Author Archives: Amber Anderson
Pedestrian Accidents
According to the National Highway Traffic Safety Association (NHTSA), nearly 5,000 pedestrian accidents result in fatalities in motor vehicle related accidents, and over 78,000 pedestrians accidents involving a car or truck result in injuries. Pedestrian accidents also occur due to poor property maintenance, sidewalk or parking lot defects, and construction or other types of debris on walkways can contribute to pedestrian accidents.
Pedestrians may recover damages for injuries involving a vehicle or property defect if someone else’s negligence caused or contributed to the accident. Negligence refers to the failure to do (or not do) something that, in a similar situation, a reasonable person would do in order to protect others from foreseeable risks. In pedestrian accidents, the injured person (plaintiff) must prove that the person at fault (defendant) was indeed negligent. The plaintiff must prove that the defendant: owed a legal duty to the plaintiff under the circumstances; failed to fulfill the legal duty through conduct or action ( or failure to act); caused an accident or injury involving the plaintiff; and harmed or injured the plaintiff as a result.
Careful analysis of the facts of each pedestrian accident must be conducted. When a pedestrian accident occurs, one or more party may be legally responsible for the accident depending on the circumstances. Those with potential liability include: the driver of a vehicle that strikes a pedestrian; the person responsible for sidewalk, roadway or parking lot maintenance where the accident occurred; and the pedestrian him or herself.
Drivers who operate automobiles are required to exercise reasonable care under the circumstance. Failure to do so is considered negligence. Some of the most common factures that contribute to driver negligence include: inattentive or pre-occupied driver; failure to observe speed limits; failure to yield to pedestrians at marked cross walks; disobeying traffic signs and/or signals; failure to signal before turning; disregarding weather or traffic conditions; and driving under the influence.
If you or someone you know is injured in a pedestrian accident, it is best to call a personal injure attorney as soon as possible. At Sunne Law, we are experienced in helping injured pedestrians figure out the best way to assess a legal claim. Call us today for a free consultation.
Product Liability in Georgia
Product liability is the area of law in which manufacturers or vendors of goods are held responsible for injuries caused by faulty or defective merchandise or products that are produced or sold. Product liability includes all parties along the chain of manufacture of any product. This includes the manufacturer of component parts all the way down to the retail store owner. The enforcement of manufacturers’ legal liability helps to make products safer for everyone.
In Georgia, there are three separate legal theories in which a manufacturer can be held responsible for injury or death caused by a defective product. These areas include Negligence, Strict Liability and Implied Warranties.
Negligence is the failure of a manufacturer of a product to exercise ordinary care. There are several ways in which a manufacturer may be liable for injury caused by their product including: negligent design; failure to adequately test and inspect; failure to provide instructions, warnings and labels; and failure to issue an adequate recall notice. Negligence cases can often times be difficult product liability cases because it requires the plaintiff to prove that the defendant’s conduct fell below the relevant standard of care.
Strict Liability refers to the rule applied in product liability suits making a manufacturer, seller or lessor of goods responsible for all defective items, regardless of intent or the exercise of reasonable care, that unreasonably threatens the personal safety of a consumer or the consumer’s property. In Georgia, the product liability law typically protects sellers (who are not manufacturers) of a product from liability under the strict liability doctrine.
Implied Warranties include the implied warranty of merchantability and the implied warranty of fitness for a particular purpose. Georgia law requires “privity of contract” in order to recover under implied warranty theories. An implied warranty refers to certain assurances that are presumed to be made in the sale of products due to the circumstances of the sale, regardless of whether the seller has expressed them orally or in writing.
Defective product liability lawsuits can be very confusing. Many different types of damages exist in these types of cases, only some of which may be available in a particular case. It is to your best advantage to hire an experienced and knowledgeable attorney when it comes to recovering loses in a product liability case. Contact Sunne Law today for a free consultation.
