SWS Accident & Injury Lawyers have more than 30 years of experience representing victims injured in accidents involving commercial vehicles, big rigs, and 18 wheelers.  Heavy commercial vehicles, Big Rigs/18 Wheelers, and other large trucks constitute less than 5 percent of all registered vehicles nationwide.  Yet statistics from the National Safety Council reveal that over 9 percent of fatal crashes on U.S. roadways involve at least one large commercial truck or bus.   A significant observation from this data is that of all the individuals killed in large truck crashes on American roads, more than 70 percent were occupants of other vehicles involved in the accident rather than the occupants of large trucks themselves. While acknowledging the essential role these multi-ton rigs play in sustaining modern society, it's evident that they pose significant risks.

Introduction to Commercial Trucking Accidents

In Georgia, a commercial vehicle is defined as any vehicle that:

• Has a gross vehicle weight rating of 10,001 lbs. or more (single vehicle or total GVWR of a
  combination of vehicles);
• Is designed or used to transport more than 8 passengers (including the driver) for compensation; or
• Is designed or used to transport more than 15 passengers (including the driver) and is not used to
• transport passengers for compensation; or
• Is used to transport hazardous materials in a type and quantity requiring placards.

Common Types of Commercial Truck Accidents

1. Truck Rollovers - Drivers/operators of large commercial vehicles must take extra precaution when turning due to their vehicles high center of gravity.  Due to the high center of gravity, commercial vehicles face greater strain when navigating turns, and are more likely to rollover.  Some rollover may be caused by someone acting recklessly or distracted driving, other rollovers can be cause by improper loading of the vehicle or due to tire blowouts.
2. Rear End Collisions - Whether due to distracted driving, an emergency situation, or just plain bad luck.  A rear end collision involving a large truck can be devastating to the increased amount of forces caused by a large and heavy commercial vehicle.
3. Jackknife -  This occurs when a trailer being pulled by another vehicle swings around like a folding jackknife or pocket knife.  This can occur due to improper turning or breaking by the driver of the pulling vehicle.  It can also occur during wet weather when a driver attempts to brake to quickly for conditions.
4. Head-on collisions - Although not as prevalent as some other types of accidents, the results of a head on collision with a commercial vehicle are devastating.  These types of collisions are frequently caused by overworked and/or sleep deprived operators.
5. Sideswipe Accidents - Have you ever seen the sign on the back of a large truck that states something similar to, "If you can't see my mirrors then I can't see you."  If so, then you know that large commercial vehicles also have large blind spots.  These blind spots result in sideswipe accidents where a large vehicle will change lanes either forcing the other vehicle off the road, or actually making contact with the side of another vehicle.  Because these types of crashes often happen at high speeds, the resulting damage and injuries can be extreme.
6. Wide Turn Collisions - When making right-hand turns, truck drivers face tighter maneuvers compared to left-hand turns, necessitating special caution. To navigate these turns safely, some truck operators opt to swing their cabs wide to the left before executing the right-hand turn, aiming to avoid the "right turn squeeze" that occurs when trailers lack adequate space for proper turning. However, this maneuver poses risks to vehicles in adjacent lanes, which could collide with the trailer or become trapped beneath the truck as it swings left.

Federal Regulations for Commercial Vehicles

FMCSA regulations, overseen by the Federal Motor Carrier Safety Administration, are designed to ensure the safety of commercial truck operations on U.S. roadways.  These regulations cover various aspects of trucking, including driver qualifications, hours of service, vehicle maintenance, and cargo securement.

• FMCSA regulations set standards for driver licensing, training, and medical examinations to ensure that commercial truck drivers are qualified and fit to operate these large vehicles safely.
• Hours of service regulations dictate the maximum amount of time drivers can spend behind the wheel and require mandatory rest periods to prevent driver fatigue, a leading cause of truck accidents.
• Vehicle maintenance regulations mandate regular inspections and maintenance to keep commercial trucks in safe operating condition and minimize the risk of mechanical failures on the road.
• Cargo securement regulations ensure that loads are properly secured and distributed to prevent shifting or falling, which can lead to accidents or roadway hazards.
•  Compliance with FMCSA regulations is crucial for trucking companies and drivers to avoid fines, penalties, and potential liability in the event of accidents.

Ensuring a commercial vehicle and it's driver are compliant with the appropriate federal regulations are of the upmost importance when investigating an commercial vehicle accident.  Violations of these regulations can help provide evidence of negligence, and lead to substantial penalties and fines for those find in violation.

Federal Insurance Requirements for Commercial Vehicles

Federal law requires commercial vehicles to maintain a minimum of between $750,000.00 and $5,000,000.00 in liability insurance depending on the cargo carried.  Any commercial vehicle carrying people, for example a bus, is required to have a minimum of $1,500,000.00 for vehicles carrying less than 15 passengers, and $5,000,000.00 for vehicles capable of transporting more than 15 passengers.

