On Feb. 15, 2012, a man from Taylorsville was hurt and flown to Atlanta Medical Center in an air ambulance after a crash that caused serious congestion on Old Alabama Road near Cartersville’s airport, Cartersville Patch reported.

According to Georgia state police, Anthony Lewis Bryant, 50, was driving a Jeep Cherokee west on Old Alabama Road, when his SUV veered off the road, crashed down an embankment and hit a tree.

The road was closed for hours and the driver suffered serious injuries that meant he had to be airlifted to a local hospital after he was trapped in his car.

Bryant was later cited for failing to maintain his lane. No other vehicle was involved in the crash.

Failure to maintain a lane may not be as serious an offense as others such as speeding or driving under the influence of alcohol but a careless lane change can be potentially deadly.

Recently police in Kennesaw, GA charged a 50-year-old Doraville man in a traffic accident that killed a jogger on Jan. 26, 2012, the Associated Press reported.

Cobb County police charged William Benton over the death of Jeffery Ingram, 32 of Kennesaw. Ingram was on an early morning run when he was hit by a car. He died of his injuries the next day.

Benton has been charged with failure to maintain lane and second-degree vehicular homicide.

Sadly, pedestrians are often victims on the highways of Georgia. Recently our experienced Rome, GA car wreck lawyers, reported on the death of Catherine Lynn Hand, a 22-year-old pedestrian from Rome, who was mown down by multiple vehicles on Feb. 17, 2012.

In many cases failure to maintain a lane may be the tip of the iceberg.

Our Marietta, GA car accident injury attorneys have seen a litany of dangerous situations. In 2009, for example, two Marietta police officers were fortunate in being able to stop a potentially deadly situation on I-75 when they stopped a speeding driver who was also traveling the wrong way.

Such a scenario is clearly a recipe for disaster on the highway and an ill-advised lane change can easily result in a wrongful death lawsuit.

Cartersville Per­sonal Injury Lawyers

If you have been injured by a drunk dri­ver or an oth­er­wise intox­i­cated dri­ver on the road­ways of Cartersville, Marietta or any­where in Geor­gia, con­sider con­tact­ing an expe­ri­enced Geor­gia per­sonal injury attor­ney. For more than 20 years, the Acci­dent and Injury Lawyers at the Keener Law Firm have focused their prac­tice on rep­re­sent­ing indi­vid­u­als and fam­i­lies cat­a­stroph­i­cally injured or killed in all types of injury inci­dents, includ­ing auto acci­dents, motor­cy­cle acci­dents, truck­ing acci­dents, wrong­ful death, drunk dri­ving (DUI) acci­dents, prop­erty dam­age, and insur­ance bad faith.

But an accident that occurred on Feb. 17, 2012 in which a woman was hit by several vehicles on Shorter Avenue in Rome, is particularly shocking.

Ernie Studard, the Floyd County Deputy Coroner, said that Catherine Lynn Hand, a 22-year-old pedestrian from Rome, was pronounced dead at the Floyd Medical Center Emergency Room in the early hours of Feb. 18, 2011, the Rome News-Tribune reported.  The News-Tribune reported she was hit by multiple vehicles just before midnight on Feb. 17 as she attempted to cross Shorter Avenue in West Rome.

“A semi truck traveling eastbound on Shorter Avenue crested a hill just before Shorter Industrial Boulevard and struck her in the roadway,” the News-Tribune reported.

The impact of the collision knocked the woman into the westbound lane of traffic where she was struck by another vehicle. She was then hit twice more by oncoming traffic.

Although the facts of the Rome death are not yet fully known, our experienced Marietta injury lawyers are concerned about a series of pedestrian deaths in Georgia.

On Octo­ber 232011 we reported on the death of a female pedestrian in DeKalf County. She was struck and killed by a Jeep Chero­kee on More­land Avenue and Con­sti­tu­tion Drive. 

As expe­ri­enced Rome, GA pedes­trian acci­dent attor­neys, we real­ize that many of these types of acci­dents are “hit and run” acci­dents in which the dri­ver of the vehi­cle leaves the scene of the crime. 

Distracted driving is also a significant cause of pedestrian deaths. Dur­ing the last week of August, 2011, in Clayton County, GA three teens lost their lives after being hit by a car dri­ven by a woman who was under the influence of anti-depressant drugs and was talk­ing on a cell phone.

In the wake of the impact 16-year-old Tony Bishop died on the road­side; 17-year-old Octavius Sor­rells died soon after being transported to Grady Memo­r­ial Hos­pi­tal.  Tim­o­thy Aaron, 17, was also taken to Grady with a seri­ous brain injury where he died after being taken off of life support.

Police say the three teens were walk­ing in the emer­gency lane in an east­bound direc­tion near the inter­sec­tion of I-675 when they were hit by car driven by 48-year-old Priscilla Dianne John­son.

If you lost a loved one in a pedestrian accident you should contact an experienced Rome, GA accident injury lawyer.

The measure was welcomed by cycling groups and we welcome it as Marietta cycling injury attorneys. Sadly it hasn’t stopped the spate of deaths and injuries on the roads of Georgia, although it will take more time for the official statistics to be compiled.

In December 2011, Mark Jidov, a 56-year-old cyclist, was killed in Loganville, GA when he was hit behind by a Chevy S10 driven by a 16-year-old driver who had his license for about five months.

Sadly recklessness in relation to cyclists appears to all too common on the roads of Georgia. Indeed a cyclist was killed in Atlanta just days after the new law took effect last year.

The Georgia Bikes Alliance cited 2,819 accidents involving cyclists from 2004 to 2006 in the state. Of these 1,049 involved a car and a cyclist traveling in the same direction. These are the kind of accidents the new law was enacted to prevent.

The alliance pointed to the deaths of 34 cyclists in 2004–2006. And over a three-year monitoring period 54 percent of those killed were in straight line accidents in which cars or other vehicles were traveling in the same direction.

