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Dram Shop Liability, Ponton Law

Dram Shop Liability

By | Car Accident

I was hit by a drunk driver, can I file a claim and sue the bar that overserved him?  In the right circumstances, yes.  These cases are what Georgia refers to as “Dram Shop” cases.  Ponton Law has handled a number of these cases. Georgia Dram Shop liability is found in OCGA 51-1-40.  In a nutshell, the statute protects people who sell alcohol from being legally responsible unless: The individual sells, furnishes, or serves alcohol to a minor with knowledge that they would soon be driving a motor vehicle, or owing that such person will soon be driving a motor vehicle.  These cases always focus on showing that the individual was intoxicated and that he would soon be driving a vehicle.   Just because he was served 10 beers at a bar does not mean that you will be able to make a claim. You also need to show that…

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Ponton Law, Recovery of Future Medical bills in Car Accident Cases

Recovery of Future Medical bills in Car Accident Cases

By | Car Accident

Can I recover for future medical bills in my Car Accident Case? Here is one that pops up fairly regularly.    You may be nearing the end of your treatment, and the doctor has made some recommendations about some additional treatment you may need after you are discharged from his care.   These recommendations most often occur for: additional chiropractic or physical therapy modalities additional facet or epidural injections additional surgical procedures How does that work, and will you get credit for the future medical treatment that has been recommended?    Georgia does allow for the recovery of future medical expenses.  Generally speaking, this means that that the future medical expenses need to be proven with a reasonable degree of medical certainty.  There is no guessing and speculation permitted. If your doctor says that the likelihood of you needing a future procedure from your car accident case is “50/50” then as…

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Should I Get a Lawyer for a Car Accident That Wasn’t My Fault?

By | Car Accident

Car accidents are without a doubt a trying experience and no one wants to go through that. However, life is not fair. Nothing’s obvious about the outcome of a car wreck case. So, if you’re wondering, “Should I get a lawyer for a car accident that wasn’t my fault?” Yes, you certainly should, and here’s why: 1.      The At-Fault Driver Can Deny Causing the Collision Not all people are honest enough to admit they caused a car accident even when they’re clearly at fault. You cannot force somebody to claim responsibility, so the best cause of action is to hire an Atlanta car accident lawyer. If you’re not to blame, only an experienced attorney can help prove your innocence if the other party denies their wrongdoing.  2.      You Might Have Partial Responsibility In most cases, car accidents are caused by multiple parties. You might think you’re…

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What You Need to Prove to Win a Slip and Fall Injury Claim

By | Slip and Fall

Undoubtedly, accidents and injuries can still happen even in areas where you feel safe. It’s not unusual for people to slip and fall in public places, which can result in back, neck or brain injuries. If you’re a victim of a slip and fall accident, you might be entitled to make a claim to receive compensation. In a slip and fall lawsuit process, there are certain things you need to prove to win a claim, such as Liability Negligence Responsibility or Fault Read on to know more. 1.      Liability You must prove that the defendant has a duty of care, but was negligent in performing their role. Everyone has the responsibility to exercise care when they’re conducting an activity that might potentially harm another person. The owner of the premises has various levels of duty of care towards people who enter their property. Entrants to the premises fall…

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Slip and Fall Parking Lot Injuries: Can You Sue?

By | Slip and Fall

A slip and fall accident can occur at any time and can result in severe injuries. For instance, if you tried to catch yourself, you might be dealing with a broken arm. If you fell sideways, you might have a broken hip. Such types of injuries can mean significant medical bills and time off work. However, you might be able to receive compensation for the damages if another person is liable for the accident. When determining liability, there are certain considerations that must be taken into account, including: Who has a duty to care for the parking lot? Who was responsible for the accident? Could the accident have been prevented? If you happen to slip in a parking lot, an Atlanta Slip and Fall attorney can help you determine if you can sue. They’ll do so by asking you several questions, including what caused the accident. Read on for more…

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Common Types of Late Appearing Car Accident Injuries

By | Articles

Immediately after a car crash, victims generally have an idea of the injuries they sustained. That could lead them to settle their claim fast, in hopes of getting compensation, so they can move on with their lives. However, some injuries resulting from a car accident do not reveal themselves until a few weeks or months later. That couldpotentially delay healing and hit one with unexpected medical expenses. The person might have to miss some time from work. Moreover, if the victim had already settled their case, they might be limited in pursuing extra compensation to cover the new expenses. They’ll usually be unable to recover compensation for the additional medical costs or lost earnings.   Some lingering injuries can include: Head or brain injury Neck or spine injury Internal injury Here are the most common types of late-appearing car accident injuries: 1.      Concussion At times, the collision’s impact…

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