FREQUENTLY ASKED QUESTIONS

CAR ACCIDENTS

WHAT TO DO IF INJURED IN A CAR WRECK? FOLLOW THESE EIGHT EASY STEPS

Call 911. Check for injuries and report the collision.

Stay at the scene. Remain at the scene until the police arrive.

Request that an accident report be written. Request this, even if the collision was minor.

Seek medical attention. Seek medical attention immediately, even if you do not think your injuries are serious.

Record the scene. Take pictures of the scene, vehicles, and injuries. Have a friend or family member do this if you are not physically able to do so because of your injuries.

Gather information. Obtain the contact information for the people involved in the collision, as well as any witnesses. Also obtain license plate information, insurance information, and the name and badge number of the investigating officer.

Notify your insurance company. Your insurance policy requires that you notify them as soon as possible after the collision.

Call me to discuss your rights prior to talking to the insurance company(s). It costs you nothing to discuss your legal rights with me, but not calling me or consulting with a qualified personal injury attorney could cost you your injury claim. The insurance company has highly skilled and trained employees to help it reduce or deny your claim. Call me to protect your rights. The consultation is free.

RECOMMENDATIONS AFTER A DOG BITE

IDENTIFY THE DOG

The most important first step you can take after a dog bite is to identify the dog. Find out who owns the dog or where the animal lives. If the dog is a stray and you cannot identify it, you may be forced to undergo a series of rabies shots, which are expensive and painful.

SEEK MEDICAL CARE

Depending upon the severity of the bite, contact first responders (9-1-1) for medical attention or have someone drive you to emergency care. Always seek medical care after a dog bite. The risk of infection from a dog bite is far too great to ignore.

FILE BITE REPORT

After you’ve been medically treated — even if the injury was minor — file a bite report with your city or county animal control or Sheriff’s department. This legally documents your case and provides help to the next victim who may be harmed by the same dog. Without a paper trail, authorities cannot enforce effectively.

GATHER INFORMATION

To protect your future rights as a victim, obtain the name and address of the dog owner, in addition to the dog license information. Find out if the dog has a record as well. Has the dog bitten a person or dog prior to biting you? Has the dog been labeled “potentially dangerous” or “dangerous?”

PHOTOGRAPH INJURIES

Take photos of your injury, even if you need to unwrap gauze. Confer with a doctor or nurse as needed. They will tell you a safe manner in which to do so. It is recommended that you photograph all of your wounds, including bruises, as well as torn, bloody clothing and the location of the attack.

CONTACT ATTORNEY

Contact a dog bite attorney now — not later. The issues surrounding dog bites are complex and difficult to navigate through. Your dog bite lawyer (or personal injury lawyer) is the only person besides the doctor that treats your wounds who will look after your best interest from this point forward.

TIPS FOR WHAT TO DO AFTER A BAD CASE OF FOOD POISONING

GET MEDICAL ATTENTION

If you suspect food poisoning, it’s probably wise to see a doctor. Some types of food poisoning are apparent immediately, while others may take a day or two before symptoms emerge. Either way, a doctor’s diagnosis — confirmed by stool samples or other tests — can help prove that foodborne contamination made you sick. Also, hang on to your bills for possible reimbursement of medical expenses.

FIGURE OUT WHICH FOOD MADE YOU SICK

In addition to proving that foodborne contamination made you sick, you must generally also prove the food you ate was actually contaminated. This can be simple: Perhaps a public health official found a link between your illness and something specific you ate. Or it can be more complicated: You may need to submit leftover food scraps for scientific testing.
If the likely source of contamination has been consumed or discarded, try to find the bag, can, or container that the food came in. You may also want to dig up a receipt to show you purchased the item in question.

CONSULT A LAWYER

An experienced attorney at Jonathan R. Brockman P.C. can consider all aspects of your case, and advise you on what you need to do to win a food poisoning claim. We will also know how much time you have to file your claim, and whether a class action may be appropriate in your particular food-poisoning case.

FOREIGN OBJECTS

WHAT CAN HELP IF YOU HAVE BEEN INJURED BY A FOREIGN OBJECT?

  • If you have been injured by a foreign object in your food there are certain things you can do to help your lawsuit:

• If possible, keep the object that actually caused you injury.

• Proof or witnesses that can verify that the food was prepared by the other party, such as a restaurant, caterer or manufacturer, and was not tampered with by anyone else.

• Medical and dental records that show the injury was not present before the incident.

If you’ve suffered food poisoning or been injured due a foreign object in food, make the best choice you can and call our office now or request a free case consultation.

Premises Liability (slip and fall)

Q: What is premises liability?

A: Premises liability is an area of the law which provides legal guidelines for property owners regarding their duties in keeping their premises safe and accommodating for residents and visitors. When property owners, managers, and landlords neglect these duties and their property has dangerous conditions present, they can be held liable for any injuries sustained by people on their property.

Q: What damages am I able to recover in a premises liability lawsuit?

A: The injuries suffered in a premises liability lawsuit, especially ones involving slip and fall accidents, can be extremely serious. From brain trauma to broken bones, this type of accident can alter the course of your life forever. When you have sustained these injuries because of dangerous conditions or neglectful actions on another person’s property, you may be entitled to compensation to cover:

• Pain and suffering

• Rehabilitative therapy

• Mental anguish

• Past and future medical bills

• Lost wages

Q: How do I report a slip and fall accident?

A: Depending on the location of where your injury occurs, you should attempt to file an accident report with the property owner or store manager. Many larger chains of retail establishments, hotels, and restaurants will have this type of form on hand for you to complete. When filling out an accident report, keep the information as brief as possible and stick to the facts. Before signing any documents or statements regarding your injuries, always obtain your attorney’s advice first.

