Wrongful Death Structured Settlements

Although many people seem to think a wrongful death action is a criminal case, it is not. A wrongful death action is a civil suit with the award called a structured settlement.

Those who have experienced the loss of a loved one thanks to the actions of another individual or a company may file a wrongful death claim or lawsuit in civil court. Perhaps the best example of a potential wrongful death suit is the proposed suit to be launched by Katherine Jackson, Michael Jackson’s mother.

The people who choose to bring the lawsuit are called plaintiffs and the people they file the suit against are called defendants. The main difference between civil and criminal actions is that in a civil action damages are awarded to the plaintiff and in a criminal lawsuit it’s the state taking action after a crime has been committed.

The kind of damages awarded in civil cases tends to vary from state to state and it’s best to consult with a skilled wrongful death attorney for further information. Some of the factors taken into consideration when an award is determined have to do with how the deceased handled money while alive, what income would have been earned had they lived (future earnings), the cost of the death which includes medical and funeral expenses, and the suffering and pain of the family left behind to cope without their deceased family member. Awards in these kinds of cases are typically referred to as a settlement, and are usually paid out over a “structured or specified” length of time.

Structured settlements are handled in a variety of ways. Typically, once the award has been made a structured settlement factoring transaction kicks in, letting the family get a lump sum payment instead of many smaller, proportioned amounts. At this point some plaintiffs opt to sell their rights to get all or part of their future payments immediately. This is something that definitely needs to be discussed with a highly qualified wrongful death attorney, as although there may be advantages to selling the structured settlement, it isn’t the right route to go for everyone.

It’s not unusual for people to sell their settlements to get money up front because in most instances by the time the award comes through they are in need of money to pay overdue bills and other expenses such as educational needs, improved housing, different transport, and unexpected and continuing medical bills and rehabilitation.

To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

Medical Malpractice Cases Founded in Medication Errors

Unfortunately there are an increasing number of medication errors being made in hospitals and other medical settings; errors that result in medical malpractice cases.

These figures will shock and likely dismay you. There are well over a million people a year across the U.S. who suffer harm or death due to medication errors. It’s these kinds of mistakes which may well lead to a medical malpractice case or a wrongful death action. Don’t guess which legal route you may be eligible for because these cases are difficult to prove. Always speak to a highly skilled medical malpractice attorney for advice and an assessment on whether you have a solid case.

What constitutes a medication error? In a nutshell, it is any “preventable act” that may cause or wind up causing improper medication usage and patient injury while being cared for by a health professional. Known also as prescription errors, these potentially deadly slip-ups may come about as the result of poor product labeling, the wrong orders being given, inappropriate compounding, monitoring, administration or use and dependency. It only takes one minor mistake handling drugs and the consequences could mean severe harm or death for an unsuspecting patient.

Recent statistics indicate that the most common fatal blunder was giving the wrong dose of medicine. Those figures were a whopping 41%, with giving the wrong drug and using the wrong method of giving that drug coming it at 16%. This information would certainly give anyone in a care setting a great deal of pause for thought.

Unfortunately, many of the people in care are not able to question what drug they are being given and are in essence a captive audience being fed medications as the doctor orders. Whether or not the right orders were given and the person administering the medication does so in a proper manner are the other questions that may lay the foundation for a medical malpractice lawsuit.

Many medically negligent medication errors happen with people over the age of 60 years old. The major reason for this is that many seniors in that age bracket are on multiple medications and the chances for a potentially fatal interaction/reaction increase exponentially. Make it a point to check out all medications you have been told to take. Ask about side effects and compatibility of the new medication with existing ones. Read everything you can get your hands on about the drug and double check the dose, when to take it, how to take it and any other special instructions.

Being involved in your own health care is essential if you want to minimize the chance of having something go wrong later when you are not able to be present and alert to monitor what you are being given. If you suspect you have been the victim of medical malpractice or a family member died due to a medication error, contact an expert med mal attorney well in advance of the statute of limitations running out.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio. To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

Malpractice Means More than Just Medical Malpractice

When the term professional malpractice is mentioned, many people assume it automatically refers to medical malpractice. This isn’t always the case.

Malpractice cases don’t always center on medical malpractice issues. In fact, the term malpractice refers to any act of neglect or failure by a “professional.” These kinds of cases also happen to involve accountants, nurses, dentists and lawyers.

The difficult thing about malpractice cases is what actually constitutes professional neglect. This is a hard thing to prove, as it usually boils down to a “he said/she said” situation and involves what other pros in the same profession as an accused consider to be the “gold standard” of proper and ethical practice.

Professional neglect is an act by an expert that harms a patient or client. In other words, the person on the receiving end of the negligence suffers some harm. Usually in cases such as this the assertion is that the quality of care or the service provided was outside the generally accepted standards followed by others in the same profession.

There is, however, another meaning for the term malpractice and that is an act done on purpose by a professional intending harm. For example the case of an accountant or stockbroker who misappropriates money from his or her clients. It may also mean an instance where a patient in a hospital gets the wrong medication and it causes physical harm. This would be a prime example of hospital malpractice. Medical misdiagnosis may also fall into this area of law.

While it likely goes without saying that experts in any profession are only human and are sometimes prone to making mistakes, the dividing line between an honest mistake and malpractice is when the harm caused by the practitioner could have been avoided if they had only acted in a reasonable manner “under the circumstances.”

The most common cause of death in the U.S. is medical malpractice and includes cases involving bungled surgery, cancer misdiagnosis, birth injuries, and medication overdoses or mistakes. Ranking right up there next in line are errors relating to not getting informed consent before doing a medical procedure and the failure to act quickly to treat a diagnosed condition.

To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

Investment Scams Proliferate

There are more scams on the go than just the high profile ones that you read about in the paper. Madoff is a very large example of some of the smaller schemes that proliferate online and offline.

There are far too many con artists out there these days to really take anything for granted any longer. You can thank the recession for that as more people try to find ways to make money. Let’s face it, investors are looking to recoup their losses somehow and on the other side of the fence, there are con artists just salivating to divest them of their money.

Be on the lookout for scams like the Ponzi scheme which dangles the golden promise of high returns in front of investors. This one works by taking funds from new investors and then paying off the first investors in the pyramid until it ultimately collapses. In the Ponzi, virtually all the investors lose everything, including the shirt on their backs.

We all know the real estate market is in a real mess and this is where the real estate investment con comes into play. It usually promises high returns for merely flipping real estate. However, investors lose out big time when expected work is never performed as promised or the house is located in a really bad area where no one wants to live.

A little closer to home and a bit more personal, is the investment/financial advisor fraud. This happens when an advisor without any ethics or morals takes advantage of their client not knowing much about investments. They may embezzle funds, grossly over inflate the cost of their services or have even been known to make up charges.

Another popular scam is the oil and gas investment con. It primarily assures investors they will make quick bucks on oil and gas ventures. However, these “ventures” never do get off the ground. Make sure you are aware and alert and watch for unregistered securities.

The worst scam of all, at least on a personal level, is something called the affinity fraud. The scam artist in this fraud uses personal connection to target groups, say at work, church or even a family, and lures them into making fraudulent investments. This one really hits home when those who have had the wool pulled over their eyes discover the deceit.

If you’re the victim of fraud or about to be charged with fraud, hiring the right attorney will make all the difference in the world. Don’t try to handle fraud situations on your own, as there are too many things that have the potential to go wrong.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio. To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

Have a Working Knowledge of Business Law

Running a company isn’t just about getting and keeping customers. It’s about knowing what laws are involved in running that business.

There have been many adventurous entrepreneurs who launched an enterprise on a wing and a prayer and later realized they were missing some important legal underpinnings. It’s never a good idea to get into something without knowing all the ramifications. This avoids some really nasty revelations later if the rules of commerce and legal p’s and q’s weren’t handled up front.

