Atlanta Personal Injury Lawyer Blog

Published on: January 10, 2010

Gluing a Cracked Tooth Versus a Root Canal May Result in Dental Malpractice

Not a lot of people realize that they have the ability to sue their dentist for dental malpractice. If in doubt about a procedure that caused you harm, speak to a malpractice attorney.

Just about everyone realizes that lawyers generally carry malpractice insurance. However, not a lot of people realize their dentist also carries similar insurance for mistakes that they may make. Medical malpractice is fairly common and in most instances people will know immediately what that refers to when they see or read a news item. One doesn’t often read stories about dental malpractice, but it does happen. If you think your dentist has done something negligently and has caused you serious harm, speak to an experienced malpractice lawyer and find out what your rights are.

Statistically speaking, dental malpractice claims have held relatively steady for the last ten years or so. The one area where dental malpractice claims differ from medical malpractice cases is in the area of damages awarded. In other words, dental malpractice claims are usually smaller. Typically, when harm does occur, it happens due to improper treatment or services for the patient or the dentist failed to spot or correctly diagnose problems.

Published on: January 1, 2010

Suing Your Lawyer Is Possible

By Stephen M. Ozcomert

There’s a fairly prevalent myth going around that it is impossible to sue a lawyer. This is inaccurate, as you are able to sue a lawyer for legal malpractice.

If you don’t happen to be that thrilled with the work your attorney did for you, didn’t like the representation, questioned how things were handled and felt you were being misled, you may consider a legal malpractice claim. Of interest is that a claim may also be filed in instances of client-attorney disagreements over fees and in relation to ethical violations by the lawyer. As you can see, there are several alternatives open to you, each of course being a different case, mandating a different way to handle it.

Generally speaking suing an attorney would fall into one or more of three categories. One of those classifications is breach of fiduciary duty. This is a claim that you file if you have a conflict of interest with your lawyer. Keep in mind that this type of claim is only considered if the attorney’s breach harmed you in some way. For instance, you may file a malpractice claim if your attorney misused/mishandled monies while handling your case. If the attorney settled your case for less or misrepresented it and didn’t tell you about it because of their social or financial connections, this could be grounds for professional malpractice as well.

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 28, 2009

Settling a Motorcycle Injury Claim

By Stephen M. Ozcomert

If an individual survived a motorcycle crash they will need to have an idea of what to do to get their claim settled. Don’t do this as a solo act, as dealing with an insurance company may mean settling for less than may be awarded through the courts.

In the event of a motorcycle accident, the first thing that needs to be done is to figure out how serious everyone’s injuries are.That is the first and only priority at the scene of an accident. If a person is able to use a cell phone or ask someone else to call for help, do so. If the accident was the result of someone else’s negligence, don’t bother getting into it with them about who is in the wrong or who is in the right. This can be sorted out later when a personal injury attorney has been hiredto represent an insurance claim.

The next thing to do is to prevent those involved in the accident from any further harm. Put out any available flares to warn off traffic. This will also help preserve the accident scene. Do no move any of the vehicles involved in the accident as this will just confuse the issue later if the case goes to court. Destroying evidence by moving a vehicle will count against the plaintiff, so be smart and just leave things for the police to handle. When they’re done with their investigation, they will have the bike moved.

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 20, 2009

Insurance Companies and Motorcycle Accidents Don’t Mix

By Stephen M. Ozcomert

Car to motorbike collisions usually leave at least one person seriously injured or dead, but the insurance company wants to minimize its payout.

If a biker happens to survive a motorcycle crash they may find out that they have been crippled for life. Perhaps the collision was not the biker’s fault and he or she feels everything will be fine because it is covered by the insurance company. It’s a good thing the premiums were paid regularly every year, there were no claims, and the coverage was second to none.

With all these things on the side of the motorcycle rider, they would have every right to expect fair and prompt compensation from the insurance company. While the biker may “expect” that would be the case, it often isn’t what happens. Many motorcycle accident attorneys know that the insurance company is not a friend to anyone; and definitely not friendly if there is a severe injury that may require years of treatment and millions of dollars.