Pedestrian Accidents
According to the National Highway Traffic Safety Administration (NHTSA), 4,432 pedestrians were killed and an estimated 69,000 were injured in traffic accidents in the United States in 2011. This is an increase of 3 percent from 2010. In 2011, pedestrian deaths accounted for 14 percent of all traffic fatalities and 3 percent of all people injured in traffic crashes. On average, one pedestrian will be injured every 8 minutes and one will die every 2 hours in a traffic accident this year. Unfortunately, pedestrian accidents are common on roads and interstates in Georgia and across the United States. The most common places where pedestrian accidents occur include crosswalks, streets, and parking lots.
When a pedestrian in any type of pedestrian accident they have nothing to protect them. Therefore, they are very vulnerable to serious injuries. Pedestrian accidents can include not only being injured by cars, but motorcycles, trucks and even bicycles. Most victims of pedestrian accidents suffer broken bones, severe cuts and lacerations, bleeding and bruising. Injuries that are a result of pedestrian accidents can be severe, debilitating and sometimes permanently life altering. The results of these types of accidents result in significant financial losses to the individuals involved and their families. Although a monetary recovery can never repair the damage that is caused to the victim and their family, it can at lease ease the financial burdens created by pedestrian accidents.
Immediately after a pedestrian accident occurs, the insurance company for the automobile, motorcycle or truck will begin an investigation. Insurance companies have established very specific and elaborate procedures to try to limit the recovery of the injured pedestrian to the lowest possible amount, especially in the early stages of the claim. The insurance company will take recorded statements from the persons involved in the pedestrian accident, interview witnesses, take photographs and obtain the police report pertaining to the pedestrian accident. Typically, the insurance companies try to reach a quick settlement with an injured pedestrian to avoid responsibility for future medical expenses, lost wages and other damages that may develop. In order to avoid this trap and handle the complicated process of a pedestrian accident, a victim of this type of accident should contact a knowledgeable and experienced Atlanta attorney immediately. At Sunne Law, we understand how difficult this can be and are here to help. Contact us today for a free consultation if you are a victim of a pedestrian accident.
What to Do After a Georgia Workplace Injury
Most employers are required to purchase Workers’ Compensation Insurance. Injuries at the workplace are more common than most people may think. The Bureau of Labor Statistics reports that out of every 100 Georgia workers, 3.4 cases are reported every year. After a workplace injury, it can be very troubling and difficult. However, there are several things you must do.
- Report your injury to your supervisor immediately. It is best to report the injury as soon as possible. In Georgia, you must inform your employer within 30 days of the injury.
- If your injury is an emergency and you must go to the emergency room or hospital, make sure you report your injury as soon as possible and let them know at the hospital that you were injured at work. You should notify your Employer in writing, and make sure you keep a copy for yourself.
- Stay Calm and seek knowledgeable legal counsel. Workplace injuries in Georgia can be difficult and complex. It is a good idea to have a good workers compensation lawyer to counsel you about your options and represent you when dealing with the insurance company. Do not give a recorded statement to the insurance company without consulting a lawyer first.
- Make an appointment with a doctor that is approved by your employer. Don’t miss any appointments and do everything the doctor says. Be honest about your medical history and everything that happened leading up to the accident.
- Complete all necessary forms. You will have to fill out a form for the Workers’ Compensation Benefits. If you hire a workers’ compensation lawyer they will take care of all of these things for you and do their best to make your recovery as easy as possible, and will work to pursue the full compensation you deserve.
Safety While Bicycling in Atlanta
In Atlanta and across the country, biking is an economic and increasingly popular way to travel, and the popularity continues to grow. Urban planners have been working with biking advocates to intensely increase their efforts to incorporate bike-friendly street designs. Bike advocates have also intensified their efforts to spread knowledge and educate cyclists and drivers about biking safety. Information on biking safety and driver awareness as proactive efforts can help to greatly reduce accidents and collisions resulting in injuries and often even fatalities.
There are several ways you can help protect yourself while biking. The number one, and most widely known, thing a bicyclist can do to protect themselves is to wear a helmet. Helmets are 85 to 88 percent effective in preventing traumatic brain injuries, according to the National Highway Traffic Safety Administration (NHTSA). These traumatic brain injuries are the most likely to result in long-term disabilities or death.
The NHTSA offers a few more safety tips to encourage safe pedaling:
- Know the Rules of the Road: Obey traffic signs, signal your turns, yield to pedestrians, etc. Basically follow traffic laws requiring you to ride with the flow of traffic.