Not knowing what business related issues may come up is guaranteed to cause problems if all the proper steps aren’t put into place to protect the operation. For instance, all the paperwork needs to be filled out correctly, all the t’s crossed and the i’s dotted, to ensure there is a proper (legal) registered business entity. Any and all transactions undertaken in the name of the business must have the correct legal documentation to back them up. Doing this without the help of expert legal counsel is problematic, as there are so many pitfalls on the road to setting up a business.

Making sure all the documents relating to the venture are correct is one of the first priorities in getting set up, as these papers will come in handy if the firm is sued. This isn’t to say that just because a business has been launched that an in-depth knowledge of the law is required, as that’s what business lawyers are for in the first place. Having a general knowledge would be ideal in order to understand the concepts of structuring an operation and dealing with the day-to-day affairs and paper flow.

Consulting an attorney with expertise in this area is a smart move, because the same lawyer who made sure the business is legal and properly registered will be the same one that is able to keep the legal affairs of the company in order. Whether it’s a partnership, sole ownership or some other entity, such as a limited liability company, the attorney who specializes in this area will have the acumen to keep things on track and allow those involved in the company to run it without worrying about all the legalities.

If contracts are something done on a regular basis, having a working knowledge of how they work would make sense. It’s not required to be an expert in this area, as the attorney will handle that. It’s a given that the law is the purview of the business attorney and although entrepreneurs may like to be informed about the overall picture, it’s best the technical details are left to the lawyers. Business law is highly complex and only a skilled lawyer with extensive experience will be able to provide the best advice for companies.

To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

Big Rig Accidents Common

Not a day goes by that the highways in America aren’t teeming with big rigs. The 18-wheelers that make the pavement sing as goods are trucked to various locations. Beware tangling with a big rig, as the results are usually deadly.

For commuters on their way to work, for those out on the Interstate byways and country back roads, spotting a big rig is a very common occurrence. They are part of the mosaic of America. They are also deadly instruments of destruction if involved in an accident. In general, most drivers don’t pay that much attention to the big rigs, nor do they give much thought to who is behind the wheel. In most cases, they’re too busy just driving, concentrating on getting from point A to point B quickly. And therein lies the problem.

When car drivers don’t pay attention to what they are doing, or what other vehicles are close to them and what they are doing, this is when accidents happen. Truck drivers are not mind readers. If they were, there would be fewer deadly car/truck crashes. Truck accidents are catastrophic and almost always involve fatalities.

While it’s true that a number of big rig accidents are caused by the truck drivers not obeying the rules of the road, the other factor here is car drivers taking responsibility for their driving habits. It’s a common sense fact that 18-wheelers are much harder to maneuver than a car and take longer to stop. It’s just like the Randy Travis song that says 18-wheelers don’t stop on a dime.

Consider this deadly scenario: a car passes a commercial truck, whips back into the same lane as the truck far too early and then suddenly stops. The truck driver has no hope in avoiding an accident in cases like that. Instead they may jackknife, flip or run over the car that cut them off – not intentionally, but because they can’t stop soon enough.

Many car drivers also make the mistake in thinking that just because they can see the truck, that the truck driver is able to see them. This isn’t the case. Just as there are blind spots while driving a car, there are blind spots for truck drivers. Don’t wind up in one of those blind spots.

Another tactical error that car drivers make if they’re not familiar with how big rigs turn corners, is move around the rig to the right, smack dab in the way of the rig as it turns. The consequences of this are not pretty, and while not usually deadly, there is the potential for serious injuries.

When traveling with trucks, singly or in a convoy, stay clear and well away from them. Give them the space they need to travel safely. Avoid driving between two trucks or getting too close for comfort. Commercial trucks need space, and lots of it. That’s just the way life is and car drivers sharing the roads need to be aware of their own actions and take responsibility to drive with caution.

In the event of an 18-wheeler collision, immediately, despite severe personal injuries, contact a highly skilled attorney to take the case. The road to justice will then be an easier one to travel.

To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

Have a Working Knowledge of Business Law

Running a company isn’t just about getting and keeping customers. It’s about knowing what laws are involved in running that business.

There have been many adventurous entrepreneurs who launched an enterprise on a wing and a prayer and later realized they were missing some important legal underpinnings. It’s never a good idea to get into something without knowing all the ramifications. This avoids some really nasty revelations later if the rules of commerce and legal p’s and q’s weren’t handled up front.

Not knowing what business related issues may come up is guaranteed to cause problems if all the proper steps aren’t put into place to protect the operation. For instance, all the paperwork needs to be filled out correctly, all the t’s crossed and the i’s dotted, to ensure there is a proper (legal) registered business entity. Any and all transactions undertaken in the name of the business must have the correct legal documentation to back them up. Doing this without the help of expert legal counsel is problematic, as there are so many pitfalls on the road to setting up a business.

Making sure all the documents relating to the venture are correct is one of the first priorities in getting set up, as these papers will come in handy if the firm is sued. This isn’t to say that just because a business has been launched that an in-depth knowledge of the law is required, as that’s what business lawyers are for in the first place. Having a general knowledge would be ideal in order to understand the concepts of structuring an operation and dealing with the day-to-day affairs and paper flow.

Consulting an attorney with expertise in this area is a smart move, because the same lawyer who made sure the business is legal and properly registered will be the same one that is able to keep the legal affairs of the company in order. Whether it’s a partnership, sole ownership or some other entity, such as a limited liability company, the attorney who specializes in this area will have the acumen to keep things on track and allow those involved in the company to run it without worrying about all the legalities.

If contracts are something done on a regular basis, having a working knowledge of how they work would make sense. It’s not required to be an expert in this area, as the attorney will handle that. It’s a given that the law is the purview of the business attorney and although entrepreneurs may like to be informed about the overall picture, it’s best the technical details are left to the lawyers. Business law is highly complex and only a skilled lawyer with extensive experience will be able to provide the best advice for companies.

To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

Common Med Mal Lawsuit Areas

In actuality, there is nothing “common” about medical malpractice lawsuits, as they come in a variety of disparate areas.

If you’ve ever picked up a paper and taken a good look at the headlines, you’ll likely see a case or two relating to medical malpractice. At least you will if the case is large enough to garner a fair amount of public exposure. Otherwise, many med mal lawsuits go unreported and virtually unnoticed except for the plaintiff and defendant.

The reality of the matter relating to how frequently medical malpractice lawsuits are filed lies somewhere in the middle. Either they are far more frequent than we believe and doctors have to pay out more in liability insurance (malpractice insurance) or the numbers are not as high as we think because many people don’t realize they have been the victim of medical malpractice or choose not to report it for fear of alienating their doctor. The truth at times is stranger than fiction.

The most up-to-date statistics relating to medication errors are from 2006, the follow-up survey done by the Institute of Medicine. Their updated figures show that from 1999’s first report indicating malpractice caused 98,000 deaths to 2006, the figure shot up to an estimated 1.5 million. Obviously the problem is not getting better with time. This particular set of numbers also showed outpatient clinics were responsible for the largest number of mistakes and deaths than a hospital. On the other hand when hospitals the made a mistake, they made ones that resulted in more severe injuries.

You may be wondering what kinds of mistakes doctors and other medical practitioners make. Generally speaking, the errors fall into five categories: medication errors, misdiagnosis, surgical errors, anesthesia malpractice and birth errors.

Doctors have the initial responsibility to correctly diagnose a patient’s illness. If they don’t get it right there is a high likelihood the treatment and/or medications will also be wrong. Failure to diagnose breast cancer is cited in roughly 40 percent of med mal lawsuits.