Common Injuries in Commercial Vehicle Accidents in Georgia

The most common injuries caused during commercial vehicle accidents include:

1. Whiplash - This is caused by the sudden jerking motion of the neck.  It can cause pain and tingling in the neck and upper extremities.  It can also cause loss of mobility and stiffness.
2. Traumatic brain injuries (TBI) - This caused when the brain is bounced around within the skull due to impact.  These can range from concussions to long lasting brain damage resulting in a decline in cognitive function, memory loss, and other neurological deficits.
3. Spinal cord injuries - Trauma to the back and spinal cord can lead to paralysis, pain, and loss of sensation of particular parts of the body.
4. Broken bones - Due to the size and force created in a commercial vehicle accident, broken bones are common.  Broken bones are extremely painful, and if not treated quickly, can result in prolonged and expensive rehabilitation and therapy.
5. Burns - Fires or chemical spills in commercial vehicle accidents can result in severe burns, leading to pain, scarring, and long-term complications.
6. Psychological/Emotional Trauma- The emotional impact of a commercial vehicle accident, including post-traumatic stress disorder (PTSD), anxiety, and depression, can significantly affect the victim's quality of life.
7. Amputations - Some severe injuries may require amputation of limbs and/or digits, resulting in permanent physical and psychological disabilities.
8. Death - Unfortunately, some commercial vehicle accidents result in death.  Leaving families to cope with the devastating emotional and financial loss of a loved one.

Steps to Take After a Commercial Vehicle Accident

1. Get to Safety - Whether it be remaining in your vehicle, or walking to the side of the road away from traffic.  The most important thing following an accident involving a commercial vehicle is to get tot safety.
2. Contact emergency services - A call to 911 to inform law enforcement and emergency medical personnel is the next step.  Law enforcement can assist in creating and maintaining a safe environment, while also investigating the cause of the accident.  Emergency medical personnel will be able to ensure anyone suffering an injury is stabilized and taken to receive any emergency medical care they require.
3. Gather evidence - If possible take pictures of any vehicles involved in that accident.  Also document any visible injuries of people involved in the accident.  If possible, collect insurance information from drivers/occupants of any vehicles involved in that collision.
4. Get medical treatment - No matter how small an injury may seem at the time, due to the forces involved in a commercial vehicle accident, it is important to be evaluated by a medical professional.  Many injuries such as whiplash and soft tissue trauma can take hours or days to manifest.  As such, it is important to be evaluated by a medical provider in order to obtain the proper treatment and documentation any injury may require.
5. Talk to an experienced lawyer -  It is important to talk to an experienced commercial accident lawyer as soon as possible.  In addition to making sure any injuries are documented, a good lawyer will begin sending spoilation letters to involved parties to preserve evidence that can be crucial in bringing a claim for compensation.  Additionally, a good lawyer will begin to develop a strategy to maximize your compensation by determining the correct jurisdiction, parties, and other legally relevant information specific to you.

Why You Should Hire SWS Accident & Injury Lawyers for You Commercial Vehicle Accident

1. Experience - Our firm has been privileged to help victims of commercial vehicle accidents for more then 30 years, with our lawyers having more than 75 combined years of practicing law.
2. Expertise - Our firm only represents victims of commercial vehicle accidents and other personal injury situations.  We have successfully settled and achieved favorable verdicts through Georgia's State and Superior Courts, as well as Federal courts.
3. Authority - SWS Accident & Injury Lawyers is often the referral choice for many other firms in Georgia who lack the resources or expertise to pursue commercial vehicle claims.  We pride ourselves in being trusted by our colleagues to achieve the best possible results for our clients.
4. Trustworthy - You can trust our lawyers to treat you like family and go the extra mile to ensure that your legal, medical, psychological, and financial needs are met following a commercial vehicle accident in Georgia.

 

If you or someone you know has been injured in a commercial vehicle accident in Georgia give our lawyers a call today at (770) 214-2500 for a free consultation.

 

 

What are the Benefits of Hiring an Accident Lawyer in Carrollton, GA?

Hiring an experienced good Georgia car accident attorney makes a lot of sense if you’ve been seriously injured in a motor vehicle accident. But how do you go about finding appropriate legal representation? You’re in the midst of a difficult situation, and you may be tempted to simply go online and contact the first law firm appearing on the search engines. Resist that temptation – your entire case depends on doing your research and finding a qualified firm that shares your values and has the capacity, knowledge, negotiating chops and courtroom skills to advocate aggressively on your behalf

Understanding Legal Representation after a Car Accident

• After a car accident, a lawyers role is multifaceted.  A good lawyer will be able to listen to your description of the events, and evaluate the evidence to come up with a gameplan to maximize your recovery.

How Can A Carrollton GA Accident Lawyer Protect your Rights?

• A lawyer will help protect your rights in multiple ways.  They will first ensure the proper parties have notice of the incident.  They will also ensure any deadlines, or statutes of limitations, are not violated.

What Steps Should I Take After a Car Wreck in Carrollton, GA?

