Articles

Published on: February 1, 2010

Premises Liability Extends to Golf Courses as Well

Who would think that premises liability would extend to a golf course? It does and course owners and employees need to be aware.

Let’s consider a case that we heard about just recently about a man who wound up with traumatic brain injury after falling off a golf cart. The man’s wife is seeking damages for the trauma and loss of consortium in the form of a personal injury lawsuit.

The story goes like this: the gentleman was golfing when one of the club’s employees offered to give him a ride in one of the club’s golf carts. Evidently rather than being able to sit on the front seat with the employee, he was told to stand in the area normally reserved for carrying the golf clubs. The foundation of this personal injury lawsuit is the negligence of the employee who was driving the golf cart at the time of the accident.

Published on: January 30, 2010

Who Is at Fault in an 18-Wheeler Accident Is Critical

By Stephen M. Ozcomert

When a car meets an 18-wheeler head on, the results are not pretty. In cases like this, it is critical to know who was at fault for the accident.

Let’s take a look at a real life case example. Picture a big rig barreling down the interstate heading west. On the other side of the highway route, a car is traveling east. The car, for some unknown reason, suddenly veers left of the centerline, causing the semi to swerve to avoid the car. While the intention was there to avoid an accident, in reality, the defensive driving maneuver the trucker took failed. The car was subsequently stuck under the big rig.

It will come as no surprise that the driver of the car was pronounced dead at the scene. An open and active cell phone was found by police lying on what was left of the front seat of the car. The accident also caused an oil and gas spill.

Published on: January 20, 2010

Georgia Insists on Car Insurance

By Stephen M. Ozcomert

Just in case you don’t know this, you should if you live in the state of Georgia. Everyone must have car insurance.

If you’re a newbie just arriving in Georgia from another state or out of country, one of the first things you will want to know is that you need car insurance. If you think no one will know whether you have it or not, think again. In 2003, Georgia made an arrangement where the state police have access to the Department of Motor Vehicle Safety database. This information clearly shows the police who has expired insurance or no insurance.

Now you may be thinking that if you happen to be carrying an insurance card and have an accident that this is proof enough. It isn’t, and can’t be used as proof of valid insurance. Unfortunately, having the card could mean the driver is trying to pull a fast one on the police. While the vast majority of car owners would be honest enough to actually “have” the required insurance, there will always be exceptions to the general rule.

Published on: December 28, 2009

The Scoop on Personal Injury Lawsuits

By Stephen M. Ozcomert

More than any other area of law, personal injury cases tend to be extremely confusing to many. Victims are often not sure what they should do.

“After being in practice for as long as I have, the number one area that I get questions in usually pertains to some very common misconceptions about personal injury law. The top question is usually asking if they need to hire an attorney to settle their case,” commented Stephen Ozcomert, an Atlanta personal injury attorney.

It’s one thing to not really understand the law and how it works; after all the “is” a lawyer’s job. However, not really grasping what personal injury law is about, even in a general manner, may have a significant impact on an individual’s claim and potential settlements. “While it’s true that victims aren’t mandated to hire an attorney, it is generally in their own best interests to do so. Why? Because the attorney is able to outline the type of compensation handed out in other similar cases,” added Ozcomert.

Published on: December 27, 2009

18-Wheeler Rear Ends Minivan Causing Death of Child

By Stephen M. Ozcomert

In a very horrific minivan and semi collision, the evidence points to the driver of the truck blowing a stop sign. This case could be pursued in a criminal court and as a wrongful death lawsuit in civil court.

The circumstances of this case made even toughened state troopers weep. A young toddler, just three years old, was killed when the minivan he was riding in was rear-ended by a big rig. “The wreck was horrific and the young boy never stood a chance to survive an impact that severe. The semi-truck hit the van at such a speed that that whole rear end of the vehicle crumpled and was shoved forward, crushing the boy,” said Stephen Ozcomert, an Atlanta personal injury attorney.

The mini-van was being driven by the young boy’s mom at the time of the crash. She was taken to the nearest city hospital in critical condition. Despite the fact that all the occupants of the van were belted in, and no one was ejected, the devastation was monumental. The boy’s father and two other young kids were injured, but not critically.

Published on: December 15, 2009

Premises Liability and Guests

By Stephen M. Ozcomert

While we may not realize it, the most dangerous thing that can happen is to be involved in a slip and fall accident on someone else’s property. If negligence plays a part in the cause of the accident, a lawsuit may follow.