This finding was consistent with a University of North Carolina Safety Research Center study of six states that found motorists passing too closely resulted in just 1.2 percent of accidents but 22 percent of those crashes led to serious injuries or deaths.

Given their vulnerability, cyclists are more likely to die of head injuries than other road users and young cyclists are the most vulnerable. Head injuries account for more than half of all cyclist deaths. A study from New York City put the figure at 74 percent.

The New York research said more than 90 percent of bicyclists who were killed were not wearing helmets. Indeed there is considerable evidence far too few cyclists are wearing helmets that would improve their chances of surviving an accident.

A study by Safe Kids USA found only 41 percent of children aged between 5 and 14 surveyed at selected sites were wearing a helmet.

While drivers need to make sure they give cyclists a wide berth when passing them, cyclists also have a responsibility to do all they can to maximize their own safety.

At the Keener Law Firm our experienced Marietta injury attorneys have more than two decades of experience in helping victims hurt on the roads of Georgia.

A malfunction in the electronic cigarette caused it to explode, causing serious injuries. A faulty battery is thought to have sparked an explosion in the victim’s mouth, taking out some of his front teeth and a part of his tongue and seriously burning his face, the Associated Press reported.

“The best analogy is like it was trying to hold a bottle rocket in your mouth when it went off,” said Joseph Parker, division chief for the North Bay Fire Department, told AP. “The battery flew out of the tube and set the closet on fire.”

Apparently fire investigators don’t yet know the brand of electronic cigarette, the type of battery that exploded or the age of the device. It appears that the battery was a rechargeable lithium battery because a recharging station and other batteries were in the room where the explosion took place.  Thomas Kiklas, of the Tobacco Vapor Electronic Cigarette Association told AP he was not aware of problems with the cigarettes or batteries exploding.

Nevertheless, as a metro Atlanta, GA injury lawyer, I’m  alarmed by the severity of this incident and hope the victim makes a recovery.

For years smokers have faced another other safety hazard in the form of exploding cigarette lighters. The scale of this problem was made apparent in 2006 in a report by the Consumer Product Safety Commission which found there were more than 4,100 injuries linked to lighters in the U.S.A. in seven years up to 2005.

The victim in Florida may want to consider a personal injury lawsuit against the manufacturer of this device.  As Marietta personal injury lawyers we are here to help anyone injured by defective devices.

Back in 1894, Georgia was the first state in the country to commercially mine the mineral, Asbestos.com reported.

As Atlanta wrongful death lawyers, we are concerned about the dangers of asbestos, a mineral that was widely used in the building trade, the military and shipbuilding before its harmful effects were fully known. Asbestos problems are usually out of sight, out of mind. But sometimes asbestos makes the headlines.

In 2005, Georgia’s State Department of Natural Resources investigated an alarming incident in which “multiple piles of garbage, including asbestos materials, were dumped illegally on the east side of Amicalola State Park,” Asbestos.com stated.

Investigators looked at how these heaps containing picnic tables, rusty barbeques and wire came to be abandoned in this Atlanta park in 1999.

“The disposal of asbestos is highly regulated in Georgia and the illegal dumping may have put park attendees at risk for asbestos-related disease. Amicalola hosted 900,000 visitors in 2003, making it one of Georgia’s most popular parks,” the Asbestos.com website reported.

Asbestos is found naturally in Georgia. Almost all of the natural asbestos found in the state forms along the Appalachians with the majority of deposits found in Rabun and White Counties.

Asbestos is associated with mesothelioma, a rare but deadly form of lung cancer. According to the Mesothelioma Cancer Alliance, a body dedicated to serving victims and their families, the disease develops in the thin layer of cells lining the body’s internal organs, known as the mesothelium. Airborne asbestos fibers are the culprit.

 The prognosis for people who develop mesothelioma is grim, although survival rates are better if it is caught in the early stages.

Many victims and their families seek legal help in the face of this terrible disease. A 2007 report in the Insurance Journal quoted a study from RAND Corp., a nonprofit think tank, which said more than 730,000 asbestos lawsuits were filed nationally through 2002. At least 8,400 defendants have paid more than $70 billion, according to the study.

In 2007, Georgia governor Sonny Perdue signed a bill stipulating that only people who became sick through exposure to asbestos would be able to sue companies that used the material. The legislation means only people who can show they have suffered a physical impairment from exposure to asbestos, could file a claim. The law also applies to silica exposure.

“This would allow people that are truly sick to move to the front of the line,” the bill’s sponsor, state Sen. John Wiles, R-Marietta, said in 2007.

We rep­re­sent per­sonal injury and wrong­ful death vic­tims and their fam­i­lies through­out that state of Geor­gia in Alpharetta, Atlanta, Can­ton, Cham­blee, Chat­ta­hoochee Hills, Clark­ston, Col­lege Park, Dal­las, Dal­ton, Decatur, Dorav­ille, Dou­glasville, Dun­woody, East Point, Fair­burn, For­est Park, Franklin­ton, Grif­fin, Hapeville, Johns Creek, Jones­boro, Lake City, Litho­nia, Lizella, Love­joy, Macon, Mari­etta, Mil­ton, Mor­row, Moun­tain Park, Nor­cross, Pal­metto, Payne, Pine Lake, Riverdale, Rome, Roswell, Sandy Springs, Sof­kee, Stone Moun­tain, Tucker, Union City, Walden, and Wood­stock, Georgia.

Call toll free at (800) 900‑2400 or locally at (770) 955‑3000 for an absolutely free and com­pletely con­fi­den­tial consultation.

When nursing homes score badly in inspections, it means residents often aren’t getting the care they deserve. It may be they are being neglected or overmedicated. In some cases problems at nursing homes have led to medical malpractice lawsuits or even wrongful death lawsuits.

The sobering news from the latest federal ratings is that nursing homes in Georgia, seem to be faring particularly badly.

“In Georgia, more than one in 10 nursing homes have consistently received one star in the Centers for Medicare & Medicaid Services rating,” stated Florida Today.

