Experienced Attorneys Working for You

McConnell, Sneed & Cohen is a full service general practice law firm providing a wide range of legal representation both within the metro Atlanta area and throughout the State of Georgia.

News and Events

Below are blog entries by our attorneys and new and pertinent law-related news items.

An Overview of Auto Accident Personal Injury Claims in Georgia

Robert Sneed - Tuesday, April 10, 2012

Claims for personal injuries suffered in an auto accident fall under the general category of tort actions.  A tort is nothing more than a civil wrong for which a remedy may be obtained in the form of damages.  In the context of an auto accident, the civil wrong is the negligent operation of a motor vehicle.  In other words, whatever action the other driver took or did not take that caused the accident and your injuries.

Under Georgia law, you may only recover once for your injuries sustained in an auto accident.  This is so litigation has finality and does not become an endless succession of claims.  Therefore, all claims for your personal injuries must be presented at one time.  However, Georgia law permits you to settle your claims for property damage separate from your claims for personal injury.  This allows you to be paid for the damage to your vehicle while you continue to treat for your injuries.

Compensation is the underlying principle that guides the determination of damages in a personal injury action.  Compensatory damages are divided into two broad categories: special damages and general damages.  Special damages include payment for your medical expenses in addition to compensation for lost wages.  General damages provide compensation for pain and suffering as well as payment for any diminished capacity to work and labor you may have suffered. 

In addition to claims for special and general damages discussed above, there are several other claims you may be able to assert based on the particulars of your accident and injuries.  These include claims for punitive damages (damages meant to punish and deter), interest on damages awarded, and attorneys’ fees.  Furthermore, your spouse may be entitled to assert a claim for loss of consortium.  A loss of consortium claim compensates your spouse for the loss of your services, society, and companionship (your ability to perform household chores, take care of the kids, etc.).    

As you can see, there are a wide variety of claims that may be asserted to provide compensation for injuries sustained in an auto accident.  Insurance companies take advantage of this complexity and will often offer to settle your personal injury claims for less than the full amount you are entitled to receive.  The attorneys of McConnell, Sneed & Cohen have the knowledge and experience to guide you through the claims process and ensure that you receive the compensation you deserve.  Contact us today to schedule a free initial consultation regarding your injuries.

Comments (0) | Trackbacks (0) | Permalink

Do You Have a Claim for Medical Malpractice?

Robert Sneed - Wednesday, February 01, 2012
The short answer is:  

You probably don’t know so you need to ask an attorney, who probably doesn’t know either ...  

In any medical malpractice action, the key issue is: Did the treating medical professional breach the standard of care, thereby causing an injury to the Plaintiff?  The only way to find out the answer to this question is to ask an attorney…who likely doesn't know the answer.  Attorneys are not doctors and, therefore, they do not know the standard of care in most medical situations.  There are, of course, extreme examples such as a physician amputating the wrong arm or leg; however, 99% of the time, the standard of care is unknown to both the client and attorney.  So why bother asking someone a question that they don’t know the answer to?  Because a medical malpractice attorney can find out the answer by seeking the expert opinion of the appropriate medical professionals.    

In Georgia, like most states, Courts require that a Plaintiff attach the affidavit of an expert to any claim for medical malpractice.  If a Plaintiff files a Complaint without the Affidavit, the case will be dismissed, even if it seems as obvious as the amputation example above.  Georgia law is very specific with regard to which medical professionals are fit to testify in any given case.  For example, a thoracic surgeon likely cannot testify in a case involving podiatry and vice versa.  If your attorney chooses an expert that is not fit to testify, your case will be dismissed.  Accordingly, it is very important to find the right attorney…who can, in turn, find the right expert.  

Choosing an expert can be the single most important task in any medical malpractice action.  First, the expert acts as a gatekeeper.  A good expert will be forthcoming with regard to whether a breach has occurred.  Most attorneys can probably pay for any opinion that they want; however, using an expert that will say whatever you want is not as good as it sounds.  You don’t want to spend the money to litigate a case that you will ultimately lose.  If you don’t have a case you can win, it is best to know up front and save yourself the time and expense of litigation.

Second, medical malpractice cases often end up as a “battle of the experts”.  Generally speaking, medical malpractice trials often boil down to whose expert is more believable to the jury.  Accordingly, you will want to have a very well-credentialed expert to testify in the event that your case goes to trial.  For this reason, it is often advisable to use an expert that both practices in the field and holds a teaching position.  All other things being equal, it is more likely that a jury will side with the Head of Podiatry at Duke than with Frank, the podiatrist with an office next door to Pizza Hut at the strip mall down the street.  

The right expert can be difficult to find, particularly for Plaintiffs because doctors are often reluctant to testify against another doctor.  Thus, if you think that you may have a medical malpractice claim, you need to ask a medical malpractice attorney sooner, rather than later…even though they don’t know the answer.

If you believe we may be of assistance to you and you wish to discuss your situation with an experienced attorney without any charge or obligation, contact our office. 
Comments (0) | Trackbacks (0) | Permalink

1

Recent Posts

Tags

Crocs child car accident business law tort reform settlement foreclosure Wrongful Death atlanta underinsured motorist Doctor trademark real estate personal injury recovery Professional Negligence escalator Expert auto accident mediation child injury law Med Mal contract law intellectual property punitive damages insurance injury medical malpractice uninsured motorist

Archive


Disclosure   |   Site Map
990 Hammond Drive, Suite 840 Atlanta, Georgia 30328
404-665-3090 tel   |   404-665-3476 fax
©McConnell, Sneed & Cohen, LLC. All Rights Reserved.
Web site powered by Logicblock's Online Business Builder