Georgia Legal Report

Our Law Firm was saddened to learn of a recent motor vehicle accident in North Georgia which tragically claimed the life of a young boy. Joshua Bryant, 6, of Chatsworth lost his life Friday morning, December 24, 2010, from injuries sustained in a terrible collision on Lower Dawnville Road the day before. The Georgia State Patrol has indicated that a Toyota Corolla crossed the center lane of the roadway and hit a Honda Accord, in which Mr. Bryant was a passenger, head on. The Honda Accord was driven by Mr. Bryant's father, Jason Bryant, and his mother and 8-year-old sister were also in the car. While the police investigation remains open, the State Patrol has suggested that the driver of the Toyota Corolla may be charged upon completion of the investigation.

We have been retained in many tragic car accidents such as this one to protect the interests of the injured parties. If the driver of the Corolla is found to have been at fault in causing this accident, the family of Joshua Bryant may elect to pursue a civil action for the wrongful death of their family member. Joshua Bryant's family could potentially recover a substantial sum, but the ultimate recovery is dependent upon the insurance coverage held by the driver of the Corolla.

Our personal injury and wrongful death law firm has recovered millions of dollars in Georgia for families who have lost a loved one in tragic car accidents such as this one. We extend our condolences to the family of Joshua Bryant, and, if needed we offer our legal support to his family.

We are pleased to report that the family a murdered woman was recently awarded $1.3 million in a premises liability case heard by a Covington County, Georgia jury. The young mother of two was shot to death in a public housing apartment complex by a resident who was a convicted murderer. The jury found that the apartment complex was negligent in its hiring, training and retention of employees by allowing a convicted murderer to live there.

Under Georgia law, an apartment owner has a duty to keep the apartment complex safe. Where an apartment owner has reason to anticipate criminal activity on its property through prior crime at the apartment or in the surrounding area, the apartment owner must take reasonable steps to provide adequate security. If the apartment owner fails to undertake these steps, he or she is liable for any injuries that occur to its residents as a consequence.

This premises liability shooting case demonstrates that the public has little tolerance for property owners who do little or nothing to protect the security of their patrons. As an Atlanta premise liability law firm, we continue to vigorously represent our Clients throughout Georgia against these negligent property owners.

As an Atlanta work injury law firm, we were saddened to learn of the death of Gary Andrews, 23, from DeKalb County, Georgia. According to news reports, the Church's Chicken employee sacrificed his life to protect his co-workers during an armed robbery on Saturday, December 18, 2010. Family and friends are remembering Mr. Andrews as a hero.

As Mr. Andrews' death occurred while in a workplace setting, his family will almost certainly be entitled to significant compensation under the Workers' Compesation laws of Georgia. It is important that the family retain a knowledgeable lawyer to assist them in securing these benefits, however, as the workers' compensation system is complex. Our law firm has undertaken the representastion of many families in workers' compensation cases such as this one, and we have, unfortunately, all too often seen the value of such claims compromised as a consequence of a failure to quickly secure the assistance of an attorney. Employers and Insurance companies are concerned with limiting their financial exposure, and without an experienced lawyer protecting the interests of these families, the value of these claims may be adveresley affected. We offer our condolences to Mr. Andrews' family, and hope that they retain a capable attorney to protect their interests.

It has been a very dangerous week on the roadways in Gwinnett County. Our firm has learned that two independent car accidents claimed the lives of two motorists on Monday, December 13, 2010. The first accident occurred at approximately 3:15 a.m. when, according to police reports, a 1999 Cadillac operated by Dina Lovett was stopped on northbound I-85. Ms. Lovett had, apparently, been struck by another vehicle and was waiting for police to arrive on the scene. As Ms. Lovett and another occupant of her vehicle, Joshua Keith, 22, were waiting, their vehicle was struck by a 1997 Mitsubishi SUV operated by 23-year-old Bryan Rivera. The impact of this collision caused fatal injuries to Mr. Keith. The second accident occurred approximately 15 minutes later on Steve Reynolds Boulevard. In that incident, according to reports, a 2008 Lexus operated by Mr. Swoon Kon impacted a 2010 Kia driven by Mr. Gho Lee as they were both traveling in the same direction. The force of this impact caused Mr. Lee to lose control of the Kia and enter traffic approaching from the opposite direction. The Kia was then struck head on by a vehicle driven by Mr. Eddie Ko. 22-year-old Se Shin, a passenger in the Kia, sustained massive injuries in the incident and was pronounced dead at the scene.