One star ratings are awarded to nursing homes “much below average” compared with other homes in their state, according to CMS. Issues that can lead to a one star rating include dirty linens and equipment, mistreatment and unlicensed caregivers or specialists working at the facilities.

Nationally there was a general improvement in the standard of nursing homes. Unfortunately, the worst establishments are often failing to improve. In total more than 560 of America’s nursing homes have not budged for the past three years from their lowly one-star federal government rating.

The ratings are based on regular inspections. The federal government contracts with states to go into nursing homes about once a year.

Our Atlanta, GA nursing home law firm, has represented clients who have suffered a host of problems at nursing homes.

Injuries and accidents at nursing homes may include:

• Bed sores (Also called “decu­bi­tus ulcers” or “pressure sores”)
• Med­ica­tion errors, such as overmedication
• Dehy­dra­tion or malnutrition
• Stran­gu­la­tion or asphyxiation
• Injuries caused by bed rails or other phys­i­cal restraints
• Repeated falls
• Wan­der­ing (Also called “elopement”)
• Phys­i­cal assault or sexual abuse

In extreme cases federal funding can be withdrawn from poor nursing homes. In 2007, for instance, agencies took action against Moran Lake Nursing Home and Rehabilitation Center in Rome.

The Georgia Department of Human Resources’ Office of Regulatory Services closed the facility after numerous poor inspections that found it violated federal and state regulations, the Atlanta Journal Constitution reported.

In September, 2010, the operator was ordered to pay $43.5 million in a wrongful death lawsuit. Loretta Terhune, whose 80-year-old father, Morris Ellison, died in 2007, said the home failed to provide adequate care.

“Her father, who was admitted to the facility a year earlier, fell numerous times, breaking his hip in one instance, according to the lawsuit. The nursing home also did not notify Ellison’s doctors or family of his injuries,” the Journal Constitution reported.

As a Georgia wrongful death attorney, I find the circumstances of this case to be disturbing. And while the latest set of government ratings do not automatically equate to neglect and abuse at one tenth of all of the state’s nursing homes, they certainly raise a red flag about conditions at many of the state’s residential facilities.

Our Marietta, GA injury lawyers, are concerned about the conditions at many of the state’s nursing homes. If you or a relative has been injured or neglected at one of these facilities, con­tact the Georgia mal­prac­tice injury attor­neys at The Keener Law Firm today for effec­tive, vig­or­ous legal representation.

Heirs of Gwyneth Williams, a woman who died in 2007, filed a wrongful death lawsuit against The Landings, a golf and residential resort on Skidaway Island near Savannah, the Atlanta Journal Constitution reported.

The Supreme Court of Georgia has been hearing the case this week, including the gruesome details of the victim’s death. An autopsy found she died of massive bleeding caused by an attack from the 130-pound alligator. Williams’ heirs asked the Georgia Supreme Court on Feb. 6, 2012, to rule that the association should have taken steps to remove the alligator from the community.

The counter argument put forward by the homeowners association and the golf course, is that they should not be held liable for wild animals that wander onto their property. Lawyers for the landowners argued it would be almost impossible to regulate wild animals getting onto the property.

As experienced Georgia (GA) wrongful death lawyers, we are appalled by the circumstances of this case and our thoughts are with the family members who have taken on this upscale property in the court room.

This Savannah wrongful death lawsuit that has made headlines, goes beyond the claim that staff were lax in allowing gators onto the property.  Ms Williams’ family claimed the owners of the island created a system of more than 150 lagoons and waterways to drain the water from low-lying areas. While this may have allowed hundreds of people to live in the area, it also made it a popular haunt for gators. Were they putting residents and visitors in peril?

Lawyers acting for the family argued gators sunning themselves  and prowling around were a common sight, and the resort failed to take action.

The landowners say they are protected by a long-held legal doctrine that protects landowners from a wild animal that wanders onto the property. They argued aggressive alligators were removed.

As an Atlanta wrongful death attorney, I am watching this case closely. In recent weeks we have seen the issue of liability of a landowner or the manager of a real estate complex for actions that take place on the property, come under the microscope.

In another wrongful death case in Tennessee, for example, the family of slain basketball star Tina Stewart has added the Raiders Crossing Apartments as well as its management company to a $20 million wrongful death lawsuit it filed against the woman accused of killing her, the Tennessean reported.

Lawyers acting for Stewart’s family say an off duty police officer who was working at the apartment complex failed to get the police involved when the defendant was caught smoking marijuana before the killing.

Both of these cases have the potential to test the boundaries of the degree of liability on landowners or property managers in their respective states.

The 2010 Urban Mobility Report, which looked at traffic congestion in the 439 U.S. urban areas, ranked Atlanta as eighth worst in the country. Other surveys have pointed to an even more serious problem in Atlanta.

The gridlock means people spend more time in traffic and pollution levels are increased. The impatience engendered and the stop and start conditions also result in more personal injury accidents.

A new report in the Atlanta Journal Constitution says a project that was intended to alleviate some of Atlanta’s congestion problems, is now in danger of foundering.

State leaders have rejected the use of private money in toll lane project on I-75 and I-575 that is expected to cost almost $1 billion.

Now the whole strategy is in the balance. “The state’s plan is for a 285-mile, $16 billion optional toll lane system to grow over decades, vanquishing traffic jams for any driver willing to pay,” the Atlanta Journal Constitution stated.

Tolls are not popular. At the same time, cities such as Atlanta are trying to get to grips with a mounting problem with regular snarls at locations such as Spaghetti Junction or the Downtown Connector.

Wrecks are a common sight on these chaotic highways during peak hours, and while some are merely fender benders, there have also been many serious injuries or deaths at peak times. There was a fatal hit and run accident on the Downtown Connector as recently as September, 2011.

There are a myriad of problems that can leave victims wondering where to turn. Our experienced Atlanta, GA personal injury lawyers recently wrote about how we can help if you are hurt by a hit and run driver.