Another large percentage of med mal lawsuits are based on medication errors, which could mean the wrong medicine entirely, an incorrect dose, a wrong prescription or the wrong combination of drugs. These kinds of errors will of course make the patient’s condition a great deal worse, or in the extreme, result in wrongful death.

Birth injuries are usually caused by several things that include the doctor failing to provide pre-natal care, not performing tests that would show if there are any fetal abnormalities, not recognizing fetal distress, rushing to deliver the child too soon causing injuries for the mother and child, and providing adequate care for preemies. Negligence in this area may cause clavicle fractures (fractured collarbone), cerebral palsy, Erb’s palsy and shoulder dystocia, etc.

During surgery, just about anything is likely to happen. In most instances of surgical errors, negligence has played a large part in the death or injury. Generally speaking most injuries or deaths are the result of negligent pre-op planning and after surgery care. Other errors include not giving the right dose of anesthesia, performing the operation on the wrong part of the patient’s anatomy, puncturing an internal organ and leaving instruments in the body.

Of course anesthesia is a part of surgery and this calls for precision and a great deal of expertise in making sure the right dose is given and there are no pre-existing conditions that may complicate matters. The wrong dose may be fatal or cause serious long-term difficulties for the patient.

Medical malpractice may be found in just about any setting from the hospital to a pharmacy and from a dental office to the clinic of a gynecologist. If you think you may be a victim of medical malpractice, do not hesitate to contact a highly qualified medical malpractice attorney to find out what your rights are and have your potential case assessed.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio. To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

Deadly Hit and Runs

Even though the law demands you remain at the scene of an accident, exchange information with the other driver and wait for the police if they have been summoned, there are people who take off instead.

Unfortunately, even though the law states those involved in crashes must stop and stay at the scene, there are an increasing number of people who jackrabbit, leaving the other driver wondering how they will recoup from the accident. Generally speaking, there are three possibilities why someone takes off after being involved in an accident: they were DUI, uninsured or unlicensed.

If the driver of the vehicle that took off and left you stranded at the scene is living in the U.S. illegally, there is a good possibility they have no driver’s license. Illegal residents have the ability to buy vehicles at auctions since no one asks for a driver’s license. What usually happens after they have fled the accident is they abandon the car, as it is usually untraceable even if it is recovered.

When it comes to uninsured drivers or those driving while under the influence, these leave a lot more clues as to their whereabouts. While this might be reassuring in terms of catching the culprit, when it comes to uninsured motorists, this will not do you much good. They won’t be able to pay for any damages. You might want to check with your insurer about uninsured motorist coverage, as this will provide compensation for pain and suffering, lost wages, etc. It will also apply to passengers in an accident.

Frankly, in this day and age, it makes a great deal of sense to have as much uninsured motorist coverage as you can afford. Too many things can go wrong when you’re driving and taking the chance that the other driver is also insured is a real risk. Your state may mandate uninsured motorist coverage, so check first before buying auto insurance.

If the driver that hit you was drunk, they may be found and they may also have insurance. Having said that, once again, this is a risk you take if you don’t also have uninsured motorist coverage of your own. If you are able to get the license plate number and a good description of the vehicle, it will help the police look for the culprit. With luck, that driver will be caught and does have insurance.

In cases like this, whether you have uninsured motorist coverage or not, make it a point to speak to an attorney who has extensive experience in dealing with auto accidents. S/he will brief you on how to recover losses if the other driver does have coverage and may be able to assist you in dealing with your insurance company if the driver was uninsured and you are having trouble with your claim.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio. To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

Misreading a Mammogram Med Mal

While most people think that an error in medications or treatment is medical malpractice, misreading the results of a test, such as a mammogram, is also considered to be medical malpractice.

Many people just don't stop to think that there may be an error when it comes to reading the results of their medical tests. They just assume that when the results are in, that whatever they say is the actual results. Unfortunately, this isn't always the case and in some instances, misreading a medical test may result in injuries or even death.

An example of one area of medical malpractice is when a doctor misdiagnoses breast cancer. There are unusually two fairly common mistakes made that may delay diagnosis. The first error is failing to order a diagnostic test in the first place in order to rule out cancer if a lump is present in the breast. The second mistake is misreading the mammogram. If you live in Georgia and need to speak to legal counsel about this kind of situation, look for representation from an Atlanta personal injury lawyer.

As you can see, both of these kinds of errors would cause delays in a cancer diagnosis until it may be too late to do anything about it. In a case like this, the patient may have a case for medical malpractice.

Many doctors still do this today: reassure a woman that a lump in her breast is likely nothing much more than a benign cyst. Without any diagnostic tests to be able to confirm that "guess," providing the patient with a definitive diagnosis becomes like a game of Russian roulette. While it may be statistically fairly accurate that most abnormal breast exams are the result of something besides cancer, not checking to be sure borders on negligence, something that needs to be discussed with an Atlanta personal injury lawyer.

There have been reports of doctors telling women they are too young to have breast cancer or that because their family has no history of it, that they are not at risk to get it. Unfortunately, breast cancer can and does happen to anyone, at any age. The only accepted medical practice is to run diagnostics. A clinical exam won't provide much more information other than there is a lump. The bottom line here is that most cancer specialists are of the opinion that any lump needs to be tested.

If you have been in a situation like this, and were told you likely didn't have cancer, or you discovered later that a mammogram was incorrectly read and you are now battling cancer, speak to a highly skilled Atlanta personal injury lawyer. Your attorney will represent you aggressively to obtain justice.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense at Webbdorazio.com.

Spinal Cord Personal Injuries

Spinal cord injuries are far more complicated than one would think.

Injury to the spinal cord, the actual injury itself, is called myelopathy – damage to the white matter (myelinated) fiber tracks that transport signals up and down the spine from the brain. Interestingly enough, there is also another area of the body, that when damaged, is also referred to as a spinal injury – the grey matter at the central part of the brain.

Generally speaking, the most common reason a person sustains a spinal cord injury is due to trauma of some sort, such as falls, car accidents, diving accidents, gunshots, and even war injuries. Tumors also cause spinal injury – metastatic cancer, astrocytomas and meningiomas, etc., as does spinal bifida. There is a need to know the precise reason for any injury, as it directly relates to treatment and management of the condition.

If you've been diagnosed with spinal cord injuries, you were likely told that the injury was either complete or incomplete. Complete injuries are those where the patient doesn't have any function below the level of the injury, or in other words, there is no mobility. Incomplete injuries are not as severe and many patients will have some movement below the injury site.

Surprisingly, there are a great many of these injuries reported every year, and in the U.S. alone there are approximately 450,000 Americans living with this condition in one form or another. Unfortunately, there is no cure for damages done to the spinal cord. However, having said that, after the initial treatment when the spinal cord injury presents in the ER, the intervention given will have an enormous effect on the outcome.

Living with a spinal cord injury is not an easy thing to do, and if you did not consult a personal injury attorney, you may be having a very difficult time paying bills and getting therapy. If you're faced with a spinal cord injury diagnosis, it's imperative you speak with a competent personal injury attorney who knows how to properly valuate your injuries for a lawsuit. You may be eligible for quite a sum of money based on the severity of your injury, and the costs involved to manage it now and in the future.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense at Webbdorazio.com.

Wrongful Death Has Limitations

Some people just want to settle a wrongful death claim directly with the insurance company, because they will make sure there is a good settlement. This is not always the case.

In most circumstances, the insurance company is out to protect their bottom line, which is to spend as little money as possible on any settlements. On the other hand, if a wrongful death suit goes to court, chances are the damages awarded will be a lot higher than what the insurance company was trying to hand out. Robert Webb of Webb & D'Orazio, an Atlanta personal injury lawyer practicing personal injury law, business law, and criminal defense in Atlanta, Georgia, has extensive experience in this area.