- Be Seen: Especially at night, it can be nearly impossible for an automobile driver to see a bicyclist. No matter what time of day or night, you should wear reflective clothing, install reflectors on your bike, and wear a flashing red light or affix one on your bicycle. If possible, you should also try to make eye contact with car drivers in order to help understand their intentions.
- Be Predictable: Ride with traffic and not against it, and avoid sudden swerves in and out of traffic and lanes.
- Share the Streets: This is important for cyclists and motorists. Ride in bike lanes, if they are available. If the road is wide enough, try to ride on the far right side of it.
- Avoid Distractions: Just as you would if you were driving a motor vehicle, stay alert when you are bicycling. Do not wear headphones or talk on a cell phone while riding. And pay attention to traffic ahead of you, next to you and behind you.
- Ride Defensively: You and your bicycle are obviously smaller and more vulnerable than cars and trucks, so use extra caution whenever you are biking near them.
Bicycling is a fun way to exercise while also being a clean form of transportation. Drivers and bicyclists must be smart and aware of the dangers to help prevent accidents on the road. If you are injured in a bicycling accident, make sure to contact a knowledgeable attorney at once. Sunne Law will work diligently to obtain the best possible outcome for your situation.
Positive Drug Test After Georgia Work Related Injury
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When you are injured at work, workers’ compensation insurance requires a drug test to be performed in order to determine whether or not you were under the influence of any illicit drugs. If you test positive for alcohol within three hours or a workplace accident, your workers’ compensation claim can be denied. A positive test for marijuana within 8 hours of a workplace accident can cause your claim to be denied as well. Also, your workers’ compensation claim can be denied if you refuse to take an alcohol or drug test within those required time limits. Unjustifiably refusing to submit to the drug or alcohol test has the same effect as testing positive for the test.
Under Georgia law, workers’ compensation benefits will also be denied if it is determined that the employee’s injury or death arose from their willful misconduct. This can include intentional self-inflicted injuries, injuries where the employee was attempting to injure another, or injuries resulting from the employee’s refusal or failure to use a safety appliance or apparatus that was supplied to them.
If a workers’ compensation claim is denied because of a failure to pass a drug or alcohol screen, however, the denial may still be appealed to possibly obtain workers’ compensation benefits. If you test positive for marijuana or other controlled substance pursuant to a drug test taken within eight hours of the accident, your case will be denied on the presumption that your injury was caused by intoxication. You will then have the burden of proving that you were not intoxicated at the time of the injury. Even if the positive drug screen is completed within the mandated time period, this only creates a presumption that the accident was related to the consumption of drugs or alcohol. This presumption is rebuttable, meaning that you can present evidence proving that you were not intoxicated at the time of the accident. To discuss the denial of your work injury claim after a positive drug or alcohol screen, call Atlanta workers’ compensation lawyer, Celia Sunne today.
Overprescribing Pain Medications in Atlanta Injured Workers Cases
The largest workers’ compensation benefits and reimbursements that are paid out every year go to employees who are catastrophically injured, losing limbs and functions in the process. These injured workers are treated by using strong pain medicines, and some of these workers don’t return to work for a long while, if ever.
Workplace insurers are spending an estimated $1.4 billion every year on narcotic painkillers. Also known as opioids, these medications are highly addictive. Insurance companies are beginning to realize something quite starting: if used too early in treatment, too frequently, or for too long, it can delay an employee’s return to work and, in turn, increase disability payouts and medical expenses for the employee.
In 2008, the California Workers Compensation Institute did a study which found that workers receiving high doses of opioid painkillers to treat their job-related injuries stayed off the job three times longer whend compared to employees with similar injuries, but taking lower doses of the same medications.
A study was conducted in 2010 by Accident Fund Holdings, an insurer operating in eighteen states, including Georgia. The analysis by them found that in cases where medical care and payments are combined, the workplace injury cost is nine times higher when a narcotic like OxyContin is used compared to when no narcotic is used at all.