Pro­tect your rights, and make sure you con­tact a per­sonal injury attor­ney in Atlanta as one of the first things you do after you are hurt in a hit and run, and any other kind of accident.  At The Keener Law Firm, our Atlanta injury lawyers work aggres­sively to pro­tect the rights of those injured in hit and run acci­dents.  Con­tact us today, and let us put our expe­ri­ence, skill and knowl­edge to work for you.

Litigation on this issue moved forward on Jan. 26, 2012, at a hearing in Miami, FL, when lawyers sought to coordinate the many transvaginal surgical mesh lawsuits that are presently being brought across the USA.  Lawyers have filed motions with the U.S. Judicial Panel on Multidistrict Litigation (JPML) representing women who say they suffered injuries after being implanted with vaginal mesh, which has been used for the treatment of stress urinary incontinence (SUI) and pelvic organ prolapse (POP).

As an Atlanta medical malpractice attorney I’m alarmed to say the least at the widespread nature of the problems that are coming forward with big lawsuits being brought against three manufacturers — American Medical Systems, Inc., Boston Scientific Corp. and Ethicon, Inc.

This has been a problem in Atlanta and beyond for some years and it’s not as if the regulators haven’t had time to make patients aware of the dangers.  In October 2008, the U.S. Food and Drug Administration issued a notice about transvaginal surgical mesh.  It said the FDA had received more than 1,000 reports from nine surgical mesh manufacturers of complications that were associated with surgical mesh devices.  Painful complications listed by the FDA included  bowel, bladder, and blood vessel perforation during insertion of the mesh and pain and discomfort in the wake of operations.

The regulation, or in this case, the lack of regulation of these products, is a cause for concern. These vaginal mesh products were approved through the FDA’s controversial 510(k) fast-track approval process, a system that’s more than 35 years old and under fire.  Unlike drugs there is no testing requirement under 510 (k). The only requirement is that a product should be substantially equivalent to a device that has already been approved for sale. This controversial approval process was also used for DePuy hip transplants – another device that has led to intense suffering for patients, not to mention multiple lawsuits.

Recently the FDA sent out a letter to manufacturers of mesh products calling for new post-marketing studies on transvaginal mesh.  This seems like a clear case of closing the stable door after the horse has bolted, although if it helps bring change in the regulation of surgical devices, some good will have come out of it.

Unfortunately, change has come too late to help many women who have been left in pain by faulty devices that studies have shown provide little clinical benefit.

As Mari­etta per­sonal injury attor­neys we urge women out there who may be suffering in silence to seek advice. More women are joining lawsuits by the day. It’s to be hoped that this debacle can eventually result in a reform in an outdated system of regulating medical devices.
If you or a loved one is suffering from the use of this device, con­tact the Atlanta malpractice injury attor­neys at The Keener Law Firm today for effec­tive, vig­or­ous legal representation.

At the Keener Law Firm, we believe in 100% client satisfaction.  We added the live feature option to our site so that clients can have even their most difficult questions answered.  Our representatives have been trained to ask certain questions to help uncover important details for our lawyers.  By using our live help option, you can be assured that every word of your chat is completely secure.  All chats are sent directly to a lawyer at our firm and you will be contacted almost immediately.

It is important to remember that this feature is here only to help you find what you need quicker, and not to interrupt you.  We want to work with you and this may help us get in touch with you sooner.  The Keener Law Firm encourages our visitors to try the live chat and see how it may help them.  The Keener Law Firm is a based in Marietta, Georgia, and we look forward to working with you and Putting You First!

I admit I was surprised to learn that Luther had agreed to settle his Georgia Workers’ Compensation case for only $13,000.  $13,000! I thought, after listening the facts of his case, I knew it was a strong six figure case.  The insurance company had unfortunately taken advantage of this Luther.  They knew this was his first and only workers’ compensation case and that he didn’t know the law.  Sure, he “looked the laws up on the internet;” but, unless you live and work in the Georgia Workers’ Compensation system every day for a living, there is no way to fully appreciate how the laws are actually applied.

After talking with Luther a little more, it was clear to me that he had been ripped off by the insurance company.     I asked him about his condition and he only had vague understanding about the severity of his injury.  However, he did know that the doctors wanted to perform surgery and that he wanted the surgery.  He told me, he didn’t push the issue because “the insurance company didn’t want to pay for it.” Didn’t want to pay for it?  How is that relevant I thought?  The simple answer … it’s NOT.  They have to pay for what is necessary and caused by the job injury.

I asked Luther about his PPD rating and whether his restrictions were permanent and of the insurance company had complied with the WC240 process as they wanted to put him back to a “light duty job”.  He truly had no idea.

Luther was the victim of an unscrupulous insurance company that took advantage of his lack of knowledge when settling his claim.    Luther thought the insurance company was doing the right thing and that he didn’t need a Georgia Workers’ Compensation lawyer.  Luther thought that since he wasn’t “having problems” with the insurance company, the insurance company must be doing the “right thing.” (Never mind their clearly wrongful refusal to pay for the surgery this man needed.)

Insurance company adjusters are loyal to their employer, the Georgia Workers’ Compensation Insurance Company, not you.  The adjusters do this every day for a living.  They have hundreds of lawyers helping them know and understand the law and helping them make sure they pay as little as possible on a claim.

Luther said he hadn’t hired a lawyer because he didn’t want to get involved in a lawsuit.  He said he wasn’t the “suing kind.”   He didn’t want to “sue” his employer, and I can appreciate that statement.  What Luther didn’t understand was that Georgia Workers Compensation proceedings are not the same as a conventional “lawsuit.”  Georgia Workers’ Compensation is handled through what is known as an administrative proceeding.   Whether Luther had a lawyer or not, the claim is filed the same way.   Not as a “lawsuit,” but as an administrative proceeding with the Georgia State Board of Workers’ Compensation.