Sure it matters if the insurance company pays the medical bills and other things associated with a wrongful death – but – and this is the operative word here, but there are laws that entitle a person to a just settlement for their loss and grief. Simply put, someone who has lost a loved one is entitled to more than payment for doctor's bills, etc. This is where hiring a good Atlanta personal injury lawyer comes into play.

It's sometime difficult to know when to hire an Atlanta personal injury lawyer. However, auto crashes come to mind as one of the leading reasons people hire attorneys. "Speaking of car crashes nationally, the statistics reveal there were over 2 million people injured in crashes, with the death toll being 42,000 people last year. In Georgia alone, there were 1,600 deaths," said Webb.

Those who have lost family members in crashes are entitled, by law under the wrongful death statutes in most states, to recover lost income, funeral expenses, pain and suffering and even punitive damages. Victims must remember to file quickly and before the statute of limitations runs out, and they are no longer able to file a claim.

Hiring an Atlanta personal injury lawyer in the case of a motorcycle accident also makes eminent sense, as the consequences of a bike crash inevitably change the rider's life instantly. "If they survive the crash, they may have long-term physical difficulties. If they perish as a result of their injuries, their family members have the right to file a wrongful death suit," added Webb.

Hiring an Atlanta personal injury lawyer is highly critical if someone has died as a result of an accident involving a big rig as well. These types of accidents are, in most instances, very deadly. It doesn't matter what the cause of the crash was, what matters is being able to file for damages under the wrongful death statute. Consulting with a wrongful death attorney is the best option to obtain justice.

Learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense at Webbdorazio.com.

Patient Be Thine Own Doctor

The Institute of Medicine in the U.S. estimates that close to 100,000 die in hospitals every year thanks to medical errors.

Many medical errors may arise as the result of the patient and doctor not communicating well in asking the right questions or in answering them properly. "The errors may happen at any point during the time a patient and doctor interact, but more commonly, they are at the stage when the physician is doing diagnosis, handing out prescriptions for medication or reading test results," indicated Robert Webb of Webb & D'Orazio, an Atlanta personal injury lawyer practicing personal injury law, business law, and criminal defense in Atlanta, Georgia

To avoid the possibility of medical errors, the patient needs to be their own doctor to a certain extent. For instance, it only makes good sense that the patient actively participates as part of the medical process; after all, it's their body. "Interestingly, research is showing that people who are involved in their own care experience fewer medical errors," commented Webb.

Taking all the medications a person is on to the pharmacist and/or doctor to check what you are currently swallowing may avoid any nasty or sudden drug interactions. This is particularly true in this day and age when people are also taking herbal supplements that might interact with conventional drugs, or when people are taking drugs with the potential for serious side effects. E.g. Fosamax

On a similar note, make certain to check and double-check your prescriptions when you pick them up at the drugstore. Make sure the medication in the bag is the medication that was prescribed by the doctor.

If a hospital stay appears to be inevitable, then ask about what kind of infection control program is on the premises. Stick rigorously to proper hand cleansing and insist the staff also do the same. "Double-check anything and everything about any upcoming surgery, to make sure the medical team understands all the details," suggested Webb.

Having someone else along for chats with the doctor is usually a good idea as well, as the second set of ears may hear something the patient, who is under stress, may miss. It's time for people to make a difference in their own health care and approach to wellness. "Being aware and alert, and always asking questions is one of the best ways to avoid medical errors," advised Robert Webb of Webb & D'Orazio, an Atlanta personal injury lawyer practicing personal injury law, business law, and criminal defense in Atlanta, Georgia.

Learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense at Webbdorazio.com.

Misread Tests May Result in Med Mal

It's not too hard to imagine that someone may misread test results for a variety of reasons, from fatigue to inexperience. However, this medical error has the potential to result in a medical malpractice lawsuit.

It might not surprise you to know that the foundation of many medical malpractice lawsuits is someone misreading an X-ray, mammogram, MRI or CAT scan. Sure, they're not the easiest things to interpret, but the people paid to do so have many years of training under their belts to enable them to do it right the first time.

Unfortunately, that does not always happen, because even those with extensive training have days when things just don't go right. While it might be understandable, as they are human, a medical error like this has the potential to cause serious personal injuries or result in a fatality.

A good med mal attorney needs to prove that there was a mistaken interpretation of a test, which is not always easy to do. It is usually accomplished by having a qualified radiologist with extensive experience in interpreting imaging results. In other words, the med mal attorney will seek to hire an "expert" in the field of interpreting radiographic films to testify in court.

Keep in mind that the mistaken reading is not the only error in a scenario like this. This is merely the starting point for a whole cascade of errors that may ultimately include incorrect treatment; the wrong drugs and possibly counter intuitive therapy. If the disease in question happens to be cancer and the imaging results were misread, imagine the anguish of a patient who finds out either they have cancer and got the wrong treatment, or have cancer and were not diagnosed as such, leaving it to grow unchecked.

When using an expert in court, that individual needs to be able to not only support a misread/incorrect analysis, but also be able to offer the further opinion that there was no reasonable basis for that wrong interpretation. This isn't easy to do either, and for this reason, medical malpractice lawsuits often take a fair amount of time to be settled.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense at Webbdorazio.com.

Wrongful Death Suits

Wrongful death suits are not criminal cases, they are civil lawsuits and the two should not be confused.

Many people tend to struggle with the definition of a wrongful death suit. Simply put, it's a death that comes about as the result of someone else's negligence. That is the basic definition, but if you added in recklessness and irresponsibility, you'd have a fairly good idea of the foundation of a wrongful death suit.

The other factor that needs to be understood is that there are still grounds to file a wrongful death lawsuit even if the death was the result of the "lack" of necessary actions that caused a death and it was unintentional.

Who benefits in a wrongful death suit? It is not the deceased. In most instances, it is the family of the deceased who may receive compensation. The compensation awarded in cases of this type is for economic/financial purposes. E.g. the family is without financial support because of the death and thus, any awards made would assist them to live. Of course, the award may also help deal with the expenses of medical bills and the funeral.

Wrongful death cases also deal with the area of emotional pain of losing a loved one. It's not easy to put a price on grieving, however the courts make an effort to take the pain of losing a loved one into consideration in their awards. The bottom line is that wrongful death cases are really about making life easier financially for those left behind.

If you have lost a loved one to a tragic accident that you feel was the result of negligence on the part of someone else, speak to a highly qualified wrongful death attorney. S/he will assess your case and let you know precisely what your rights are and what would happen if your case were taken to court.

When speaking to your attorney, that is your chance to ask other questions about standards of proof required in this type of case, the statute of limitations and how the courts go about assessing compensation. While some of the information you receive may be confusing, your attorney will assist you in understanding what it all means. At this point, you will be able to make informed decisions about how to proceed with your case.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense at Webbdorazio.com.

A Plethora of Personal Injury Cases

The death toll in America from car crashes is high, however it is not as high as the death toll from medical mistakes of various kinds.

The bottom line when it comes to accidents is that there are so many forms of potential personal injury accidents that over 80,000 Americans are killed or badly injured every year. Be it car crashes, medical malpractice, slip, trip and fall accidents, injuries on the job or wrongful death, there is a plethora of personal injuries that may see the courtroom before a year is out.

"The point is, when faced with injuries that have been caused by someone else's negligence, there is the potential to be able to file a personal injury lawsuit," said Robert Webb of Webb & D'Orazio, in Atlanta, Georgia. It means speaking with a skilled personal injury attorney and discussing the details of the case. Not every case goes to court, and this is something that a great many people don’t understand. They figure if there was an accident, then someone must be responsible for it, and that they need to pay for the injuries or any damage.

