

Also, your employer is liable to you for exposures to dangerous substances in the workplace, whether the employer knew of the exposure or not. The reason being is that when you go to work for an employer, the employer has a duty to provide you with a reasonably safe workplace. If your employer does not provide a reasonably safe workplace with respect to asbestos exposure, either by making sure that you are not exposed to asbestos or by providing you with proven, effective safety equipment, your employer is liable to you for injuries you receive, including chronic, long-term injuries related to asbestos exposure. The method of recovery that you have against your employer is through filing a workers compensation claim. You can also file separate, civil proceedings against the manufacturers or suppliers of the asbestos and/or the manufacturers of the safety equipment that you were issued. A seasoned lawyer handling asbestos lawsuits can help you decide all possible responsible parties and how to structure your case.

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We are Macon GA personal injury lawyers – Georgia car accident attorneys – wrongful death law firm. We represent injury victims in dog bite, car and truck wreck cases, medical malpractice, scarring injury, and spinal cord injury cases.

We offer a free initial consultation to all prospective injury clients.

Macon Car Wreck Lawyer, Truck Accident Attorney, Personal Injury Lawyer Macon