As a Georgia Workers’ Compensation lawyer with more than 20 years experience, Mr. Russell Keener is well versed with the Georgia Workers’ Compensation law and will help you receive the full value of your case.   The Keener Law Firm of Marietta is not looking to take advantage of the system.  We have no interest in doing anything underhanded, sneaky or tricky.   Through our years of experience The Keener Law Firm will help injured Georgia Workers fully understand and appreciate the gravity of their injury and understand how the injured Georgia worker is protected by Georgia Workers’  Compensation law.  The lawyer for the Georgia Workers’ Compensation insurance company and the adjuster for the Georgia Workers’ Compensation insurance company will never tell you all you need to know.  Why would they?  It’s to their advantage to keep you in the dark.  Even going so far as telling the injured worker “you don’t need a lawyer, they will just take your money.

The Georgia Workers’ Compensation insurance company will treat you (as the saying goes) “like a mushroom”.  That means they will keep you in the dark and feed you manure.  Don’t be left in the dark about your Georgia Workers’ Compensation claim.  Call a reputable Georgia lawyer specializing in Georgia Workers’ Compensation Claims.

Had Luther gotten a competent lawyer to help him, he would have gotten the surgery he needed and put far more money in his pocket than he did on his own.

Mr. Keener has helped injured workers in Georgia for over 20 years.  You deserve the best.  For a free, private case evaluation, call attorney Russell Keener at the Keener law Firm at 770–955-3000.

See what our clients say about us.  Click HERE.

To qualify for Social Security Disable Worker’s Benefits, you must have a disability that makes you unable to work at virtually any job for at least 12 months, have enough years of employment to qualify as “insured,” and apply for benefits soon after you stop work. It is important to remember that if you have a spouse or any children, be sure to list their names on the application.  Once approved for Social Security disability benefits you receive on-going monthly benefits for yourself and your dependents, and medicare coverage for 24 months of disability.  Some applicants might be eligible for both Social Security Disability benefits and SSI benefits.

But what happens if the Social Security Administration denies your application?  If this happens you can request reconsideration within 60 days of receipt of being denied.  If you do not receive benefits at reconsideration, you will have another 60 days to appeal to an Administrative Law Judge (ALJ) for a hearing.  However, we suggest before you try to solve this yourself, we recommend you call The Keener Law Firm.  Let our professional attorneys review your case at no charge.  Russell Keener has more than 20 years of experience and he is here to put YOU first!

Contact the Keener Law Firm for all of your SSDI needs. Call now:  (800) 900‑2400

Any injury arising either on the job or through the negligence of another has two damage components, general damages and special damages. Special damages are the easiest to identify and calculate.  Basically, open your checkbook and see what checks were written or money (payroll) that is missing because of your injury and those are your special damages.  General damages, on the other hand, are damages that are real, but more difficult to calculate.  General damages would include, but are not limited too, your pain and suffering and your loss of use and enjoyment of life.

A workers’ compensation case combined with a third party action (an injury arising from the fault of someone, or a business, other than the one from whom you get your normal paycheck) allows you to collect a reimbursment closer to the full value of your injury.  It allows you to collect both general damages and special damages.

With this information there are still things you must watch for in a Georgia Workers’ Compensation case.  The law gives the Georgia Workers’ Compensation Insurance company the ability to try to get some of their money back from your third party action, this is called subrogation.  The hurdle they have to overcome is that before they are entitled to collect a subrogation from your thrird party action, they have the burden of proving that the money you received from your third-party action makes you “whole”.  Not surprisingly, this is called the Georgia “made whole doctrine.”  This is an extremely difficult burden for the Georgia Workers’ Compensation Insurance Company to prove, but can be annoying if your Georgia Workers’ Compensation lawyer failes to make provisions in your Georgia Workers’ Compensation Settlement whereby the employer/insurer agree to waive their “subrogation rights”.

Additionally, if your job injury is serious enough to cause you a permenant disability that prevents you from being able to work in the future (given your limitations, age, education, and work experience), you may be entitled to Social Security Disability benefits.  Social Security Disability benefits (SSDI) is a Federal program.  Georgia Workers’ Compensation is a state program.

If you have been injured on the job by a person or business other than your employer and/or if the resulting disability may qualify you for SSDI benefits, you need a Marietta law firm capable of handling all three claims.  The interaction of these three case areas is very delicate and complex.  While you could hire three different law firms, one for the workers’ compensation claim, one for the third party action, and one for the SSDI clsim, why would you?  By handling all three claims at one firm, you have one point of contact for all of your cases.  By using one law firm, all of your medical records, which are necessary in all three cases, are in the same place.  By using one law firm, you can rest assured that the interaction between the three claims is considered and worked to your benefit.

The Keener Law Firm has more than 20 years of experience representing the injured and disabled.  We are familiar with how your Georgia workers’ compensation case interrelates with a Georgia 3rd party action and a potential SSDI claim.  We also offer a free, private consultation.  You can reach us at 770–955-3000.  See what our clients say about us by clicking HERE.

The License can wait

The title says it all, and this trend is one we are seeing throughout the country and even in Marietta.  So why the change?  A few reasons for the decline in teenagers getting their driver’s licenses may include the high price of gas and the ease of electronic communication.

The University of Michigan’s Transportation Research Institute reports that from 1983 to 2008, the percentage of 16-year-olds who got driver’s licenses fell from 46.2 percent to 31.1 percent, and among 17-year-olds the percentage declined from 68.9 percent to 50 percent. For 18-year-olds, the rate fell from 80.4 percent to 65.4 percent.

Economic factors, along with the rise of cell phones and other devices that reduce the need for face-to-face interaction, may be behind the trend. But the TRI also notes that among the older population, the trend seems to be traveling in reverse: In the same time period, the percentage of drivers in the 60 to 64 age range rose from 83.8 percent to 95.9 percent; among drivers 65 to 69, license holders increased from 79.2 percent to 94 percent; and for adults 70 and older, the percentage increased from 55 percent to 78.4 percent.  Improved health and the need to continue working past the traditional retirement age may be driving the increase as well.

