Ponton Law Blog
The General Approach When it comes to paying medical bills in a personal injury case, a car accident, for instance, your options differ greatly depending on particulars and type of the accident. The general approach is that you would pay the bills by yourself, through a program like Medicare or through private health insurance. You would later seek reimbursement with the third-party through a lawsuit. So here are a few things to take note of: Medical Expenses Medical bills and expenses are a common category of damages in personal injury cases and are usually settled by whoever caused the injury. Accident victims who lack medical insurance or may be unable to work after the accident need options that will allow them to receive sufficient medical attention especially when the case is still pending in court. In a personal injury lawsuit, medical expense settlements can raise interesting questions, like when a health insurance company has already covered the medical bills. Would mean th..
In the state of Georgia, road accidents are unfortunately common, and they are a leading cause of injuries and deaths for young kids aged 1-12 years. Failing to incorporate car seats or using them improperly is a huge contributor to this issue. The National Highway Traffic Safety Administration reports that 4/10 children under 6 years, who are injured or die in car accidents were unrestrained or not incorrectly restrained. If you need to file a lawsuit due to a car accident, you should consult a Georgia car accident lawyer. The Age and Weight for Using a Car Seat Georgia car seat laws stipulate that children aged 8 years and below should sit in a car seat or a booster seat that compliments their age and height. The kids need to be in the backseat to protect them from the force of an airbag. However, if the vehicle does not have a back seat (e.g. in the case of a truck) or if there are other restrained children in the back seat, the law allows a child under 8 years of age to ride in the front if he/she is restr..
This is a question we are asked often, because it is a fairly common injury. I recently asked the members of a jury pool in Gwinnett County how many people had a close family member or friend who had a torn rotator cuff and 8 hands went up out of 36. Of the 36, 1 previously had a full tear and 1 previously had a partial tear. It is certainly helpful when you have an injury that many folks can relate to, especially when it comes to permanent restrictions and limitations. The folks on that jury and the many clients I have represented who have suffered similar injuries, will tell you that even after surgery and physical therapy they still have trouble with everyday activities, like reaching for a cup on the top shelf of a cabinet or changing a lightbulb, without enduring some level of pain. The value of a torn rotator cuff depends upon the type of case (individual v. individual, individual v. corporation, or individual v. truck company), the venue (Dekalb or Clayton, favorable venues for Plaintiffs, Cobb or Fayette County, favorable venues for Defendants), the type of injury (partial tear v. full-thickness tear), the mechanism of the injury itself, the amount of medical bills and what level of physical recovery the person has achieved. Of course, there are more variables to consider, but these are the an..
What Qualifies as a Commercial Motor Vehicle in Georgia? One of the first things that our team looks at when we are investigating a trucking accident is whether the vehicle qualifies as a “commercial motor vehicle.” Many times the at fault vehicle is not aware that the operator should have a CDL and be registered with the DOT. For example, in Georgia, you must have a CDL to operate: Any Single Vehicle With a Gross Vehicle Weight Rating (GVWR) of 26,001 pounds or more. The GVWR of the vehicle is attached on a sticker, usually with the VIN number of the vehicle, typically found on the driver’s side door. If the vehicle is rated for 26,001 pounds or more, then registration with the DOT is required. Any size vehicle which requires hazardous material placards or is carrying material listed as a select agent or toxin. This is something that comes up infrequently. We have done two cases involving the transportation of hazardous materials, and both times the companies had the required placards. A vehicle designed..
Reckless speeders are dangerous to everyone on the road and excessive speeds typically lead to higher fatality rates. Drive defensively and if you are injured by someone who was speeding, let us help you get the compensation you deserve. The Facts Speed-related automobile fatalities are staggeringly high in the United States. In 2015, Georgia saw a significant increase in the number of speed-related vehicle fatalities with nearly 270 deaths attributed to high speeds. The National Highway Traffic Safety Administration (NHTSA) has provided the following disturbing facts: Males under the age of 35 account for the majority of drivers involved in speed-related accidents.Over the past decade approx. 30% of all fatal accidents have been attributed to speeding.In 2014, 41 percent of all speeding drivers in fatal crashes were intoxicated, compared to 17 percent of non-speeding drivers involved in f..
Drug use by any driver is a serious threat to your safety and the safety of your family. When the drug user is driving a multi-ton commercial truck, however, the risks become exponentially greater. Why is drugged driving so dangerous?Impaired drivers pose a risk to everyone. Drug use can impact drivers in many ways. Some drugs will cause a driver to become agitated, take unnecessary risks or drive aggressively. Other drugs may cause the driver to become drowsy or lose the ability to focus properly. Driving impaired limits a driver’s ability to adjust his or her surroundings and delays reaction times. This leads to a greater risk of accidents. One recent study found that “drug use now rivals drunk driving as cause of fatal car crashes.” The study noted that drugs were found in the systems of almost 40 percent of fatally-injured drivers who were tested for them and the number of deceased drivers who tested positive for drugs increased from 29 percent in 2005 to 39.9 percent in 2013. Much of the increase was attributed to prescription drug use. You should never drive under the influence of drugs or alcohol. If you have been injured by som..
Suffering an injury can be a traumatic and confusing time. If you have been injured in a car accident, while visiting a business or through the reckless or negligent behavior of someone else you should take steps to protect yourself. Seek Medical AttentionIf you have been injured seek medical attention immediately. When you are injured, adrenaline can surge and your muscles can tense, blocking your ability to feel pain. This is an important evolutionary trait but it can prevent you from realizing the full extent of your injuries. A complete examination by a qualified medical professional can help to make sure that you receive the proper diagnosis for all the injuries you have suffered. The longer you wait from the time of injury to the time of diagnosis, the more intervening events the other party can argue caused your injury. Do not wait weeks or even days to receive a medical evaluation. Get medical help immediately and don’t allow whoever caused your injury to say that they were not responsible. Contact the AuthoritiesAfter an accident protect yourself from further harm. Move away from the accident scene to a safe location. Try to r..