Georgia Injury Lawyer Blog

If anyone has a claim against the State of Georgia for personal injuries caused by a state employee’s negligence, notice must be given in writing, mailed by certified mail return receipt requested, to the Risk Management Division of the Department of Administrative Services. This is set forth in O.C.G.A. § 50-21-26(a)(2). Additionally, a copy shall be delivered personally to or mailed by First Class Mail to the State government entity involved. Content of the notice is governed by O.C.G.A. § 50-21-26(a)(5). As a general proposition, such an Ante-Litem Notice must state the extent of the claimant’s knowledge of the circumstances including the name of the government entity, the act or omission involved, the time and place of the alleged negligent act, the nature of the loss suffered, the amount of the loss claimed and the acts or omissions which caused the loss.

As can be seen, Ante-Litem Notices against the State are governed by statute and if these statutes are not closely observed, a claim against a State government agency or employee can be lost altogether. While such claims must be given with in twelve (12) months from the date of the date the loss was discovered or should have been discovered, even if an attempt is made to file a pre-suit notice of loss within twelve (12) months, if the form is not sent in the correct way to the correct individuals, the claim can be time barred. Accordingly, once again, we urge all claimants who may have potential claims against a State government agency or employee to confer with counsel just as soon as possible so as to protect their interests.

Under Georgia law, a person injured by the act or omission of a state, local or county government agency must file a written pre-suit notification of intent to file a claim before a lawsuit can subsequently be filed. These are known as “Ante-Litem” provisions. Under the State Tort Claims Act, for example, an Ante-Litem Notice must be filed within twelve (12) months from the date the loss was discovered or should have been discovered. Any person with a claim against the county must present that claim within twelve (12) months of the occurrence, however, claims against municipalities must be presented within six (6) months of the happening of the incident upon which the claim is based. Whether the claim is brought under the State Tort Claims Act ,against a county or a municipality, there are also provisions under the law which specify who must be served with the notice and what information must be contained within the Notice. Many cases have been dismissed for failure to file these notices in a timely manner and/or failing to provide the government agency with sufficient information to review the claim on an administrative basis.

Any individual who claims to have been injured by the acts of a government agency should confer with counsel immediately before their claims are time barred for failure to file the required pre-suit notification, the Ante-Litem Notice. If an injured individual does not timely file an Ante-Litem Notice, their claim may be barred by the statute of limitations. Accordingly, anyone with a potential claim should confer with counsel immediately.

Our Atlanta medical malpractice lawyers have written in the past about the unfairness of damage caps in medical malpractice cases and how they penalize the most severly injured innocent victims of medical malpractice.

Currently before the Georgia Supreme Court is the issue of the constitutionality of the $350,000.00 cap on non-economic damages enacted by the legislature in 2005. A decision is expected any day.

The attorneys who prosecuted that case have prepared a video which explains and details the terrible injuries suffered by their client. While the content is extremely disturbing and may upset some, we recommend that all citizens of this state view the video, so that they may be truthfully educated about the horrors of medical malpractice and the unfairness of caps on damages.

The link is as follows:
http://vimeo.com/9943651

Oftentimes we are asked by clients who have claims against government entities and/or employees to represent their interests in personal injury cases. Regrettably, due to the antiquated and harsh doctrine of sovereign immunity (for legal claims), this many times proves to be a difficult undertaking. Simply stated, sovereign immunity protects many government agencies and employees from lawsuits involving personal injuries. Thankfully, there are some exceptions to the rule, most notably when there is another statute that waives the immunity from suit.

With respect to county immunity, the Georgia Code states that county governments are entitled to sovereign immunity unless liability is imposed upon them by law. See O.C.G.A. § 36-1-4. The only statute that imposes liability upon counties by operation of law is O.C.G.A. § 33-24-51, which allows a waiver of sovereign immunity when a county purchases liability insurance for the negligent use or operation of a government owned motor vehicle. The law used to be that if a government employee ran over someone or ran a stop sign and caused serious personal injuries nothing could be done because of the doctrine of sovereign immunity. As stated, there is now a statute that waives county government immunity in situations involving vehicles. However, if a county employee or agent hurts another person due to a difficult type of negligent act and there is no waiver of sovereign immunity, then there may not be any means of recovery for the innocent victim of the governmental negligence.
Because cases involving sovereign immunity are always factually unique, they require unique legal analysis as well. An ante-litem notice is required for virtually all claims against governmental agencies so anyone with a claim against a county, municipality or state government agency or employee should confer with counsel immediately to preserve their rights. Whether the doctrine of sovereign immunity can be overcome again will be a question of both facts and law, but the sooner the analysis begins, the better, because otherwise claims can be barred altogether for failure to file timely pre-suit notifications with the government agency involved.

Deadly bus crashes are becoming too common on the roadways of Georgia and across the United States. Our attorneys have successfully handled many of these cases, including the well-known Bluffton bus crash in Atlanta several years ago.