No matter your age, The Keener Law Firm reminds you to stay safe on the roads.  Texting and that cell phone call, can wait.  Keep your eyes and attention on the road in front of you.

Following are several tragic stories involving DUI accidents and their consequences for injured victims.

Headline: Jury Awards $14 Million in DUI Crash Lawsuit

According to the Fort Meyers News-Press, a Florida jury awarded a family $14 million in a lawsuit filed over the death of two of their sons in a drunk-driving crash. The accident occurred in 2007 when a man who had been drinking all night at a local bar hit the truck the two young boys were riding in at about 80 mph. In 2008, the defendant pleaded no contest in the criminal case and was sentenced to 15 years in prison.

Headline: DUI Wrongful Death Settlement Reached with Former New York Yankee

According to the NY Daily News, former New York Yankee baseball player, Jim Leyritz, reached a settlement with a Florida family over the DUI wrongful death of Fredia Ann Veitch, who Leyritz hit and killed with his car in December 2007 while he was driving drunk. As part of the settlement, Leyritz will pay the family $250,000 and, starting next April, $1,000 a month for 100 months. Leyritz is awaiting a criminal trial on charges of manslaughter.

Headline: Bar To Pay Damages In Fatal Drunk Driver Crash

According to the Atlanta Journal-Constitution, a sports bar in Austell, Georgia agreed to pay $1 million to the widow of a man killed by a drunk driver who was allegedly over-served by the bar staff. The lawsuit claims that in October 2008, The Sports Grill served alcohol to William Paul Davis IV when he was already drunk. Davis then crashed his car into Cuneyt Erturk’s vehicle, killing Erturk. The judge also sanctioned the bar after it was discovered that they destroyed video tapes and bar tabs that showed Davis drinking.

Headline: Bar Found Liable In DUI Crash Lawsuit

According to the Philadelphia Inquirer, a jury awarded $6.8 million to a Pennsylvania woman who was injured in a car crash caused by a drunk driver. The jury found the Famous Mexican Restaurant & Bar in Coatesville, Pennsylvania, liable for continuing to serve alcohol to Omar Villalava-Martinez, even after he was visibly intoxicated. Villalava-Martinez left the restaurant in his car and crashed it into Ryan Fell’s vehicle, the suit claimed. Fell broke nearly every bone in her body, and even after three years of recovery, it is painful for her to walk.

Headline: Strip Club Reaches Settlement for Role in Fatal DUI Wreck

According to the Chicago Tribune, a Chicago strip club agreed to a $1 million settlement after a patron left the club and got into a car accident, killing two other people. John Homatas was kicked out of Diamond’s Gentlemen’s Club for being too drunk in January 2006. According to the lawsuit, he and John Chiariello got into Homatas’ car and left the club. Homatas crashed into an SUV driven by April Simmons. Simmons, who was pregnant, and Chiariello were killed in the accident. Homatas is serving a 12-year sentence for DUI and reckless homicide. His insurance previously had paid $200,000 (his policy limits) for his actions.

Headline: Lawyers File Suit Against Man Who Caused DUI Car Wreck

In another story covered in the Chicago Tribune, lawyers for representing the families of two victims of a DUI crash have filed suit against the man responsible for the fatal alcohol-related car accident. According to the civil suit, the man driving the car was under the influence of alcohol when the wreck occurred that killed the two young girls who were riding with him. The civil lawsuit, filed in Illinois, seeks money compensation for the deaths. The defendant also faces a pending criminal prosecution; he has been charged with reckless homicide and felony driving under the influence.

Headline: Driver Charged with DUI in Serious Marietta Wreck with Injuries

A Marietta woman has been arrested and charged with DUI following a wreck that left an Acworth man in critical condition. The drunk woman allegedly struck a truck on Cobb Parkway late one night, causing both vehicles to leave the roadway and flip over, according to Marietta police. The male driver in the truck, a 36 year-old from Acworth, had to be extricated before being flown to Atlanta Medical Center. He was still in critical condition the day after the crash. In addition to DUI, the Marietta woman also faces charges of failure to maintain lane and serious injury by vehicle, according to authorities. She was booked into the Cobb County jail, where she was being held on $50,000 bond. Georgia takes drunk and intoxicated driving very seriously. For those who might ever think it is safe to drive while drunk, they need to think again. The consequences are simply too great — not only for the intoxicated driver, but for others he or she might encounter on the roads. Driving while drunk or otherwise intoxicated violates Georgia’s rules of the road, including O.C.G.A. § 40–6-391 (Driving Under the Influence). Causing a collision while intoxicated subjects the drunk driver to criminal punishments (arrest and incarceration, fines and restitution, probation, and legal fees) and civil penalties (special, general, and punitive damages). Punitive damages can not be discharged in bankruptcy under federal law or Georgia law. Under federal law, specifically 11 U.S.C.A. 523 (a)(9), no portion of a verdict can be discharged in bankruptcy where the jury finds that a personal injury is caused by an intoxicated driver.

Atlanta Personal Injury Lawyers

If you have been injured by a drunk driver or an otherwise intoxicated driver on the roadways of metro Atlanta or anywhere in Georgia, consider contacting an experienced Georgia personal injury attorney. For more than 20 years, the Accident and Injury Lawyers at the Keener Law Firm have focused their practice on representing individuals and families catastrophically injured or killed in all types of injury incidents, including auto accidents, motorcycle accidents, trucking accidents, wrongful death, drunk driving (DUI) accidents, property damage, and insurance bad faith.