According to news reports, alcohol may have been a contributing factor in each of these accidents. Police investigators continue to collect evidence, however, and no charges have apparently been issued. If the at-fault drivers were operating their vehicles while under the influence of alcohol, in addition to any criminal charges, the victims' families may seek to pursue a civil claim for the wrongful deaths of their family members. The families could potentially recover a significant sum, but the recovery is dependent upon the insurance policy owned by each at-fault-driver. Because this insurance coverage may be limited, the families of Mr. Keith and Se Shin should act without haste to ensure that such coverage is protected.

Our firm has, represented families who have lost loved ones in motor vehicle accidents occurring throughout Georgia, and we have collected millions of dollars on their behalf. We extend our sympathies to the families of Mr. Keith and Se Shin, and we offer our legal support if needed.

A Plaintiff and her son were recently awarded $11.5 million for personal injuries sustained in a horrific motor vehcile accident. The catastrophic accident happened when the at-fault Defendant, who was working for the United States Postal Service at the time of the accident, pulled his postal truck in front of a vehicle in which the victim was a passenger. The driver of the vehcile lost control of the car when he swerved to avoid colliding with the postal truck, and then crashed into a wooden fence. A rail from the fence broke through the car windshield and punctured the Plaintiff's abdomen. The Plaintiff was pregnant at the time and was in a coma for nearly five months. Her son survived the incident, but suffered profound brain damage.

Our law firm represents Clients throughout the state of Georgia and has recovered millions of dollars for individuals who have suffered an injury as a consequence of the fault of another. Please contact us if we can be of assistance.

As an Atlanta car accident law firm, we were saddened to learn of last week's single-car motor vehicle accident involving 5 Reinhardt University students. According to news reports, on Sunday, December 5, 2010, at approximately 12:44 a.m., the students were traveling in a 2007 GMC Sierra that left the roadway and before striking an embankment in north Cherokee County. One of the students, Mr. Steven Gregory Excell, unfortunately, perished as a consequence of the injuries he sustained. Reports indicate that the four other students were transported to Atlanta Medical Center where, all but one, were treated for their injuries and released. According to statements from the Georgia State Patrol, cras investigators believe that the driver of the vehicle lost control of the automobile before it left the roadway. The investigation remains open, however, and any charges against the driver remain pending.

If the driver of the GMC Sierra is found to have been at fault in causing this accident, Mr. Excell's family may elect to pursue a civil action for the wrongful death of their family member. His family could potentially recover a substantial sum for the loss of their family member, though, the ultimate recovery is dependent upon the insurance coverage held by the driver of the vehicle. In addition to the claim held by Mr. Excell's family, the other passengers of the vehicle may elect to bring independent personal injury actions. Because the insurance coverage may be limited, however, it is critical that the family of Mr. Excell, as well as the other victims, act quickly to ensure that insurance coverage is not exhausted.

It has been a difficult year across college campuses, as car accidents involving students have occurred at an alarming rate. Our firm, in fact, recently successfully represented the family of a Kennesaw State student whose life was lost in a similar incident. We, thus, understand the pain and anguish that Mr. Excell's family and friends are presently experiencing. We extend our condolences his loved ones, and we wish a speedy recovery to the other injured students.

Our Law Firm has learned of a tragic two-vehicle car accident that has claimed the life of Michael Oncay, 21, of Braselton, Georgia. According the Braselton County Police, a 2011 Kenworth rig driven by Dale R. Pittman Jr. of Knoxville, Tennessee, was traveling on GA 53 before attempting to make a left hand turn into a Pilot service station. Upon making the left hand turn, reports indicate that Mr. Pittman failed to yield to a 1997 Dodge 1500 which was travelling in the opposite direction. Mr. Oncay was a passenger in this vehicle which was under the operation of drive James Comer of Jefferson. Mr. Pittman, the rig's driver, apparently informed police that he thought he struck a sign and was unaware his truck had been hit. He was cited for failure to yield the right of way. News reports state that Mr. Mr. Oncay was wearing a seat belt at the time of the accident and, at the scene, he purportedly only complained of an injury to his arm. He was, thus, transported to Northeast Georgia Medical Center where he was treated for a broken arm and a head injury before being released. According to news reports, however, upon returning home, Mr. Oncay's mother found him unresponsive while lying on a sofa. Jackson County medical unit personnel reported to the scene, and, unfortunately, attempts at resuscitation were unsuccessful.