A personal injury accident is not as straightforward as 1-2-3 and there are usually many deviations along the road to justice. "The reason many cases do not go to court may vary, but some of them include filing a claim too late for the statute of limitations, not enough solid evidence to prove the other person's negligence, or there was proportionate liability where those in involved in an accident were each 50% liable," indicated Webb. Granted, that does not happen frequently, but the possibility does exist.

Let's say that a case does make it to court. "What usually happens in personal injury cases is the plaintiff receives a settlement of some sort that may cover things like the cost of their medical bills, money for loss of wages, and damages for pain and mental and physical suffering," outlined Webb.

The awards will vary depending on the severity of the accident, the degree of negligence, and several other factors that a top-notch personal injury attorney will explain prior to a case going to court. "Never make the mistake of thinking these cases are easily settled without the assistance of a good attorney," added Robert Webb of Webb & D'Orazio, in Atlanta, Georgia. There are far too many pitfalls along the road to justice for the average person to be able to represent themselves in personal injury cases.

Learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense at Webbdorazio.com.

Georgia DUI Convictions Tough

There is no second-guessing in instances of driving while drunk. It's a bad idea and the consequences are not a lot of fun either.

"The biggest risk people take when they drive drunk in Georgia is losing their right to drive," explained Robert Webb of Webb & D'Orazio, in Atlanta, Georgia. Being arrested for a DUI in the state of Georgia means the possibility of facing strict penalties; penalties that will follow a person for the rest of their lives.

Driving under the influence, while not a smart thing to do, does happen now and then, but even being caught once may wind up resulting in a one year license suspension, and this is for a first time offender (a person who has not had a DUI arrest in the last five years).

Unless there is a skilled DUI attorney involved in this affair, the penalties may be worse. Never make the mistake of thinking it's just a "little" offense. "Make a call to a DUI lawyer right away and discuss the case with him or her. That one call may result in the case being dropped, the charges dismissed or the penalties mitigated," outlined Webb.

For first time Georgia offenders being tagged with a DUI, a one-year license suspension is a significant blow to their lifestyle. This makes getting anywhere a major pain, so they may apply for a 30-day work permit that will let them drive to school or work, etc. While on the work permit, the first time offender may choose to complete a Risk Reduction Course and pay a fee. "Doing this may mean the reinstatement of the regular license at the end of the 30-day period," added Webb.

The first time DUI offender isn't just going to lose their license and that is the end of the matter. They may find themselves paying up to $1,000 plus other fees and court costs. This is yet another clear reason to hire a skilled DUI attorney who will go to bat for their client. While there may be no way around the minimum required one-day of jail time, sentences may range from 10 days to 12 months. "A good DUI attorney will be able to mitigate the terms of the sentencing to a certain extent," said Robert Webb of Webb & D'Orazio, in Atlanta, Georgia.

Learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense at Webbdorazio.com.

Dog Bite Liability

At some point in time just about everyone will have an experience with a dog that bites them. Be aware that every state has a different dog bite liability law.

To say that every state has its own dog bite laws and none of them seem to have too much in common, except the outcome (the bite), is a bit of an understatement. In most cases the existing laws happen to be a mish mash of statutory law, city ordinances, common law, case law and county ordinances. Despite the general over all confusion, most of the laws may be divided into one of two categories – the strict liability rule and/or the one bite rule.

You may have heard of the one bite rule, as many people are familiar with the expression, "The first bite is free." What this means is that the owner can't be held liable for injuries caused by his dog’s bite, as long as the owner wasn't negligent in controlling the dog. As you may imagine, this would be an area wide open for dispute by both parties in such a case. Call it the "he said, she said" rule of dog bite lawsuits.

There are other things that come into play in cases like this. Aside from the negligence issues, the owner must not have allowed the dog to run loose in a public location and they need to be aware of their dog's "propensity" to be dangerous. This too is a landmine area, as many owners deny their animal would hurt anyone – even if their dog isn't an angel – when faced with proof showing otherwise.

How do people realize or recognize that their dog has a tendency to be vicious/dangerous? In most instances, there are signals that owners should be able to spot as being problematic. For instance, their dog snaps at other people or animals, or they put a muzzle on their dog. A muzzle, however, isn’t always indicative of an aggressive dog as some owners muzzle their dogs to stop them from eating sticks, etc. It's a logical conclusion that the dog is likely dangerous if the owner makes it a point to tell others their dog is an attack dog or mentions their dog bites.

When it comes to the strict liability rules, this is a different can of worms. Strict liability, which is also called scienter (knowingly), says the owner is responsible for a dog bite injury whether or not the bite was the first, since they own the animal. In simpler terms, it means the owner owns the dog (legally) and therefore is responsible for it, which would include being responsible for its behavior.

Of course there are some exceptions to this strict liability rule as well, and if you are in a dog bite situation, it's better to talk to a competent attorney about your case, rather than second guess what the law may or may not be.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio. To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

Complicated Product Liability Claims

It's odd, but there are still many people who don't understand the issues involved with a product liability claim. Many are unaware of the dangers they face using poor quality products.

In this day and age when everyone needs to save money, there is a tendency to buy lower quality, or substandard items. While the item may work for a short period of time, it is virtually guaranteed not to have the kind of shelf life we would like it to have. Aside from the fact that the product likely won't last that long, the other silent threat is that the substandard quality of that product may cause the users injuries.

The U.S. Consumer Product Safety Commission's statistics indicate that over 20,000 people die annually due to using defective products. If that number isn't disturbing, then the close to 30 million individuals injured for the same reason should make you sit up and take notice. A significant number of those injured did choose to file defective product lawsuits to claim damages for their expenses, etc.

Flaws could be as simple as a faulty screw that holds a chair together or as severe as a short in the wiring of an electric appliance or tool, causing the product to explode. Sure, there may well be warning labels on the products, but the truth is that many people don't take the time to read the labels. Even with a warning label, accidents can and do happen.

Just because something went wrong with a product you were using and you were injured, does not mean that product liability laws will cover all those injuries. An important factor to understand in product liability suits is that if you mishandled or didn't use the product the correct way, it may mean you are not eligible for compensation.

If you are in a situation where you have been injured by using a poor quality product, take a moment to call a skilled defective product attorney and ask about the merits of your case. S/he will advise you, based on your circumstances, if you have a solid enough case to proceed to court.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio. To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

Law Enforcement Excessive Force

We're all fairly familiar with the term police brutality, however some people are laboring under the misapprehension that there is nothing that can be done about it.

"There is recourse available in law if someone has been the victim of police brutality or misconduct," said Robert Webb of Webb & D'Orazio, in Atlanta, Georgia.
In situations like this, contacting a well-trained attorney with experience in this area will make all the difference in the world to the eventual outcome in court. Yes, justice will be done, as even the justice system itself does not take kindly to such brute force acts.

There is a fine line between what is considered to be misconduct/excessive force and necessary force in order to deal with or subdue a suspect. Cases like this tend to be complex and evidence or eyewitness reports are crucial to make or break a case. "These kinds of cases may also deal with police officers that have abused their authority and in doing so, mistreated the people they protect and serve," added Webb.

While there are many theories why these kinds of situations arise, the most prevailing happens to be that police form a closed society, an "us versus them" mentality. "Being that they feel isolated from the rest of society and are in a position of authority, the alienation felt often drives some officers to disregard the rules and regulations everyone else is required to follow," added Webb.

There are a variety of areas where police misconduct may take place, for instance in a jail setting, the use of racial profiling, false arrests, excessive use of force when other alternatives would have been more appropriate, improper or illegal searches, and sexual abuse. The question is how frequently these kinds of behaviors manifest themselves. The answer seems to be highly disturbing.