Aggressively Handling Injury Cases in Atlanta and Throughout Georgia

We represent personal injury and wrongful death victims and their families throughout Georgia in Alpharetta, Atlanta, Canton, Chamblee, Chattahoochee Hills, Clarkston, College Park, Dallas, Dalton, Decatur, Doraville, Douglasville, Dunwoody, East Point, Fairburn, Forest Park, Franklinton, Griffin, Hapeville, Johns Creek, Jonesboro, Lake City, Lithonia, Lizella, Lovejoy, Macon, Marietta, Milton, Morrow, Mountain Park, Norcross, Palmetto, Payne, Pine Lake, Riverdale, Rome, Roswell, Sandy Springs, Sofkee, Stone Mountain, Tucker, Union City, Walden, and Woodstock, Georgia.

Call toll free at (800) 900‑2400 or locally at (770) 955‑3000 for an absolutely free and completely confidential consultation.

• Wash your hands when they’re dirty, and always before eating.
• Don’t cough or sneeze into your hands.
• Don’t put your fingers in your eyes, nose or mouth.

These might all seem like common sense, but it never hurts to have a helpful reminder.  At The Keener Law Firm, we hope that even tips like these help to start you off on a happy and healthy New Year!

What is less well known, though, is accident victims can often times suffer chronic pain from their injuries for a lifetime. Although many injuries do heal, many result in lasting pain; and some even lead to a condition called chronic pain syndrome.  This debilitating condition can last a lifetime, long after physical injuries look like they’ve healed. This is where your Marietta personal injury attorney can help you receive the compensation you deserve.  Although getting compensation through settlement or jury award won’t necessarily alleviate your pain and suffering entirely, you can get the medical treatment you need to live a productive life.

How will your case proceed?

If you’ve been the victim of some kind of negligent accident, whereby you are eligible to receive damages or pain and suffering compensation for your injuries, the first thing you’ll need to do is of course treat your condition. At the same time this is going on, the offending party’s insurance company or other party will probably be trying to contact you to settle your case as quickly as possible.

When this happens, don’t simply settle with the other party for the money they want to give you. Instead, contact a Georgia personal injury lawyer to take a look at your case. Your lawyer will review your case carefully, and will take it on if you have shown that you were indeed a victim of someone else’s negligence such that you deserve compensation for the injuries you’ve received.

Of course, it’s probably not going to be evident immediately after the mishap or accident that you have become a victim of chronic pain. However, as your case works its way through the legal system and is in negotiations for settlement or on its way to jury award, this is likely going to take some time. It may become evident at some point in this process that your pain has in fact morphed from acute pain that is the direct result of the injuries received from the accident to a case of chronic pain syndrome.

What your Marietta personal injury attorney will help you determine at that point is whether it’s a good idea to pursue additional pain and suffering compensation for the chronic pain you now suffer from. For that, you most certainly will need proof from a pain specialist that your condition is in fact chronic pain syndrome, and you’ll also need to prove that it was caused as a result of the accident.

Common types of chronic pain syndrome

The chronic pain syndrome you experience may occur in any area of your body, but the most common types of syndrome pain occurring from accidents probably occur in the head and neck area. Some cases will be quite easy to prove that a direct result of the accident or carelessness  happened, while others, like chronic fatigue syndrome, will be more difficult to prove. Nonetheless, your Atlanta personal injury attorney is an expert in these cases, and he or she will best be able to tell you how to proceed.

Although not every chronic pain syndrome case can have a positive outcome for the victim in court or through settlement, your personal injury lawyer will take your legitimate case if at all possible and make sure you receive compensation for the pain and suffering you have endured — and will perhaps inter for years to come. If you or a loved one have suffered chronic pain caused in an accident that was another party’s fault, contact the Atlanta personal injury attorneys at The Keener Law Firm today for effective, vigorous legal representation.

Fortunately, most of us can be very thankful this has never happened to us, but if you are the victim of an unfortunate accident which has cost you your sight whether partially or wholly, temporarily or permanently, you are not alone. You can receive compensation for your injuries, and can at least see that justice is done even if the injury is a permanent one. A personal injury lawyer in Marietta is ready and waiting to talk to you about your case.

How do eye injuries happen?

Just about any type of mishap can cause an eye injury. For example, perhaps you’ve received a blow to the head in a car accident which has caused retinal detachment. Or, perhaps you’ve been on the job working and a piece of metal has flown into your eye, causing significant damage that required surgery.

Perhaps you’ve been the victim of medical malpractice, whereby you decided to have Lasik or laser eye surgery to improve your vision, only to find you are now facing lasting complications from botched surgery, whether it’s the so called “halo” or “starburst” effect or even blindness.

Perhaps you bought a product you were using for its intended purpose, only to sustain an irrevocable injury that you now have to live with each day. In that case, you may have a case against the product manufacturer, as well as anyone else involved in its distribution or marketing, with a product liability case.

You can get compensation for your injury and its consequences

As you can see, there are many types of injuries which can result in a loss of sight, either temporary or permanent, and/or that can cause pain and injury in the eyes themselves. Regardless of the situation, your Georgia personal injury lawyer will take a look at your case at no charge to you, and determine whether or not you deserve compensation for the injury, whether through workers’ compensation, manufacturer lawsuit, or suit against the other driver in a vehicle accident that caused injury to you.

You’ll need compensation for pain and suffering, medical expenses, and perhaps the permanent loss of your sight if that is the unfortunate outcome of your case. You’ll need to focus on relearning certain tasks if so, and perhaps on giving up others, like driving, if that’s the case.

All of the above situations (and many others not mentioned) are worthy of a Marietta personal injury attorney’s attention. Simply present your case to the attorney to get a fair and honest assessment of its viability in court. If the personal injury lawyer agrees to take on your case, you’ll be represented by someone who has your best interests at heart in court or during settlement proceedings. If your attorney cannot reach a fair settlement agreement with the offending party or parties, he or she will have no qualms about going to court so that your rights are protected and you get the compensation you deserve.

You have better things to do if you’ve been the victim of an eye injury than to fight with the offending party or parties on your own.  Let a skilled personal injury attorney from The Keener Law Firm take over your case for you, so that you receive justice and can heal, without having to worry about getting proper compensation for your pain and suffering, lost wages, and more. Your lawyer will take on your case for no money up front, but will collect a portion of your award or settlement upon completion of your case. You have nothing to lose and everything to gain by contacting a personal injury attorney to represent your rights.