Q: What are the most common causes of slip and fall accidents?

A: There are a variety of factors that can lead to slip and fall accidents. Most commonly people fall on wet or uneven surfaces caused by loose floorboards, slippery floors that lack warning signage, potholes, and defective walkways and staircases. Slip and fall accidents also result from improper work training, poor weather conditions, and nursing home neglect and abuse.

Q: If I am injured in a slip and fall accident on someone else’s property, am I automatically entitled to compensation?

A: One of the biggest misconceptions about premises liability is that injured persons are automatically entitled to compensation for their injuries and suffering if they are hurt through a slip and fall accident on someone else’s property. In order to obtain damages for your injuries, however, you must first prove that the property owner’s negligence directly resulted in the condition that led to the injury. Working with an experienced attorney can help you establish fault in your case, and determine if you are eligible for compensation.

Medical Malpractice

Q: What is medical malpractice?

A: Medical malpractice occurs when a doctor, surgeon, or other healthcare provider fails to provide an acceptable level of medical care which results in the injury, disability, or death of a patient.

Q: What are the most common types of medical malpractice lawsuits?

A: Medical errors are a frequent occurrence in health facilities including urgent care centers and hospitals. Mistakes made by medical staff on every level, from floor staff to surgeons, can severely injure a patient and cause lifelong effects. Victims of these type of incidents often file medical malpractice lawsuits for:

• Surgical errors

• Prescription errors

• Misdiagnosis

• Misreading of test results (X-rays, CT scans, etc.)

• Failure to respond to patient’s symptoms

• Negligent handling of patient’s records

Q: What does informed consent mean?

A: Before any type of medical procedure, a doctor is required to inform patients about the potential side effects or dangers associated with the procedure or medications that will be administered. This is known as informed consent and prepares patients for all possible consequences of the procedure. When a doctor fails to provide informed consent, the patient is often eligible to file for medical malpractice.

Q: How long do I have to file a medical malpractice lawsuit?

A: Every state has a different time frame for persons seeking to file personal injury claims, and this is known as a statute of limitations. In Georgia, medical malpractice and other personal injury claims must be filed within two years, following the incident and injury.

Q: What should I do if the hospital or health care facility denies liability?

A: It is never a good idea to challenge a hospital directly, as anything you say can be used as evidence against you. If you believe you have a medical malpractice claim, it is best to hire an experienced personal injury attorney who can negotiate and advocate on your behalf.

Nursing Home Abuse

Q: What are the signs of nursing home abuse?

A: Nursing home abuse or neglect occurs when a caregiver fails to provide the necessary services and supervision to maintain the physical and emotional health of an elderly or disabled adult. Signs of nursing home abuse can include:

• Failure to receive medication or over-medication

• Unexplained injuries or sudden onset of illness

• Malnutrition and/or dehydration

• Depression

• Poor hygiene

• Sudden weight loss

• Burns, bruises, and scars

• Unexpected death

Q: Who is eligible to file a nursing home abuse lawsuit?

A: The resident who suffers the nursing home abuse or a member of his/her family is eligible to sue the establishment for abuse and neglect. Depending on the mental state and abilities of the resident, the family may be most suited to act on his/her behalf.

Q: What should I do if I suspect my loved one is suffering from nursing home abuse?

A: If you believe that your loved one is suffering from abuse and neglect on the part of his/her caretakers in a nursing home or other health facility, it is imperative to speak to a qualified personal injury attorney right away. Nursing home abuse cases are complex and without the proper legal representation, you and your loved one may fail to obtain the compensation you deserve.

Q: Is nursing home abuse a common problem? Why does it occur?

A: Unfortunately, nursing home abuse has become a fairly common problem with 21,000 complaints arising per year, according to the National Center for Elder Abuse. Nursing home abuse typically results as a failure on the nursing home’s part to hire and properly train qualified nursing staff and caregivers, in an attempt to save money.

Q: Should I remove my loved one from the nursing facility while we are pursuing a lawsuit?

A: While it is always important to consult with your attorney before making this decision, generally, it is best to remove your loved one from the facility where the abuse is occurring. This will protect your loved one from retribution imposed by the staff of the facility, and give your case more credibility by not allowing your loved one to live under those conditions.

Product Liability

Q: What is a product liability claim?

A: If you use a product that causes you injuries or to suffer any kind of damages, you may be eligible to file a product liability claim to seek compensation for your medical bills and emotional trauma. An example would be an electric blanket which shocks you.

Q: Why should I file a product liability claim?

A: A product liability case is hard won in court, and must prove without a doubt that the product in question was in fact defective, and caused you substantial personal injury. If you have suffered emotional and physical trauma from using a defective product, there are two good reasons to file a product liability claim. First, you deserve compensation for your injuries and medical bills. Second, the company or persons responsible for the defective product need to be held accountable and make changes to the product, so that someone else isn’t injured in the future.

Q: What are the ways a product can be considered defective for a product liability lawsuit?

A: The state of Georgia recognizes three different types of defective products in a product liability lawsuit. These include products that are defective because of a flaw in their design, a flaw in their manufacturing, or those which lack warning labels or instructions.

Q: Who is liable for the defective product which caused an injury?

A: In a product liability case, the designers, manufacturers, wholesalers, and sellers of a product can be held liable when the product is defective, poses unreasonable danger, and it causes an injury to the user. An experienced personal injury attorney can review your case and determine which party is liable for your injuries.

Q: Do I need to have the defective product in my possession to file a lawsuit?

A: While there is no absolute legal requirement to produce the defective product during your case, it is much harder to reach a successful outcome, when the product is not available. For this reason, you should make every effort to obtain, store, and preserve the defective product in the same condition (or as close as possible) to the state it was in at the time of the injury.

Atlanta Injury Lawyer