Thanks to the ever-present cell phone with video capabilities, many more officers have been caught doing something they really should not be doing. While this may mean today's society is under more pressure and therefore the police react accordingly, it may also mean this behavior was more common than initially thought, but just not seen. "Suffice it to say that the taped evidence is finding its way into court and justice is done," commented Robert Webb of Webb & D'Orazio, in Atlanta, Georgia.

If someone feels they have been the victim of police misconduct, approach a skilled lawyer and consult with him or her about proceeding to file a police brutality claim that will see the light of day in court.

To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

A Tort or Two

A tort is an injury that falls under Tort Law. For injuries incurred under Tort Law, plaintiffs would be dealing with a personal injury lawyer.

A tort is really classified as a civil wrongdoing that may be punished in court, and in most cases the aim of taking a tort to trial is to recover damages for the harm done and to deter/stop others from doing the same thing. "The most recognizable torts are negligence, product liability, battery and assault, trespassing, and the intentional infliction of emotional distress," outlined Robert Webb of Webb & D'Orazio in Marietta, Georgia.

There is a fine dividing line between the tort categories that most tort (personal injury) lawyers adhere to – strict liability torts, intentional torts and negligent torts. Proving each of the cases in the various categories is the lawyer's job based on the skills acquired from years of practice in this area.

"In general, an intentional tort means the defendant knew the consequences of their actions before the tort was committed. The best example here would be vandalism, where the perpetrator would have a certain goal in mind – e.g. to paint the bridge with swear words – and then carry out the deed," said Webb.

A negligent tort is a bit different. It is something that happened to a person or a thing as a direct result of the defendant's actions. For instance, if someone runs a red light on the spur of the moment, it wasn't an intentional act against a particular person. However, the resulting crash harms others.

Torts that lie in strict liability refer to selling and manufacturing defective products. In cases like this, the defendant is solely judged on the basis of damages caused to someone who used the defendant's defective item. "These cases are complex and a great deal of evidence is required to prove the case. Generally speaking the proof must be in one of three defect categories," explained Robert Webb of Webb & D'Orazio in Marietta, Georgia.

The first defect category is design defect, meaning the particular defect was there before the product was created. Manufacturing defects speak to the product quality that is defective because of a construction flaw. "Marketing defects mean the instructions to use the product are flawed which means the product is misused and may cause injury," added Webb.

To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

What Med Mal May Encompass

It isn't always clear what medical malpractice (med mal) is, since it seems there are new developments in medical technology daily that raise the bar for the acceptable standard of care, creating opportunities for medical malpractice.

Generally speaking, the term medical malpractice means negligence caused by health care professionals leading to injuries or the death of a patient. Medical malpractice has no particular method or place in which it strikes. It just happens to anyone, anytime, when they least expect it.

At one time medical malpractice wasn't as prevalent, or more likely, was not recognized for what it was; thus, it went unreported. It is a situation still present today, as many people don't realize they have been or are a victim of med mal. It is far too ingrained in society not to question the wisdom of doctors when, in fact, we should always ask questions as well as be our own medical advocates.

This is something not many people know: at the time of the first visit to a physician, the health of the patient is NOT the responsibility of that doctor; however, it becomes the responsibility of the doctor once treatment has commenced. A smart patient needs to keep track of doctor's appointments, diagnosis, prescriptions and treatments.

So, what types of medical malpractice are there - the most common ones? Malpractice may happen at any time thanks to a delay in treatment, the result of medications prescribed, or even as the result of improper monitoring and/or administration of anesthesia.

In general, the most common forms of medical malpractice are birth injuries and defects, wrongful death, surgical errors, cosmetic surgery errors, breast implant malpractice, dental errors, psychiatric malpractice, and unnecessary surgery. No matter what the malpractice may be, be it a breast cancer misdiagnosis to mismanagement of a heart attack, the patient has the right to file a medical malpractice lawsuit and seek compensation for damages.

A word or two of advice about filing a medical malpractice lawsuit: do not wait or you will miss the statute of limitations. Most states have a two-year limitation, but don't assume that is the case. Speak to a highly qualified attorney and find out what the statute of limitations says in your state.

If you choose to wait longer than two years, your chances of getting compensation drastically drops, statistically speaking, which isn't to say you may not get compensation, but the chances of doing so are low. If you think you are a victim of medical malpractice, seek competent legal counsel to obtain justice.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio. To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

While You're Under for Surgery

While you don't hear about this particular type of medical malpractice that often, it does happen, and at your most vulnerable moment prior to and during surgery.

The administration of anesthesia is a delicate art, and those trained in the field are highly skilled in using and monitoring the effects of anesthesia. This isn't to say there aren't instances where this goes awry. The recent spate of anesthesia malpractice lawsuits is a good indication that this area of medicine is just as susceptible to lawsuits as other more traditional areas of medical malpractice, e.g. misdiagnosis, severe reactions to drugs, etc.

Knowing the patient prior to putting them under for surgery is the responsibility of the anesthesiologist and requires that they not only evaluate the patient, but also confirm pre-op data and keep a meticulous record of the goals of the operation. These records must contain all pertinent information about every member of the surgical team and must also include the fact that the patient was assessed for tolerance to certain anesthesia.

While the patient is under, the anesthesiologist is responsible for the correct placement of IV lines, keeping track of the ECG, oxygen levels, and the automatic blood pressure cuff. In addition, they also take the lead role for intubating patient airways and the handling and administration of the anesthesia, medicines and oxygen, etc. Every task the anesthesiologist performs becomes a part of his or her records. These records may be examined as part of a trial.

When you stop to take a look at the role the anesthesiologist has in operations, it's not too difficult to imagine something going wrong before, during or after the surgery. Things can and do happen. Every time an anesthesiologist performs their crucial part of an operation, their intentions are to do the best job they know how to do. Rarely are their intentions to botch things up. However, if an error in judgment is made, or something else goes wrong, the patient is the one who suffers the consequences of negligence.

If you feel that you have been a victim of something that went wrong while you were unconscious and being operated on, contact a skilled medical malpractice attorney. S/he will evaluate your case and advise you on how to proceed to justice.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio. To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

The Business Is Business Law

It never fails that at some point in time a company in business will be sued. It just seems to be the general law of averages.

There are a number of things that someone could be sued for, and we're going to discuss a few or the more common ones to be on the lookout for, such as a criminal investigation. One would hope that the business would never have to face something of this nature, however, depending on which industry the business is operating in, there could be as many as ten or more regulating agencies. Imagine how many things could inadvertently go wrong with that kind of government regulation.

The disturbing thing is that there appears to be a trend to target business owners, executives and the businesses themselves for investigation and prosecution of whatever rules and regulations they may have breached. It's almost a daily news item to read about yet another company up for scrutiny for some kind of white-collar crime.

In order to ensure mostly smooth sailing, a business is best advised to offer to cooperate with all government inquiries, so long as they make sure they have an experienced attorney to field any questions that arise. This is a matter of making sure everyone knows what their constitutional rights are and what procedures are acceptable to follow during a criminal investigation.

Another area that is seemingly inevitable, is the suit filed by an employee. There are so many different types of lawsuits that may be filed; it almost boggles the imagination - from age discrimination to wrongful termination, or from pregnancy discrimination to racial discrimination.

One of the best ways to avoid this type of a lawsuit is to ensure the business has exceedingly clear rules and policies drafted by a knowledgeable attorney. Stick to the rules, treat the employees with the utmost respect, and make sure your rules and policies are continuously updated.

Interestingly enough, the other area that tends to crop up fairly frequently in business lawsuits is divorce and marital problems. Most people don't give this a lot of thought, but any contracts that deal with the business should specifically discuss this eventuality (divorce), as it may affect how business is conducted.

To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

The Scope of Personal Injury

Not everyone realizes just what the scope of a personal injury may be, although often they do understand that the injury is usually the fault of someone else's negligence.