Car accidents happen every day in Georgia, even to safest drivers. The first thing to do is to try and remain calm.   Keeping a calm will help you document the accident and accurately.

Follow the following steps after a crash to set yourself up for the best possible outcome.

Immediate Actions to Take

1. Check for injuries and move to a safe area.
2. Call 911 so a law enforcement officer can complete a report.
3. Exchange information - This should include the other drivers name, address, and phone number, as well as any passengers in the vehicle. Also collect the other drivers auto insurance information, specifically the company name and policy number.

Documenting Evidence

• Take pictures or videos of the accident site, as well as any damage to the vehicles.
• Write down your recollections of any details regarding the accident. This should include the time of day and weather conditions.

Seek Medical Treatment

• Seek medical treatment for any injuries. Even if you think an injury is minor and will resolve on its own, it is super important to have documentation regarding any injuries and medical treatment you may receive for those injuries.

How Can a Carrollton GA Accident Lawyer Assist in the Claims Process?

Filing an insurance claim can be a dauting task.  From knowing if you can trust the insurance company, to knowing what information to provide is alot to ask for someone who has been injured.  An accident lawyer can handle all of this for you.

Understanding the Complexities of Filing an Insurance Claim After a Georgia Car Accident

It is important to remember that auto insurance companies (most anyway) are private businesses or corporations whose main goal is to make a profit for their shareholders.  Insurance companies are not charitable entities and do not have your best interest in mind.  Common tactics employed by insurance companies include:

• Denying claims outright - Some insurance companies simply make it a policy to outright deny as many claims as they can possibly get away with, which naturally is a great way for them to save big. Some insurance companies go so far as to reward the employees who deny the most claims.
• Delay, Delay, Delay - Another tried and true tactic is delaying the process to the point that many people simply give up (meanwhile, insurance companies make money off the interest and investments they are required to hold to pay out claims). Sometimes giving up is just the easiest path—and if you’re injured in a car accident, you may not have much fight left in you.
• Speaking in legalese - Contracts of any sort are well known for how hard they are to understand, but car insurance policies often intentionally include legal jargon intended to confuse policyholders. Some insurance companies also incorporate obscure coverage clauses that policyholders don’t understand until it’s too late.

Ensuring Fair Compensation

Once you've obtained appropriate documentation, your lawyer will submit a settlement demand package. This will include a letter explaining what happened and how it impacted you, plus plenty of documentation to back up your allegations. After the demand package is reviewed, there will likely be some negotiations with the insurance provider. The insurer may claim that the demand is too high, given the extent of the injuries - but this can be negotiated until a settlement that both parties find acceptable is reached. Further complications may occur due to Georgia's modified comparative fault approach, in which the negligence of both parties is considered.

What types of Compensation are Available After a Car Accident in Carrollton, GA?

The most common types of compensation following a car accident include:

Medical Expenses

Medical bills can add up quickly in the aftermath of a car accident. In addition to sometimes lengthy hospital visits, victims may require ongoing rehabilitative care. A variety of immediate and ongoing medical expenses may be covered by compensatory damages.

Lost Wages and Future Earnings

If the injuries that occurred during your Georgia accident have left you unable to carry out your usual duties at work, you may be eligible for remuneration of lost wages.

Pain and Suffering:  Damages for Emotional and Physical Distress

The suffering caused by a car accident goes far beyond physical pain. Emotional trauma is also common, with many car crash victims experiencing symptoms of post-traumatic stress disorders years after the accident occurred. Pain and suffering damages recognize this and compensate victims accordingly.

How Can I Choose the Right Carrollton GA Accident Lawyer for My Case?

Before calling up firms to schedule consultations, stop and clarify what you need out of the relationship and what you expect. Fill in this blank: “I need a Georgia car accident attorney because ______.” Maybe you just crave fair compensation for your injuries. Maybe you need insight into what to do if the other driver lies or takes action against you. Maybe your goal is to get this off your plate ASAP, so you can finish a big work project.

Next, spell out your standards. What do you expect from your team? Maybe you need to hire someone within 15 miles of your house. Maybe you want to be sure the firm will treat you as an individual and really spend time with you. Maybe you want to find the most aggressive possible car accident lawyer.

Evaluating Experience and Expertise

Before choosing a firm, interview prospective lawyers in person. Have a list of questions to ask. These might include:

• Why do you and your team practice personal injury law? What drew you to this field?
• What are your firm’s strengths? What makes your team special?
• What are your weaknesses? Why wouldn’t someone hire you?
• What sort of experience do you have with cases similar to mine?
• What charges can I expect? (Most car accident lawyers take cases on a contingency basis, but not all do. Some firms bill for things like photocopying and postage. You may need to pay fees for medical and other experts to review the case. Get clarity.)
• How often can I expect updates on my case?
• How long do you guess my case will take? What are potential challenges that could arise?
• What’s your process for handling cases like mine?
• Once you have asked these and other relevant questions, spend time deliberating. Pay attention both to the technical information you’ve obtained as well as to your intuition about the firm. Sometimes, our gut instincts pick up on key factors that our conscious minds neglect.