A recent deadly bus crash in Arizona has brought to light the illegal practice of bus companies operating without federal and state approval, thus allowing them to avoid strict safety guidelines.
The bus entered the United States from Mexico at El Paso, Texas on March 5, 2010. It was headed to Phoenix to change drivers when it hit a pickup truck, veered onto the left shoulder of the road and rolled on Interstate 10 on the Gila River Indian Reservation. The impact crushed the roof and knocked out the windows.

Six passengers were killed and more than a dozen passengers remained hospitalized over the weekend.

A federal judge has ordered the bus company involved in the Arizona crash that killed six people and injured more than a dozen others to cease interstate operations. The order was issued against the bus company Tierra Santa Inc. and its owner, Cayetano Martinez. Martinez had already signed a consent decree prohibiting him or any affiliated company from hauling passengers without U.S. Department of Transportation authority, which is required to take passengers from one state to another.

The Federal Motor Carrier Safety Administration had demanded that Tierra Santa stop operating the day of the crash and the judge's order makes the shutdown enforceable by the court.
A federal complaint is expected to be filed against the company which alleges that the motor carrier administration previously shut down Martinez, who then attempted to reestablish himself as a new carrier that unsuccessfully sought Department of Transportation operating authority.

Tierra Santa applied last April for operating authority to haul passengers across state lines. The Department of Transportation notified the company that it could not conduct interstate transportation during the review. When the agency sought more information for the application, the company never responded.

General Motors Co. Is recalling 1.3 million Chevrolet and Pontiac compacts cars to repair or replace steering motors which can fail causing the vehicle to be difficult to steer at lower speeds. While this may not be an insurmountable problem for some drivers, the Georgia injury lawyers recognize that it may be a serious problem for older or elderly drivers who may surprised by the loss of the power steering and be physically unable to steer the vehicle. Under those circumstances a power steering failure could cause an automobile accident with devastating consequences.

According to an article published by the Associated Press today, General Motors told the National Highway Traffic Safety Administration about the recall on Monday. NHTSA began an investigation into 905,000 of the models on January 27th after getting 1,100 complaints that the cars lost their power steering. The complaints included 14 crashes and one injury.

If you or a loved one have been injured in an automobile accident involving a recalled vehicle, contact the Georgia injury lawyers at Finch McCranie, LLP .Our firm has been representing injured victims in products liability claims for over 45 years.

As is usually the case with truck accidents, bus accidents on Georgia roads and highways many times result in serious injury and sometimes death for passengers. The sheer size and weight of theses vehicles make them inherently more dangerous than lighter vehicles.

Just this week, the NY Daily News reported on a bus accident. They reported that the New York City Transit has been ordered by a jury to pay two women a total of $7.5 million in damages after finding that the bus ran a red light and careened into the women’s car seriously injuring both. Interestingly, the bus company could have settled the case prior to trial for $3 million dollars but chose to take their chances with the jury.

If you or a loved one have been seriously injured as a result of being involved in an automobile accident, a truck accident or a bus accident, call the Georgia injury lawyers at Finch McCranie, LLP to discuss your rights. We have been representing clients in personal injury and wrongful death cases for over 45 years.

Insulin pump failures and defects are a serious and potentially deadly problem.The Food and Drug Administration announced last week that it has seen an increasing number of hardware and software problems with insulin pumps, tiny devices worn by thousands of diabetics to deliver insulin.
The FDA noted that critical insulin pump problems seem to exist across manufacturers. There have been 18 recalls of devices over a five-year period, including recalls by a Roche Holding AG unit and Medtronic.

The FDA is convening an advisory panel of outside medical experts to discuss what actions might be taken to minimize risks associated with the devices in these recall situations
Insulin pumps are primarily used by people with Type I diabetes, a condition in which the pancreas produces little or no insulin, a hormone needed to help the body properly use sugars from foods. People with Type 1 diabetes need to administer insulin daily whether through a pump or other methods like shots.

The more common form of diabetes, Type 2, which is often associated with obesity and typically develops later in life, is managed with oral medications designed to help the body properly use insulin, although some cases do require insulin.

The FDA said the number of Type I diabetics using insulin pumps has increased, with about 375,000 U.S. users in 2007, up from about 130,000 in 2002.

Manufacturers are required to report problems potentially associated with devices to the FDA. The FDA conducted a review of insulin pump-related adverse-event reports and found nearly 17,000 reports from Oct. 1, 2006, through Sept. 30, 2009. The reports don't necessarily mean a device caused a problem but serve as a signal for more investigation. Even if a device is functioning properly patients can inadvertently misuse the device. Of the reports, about 12,000 reported a patient injury (such as problems with blood glucose levels) and 310 deaths.

The agency said the information provided by manufacturers involving deaths "was typically incomplete." The agency said in 225 of the deaths reported the device problem was listed as "unknown," although in many cases the device was never returned to the manufacturer for additional follow-up.