People have a passing idea of what a personal injury is – something that hurts or harms them personally. They also mostly understand that they may be able to be compensated for personal injuries if their case may be proven in a court of law. Despite the basics that people "get," there is another fact that isn't discussed too often. That fact is that there are, generally speaking, two classes of personal injury litigation.

The two classes of personal injury litigation are cases of negligence and cases of intent. In some instances lawyers will divide these cases into specialties. Generally speaking, cases of negligence mean that harm or injury has been done to a person because of the negligence/carelessness of someone else. In these cases, the victim has to prove the defendant had a duty of care to exercise reasonable caution, and didn't – resulting in harm. To put this another way, the defendant breached a duty of care.

In instances of intentional torts, there is a very clear "intention" behind someone's wrongful actions. This is an interesting area of the law, as it doesn't matter if the injury was more excessive than intended. The facts are that there was "intent" and that kicks the case into the intentional tort arena. Compensation in these cases is hard to obtain, as insurance companies don't provide coverage for things like this. The victim may still pursue the case to make sure the defendant is punished for his or her wrongful intent.

Since these types of cases are so diversified and each one has its own set of circumstances, it's wise to consult with a personal injury attorney who is able to assess the merits of the case. The attorney will be able to advise if there is the possibility of compensation or not. Don't refrain from contacting a highly skilled personal injury attorney because the case may not be clear-cut, as every case has its merits. The attorney will advise on the best route to justice.

To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

Aftermarket Motorcycle Parts Wrongful Deaths

Riding a motorbike is usually the pride and joy of the owner who does his or her best to keep the bike looking spiffy. To enhance bikes, many owners use aftermarket parts, a decision that may cost them their lives.

While aftermarket parts for bikes and cars are certainly less expensive, there is something to be said for the axiom, "You get what you pay for." Of course not all aftermarket parts are defective, but there have been more than enough motorbike accidents as a direct result of defective aftermarket parts, that this is a concern for bikers.

It is also a concern for motorcycle crash attorneys who deal with the hundreds of hours of minutia it takes to put together a successful wrongful death case. Robert Webb of Webb & D'Orazio, Atlanta, Georgia, handles motorcycle crash injuries and deaths, and has seen a fair number of problems with defective aftermarket motorbike parts.

"The usual problem with aftermarket parts," outlined Webb, "is that they may cause vibrations, instability in the suspension, or other problems that cause the rider to lose control of the bike." The results of a motorbike crash are never pretty and the rider often suffers severe injuries or death. When an accident is caused by a defective aftermarket part this becomes a wrongful death litigation, requiring the expertise of a highly seasoned lawyer such as Robert Webb.

"We know how to litigate aggressively on behalf of a rider who installed aftermarket parts trusting that they were safe," stated Webb. The major reason parts like this fail is mostly attributed to either poor initial design, the way the part was manufactured, or the materials used to make that part. "The bottom line is that if the manufacturing process is negligent and a part is defective, and that part is installed on a bike hitting speeds of over 55 mph or higher, the results may be a devastating crash," indicated Webb.

Manufacturers of defective aftermarket parts need to be held accountable for the lives of people who died using their products, thinking they were safe to install on their motorbike. A highly qualified wrongful death attorney, such as Robert Webb, will be able to find justice for the biker's family.

Learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense at Webbdorazio.com.

Medication Malpractice Deadly

Medication malpractice, also known as pharmacy error, is another leading cause of injuries and death in the U.S. today. This is something that Robert Webb of Webb & D'Orazio, personal injury attorneys in Atlanta, Georgia, knows.

Statistics on pharmacy errors in the U.S. are quite chilling – more than 1.3 million people have experienced and will experience the consequences of this type of error yearly. Of that 1.3 million total, close to 100,000 die. Those numbers are staggering and certainly make one take a close second look at the prescription they just picked up.

It's not just injuries and/or death that is the expected fall out from being given the wrong medication, it's the cost of treating these kinds of errors that should also give patients pause for thought. Treating these kinds of errors costs taxpayers, on average, over $72 billion a year. All this because someone was given the wrong medications.

Pharmacy error isn't just the result of the druggist giving out the wrong medications, although that is one of the possible errors. No, this error is also the result of being prescribed an incorrect dose. "There are any numbers of ways for errors like this to occur, and they include an improperly labeled drug, a dangerous combination of a variety of drugs and/or doctor or pharmacist negligence," said Robert Webb of Webb & D'Orazio, personal injury attorneys in Atlanta, Georgia.

One of the other more common errors is usually the result of either a sketchy knowledge of abbreviations for dispensing the drugs or the abominable handwriting of the doctor. It's not unusual for doctors to hurriedly write out a prescription that vaguely resembles chicken scratches.

Unless the pharmacist is familiar with the doctor, or takes the time to call, errors may be made in the proper dose of a required medication. For example, if the medication is to be taken two times a day (denoted by bid) and the handwriting appears to be a q (qid – 4 times a day), then the patient may wind up over dosing.

"Pharmacy errors are preventable to a certain extent by double-checking the medication with the doctor once the prescription is filled," added Webb. Try and make sure the handwriting on the prescription is legible before taking it to a drugstore, and write down the dose and medication before having the drug filled at a pharmacy. This allows cross-checking to ensure what the doctor prescribed is what was dispensed.

Learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense at Webbdorazio.com.

Personal Injuries Vary

Personal injuries may vary from a dog bite to a slip, trip and fall, but in all these instances the commonality is an injury to the person – hence the term personal injury.

While there may be a great number of personal injuries that plague people during the course of their lives, such as a minor sprained ankle that meant you missed work for a couple of days, these things are taken in stride as "life happens." Other categories of personal injuries, such as those as a result of a bad car crash, may carry hidden grief for years to come.

Car crashes inevitably cause a seemingly endless list of injuries from whiplash to a dislocated kneecap, from broken ribs to traumatic brain injury, and yes, even paralysis or death. The point is that in the case of vehicle collisions, not all the injuries are readily apparent within the first few days. It may take a longer period of time for the true consequences to show up.

Along with serious injuries or death comes traumatic stress, either for the injured person or for the family of the deceased. There are also countless medical bills, loss of income issues, loss of services, and of course pain and suffering, and/or funeral expenses. Personal injury cases with this kind of complexity require the services of a highly skilled personal injury attorney with extensive experience in the area of personal injury law.

Competent legal representation will make the world of difference when a case is taken to court, or even in the event of an out of court settlement. The problem is not many people truly understand that they have the right to claim compensation from a person or company responsible for their injuries. This is why if you are the victim of a personal injury, you need to speak with a personal injury attorney who will assess your case and discuss how to ensure justice is done.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense at Webbdorazio.com.

Med Mal Continues

While it would be nice to think that medical malpractice (med mal) was a thing of the past, the truth is it seems to be escalating.

Doctors are human beings and from a certain point of view, are also subject to making mistakes just like everyone else does. However, because they are doctors, they have a much higher standard of care to live up to because people rely on their judgment when it comes to diagnosing illness and recommending treatments.

Statistics on the number of med mal deaths across the U.S. tend to vary, but the most common figure seems to hover about the 100,000-person fatality mark. The frightening thing about that number is that less than half a percentage of those responsible for the deaths – doctors who have made errors – are called to justice for the mistakes. This is mind boggling, as one can only imagine the number of other personal injuries that go unchallenged because "The doctor said it was OK."

Deviation from accepted medical standards by a healthcare provider is called medical malpractice, or medical negligence. Furthermore, such deviation may result in injuries or death. You should be aware that there is a fine line here between med mal and diagnostic errors. Diagnostic errors may or may not constitute negligence.

In order to be able to prove med mal in a court of law there are normally four things that have to be proven. The first criterion is that there was an actual duty that existed for the medical provider or hospital to offer appropriate care to a patient. The second criterion is that there was a failure in that duty to provide the appropriate care – "to the accepted standard."