What Sets SWS Accident & Injury Lawyers Apart from other Carrollton GA Firms?

SWS Accident & Injury Lawyers have successfully represented for more than 30 years.  Some of the reasons our clients have trusted us to represent them include:

A Commitment to Personal Relationships

We pride ourselves on having personal relationships with all of our clients. By building a relationship, it allows us to understand your needs and make sure you are comfortable with everything involving your case.

Track Record of Success: Demonstrating Our Ability to Secure Favorable Outcomes

Our track record of obtaining high judgments and settlements for our clients is unmatched.  A few examples of our recent wins include:

• $7.95 million dollar settlement in a work accident involving a traumatic brain injury.
• $3 million settlement for an individual crushed by a frontloader.
• $1.6 million dollar settlement for individual injured in a car accident.
• $1 million dollar settlement for car accident involving a dump truck.

Client Reviews and Insights

Nothing we can write here will speak as loudly as the words of our own clients.  So don't take our word for it, check out reviews and testimonials from past clients by clicking the link here.

 

Along with a duty to represent our clients, all of us at Smith, Wallis & Scott, LLC - SWS Accident & Injury Lawyers feel we owe a duty to give back to our community whenever possible.  For the 2023-2024 school year we have the pleasure of sponsoring the teachers of the month at each of the Carrollton City Schools.  Every month we present the teachers of the month at Carrollton Elementary School, Carrollton Upper Elementary School, Carrollton Middle School, and Carrollton High School with a check to show our gratitude for their hard work educating the children in our community.  Afterwards, we take a picture of the winners and place them on a digital billboard to help introduce our community to these wonderful educators.  Below are some examples of our billboard designs recognizing the winners.

 

A special thank you to Superintendent Dr. Mark Albertus and principals Dr. Kylie Carroll (Carrollton Elementary),  Tabitha Walker (Carrollton Upper Elementary), Eric Simmons (Carrollton Middle), and Ian Lyle (Carrollton High) for allowing us to support these wonderful educators.

In Georgia, the occurrence of medical malpractice often leaves individuals or their acquaintances deeply surprised. We anticipate that the healthcare professionals we rely on for our well-being will consistently prioritize actions that prevent harm. Regrettably, the truth reveals that in the United States, overworked, inadequately trained, and negligent providers contribute to injuries and illnesses on a daily basis.

Medical Malpractice/Error Facts

• Recent data shows the top three malpractice allegations are 34.1% misdiagnosis, 21.4% surgical error, and 21.1% treatment error.
• Diagnostic errors cause 80,000 to 100,000 deaths in the US each year.
• Unfortunately, medical doctors are under a lot more stress than your average profession. Stress brings with it burn-out, depression, and double the suicide rate of the general population. Many doctors admit that they’re overworked.
• You absolutely can wait too long to file a case. Every state is different, but there’s usually something called a “statute of limitations,” or a time frame you have to file.  In Georgia,  you have two years from the date of the malpractice, or when a reasonable person would realize malpractice has occurred, to seek legal action from the malpractice incident.
• Medical malpractice cases take time. Some are quicker than others, but it can take several months, and even years. Believe it or not, about 95% of cases settle out of court. This means that your law firm and the person or group you’re suing come to an agreement on their own.
• Medical negligence is currently, according to Johns Hopkins University, the 3rd leading cause of death in the US.
• A recent study estimates as many as 22,165 preventable deaths occur in hospitals each year. This does not include situations of malpractice where patients are injured or contract diseases unrelated to their initial condition.
• Cancer is the most common misdiagnosed condition in medical malpractice.
• The majority of medical malpractice cases require no money up front. If your law firm believes you have a strong case they’ll actually foot the bill. If you win, your lawyer gets an agreed upon percentage and will also get reimbursed legal fees. The good news is, if you lose you don’t owe them anything.
• Having a team of medical malpractice experts on your side is vital. In a malpractice suit, you’re usually going against giant corporations. You need expert witnesses and an experienced firm to win. Do your research and carefully select your firm.

If you or a family member have been the victim of medical malpractice give our lawyers a call today at (770) 214-2500 for a free consultation.

If you've sustained significant injuries in an accident that wasn't your fault, the aftermath can be both overwhelming and bewildering. These injuries could result from various types of accidents. In Georgia, motor vehicle collisions rank as the primary cause of injury-related fatalities and the second leading cause of emergency room visits and hospitalizations.

Navigating through this situation, you might be uncertain about the next steps and concerned about when life will regain a sense of normalcy. This concern is heightened, especially if your injury has led to the loss of a job or income.

Below are here are four mistakes to avoid while you’re healing from your injuries and/or preparing to file an insurance claim or lawsuit.