The use of drugs like OxyContin, Percocet, and Duragesic to treat occupational injuries are part of a broad problem that involves their excessive use and addictive natures. These narcotics are prescribed to treat immediate pain but there is little evidence of their long-term benefit. The main and most problematic issue arises from their high addiction level and the serious side effects of withdrawal. Basically, there is an obvious association between the greater use of opioids and delayed recovery from workplace injuries. Some states, such as New York, Colorado, Texas and Washington, have issued new pain treatment guidelines in an attempt to find means for reversing the trend.
Mental Injuries and Workers’ Comp
Most on the job injuries are physical, but sometimes psychological or psychiatric injuries also occur. Although they are almost always impossible to see, they are just as real as physical injuries. Workers’ compensation insurance requires that a worker must sustain an injury that occurs in and arises out of the course of employment. Some mental injuries can be difficult to prove. For example a heart attack caused by work-related stress may not happen until after working in a stressful environment for a long period of time. Also, unlike claims for physical injuries, it may not be related to one particular incident.
Workers’ compensation separates mental disability cases into three categories: physical-mental, mental-physical, and mental-mental. A physical-mental claim involves a physical workplace injury that has progressed to a mental condition or disability. For example, a worker suffers an injury that lingers, showing no signs of improvement for months; it could cause discouragement which could lapse into severe clinical depression. A mental-physical claim involves a psychological condition arising out of the worker’s employment that has caused a physical illness. An example of this type of injury would be ulcers that are induced by stress in the workplace. A mental-mental claim involves a psychological occurrence in the course of employment, which leads to a psychological injury. These cases are also referred to as “pure stress” claims and are usually the least recognized or compensated. One example of this could be witnessing a horrific accident at work involving the injury of a co-worker. This could lead a worker to develop a fear of operating the equipment on which their co-worker was injured. Currently, the state of Georgia does not allow workers’ compensation benefits for this type of psychological injury.
Mental injuries, just like physical ones, can be debilitating and require treatment by healthcare professionals and time for healing. If you are suffering from a psychological or psychiatric injury you believe to be work-related, a knowledgeable lawyer can advise you and assist you in receiving workers’ compensation benefits.
New Georgia DUI Laws
New Georgia DUI laws, effective January 1, 2013, aim to improve the quality of life and aid treatment for those arrested for this offense. The new laws include expanded driving permits for first-time offenders and “two in five” offenders.
Senate Bill 236 modifies Article 3, Chapter 5 of Title 40 and Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated (OCGA). These articles reference punishment for those arrested for DUI and govern ignition interlock devices. Ignition interlock devices prevent offenders from driving under the influence.
People charged with driving under the influence in the state of Georgia automatically face a one-year license suspension. Prior to January 1, 2013, drivers with this type of suspension were only allowed to drive to work, school, the doctor, support group meetings and DUI classes.
Senate Bill 236 modified the laws effecting first-time offenders over 21 years of age, or “first in five years” offenders. They are now eligible for an expanded hardship permit which will allow them to attend court, report to their probation officer, and perform community service. Additionally, drivers on such permits will be allowed to transport immediate family members without licenses to work, school or to receive medical services.
Drivers who have been charged with a DUI twice in the previous five years will see a bit more freedom in their limited permits and a slight reduction of their “hard suspension” times. With the new laws, starting on January 1, these offenders will automatically lose their driving privileges for 120 days. After the initial 120 days of hard suspension they will be granted permission to get an ignition interlock limited permit. In order to qualify for this limited permit the offender must meet the following requirements:
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Complete a DUI Alcohol or Drug Risk Reduction program.
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Complete a clinical evaluation and enroll in a substance abuse treatment program approved by the Department of Human Services or a drug court program.
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Install an ignition interlock device in any vehicle they will be driving.
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Obtain a certificate of eligibility for an ignition interlock limited driving permit or probationary license from the court that sentenced them.
Drivers with this type of permit will be allowed to drive to work, school, support meetings and monthly appointments with their ignition interlock service provider.
Georgia's Expedited Dispute Resolution
The Georgia State Board of Workers’ Compensation has made it more convenient for attorneys to submit requests for workers’ comp coverage approval. The board has implemented a new policy for the “Expedited Resolution of Issues”. The policy provides claimant’s attorneys with the opportunity to schedule a conference call with an administrative law judge (ALJ). The purpose of this is discussing an issue that has been raised by the claimants attorney.
