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Atlanta Personal Injury Blog

Filing a wrongful death lawsuit after fatal accident

It's every person's worst nightmare: receiving the unexpected news that your beloved family member or friend has been killed in a fatal accident. Losing someone you care about suddenly is always hard. Not all sudden deaths are due to others' negligence, but look closely at the circumstances surrounding a loved one's death. There may be more than immediately meets the eye.

If something doesn't feel right about the way in which a loved one left this world, it might be time to start asking questions. A wrongful death lawsuit asks those questions and seeks to answer them as well. How could loved ones benefit from a wrongful death lawsuit? Wrongful death lawsuits are aimed at filling the financial gaps that happen for loved ones when a person unexpectedly passes away due to a fatal accident in which another person or party is responsible for their well-being, and thus negligent for their actions or inaction that occurred in the event.

Common birth injury questions

If your child was born with a birth injury, you will likely have an infinite number of questions while you try to determine the best way to help your child cope with his or her situation. You may also have serious questions about how you're going to pay for costly treatments associated with your child's birth injuries.

Personal injury lawyers who represent parents of children with birth injuries tend to hear a handful of similar questions from clients. Let's address a few of the most common birth injury questions here.

Seeking damages after a truck accident injury

The affects of a motor vehicle accident can be felt over a long period of time, affecting the injured and their family members in ways they might not have expected. This tends to be true especially for truck accidents, simply because the size and weight of commercial trucks means that injuries in truck accidents are often extremely serious.

Many people who are injured in a trucking accident will require lifelong care for injuries suffered in the crash. Whether this manifests in physical therapy, or more serious and attentive care due to disability, the impact can be astounding. There are several categories of injuries and losses one can claim when wrongly injured in a truck accident injury.

No appeal pending for injured patient awarded $26 million

Some stories seem so terrible that it can't possibly have happened in real life. The sad truth is that these "stories" are, sometimes, real events. One such instance of medical malpractice happened at a Georgia hospital, for which the injured patient has been awarded a $26M medical malpractice settlement.

For this particular patient, it was suspected that the patient was suffering from a hematoma that was constricting her airway - a serious surgical complication after a surgery on her neck was performed. It was alleged that the overseeing operating room doctor failed to admit her into the operating room within the two hour window the hospital deems protocol for this type of emergency. Instead, the woman was not admitted until the sixth hour of her suspected hematoma diagnosis. This led to physical and mental disability due to a brain injury suffered from lack of oxygen to the brain.

Was a medically induced injury avoidable or negligent?

Sometimes the quality of medical care that Atlanta residents receive is not up to professional standards, and causes further injury. How do you know if medical negligence caused injury to you or a loved one?

The first indication is that a person suffers an injury or an illness after a medical interaction. Oftentimes this injury or illness can vary greatly from the actual illness or injury you or a loved one were treated for. However, medical diagnoses and second opinions can help to determine negligence may have occurred with a person's medical care. Not all instances of ineffective medical care are negligent, however. Negligence only exists if a medical facility or professional who owed a duty of care to that patient made an error that others of similar stature wouldn't have made, and it caused injury.

What is the leading cause of airplane crashes?

Air travel tends to make even the most seasoned traveler a little nervous. Maybe it's the aspect of losing personal control, the tight, generally crowded space or the thought of being over 30,000 feet up in the air. Airplane crashes are relatively rare, but they do happen and it injures or kills people every year. It may take a considerable amount of time to determine the cause of an airplane crash, but one cause leads the way when it comes to reasons airplanes crash. That reason is pilot error.

Pilot error accounts for the reason planes go down in as many as half of all airplane crashes. The other leading cause of airplane crashes is mechanical failure. With airplanes being such large, complex machines, that is expected but not acceptable.

Compensation after you are injured by a defective product

With technology expanding and infiltrating the lives of the average Atlanta resident every single day, it's amazing to think of the impact. Technology allows for better and more useful products to be used by the average person every single day. While most of these products are well-researched and tested, occasionally a dangerous product slips through and it can cause serious injury to those who come into contact with it. Whether due to an inherently dangerous design, a manufacturing mistake or some other products liability issue, injury can result.

These injuries can often be very serious, as they are unexpected by the people who use the product. Maybe a wheel bearing collapses in a new car at 50 miles per hour. Or a hair dryer short circuits on the user, causing electrical injury. Beyond that, medical equipment can and has been a cause of serious injury or death, like when a defect in the design of the equipment ends up getting people sick.

Investigation ongoing in truck accident that injured 5

Every time we get behind the wheel, we rarely think of the dangers that wait on the road. Gladly, most people never know the tragedy that can occur if a passenger vehicle is involved in a collision with a large truck, like a commercial truck or eighteen wheeler. Recently, a passenger van was traveling on Atlanta's Tacoma Drive when it was involved in a collision with a tractor-trailer. The driver and 4 passengers have been reported as seriously injured to the point of critical condition although their current health condition is unknown.

They injuries of course were sustained in the crash with the tractor trailer. It was daylight at the time of the truck accident; it happened at approximately 10 a.m. when the driver's van passed through the intersection of Marietta Boulevard and Tacoma drive. According to reports, the light was green when the woman passed through the intersection and it is not known at this time what caused the vehicle and the truck to collide.

Wrongful death has lower standard of proof than criminal case

We have all heard the headlines where those in our Atlanta community were injured or even killed in an accident or altercation. Sometimes these injuries are criminal and other times they just feel wrong, like someone should be help accountable, even if it was an accident. That's where wrongful death suits come in. These civil suits can seek damages for loved one's who have love someone important to them in an accident involving negligence.

Not all accidents appropriately framed for a wrongful death. Some accidents are just accidents after all. But if there is even a small suspicion that someone's negligence could have caused or contributed to loved one's untimely death, it is certainly worth looking into. The truth is that negligence could come attributed to a single person, a business or even a related-third party.

Medical malpractice victims must prove their case

There are so many people across this country that suffer every year because a doctor failed to diagnose their condition, or because a pharmacist gave them the wrong prescription, or because a surgeon botched a typical procedure. That list could go on and on -- but the main point is that medical malpractice can deal devastating or even fatal injuries to an innocent person who is simply seeking medical treatment. When a medical professional's care dips below the accepted standard, then questions must be raised and the victims (or their loved ones) must seek justice.

Having said all of that, how does one prove that medical malpractice happened?

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