1. Waiting too long to seek medical treatment

Following an accident, obtaining timely medical care is of utmost importance. Only a doctor can assess and diagnose your injuries, a crucial step for both your healing process and potential personal injury case. Acting promptly is not only essential for your recovery but also plays a pivotal role in supporting your legal claim.

Delaying medical attention might create the impression that you were not injured or that your injuries were not significant. It could be argued that you were well enough to carry on with your life without seeking medical advice. Compliance with your doctor's treatment and recovery instructions is a factor scrutinized in personal injury cases. Failing to consult a doctor promptly will likely harm your chances of a full recovery from the insurance company.

2.  Lack of documentation

Upon consulting a doctor post-accident, you initiate the documentation process for your case. Your medical records play a crucial role in establishing a link between the accident and your resulting injuries. Beyond medical documentation, various other forms of evidence contribute to building a comprehensive case.

Depending on the nature of the incident, these documents may encompass a police report, photographs from the accident scene, available dashcam footage, and statements from eyewitnesses. An investigation is conducted to discern the circumstances surrounding the accident. The more thorough the documentation, the more effectively it constructs a narrative demonstrating that you were a victim of someone else's negligence.

Insufficient or lacking documentation makes it considerably challenging to build a robust case on your behalf. To gather compelling evidence, ensure the prompt involvement of the police in motor vehicle accidents, capture photos or videos, and secure eyewitness statements. Additionally, retain copies of receipts for any expenses related to the accident.

3.  Giving a recorded statement

Following an accident, it's possible that an insurance company will reach out to you, often seeking a phone conversation. These companies are notorious for employing deceptive strategies to exploit individuals unfamiliar with the compensation process after an accident.

One such tactic involves requesting your consent for a recorded statement. The adjuster might attempt to lead you into making statements that could imply fault on your part for the accident. When contacted by the adjuster, it is advisable to direct them to your attorney. Refrain from engaging in conversation until you have sought legal advice.

4.  Not hiring an experienced lawyer

The process of seeking compensation after an accident is intricate, and while it might appear cost-effective to handle it independently, the opposite is often true. It is crucial to have a lawyer with a proven track record of successfully representing numerous personal injury clients.

An experienced attorney can manage your entire case, taking care of interactions with insurance companies and negotiating settlements. Although the majority of cases are resolved without going to court, in the event of unsuccessful negotiations, you require a lawyer capable of constructing a compelling case to advocate for your justice in the courtroom.

If you have been injured, call our experienced lawyers today at 770-214-2500 for a free consultation.

Navigating personal injury law in Georgia can be intricate, and misconceptions frequently steer individuals in the wrong direction when dealing with legal matters related to personal injuries. At SWS Accident & Injury Lawyers, our goal is to offer top-notch representation for personal injury cases throughout the State of Georgia. Leveraging our extensive knowledge and resources, we are dedicated to assisting clients in understanding and maneuvering through the legal complexities to secure the compensation they rightfully deserve. This in-depth guide aims to dispel common misconceptions about personal injury law, provide insights into the legal process, and underscore the significance of seeking specialized legal assistance.

• Myth 1 -  All personal injury cases are the same

There's a common misconception that personal injury cases are simple and adhere to a standardized procedure, but this is far from reality. Personal injury cases span a broad spectrum of incidents, including car accidents, slip and falls, medical malpractice, and product liability. Each case presents its distinct circumstances, evidence prerequisites, and legal standards. It's essential to acknowledge that the particulars of your case profoundly impact the legal approach taken and the potential compensation you might be eligible for.

• Myth 2 - Personal injury claims are always resolved quickly

Although certain personal injury cases may be promptly resolved, it is a misconception to assume that all claims are settled swiftly. The duration of a case is contingent on several factors, such as the complexity of the incident, the extent of injuries, the accessibility of evidence, and the cooperation of the parties involved. It is crucial to approach personal injury cases with realistic expectations and to recognize that the legal process may require time to achieve a fair and equitable resolution.

• Myth 3 - I can handle my personal injury case without a lawyer

A prevalent misconception is that enlisting the services of a personal injury attorney is redundant, and individuals can manage their cases independently. Yet, maneuvering through the legal system without professional guidance can pose challenges and potentially result in unfavorable outcomes. Personal injury lawyers bring in-depth legal knowledge, experience in handling comparable cases, and essential negotiation skills to enhance the likelihood of securing fair compensation. They are well-versed in the strategies employed by insurance companies and defense attorneys, effectively safeguarding your rights.

• Myth 4 - Personal injury lawsuits are always contentious and go to trial

Contrary to common belief, most personal injury cases are resolved through negotiations rather than proceeding to trial. Litigation can be a costly and time-consuming endeavor for everyone involved. Seasoned personal injury attorneys dedicate themselves to negotiating equitable settlements outside the courtroom, alleviating clients from the stress and unpredictability of a trial. Nevertheless, in instances where a fair settlement remains elusive, adept trial attorneys are ready to litigate your case and advocate for your rights in court.