However, in 41 death reports, a device problem wasn't identified but the circumstances involving the death involved diabetic coma and problems associated with blood-sugar levels being too high or too low, suggesting the device may not have been working properly.

Food products are prohibited by federal law and regulations from containing misleading or false claims on packaging or in advertising. The enforcement of these laws has been lax in the past eight years or so.

Now, under the Obama administration, a pattern of more rigorous regulatory action is evolving, particularly at the Federal Trade Commission and the FDA.

In a recent crackdown on false and misleading claims on food packages, the Food and Drug Administration has sent warning letters to 17 producers for making what it alleges are misleading statements about nutrition and health benefits.

The warning letters apply to 22 products and challenge labeling language on such issues as fat content, nutrient standards and the purported ability of a particular food to prevent medical problems. The increased enforcement was applauded by the Center for Science in the Public Interest, the nonprofit advocacy group which recently released a report documenting purported labeling abuses.

Among the targets of the FDA action was a label for Mrs. Smith's Coconut Custard Pie, produced by Schwan's Consumer Brands North America of Bloomington, Minn. It advertised that the pie contained no trans fat, but did not disclose that it contained significant levels of saturated fat and total fat.

Diamond Food of Stockton was cited for making claims that its shelled walnuts warded off maladies such as arthritis, cancer and heart disease.

The agency also issued an industrywide challenge to upgrade the quality of nutrition labeling. FDA Commissioner Margaret Hamburg released a "Dear Industry" letter in which she invited food producers to collaborate on improving nutrition information, particularly on the front of food labels, where consumers are most likely to see it.

Bus accidents on Georgia roads and highways many times result in serious injury and sometimes death for passengers. Many people do not realize that under Georgia law, common carriers such as bus companies and airlines owe their passengers the duty to exercise extraordinary care in the operation of the bus or airplane which is a higher legal duty than is normally owed. Specifically, the Official Code of Georgia Annotated §46-9-1 provides as follows:
“Carriers as such are bound to exercise ordinary diligence. Common carriers as such are bound to use extraordinary diligence, and in cases of loss the presumption of law is against them, and no excuse avails them unless the loss was occasioned by the act of God or the public enemies of the state.”
If you or a loved one have been seriously injured in a bus accident, as a passenger on a bus or any other common carrier, call the Georgia injury lawyers at Finch McCranie, LLP to discuss your rights. We have been representing clients in personal injury and wrongful death cases for over 45 years.

The issue of tort reform has been embraced by many health care reform opponents as being necessary to bring down medical costs in the United States. This mantra is constantly repeated even though all unbiased studies show that the cost of medical malpractice is only a small fraction of the health care costs in the United States and that capping damages to severely injured people does little, if anything, to lower insurance costs for doctors or stop inflation of medical costs. Yet, the proponents of this so called tort reform constantly repeat this falsehood even though over 98,000 innocent people die every year in this country alone due to medical errors.

This week CNN covered a story that everyone concerned about high medical costs should view. Their reporters uncovered massive overbillings by hospitals. These outrageous billings included $1,000 for a common toothbrush. You can go to your pharmacy and buy 100 Tylenol pills for $10, yet one hospital billed $140 for a single pill. An alcohol prep pad, a piece of gauze, was billed at $44.00 by a hospital when the retail cost at a pharmacy is 23 cents. In another example a hospital billed an emergency room patient for 41 bags of IV fluid during a 2 hour visit. This of course is impossible.

Our own lawyers can tell similar stories. We had one client who was severely injured in an automobile accident and pronounced dead upon arrival at the hospital. Yet, when reviewing the bill we discovered a $25 dollar charge for a “mouthcare kit” which consisted of a plastic cup, a toothbrush, and mouthwash. Also charged for this patient who was dead upon arrival was $45 for a pillow.

These are just a few of the overbillings we have seen. In fact, CNN reported that health insurance companies rarely review hospital bills unless they are in excess of $100,00.00.

If the proponents of tort reform really want to lower healthcare costs these outrageous charges might be a good place to start.

Georgia injury lawyers know that an innocent guest passenger can sued a host driver for serious personal injuries caused by the negligence of the host driver. Likewise, the family of a deceased guest passenger can sue a host driver for the wrongful death of their loved one if the host driver was responsible for the death.

Just last week, a Georgia truck accident involving alcohol resulted in death for one passenger and serious injuries to five others in the truck. The truck accident occurred before 3 a.m. on Friday in the northbound lanes of Interstate 75 near Macon, Georgia. Investigators say that the truck involved, left the roadway and went over a guardrail before crashing. Shannon Hendricks, 29 years old was pronounced dead at the scene of the accident. According to an article in the Macon Telegraph, none of the victims were wearing seatbelts and investigators are still trying to determine which one of the individuals was operating the truck at the time of the deadly accident.

If you have been seriously injured in an automobile accident or truck accident, call the Georgia injury lawyers at Finch McCranie, LLP to discuss your rights. We have been representing clients in personal injury and wrongful death cases for over 45 years.