Ponton Law Blog
If you’ve ever asked the question “Do I need a Car Accident Attorney near me?” it’s good to know at a minimum it is best to have a car accident attorney who is licensed to practice in the state where the accident took place. However, our experience has shown that it is also better to hire a car accident attorney near where you physically live or work. Here are a couple of reasons why: (1) Knowledge of local medical providers. After you are involved in a car accident, you will meet with your attorney (hopefully not an “intake specialist” who isn’t even an attorney). Many attorneys have relationships with various medical providers and can point you in the right direction, but more importantly can tell you who to stay away from. There are certain doctors who have never seen a car accident cause a herniated disc in the back. There are also certain doctors who say that every car accident causes a herniated disc in the back! All things being considered, you would prefer someone who is in the middle and calls balls and strikes. We can generally steer you away from doctors at both ends of the spectrum in the Metro Atlanta area. Choose..
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 the person serving the alcohol knew that the individual would be driving. Ideally, you would have evidence that the person who was intoxicated told the bartender that he was driving home. In practice, this rarel..
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: (1) additional chiropractic or physical therapy modalities; (2) additional facet or epidural injections, and (3) 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 a matter of law you can’t assert the claim. If your doctor says that he “thinks that further procedures are indicated” that will not qualify as a reaso..
Even a minor slip and fall can significantly impact your health and financial status. Unfortunately, the negligence of a property owner is often the cause of a slip and fall incident. If you suffer injuries from a slip and fall on another person’s property, you can file a premises liability lawsuit. In such a case, you’d seek to hold the premise owner accountable and to recover the appropriate compensation. What to Do After a Slip and Fall Happens According to the National Floor Safety Institute, slips and falls account for more than one million hospital emergency room visits. Such incidents usually happen in public places, including offices, stores and restaurants. When a slip and fall occurs, you must notify the property management or security personal immediately. That will allow them to file an accident report. Additionally, you should seek immediate medical attention even if your injuries seem minor...
If you witness a fender bender, there are several things you can do. The law doesn’t mandate you to take any prompt action, but it may save a life or secure a claim. Given that you want to help, you must do so safely. Below are some guidelines for what to do if you witness a fender bender. If you feel the need to consult an Atlanta Car Accident Lawyer, the team at Ponton law can help you. Contact us for a free initial consultation. 1.Don’t Put Yourself at Risk If you stop to offer assistance, don’t make a bad situation worse by risking your life. It’s natural to want to save the day when the adrenaline rush kicks in. But, try to maintain a cool head and avoid doing anything that could put you in danger. Given that the situation is dangerous, please keep off. 2.Pull Over and Park Your Vehicle Out of the Way Depending on the severity of the collision, you can expect some emergency vehicles to come to the scene i..
If you have been involved in an auto accident, your first priority should be your health. You should seek medical care before you do anything else. Unfortunately, everything that follows after that, i.e., paying your medical bills, may become a bit complicated. If you are wondering, does health insurance cover car accident injuries? Read on for more information. The exact responsibility a specific party or insurance provider carries depends on several factors, such as: Presence of a deductible Co-pay on the policy Who was at fault for the auto accident? The types of auto insurance coverage in play Ultimatel..
Auto accidents can bring devastating consequences to the involved parties. The types of car accident injuries that require surgery are numerous. Such surgeries can be extensive, and the victim might require long-term medical treatment. That can bring emotional, physical and monetary strain on both the injured individual and his or her family. Common Car Accident Injuries That Require Surgery Most injuries sustained in a car crash can be treated easily through rehabilitation or bracing exercises. But, other types of injuries might need surgical procedures to repair. The following are some of the common injuries that usually need surgical intervention after an auto collision. 1. Knee Injury Many auto accidents, particularly head-on collisions usually result in knee injuries. For instance, the front of a car might crush or collapse into the legs of the driver or passenger resulting in severe trauma. The human knee is a very c..
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 innocent, but be partially at fault. That’s why many road accident cases involve legal procedures, like modified comparative, to try to apportion damages where multiple people are..
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. 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 in different categories i.e., invitees, licensees, and trespassers. When pursuing a damage claim, your best cha..
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. 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 details To know more about how to pursue compensation after a slip and fall parking lot injury, contact Ponton Law. 1. Who’s Responsible for The Condition of the Parking Lot? Following the slip and fall incident, your lawyer will start by looking into who’s responsible for maintaining the parking lot. Is the lot public property or is it o..