Issues of compensability, change of physician requests or issues which would require presentation of evidence will not be raised during these conference calls. This option is available if the need for a resolution arises on matters that have not been disputed. They must be able to be resolved within the scope of an evidentiary hearing. Some matters that could be resolved in this manner include, but not limited to, all matters pertaining problems obtaining authorization to treat with a panel of other authorization for diagnostic testing recommended by the authorized provider, unpaid medical bills, or accidental or improper suspension of benefits. This option is not available for change of physician requests or issues that may require evidentiary hearing.
If you are granted a conference call the board will order the call to be set for a specific time. If you do not participate the judge can consider the action a “willful refusal’ of a board order and may impose civil penalties. There are no specific guidelines for a specific period of notice before the call is to take place. You will be receiving an email notifying you as to when the call will be initiated.
There are basically three options available:
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Attempt to resolve the issue with the claimant’s counsel before the call.
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hire counsel to represent you during the conference call
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Conduct the conference call without the help of council. If you decide it appropriate to retain counsel, it is recommended you contact defense counsel and provide some background information in order to prepare your attorney to defend you.
What to Expect Payment After Settling Workers’ Comp Claim
After mediating or otherwise settling a workers’ compensation claim in Georgia you will probably be wondering when to expect your check. The Georgia State Board of Workers’ Compensation uses a paperless filing system. The ICMS system (Integrated Claims Management System) allows workers’ compensation claims in Georgia to be approved quite quickly. Here is a breakdown of the process of settling a workers’ comp claim in Georgia and getting paid:
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Both parties reach an agreement. Typically this is a dollar figure, it can also include medical care or other provisions that either side wishes to include.
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The defense attorney sends a copy of the agreement to the employer
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The claimant and their attorney (if they are represented) gets a copy of the agreement. They will be required to sign their name in several places.
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The agreement is sent back to the defense attorney for signatures.
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The agreement is sent electronically to the State Board of Workers’ Compensation in Atlanta via ICMS.
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The State Board approves the agreement. This usually takes about a day or two.
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The employer and/or insurance company has 20 days to issue payment.
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If the employer/insurance company fails to pay within 20 days of the Georgia State Board’s approval, a penalty of 20% may be added (per O.C.G.A. 34-9-15).
A worker’s compensation case in Georgia involves a hearing that is held in front of an Administrative Law Judge with no jury. It is a fast track proceeding. You should expect the outcome from 30 – 90 days from when you make your request. With a computer based paperless system, exact precision with filings is required in order for the documents to be processed correctly and efficiently. The State Board has a form for obtaining evidence in possession of the opposing party even before a hearing is requested.
Lump Sum Advances
If you are injured at work in Georgia and are receiving workers’ comp benefits, it might be difficult to make ends meet. The state of Georgia’s workers’ compensation insurance for temporary total disability pays 2/3 of your pre-injury wage with a cap of $525 per week. For many people this can make life quite difficult. Fortunately, there are a few options that may relieve some of the burden.
One option is to apply for a loan and borrow against your future permanent impairment rating, future settlement or future verdict. There are several companies that offer this type of very high interest loan. This option is not recommended and should only be used if you are facing a dire financial situation such as losing your home or another situation that must be addressed quickly. Typically you will owe close to twice the amount you borrow after interest and fees are added to the total.
Another, better option is to request a lump sum advance on your future permanent partial disability (PPD) rating. You can visit Georgia’s State Board of Workers’ Compensation website and fill out a form WC-25. You are required to have been on temporary total disability (TTD) benefits for 26 weeks (or 6 months) in order to qualify for this option. Typically the workers’ compensation insurance adjuster (or attorney) will agree to this as long as your request is reasonable when compared to your injury and likely PPD rating.
If the worker’s compensation insurance adjuster does not grant your request, you can file the form WC-25 with Georgia’s State Board of Workers’ compensation, then wait 15 days for the other side’s objection. You will be notified if the Administrative Law Judge grants you an advance. If you have questions about Georgia’s workers’ compensation law related to lump sum advances you should contact an attorney.