It’s interesting in a way to note that people are quite upset about the thought of being victims of violent crime; fear of getting trapped in an elevator; live in horror of a plane crash; or of dying in a vicious hurricane. While these things can and do happen, they don’t happen as often as people taking a hard tumble on someone’s improperly maintained property. “In other words, often the most dangerous things to people on a personal injury level are those that happen as the result of a slip, trip and fall on another person’s premises. This usually happens when people least expect it as well,” commented Stephen Ozcomert, an Atlanta personal injury attorney.

When dealing with premises liability law, a property owner or manager of that property may be held liable for injuries that happen to guests while they are on that property. Pay attention to the use of the term “guest” when it comes to premises liability cases. Guest may mean a salesperson, customer, client, house guest or even a trespasser. What term is used depends on what a property’s purpose is and what it is used for. “If someone has sustained injuries as a result of a slip, trip and fall accident on someone else’s property, it is a good idea to speak to a highly skilled personal injury attorney about what their rights are. Not every fall has the elements needed to present a case in court,” Ozcomert added.

Published on: November 22, 2009

Wrongful Death Suit Reasons

By Stephen M. Ozcomert

Wrongful death suits can be filed for many reasons and aren’t limited to vehicle crashes.

Although every state has its own wrongful death statute and the requirements to file a wrongful death lawsuit under the auspices of that statute vary, the reasons for filing such a suit tend to remain the same.

Cases vary and have many components to them like the case involving a man whose wife died as the result of a car crash in July of 2009. In this instance, the van the couple was driving was rear-ended and forced off the road, rolling over several times before coming to a halt. The husband was permanently and severely injured, and the wife died as a result of her injuries. In consultation with a skilled personal injury attorney, the husband decided to file a wrongful death suit against not only the driver of the other vehicle, but General Motors and a seatbelt manufacturer.

Published on: November 10, 2009

Slip and Fall Wrongful Death

By Stephen M. Ozcomert

Not all slip and falls take place outside after tripping over something on the ground or by slipping on a wet surface at the supermarket.

Consider the case of a woman who died after falling while trying to climb out of her hospital bed. She sustained some severe injuries after her fall and eventually succumbed to them. The crux of this particular case is the fact that the woman was a known fall risk.

When the lady was admitted to hospital she was given what is called a close call device, attached to the woman’s gown. The idea behind these gadgets is that they alert hospital staff when the patient attempts to leave her bed. In this case, the woman tried to get out of her bed one day in June 2008, but failed in that attempt and fell instead. The nursing station was never alerted by the apparatus attached to her gown.

Published on: November 1, 2009

The Other Party’s Guilt

By Stephen M. Ozcomert

When someone has been the victim of another person’s negligence or call it carelessness, this is the best time to contact a personal injury attorney.

Negotiating a settlement in a personal injury case is a tricky thing to do, and something a person is not able to do themselves, particularly when it comes to very serious, life altering and long-term injuries. Compensation for these kinds of injuries is based on many things and often is subjective to each case. Only an experienced personal injury attorney has the capabilities to be able to handle this kind of case.

When considering filing a personal injury case, don’t wait around until the wounds have either partially or totally healed. Time is of the essence in cases such as this, and the more time that lapses from the accident until the time a suit is filed can result in memories getting fuzzy, important evidence becoming lost, and the ever-looming statute of limitations coming close to or having already run out. These are things a victim needs to know in order to move forward with their lives after a horrific accident. Waiting will only make matters worse.

Published on: October 15, 2009

Big Rig Accidents Present Legal Challenges

By Stephen M. Ozcomert

Any collision with a big rig causes untold damages, usually severe injuries or death, and many legal challenges.

Any case involving a semi is typically very complex, much more complex than a “typical” car versus car accident. For starters, the kinds of injuries sustained are catastrophic and the damages are monumental. This means when all is said and done that the stakes in 18-wheeler crashes are way higher for insurance companies; more particularly the insurance company that has the trucker’s insurance policy.

And one thing is as sure as the sun rising every day – the trucking corporation will pull out all the stops to reduce or deny any liability they may have in the accident. After all, they are in business to make money, not put it out to cover lawsuits. Anyone who has the misfortune to try and deal with a trucking company will find out soon enough that stall, delay and deny are three of the favored approaches to dealing with any accident claims.