The phrase "to the accepted standard" is often one that means many different things to different medical expert witnesses in a med mal lawsuit. What is acceptable to one doctor may not be acceptable to another. In other words, this often may boil down to differences in opinion.

A perceived breach or deviation from a healthcare provider's duties must be the direct cause of a patient's injuries or death in order to launch a med mal lawsuit; and the damages being sought in court are specifically for the injury or death that was a consequence of malpractice/negligence. While this may sound fairly straightforward, the plaintiff, who carries the burden of proving all of the four points, is facing a significant struggle if there happens to be dueling expert medical witnesses called.

Having a competent and highly qualified med mal attorney to launch a med mal lawsuit isn't just an option, it is a must have proposition. Without this kind of legal expertise at your disposal, you would not stand a chance in court. Only a thoroughly knowledgeable med mal attorney has the ability to marshal all the relevant evidence and present it in a compelling manner.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense at Webbdorazio.com.

Georgia Trademark Lawyers

There are times when someone decides to go ahead and try to use a trademark that is already in existence and gets sued for trademark infringement. No one knows this better than Robert Webb of Webb & D'Orazio in Atlanta, Georgia.

Lawyers such as Robert Webb are very well-educated in the various fields of copyright and business issues and are able to advise a client facing a trademark infringement case how to proceed. One interesting thing about trademark lawyers is that although they do not have to pass specific exams to qualify to practice this type of law, they are respected members of the Georgia State Bar and are able to prosecute trademark infringements before the U.S. Patent and Trademark Office.

A good trademark infringement attorney does more that just offer advice on adopting and choosing new trademarks. They file applications to register chosen trademarks, get clients up to speed on the use and registration of the trademarks, and handle any trademark oppositions, invalidations, assignments and revocations. If a trademark has been infringed upon, the attorney steps in with expertise to deal with this issue.

Webb takes time to tell his business clients what options they have at their disposal to protect their ideas and help them make better decisions around running their businesses. This usually leads to a discussion of intellectual property and how to protect it. While it might be an expensive proposition hiring a trademark infringement lawyer, that lawyer will be worth every penny spent in protecting a client's rights.

When considering whether or not to go into business and creating a trademark, make the first call to a competent trademark infringement attorney such as Robert Webb at Webb & D'Orazio in Atlanta, Georgia. This one phone call and the advice given will save a client a great deal of grief in the long run. It might as well be done right the first time, rather than finding out later that something is amiss and illegal.
To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

DUI in Georgia Now Stricter

If you insist on drinking and driving in Georgia, then you'd better be prepared for the consequences, should you get caught.

The laws in Georgia pertaining to DUI have become stricter in the last year and this doesn't make it any easier to defend either. Having said that, everyone charged with a DUI is entitled to a criminal defense. This is where a good criminal defense attorney with extensive experience in DUI comes into play.

Georgia's DUI law states that it is a criminal offense to operate a vehicle if your ability to drive is compromised by drugs or alcohol. This applies to legal and illegal substances and over the counter (OTC) medications such as cold remedies – somewhat notorious for causing dizziness, drowsiness and other strange side effects like blurred vision.

The state of Georgia is able to prove DUI in two ways. The first one is usually the result of a police officer making an "official" note that you were driving your vehicle in an erratic manner. This is applicable even if you only had ONE drink. Or, you may face conviction if you have a BAC (blood alcohol content) of .08 or over, and this is the case even if you weren't driving poorly.

If you happen to be pulled over during a routine traffic stop and the officer strongly suspects you have been drinking, he's likely going to ask you to take a field sobriety test. You have two choices here; make the right one. The first choice is to comply, the second choice is to clam up and call an attorney who has experience in this area of the law. The second choice is the right choice and may save your license or avoid criminal charges. The worst that could happen if you refuse is that you get a free ride to the police station.

If you do choose to comply with the taking the sobriety tests, anything you say will be used against you later in a court of law. So make the smart choice, refuse to comply, don't say anything or explain anything and call a DUI lawyer. The only person who needs to hear your whole story is your lawyer.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio. To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

The Role of a Criminal Defense Attorney

Knowing what role a criminal defense attorney plays is critical when choosing a proper lawyer to assist with possible criminal charges.

A good criminal lawyer is one that, in most instances, handles a variety of different kinds of criminal cases. Some, of course, prefer to specialize. This is something a person needs to realize prior to contacting an attorney for help. For instance, if an individual is charged with the crime of murder, there is no sense in calling a criminal defense attorney that deals with white collar crime and racketeering.

The main reason people contact a criminal defense attorney is because they need someone who is eloquent, knowledgeable and intimately familiar with the criminal courts – a voice that will speak for them on their behalf, such as Robert Webb of Webb & D'Orazio, in Atlanta, Georgia.

Choosing one who has extensive experience in defending the type of crime a person is charged with is half the battle. The other half is making sure all the details of the crime and its commission, are relayed to the lawyer, no holds barred. Webb is intimately familiar with the rhythms of criminal court.

Criminal lawyers are not there to judge their clients, they are there to provide a defense because it is the law of the land – everyone is considered to be innocent until proven guilty in a court of law. The criminal defense specialist knows how to mitigate charges, perhaps get them dismissed (depending on the nature of the crime and the charge) and/or take a case to court to argue the points involved in the case. "A court appearance may ultimately result in acquittal, sentence reduction or even dismissal," said Webb.

Understanding what the criminal defense lawyer does on behalf of a client goes a long way towards diminishing the fear factor of those involved in a criminal case. The attorney investigates the facts of the case; applies for search warrants where needed; is involved in interrogating witnesses and drafting arrest complaints; handles/defends those who have been indicted; handles bail proceedings where necessary; plea bargains; and takes cases to trial. If an appeal is a distinct possibility, the criminal defense lawyer will also handle that as well.

Never under estimate what a highly skilled criminal defense lawyer is able to do to ensure the scales of justice are balanced in the defendant's favor. Contacting a skilled criminal defense lawyer such as Robert Webb of Webb & D'Orazio in Atlanta, Georgia, will ensure a just outcome to a criminal case.

To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense, visit Webbdorazio.com.

Structured Settlements in Med Mal Lawsuits

Structured settlements in medical malpractice cases make good economic sense for the future, but what happens when a cash crunch hits?

Most structured settlements from court cases are usually in the form of an annuity. However, having said that, it might be necessary for you to have some cash right now. This is something to talk to your personal injury attorney about, as many lawsuits are paying large sums from a jury award over long periods of time.

Normally, larger injury settlement plaintiffs receive their award in an upfront large amount of cash, with the rest set up to span a period of time ranging from 10 to 30 years or more. The intention is that monthly payments keep the wolf from the door. However, things don't always happen that way.

Cash crunches are not always predictable and these days with the rising costs of medical care and treatments, the usual 3 to 5% increase a year in monthly payments does not always make ends meet. While this conundrum used to pose a significant problem, the law has subsequently been amended to allow you to sell future payments for cash right now.

Some of the medical crunch emergencies may involve additional hospital or medical treatments, transportation (a new vehicle to accommodate disabilities), avoiding bankruptcy, home improvement and repair to allow for wheelchairs, walkers, etc., and any student loans that need to be eliminated. Whatever the reasons, if you need cash now, it is possible to make that happen.

Usually a finance company is interested in buying the future payments of your structured settlement for cash. If you want to sell all your future settlement payments, you may, but you may wish to hold on to some for later. A copy of your settlement needs to be sent to the finance company first to see if it is possible to buy your future payments. If it is, you must have a judge approve a court order for you to actually get your money. Ideally, the finance company will manage the court order process on your behalf.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio. To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.