• Myth 5 - Personal injury compensation only covers medical expenses

There is a common belief that personal injury compensation only addresses medical expenses resulting from an accident or incident. While medical costs are a significant part of compensation, personal injury law acknowledges that victims may endure various other damages. Compensation may encompass lost wages, future medical expenses, pain and suffering, emotional distress, and loss of consortium. Collaborating with an experienced personal injury attorney, who evaluates the complete range of your damages and advocates for comprehensive compensation, is crucial.

• Myth 6 - I can file a personal injury claim at any time

Personal injury claims are bound by statutes of limitations, legal deadlines that dictate the period within which you can initiate a lawsuit. These limitations differ based on the nature of the incident, the jurisdiction, and other factors. Neglecting to commence legal proceedings within the designated timeframe may lead to the forfeiture of your right to pursue compensation. It is essential to promptly seek the guidance of a personal injury attorney after an incident to ensure adherence to all relevant deadlines.

Misunderstandings about personal injury law frequently give rise to misconceptions that may negatively affect the rights of those who have suffered accidents. Our aim is to dispel these common misconceptions, illuminate the intricacies of personal injury cases, and empower individuals to make informed decisions when seeking legal help. At SWS Accident & Injury Lawyers, our devoted team of personal injury attorneys is dedicated to delivering outstanding representation and vigorously advocating for our clients' rights. If you've sustained injuries due to someone else's negligence, we encourage you to reach out to our firm for a complimentary consultation. Together, we can navigate the legal process and strive towards securing the compensation you rightfully deserve.

Medical malpractice in Georgia refers to the professional negligence or misconduct by a healthcare provider, such as a doctor, nurse, dentist, or other medical professionals, which results in harm to a patient. This negligence may occur through actions, errors, or omissions during the diagnosis, treatment, or general care of a patient. Medical malpractice cases typically involve a breach of the standard of care that a reasonably competent healthcare professional would provide in similar circumstances.

Recent studies have estimated errors may account for as many as 251,000 deaths annually in the United States, making medical errors the third leading cause of death. Error rates are significantly higher in the U.S. than in other developed countries such as Canada, Australia, New Zealand, Germany and the United Kingdom.  At the same time less than 10 percent of medical errors are reported.

Common types of medical malpractice include:

1. Misdiagnosis
2. Delayed diagnosis
3. Childbirth injuries
4. Medication errors
5. Surgical errors
6. Premature discharge
7. Inadequate follow-up care

To establish a medical malpractice case in Georgia, the patient or their representative must generally prove 4 things:

1. Duty: The healthcare provider owed a duty of care to the patient.
2. Breach: The healthcare provider breached the standard of care by failing to meet an acceptable level of competence and skill.
3. Causation: The breach of duty directly caused the patient's injury or harm.
4. Damages: The patient suffered measurable harm or damages as a result of the healthcare provider's actions or negligence.

Medical malpractice cases can be complex, and they often involve expert testimony to establish the standard of care and to demonstrate how the healthcare provider's actions deviated from that standard.  Additionally, medical malpractice cases can be very expensive to bring to trial, with expenses typically exceeding $50,000.00 before the case even makes it to a court room.

With that being said, medical malpractice cases have a higher average settlement value compared to other injury cases.  This is due to the severe nature of the injuries caused by medical negligence.  Nationally, the average settlement payout for medical malpractice claims is between $300,000 to $380,000.  For cases that go to trial, and win, the average verdict is just north of $1 million dollars.

Laws regarding medical malpractice vary by jurisdiction, and there are specific procedural requirements and time limits for filing a claim.  In Georgia, you have 2 years from the date of the malpractice (or 2 years from when a reasonable person would have learned of the malpractice) in order to file a lawsuit.  Additionally, Georgia requires that any malpractice suit include a signed affidavit from a physician who practices in the same specialty as the physician accused of malpractice.  Without the accompanying affidavit, any malpractice lawsuit will be dismissed.

If you believe you have been a victim of medical malpractice, give our attorneys a call today at 770-214-2500 for a free consultation to assess the merits of your case.

 

Being the victim of a hit-and-run accident in Georgia can be a terrifying experience.   These incidents are serious, and they happen far too often. If you have been the victim of a hit-and-run, you may be worried about identifying the other driver, taking pictures or recording the accident scene, and interacting with law enforcement.  Then you have to worry about getting compensation for your injuries and damages. Remembering a few key things can help you protect your rights and maximize any compensation you might be eligible to receive.