We have been retained in many car accidents such as this one to protect the interests of the injured parties. It appears from police reports that Mr. Pittman was criminally at fault in causing this accident and, as such, the family of Mr. Oncay may elect to pursue a civil action for the wrongful death of their family member. Mr. Oncay's family could potentially recover a substantial sum, but the ultimate recovery is dependent upon the insurance coverage held by Mr. Pittman. Because this insurance coverage may be limited, it is critical that the family of Mr. Oncay act quickly to ensure that such coverage is not exhausted.

Our personal injury and wrongful death law firm has recovered millions of dollars in Georgia for families who have lost a loved one in tragic car accidents such as this one. We extend our condolences to the family of Mr. Oncay, and, if needed, we offer our legal support to his family.

The victim of an Atlanta car crash was recently awarded $2,000,000.00 for a spine injury sustained in a horrific motor vehicle accident involving two tractor trailer trucks. A DeKalb County jury issued the verdict after a lengthy trial in which the accident victim testified as to how a lumbar herniated disc injury suffered in the car accident has significantly impacted his life. The victim incurred medical expenses totaling $155,000.00, and the jury awarded an additional $1,845,000.00 for pain and suffering.

Many of our Clients ask about the differences between a car accident and a truck accident in Georgia. While there are distinct differences, the most important difference to an injured plaintiff is the insurance coverage available for injuries sustained in a trucking accident. While car accidents typically involve private individuals who may have insurance coverage as low as $25,000.00, truck accidents involve commercial vehicles that are insured by polices of insurance that are usually a minimum of $1,000,000.00. This means that a person injured in an accident caused by a negligent truck driver will usually have the potential for a greater financial recovery.

In addition to the higher level of insurance coverage available in tractor trailer accidents, there are also legal differences between motor vehicle accidents and truck accidents. Truck drivers may be held to higher standards of care depending on the load that is being hauled, and there are limitations on the time that a driver of a tractor trailer may operate the vehicle each day. There are also limitations as to the roadways that a truck may drive on.

Continue reading "Atlanta Car Accident Victim Awarded $2 Million for Spine Injury" »

We were saddened to learn that 51 year-old Athens-Clarke County resident Curt Clouspy was killed Sunday morning when, according to local police, 25 year-old Chelsea Landen Clark lost control of her vehicle near the intersection of Barnett Shoals and Davis Road. News reports suggest that Ms. Clark was driving eastbound when she lost control of her car, left the roadway, and struck Mr. Clouspy and his wife, Elizabeth, as they were walking their dogs alongside the street. Mr. Clouspy was transported to Athens Regional Medical Center where efforts to revive him were unsuccessful. Reports suggest that Mrs. Clouspy was also admitted to the hospital and treated for minor injuries. According to Sergeant Von Anderson, an Athens-Clarke County police Traffic Unit supervisor, collision reconstruction investigators believe Ms. Clark may have been speeding at the time of the incident. Athens-Clarke County Police have not filed any charges at this point but the investigation continues.

If Ms. Clark is, in fact, criminally responsible in causing this accident, Mr. Clouspy's family may seek to pursue a civil lawsuit against her for the wrongful death of their family member. Mr. Clouspy's family is entitled to damages for the loss of their loved one, however, any recovery may ultimately depend upon the insurance coverage held by Ms. Clark. It is, thus, critical that Mr. Clouspy's family enlist the assistance of legal counsel to assist them in this matter.

Our personal injury and wrongful death law firm has recovered millions of dollars for injured victims and their families who have lost a loved one at the fault of another. As such, we understand how difficult and traumatic this experience may be for Mr. Clouspy's family. We extend our sympathies and offer our legal assistance if needed.