Georgia Personal Injury Blog

What are the Dram Shop Laws in Georgia?

By Butler Prather LLP on July 3, 2019

Drunk driving is a continuous problem. The National Highway Traffic Safety Administration (NHSTA) says that more than 10,000 people lose their lives each year due to drunk driving crashes. That comes to around 30 people each day. During the latest reporting year in Georgia, there were 368 alcohol-related traffic fatalities. That accounted for nearly 24% of all traffic fatalities that year. Georgia has placed significance on personal responsibility when it comes to determining who is liable to injuries and damages in a drunk driving crash. That is, the person who chose to drink and drive historically got the blame. However,…

Posted in: Personal Injury

Who is Liable for My Child’s High School Sports Injury?

By Butler Prather LLP on July 1, 2019

If you have kids in middle or high school involved in sports, then you know there are risks of injuries. You may have even dealt with a few. However, sometimes high school sports injuries are severe. You need to know if anyone is liable if a serious injury does occur. What are the most common school sports injuries? Many people automatically think of football when they think of sports injuries, but serious injuries can happen in any sports or recreation activity. This includes baseball, basketball, cheerleading, track, lacrosse, and more. With millions of teens participating in high school athletics all…

Posted in: Premises Liability

How to Stay Safe During Night Walks

By Butler Prather LLP on June 27, 2019

Night walks feel great. Walking once it gets dark because of short winter days, or to beat the heat of summer require strategies to be sure to stay safe. Short walks to the car, or long walks for exercise, all need the same precautions. Night Walking Safety Rules Differences between walking after dark and walking in daylight means changing habits to stay safe. Night walking should be on the sidewalk and pathways off the road, not on the street. In order to react quickly to vehicles, night walkers face into traffic to see clearly. Exercising extra caution when crossing streets…

How Bad Is Buzzed Driving?

By Butler Prather LLP on June 25, 2019

The term buzzed driving describes a driver exhibiting signs of impairment from alcohol or opiates while behind the wheel of a vehicle. Referring to impaired driving as buzzed driving tries to reduce the apparent severity of the crime. The National Highway Traffic Safety Administration reports that 2,597 people died in just the month of December (2010), with 775 deaths involving impaired drivers. Buzzed driving, impaired driving, or driving under the influence, all describe drivers who lack the necessary awareness to avoid accidents. The signs of alcohol or opiate impairment vary from person to person. How much alcohol, or drugs, it…

Posted in: Car Accidents

How to Handle a Georgia Hit and Run Accident

By Butler Prather LLP on June 20, 2019

Hit and run refers to a car accident that causes damage and a driver leaves the scene of the accident. That driver leaves without making a report of the incident to authorities or providing their contact information. It does not matter if the driver caused the accident. Everyone involved must remain at the scene until excused by law enforcement, or the direct exchange of information between drivers finishes up. Hit and run victims deal with shock, disbelief and confusion when someone leaves the scene of the accident. Even without injuries, a victim of a hit and run feels violated and…

Posted in: Car Accidents

Can Prior Medical Records Be Used as Evidence in Georgia Accident?

By Butler Prather LLP on June 18, 2019

Insurance companies work hard to minimize the payouts they make on personal injury claims. Once the victim proves they do suffer from a medical problem, the insurance company must find another way to reduce the claim. One of the ways they try to do this is by suggesting a pre-existing condition is the real cause of the accident victim’s current condition. Accident victims often feel like the insurance company does not believe them. The stress from this disbelief adds to their physical and emotional injuries from the accident. However, the insurance company is responsible only to their shareholders, so they…

Posted in: Personal Injury

What Are Georgia’s Uninsured Motorist Laws?

By Butler Prather LLP on June 13, 2019

Georgia does not require uninsured motorist insurance coverage. When a driver is not at fault in an accident with an uninsured vehicle, this insurance provides protection. Therefore, many Georgia drivers carry this additional coverage on their auto insurance policies. Most policies limit the coverage to $25,000 per person and a total of $50,000 for the entire accident. Uninsured Motorists and Underinsured Motorists Uninsured motorists (UM) carry no insurance, or the insurance provider denies coverage because of the circumstances of the accident. Underinsured motorists carry insurance, but the coverage is insufficient to cover the total cost of damages in the accident.…

Posted in: Car Accidents

Is It Necessary to Report a Minor Car Accident?

By Butler Prather LLP on June 11, 2019

Most car accidents are relatively minor. A fender bender resulting in no injuries and no major damage makes drivers wonder whether or not they should even report the accident. The answer simply depends on the situation. The accident’s severity and how well the parties communicate makes a big difference. After the exchange of insurance and contact information between drivers, they decide if they want to involve law enforcement. Law enforcement need not always become involved in a minor accident. State law requires filing accident reports only in certain circumstances, such as when the accident results in death, injury, or over…

Posted in: Car Accidents

How Is Pain and Suffering Calculated?

By Butler Prather LLP on June 6, 2019

Personal injury pain and suffering settlements vary greatly in Georgia, because no monetary cap exists on damages. Each state has its own rules establishing maximum damages for accident victims. The law in Georgia on pain and suffering (OCGA 9-10-184) states: “In the trial of a civil action for personal injuries, counsel shall be allowed to argue the worth or monetary value of pain and suffering to the jury; provided, however, that any such argument shall conform to the evidence or reasonable deductions from the evidence in the case.” This statute covers a broad range. It allows juries to determine damages…

Posted in: Personal Injury

What It Means When a Hospital Files a Lien in Your Injury Case

By Butler Prather LLP on June 4, 2019

The claimant in a personal injury first seeks medical treatment. Let us assume they do not have health insurance. Next thing he or she knows, a notice of intent to file a hospital lien arrives in the mailbox. This letter has a local attorney’s signature. The return address reads as a big law office or a huge collections company. Most People Find This Stressful, Especially on Top of Their Recent Injury This is standard procedure for most every hospital in Georgia. The medical facility knows that without health insurance the chances of collecting from the patient are slim. This way…

Posted in: Personal Injury

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