How to Report a Hit-and-Run

After the initial shock of a hit-and-run accident, taking the proper steps is critical.  Georgia law requires you to “immediately” report any accident involving injuries, deaths, or more than $500 in property damage to the police. Here’s how to report a hit-and-run crash in Georgia:

• Call 911: When you dial 911 to report the incident, be ready to provide as much information as possible. If possible, include your location, a description of the hit-and-run driver or their vehicle, and any other details that might be helpful.
• Wait for the Police: Don’t leave the accident scene until law enforcement arrives.  Particularly inn Georgia, where it’s not only essential to any personal injury claim, but is also the law. Furthermore, you should document everything you can remember about the accident and the fleeing vehicle.  Take photos of any damage to your car and the scene. Be sure to get contact info for any witnesses who saw the accident. All of this will support your police report.
• File a Police Report: Once the officers arrive, you must file a police report. This report is an official record of the incident and will play a vital role in any subsequent legal action or insurance claims. Be honest and as detailed as possible when providing your account of the accident.
• Notify Your Insurance Company: The most important, and final step, is to report the incident to your own auto insurance company as soon as possible. Be sure to provide them with a copy of the police report after the police have completed their initial investigation. Taking swift action will help expedite any claims you need to make.  It also helps preserve your ability to be compensated under any uninsured/underinsured motorist insurance coverage you may have.

Being the victim of a hit-and-run can quickly become overwhelming, but don’t lose hope.  Our experienced lawyers are here to help. We will evaluate the details of your accident and advise you on the best path forward to recover compensation.  Give us a call today at 770-214-2500 for a free consultation.

 

You were injured and have filed a lawsuit, what judge will hear my case?  We get asked this question all the time.  In Georgia, the type of judge who will hear your case depends on what type of injury you have and where you, or your lawyer, decide to file the lawsuit.  In general, Georgia has 4 types of courts (Federal, Superior, State, Magistrate, Administrative).  This post will give a basic overview of what types of cases each court hears.

Superior Court

In Georgia, the superior court is a trial court with general jurisdiction, meaning it has the authority to hear a wide range of cases. Superior court judges in Georgia handle both civil and criminal cases.  Some Superior Courts have multiple judges due to the amount of cases they hear.  Some common types of cases that may be heard in a superior court in Georgia include:

1. Civil Cases:
   • Torts: Personal injury cases, including car accidents and medical malpractice.
   • Contracts: Cases involving breach of contract or disputes over contractual agreements.
   • Property: Cases related to real estate, such as boundary disputes or landlord-tenant issues.
   • Family Law: Divorce, child custody, child support, and other family-related cases.
2. Criminal Cases:
   • Felonies: More serious criminal offenses, such as murder, burglary, and drug trafficking.
   • Misdemeanors: Less serious criminal offenses, such as simple assault, petty theft, and DUI.
3. Appeals:
   • Superior courts may hear appeals from lower courts within their jurisdiction.

It's important to note that the specific jurisdiction of a superior court judge can vary depending on the judicial circuit within Georgia. Each county in Georgia is part of a judicial circuit, and superior court judges preside over cases within their assigned circuit.  For example, Carroll County is in the "Coweta Judicial Circuit".  The Coweta Judicial Circuit includes Coweta, Carroll, Troup, Meriwether, and Heard Counties.  There are currently 7 judges in the Coweta Judicial Circuit.

State Court

State court judges in Georgia have jurisdiction over a variety of cases, both civil and criminal.  Each county in Georgia is required to have at least 1 state court judge.  Here are some common types of cases that state court judges in Georgia may handle:

1. Civil Cases:
   • Tort Cases: Personal injury cases, including car accidents and slip-and-fall incidents.
   • Contract Disputes: Cases involving breach of contract or disputes over contractual agreements.
   • Property Disputes: Cases related to real estate, landlord-tenant issues, and property damage.
2. Criminal Cases:
   • Misdemeanors: Less serious criminal offenses, such as simple assault, petty theft, and disorderly conduct.
   • Preliminary Hearings: State court judges may conduct preliminary hearings to determine whether there is enough evidence to proceed to trial in felony cases.
   • Traffic Offenses: Cases involving traffic violations, such as speeding and reckless driving
3. Specialized Courts:
   • • Some state courts may have specialized divisions or programs, such as drug courts or mental health courts, which focus on specific types of cases.

Magistrate Court

Magistrate courts in Georgia handle a variety of civil and criminal matters, typically involving less serious offenses and smaller financial claims. Magistrate courts are designed to provide a more accessible and efficient forum for resolving disputes. Magistrate courts can be county wide, or individual cities can create their own magistrate courts.  The types of cases Gerogia magistrate courts  may hear include:

1. Civil Cases:
   • Small Claims: Magistrate courts often handle small claims cases  involving disputes over money ((less than $15,000) or property.
   • Landlord-Tenant Disputes: Cases related to issues between landlords and tenants, such as eviction proceedings and disputes over security deposits.
   • Contract Disputes: Cases involving breach of contract or disagreements over contractual obligations.
2. Criminal Cases:
   • Misdemeanors: Magistrate courts have jurisdiction over certain misdemeanor offenses, including minor criminal offenses such as simple assault, shoplifting, and disorderly conduct.
   • Traffic Violations: Magistrate courts may handle cases related to traffic violations, including speeding tickets and other minor infractions.
3. Preliminary Hearings:
   • Magistrate courts may conduct preliminary hearings in felony cases to determine whether there is enough evidence to proceed to trial in a higher court.
4. Issuing Warrants and Bonds:
   • Magistrate judges have the authority to issue arrest warrants and search warrants.
   • They may also set bail or bond conditions for individuals awaiting trial.
5. Civil Garnishments and Distress Warrants:
   • Magistrate courts may handle cases related to civil garnishments, which involve the withholding of wages to satisfy a debt.
   • Distress warrants may be issued in cases of landlord-tenant disputes to recover possession of leased property.

Administrative Courts

Georgia has several administrative courts and agencies that handle specific types of cases and disputes. Administrative judges, also know as "ALJ's" typically deal with matters involving state regulations, government actions, and specific areas of law. Keep in mind that the structure and names of these courts may be subject to change, and new developments may have occurred since my last update. Here are some key administrative courts and agencies in Georgia:

1. Georgia Office of State Administrative Hearings (OSAH):
   • The Office of State Administrative Hearings is an independent agency that conducts hearings and renders decisions in contested cases between private parties and state agencies. OSAH covers a wide range of administrative law matters.
2. Georgia Public Service Commission (PSC):
   • The Georgia Public Service Commission regulates utilities and services such as telecommunications, natural gas, and electricity. The PSC holds hearings and makes decisions on issues related to rates, services, and other regulatory matters.
3. Georgia State Board of Workers' Compensation:
   • The Georgia Workers' Compensation Board oversees the state's workers' compensation system. It handles disputes between employees and employers regarding work-related injuries and benefits.
4. Georgia Department of Labor (DOL):
   • The Georgia Department of Labor administers and enforces labor laws in the state. It may handle cases related to unemployment benefits, workplace safety, and wage and hour disputes.
5. Georgia Department of Revenue (DOR):
   • The Georgia Department of Revenue is responsible for administering state tax laws. Disputes related to taxation may be addressed through administrative processes within the DOR.
6. Georgia Department of Natural Resources (DNR):
   • The Georgia Department of Natural Resources oversees natural resources, including wildlife, parks, and environmental protection. Cases related to environmental regulations may be addressed through administrative processes within the DNR.
7. Georgia Composite Medical Board:
   • The Georgia Composite Medical Board regulates the practice of medicine in the state. It may handle disciplinary actions against medical professionals and other matters related to healthcare.
8. Georgia Board of Regents:
   • The Georgia Board of Regents oversees the state's public universities and colleges. It may handle certain administrative matters related to education policies and institutions.

Federal Court

Federal courts in the United States have limited jurisdiction and hear cases that involve federal law, disputes between parties from different states, and certain types of cases specified in the U.S. Constitution.  Georgia is currently divided into 2 federal districts, the Northern District of Georgia and the Southern District of Georgia.  Here are the main types of cases heard in federal courts:

1. Federal Question Cases:
   • Cases that arise under the U.S. Constitution, federal laws, or treaties fall under federal question jurisdiction. This includes cases involving constitutional issues, violations of federal statutes, or disputes involving federal regulations.
2. Diversity of Citizenship Cases:
   • Federal courts can hear cases based on diversity of citizenship, meaning the parties are from different states or are citizens of a foreign country. The amount in controversy must exceed a statutory threshold (as of my last knowledge update in January 2022, it was $75,000) for the federal court to have jurisdiction.
3. Bankruptcy Cases:
   • Federal bankruptcy courts handle matters related to bankruptcy filings, including Chapter 7 liquidations, Chapter 11 reorganizations, and Chapter 13 debt repayment plans.
4. Admiralty and Maritime Cases:
   • Federal courts have jurisdiction over cases involving admiralty and maritime law, which deals with disputes related to navigable waters, shipping, and maritime commerce.
5. Intellectual Property Cases:
   • Cases involving patents, trademarks, copyrights, and other forms of intellectual property are heard in federal courts. This includes disputes over infringement, licensing, and protection of intellectual property rights.
6. Federal Criminal Cases:
   • Federal courts handle criminal cases involving violations of federal law. This can include offenses such as drug trafficking, immigration violations, white-collar crimes, and offenses occurring on federal property.
7. Civil Rights Cases:
   • Cases involving alleged violations of individuals' civil rights under federal law, such as those protected by the Civil Rights Act of 1964 or the Americans with Disabilities Act (ADA), may be heard in federal court.
8. Antitrust Cases:
   • Federal courts handle cases related to antitrust laws, which are designed to promote fair competition and prevent monopolistic practices.
9. Class Action Lawsuits:
   • Class action lawsuits that meet certain criteria, such as numerosity and commonality of issues, may be filed in federal court. These cases involve a group of individuals with similar claims against a defendant.
10. Environmental Cases:
    • Cases involving violations of federal environmental laws, such as the Clean Air Act or the Clean Water Act, may be heard in federal court.

It's important to note that federal courts are courts of limited jurisdiction, and their authority is derived from the U.S. Constitution and federal statutes. Cases that do not fall within federal jurisdiction are generally heard in state courts (Superior, State, Magistrate, or Administrative).