Soft tissue injuries are often harder to prove as there is no tangible evidence of injury.  In the case of a broken bone, it is easy to identify that damage has occured, but this does not mean that soft tissue injuries are not as significant!

Soft tissue injury cases are complex and yet surprisingly common. The most common types of soft tissue injuries are those which occur in the neck, shoulder and back.  Many people suffer soft tissue injuries every year, but don’t file a claim to pursue litigation in court or to settle out of court.  Many of these victims simply don’t believe they have enough visible evidence to support the fact they’ve been injured. You do have recourse, though, and fortunately, that’s where your Marietta personal injury lawyer can help.

What to do if you’ve been involved in an accident and are in significant pain

If you’ve been involved in an accident and are in significant pain, it’s a good idea to seek medical care right away. This will help make it easier for your personal injury lawyer in Georgia to show that you were in significant pain and needed medical attention.

However, it’s important that you NOT visit a so-called “alternative” healthcare professional right away. Visits to the chiropractor or physical therapist can actually hurt your case unless you’ve been referred there by your physician. And it’s important to note that insurance adjusters do look to see why you visited such a facility. If they can show that you have visited the facility before, they may categorize your treatment as a  preexisting injury prior to the accident, and/or they may say you were dishonestly trying to document your claim for a soft tissue injury even though you don’t actually have such an injury.

You can go to see a chiropractor, massage therapist, physical therapist eventually, but it is not recommended right after a accident. Instead, visit an emergency room right away, and ask for a referral to a chiropractor or another alternative/adjunct therapy expert only after you’ve had your injuries documented by mainstream medical experts.

Contact a personal injury attorney in Atlanta

As soon as possible, contact an Atlanta injury lawyer to have a look at your case. You’ll do this, of course, after you’ve documented that you have injuries and your medical doctor has backed up your claims of soft tissue injury. With a neck injury, for example, the pain may be very severe such that you can’t move your neck at all; this is an example of something that can happen in a car accident. Similarly, shoulder injuries can occur because of strain against the seat belt, and your lower back may be injured because it absorbs much of the impact of a car crash.

What can your personal injury lawyer in Atlanta do for you?

Whenever anyone has any type of accident where someone else was at fault, insurance companies are quick to want to settle for as low an offer as they can get away with even for those with visible injuries. With soft tissue injuries, it’s even worse, however. Adjusters are loathe to offer anything for soft tissue injuries because they’re so easy to fake; they aren’t going to want to give you much if any money, much less a settlement for a significant amount. That’s where your Georgia personal injury attorney can help. Your lawyer will know how to use the medical information you receive during visits to the doctor both initially and in follow-up to show that you’ve sustained significant injury and therefore pain and suffering enough to warrant damages; those damages can pay your medical expenses and provide enough to live on while you focus on healing, so that you can get back to work and your life.

If you have suffered soft tissue injuries in an accident caused by another party, consult with a skilled Marietta personal injury lawyer at The Keener Law Firm today.  We fight vigorously to protect the rights of our clients.  Let us help secure the compensation you deserve.

Although minor shocks can result in minimal discomfort that’s temporary, major shocks can mean permanent disability or death. If the electrocution is caused by another party, the victim and/or the victim’s family deserves compensation for the pain and suffering involved, and/or for the loss of a loved one through death from that electrocution.

What types of electrocution injuries can occur?

On the job injuries

Construction injuries can happen when a construction worker is working on a job and accidentally comes across a live wire that should have had power cut to it, but hasn’t. Similarly, utility pole repair injuries can happen when a worker is completing repairs on a utility pole that should have had its electrical current shut off, but hasn’t.

In this case, at the very least, a workers’ compensation claim can be filed with the employer; the employer’s workers’ compensation insurance pays the expenses and compensation is required, including but not limited to medical expenses, lost wages and rehabilitation for relatively simple injuries; if injuries are more severe, the employer may also pay for ongoing rehabilitation expenses, permanent disability income if the worker is unable to return to work, and compensation for pain and suffering. Your workers’ compensation attorney in Decatur can help you file for workers’ compensation, and can also manage most of the negotiating for you; if you’re recovering from injuries, the last thing you need to do is to be fighting with the insurance company about your settlement.

In the worst case scenario, wrongful death resulting from electrocution can also be compensated at least somewhat by workers’ compensation claims. In this case, the family is compensated for actual expenses like medical and funeral, and also for the ongoing “cost” of losing the loved one’s companionship, emotional and financial support, loss of parental guidance to minor children, and so on. Let a Marietta injury attorney take care of the details, so that you can take care of your family.

A final note about this is that if the injuries have been caused by a third party, your attorney may also pursue this as an accident, since filing an accident suit against the third party to recover damages may result in even greater compensation.·

Product injuries

Unfortunately, faulty products electrocute unsuspecting consumers every day, resulting in serious injury or death. Electrocution can be caused by a design defect, which means that all products in a particular product series are dangerous, a manufacturing defect, which means that only select products are dangerous, and/or by marketing errors, whereby the advertising and packaging doesn’t provide appropriate warnings or directions for the consumer such that electrocution results.

Because strict liability laws exist in the United States, anyone responsible for the product during any time of the product’s pre-consumer life is liable for its function and therefore for any malfunction injuries that could result, including electrocution. If that’s the case, contact a Georgia personal injury attorney to review your situation; he or she can file suit against the responsible parties so that you receive compensation for your injuries, including pain and suffering, and money to pay medical bills and support in the event you or your loved one are disabled and unable to work. If death of a loved one results from the electrocution, your attorney will work to see to it that at least, you receive some compensation for your pain and suffering, loss of support, etc.

Premises liability injuries

Premises liability injuries can happen if you’re a customer at a business or a visitor to someone’s property. If you have been injured or a loved one has been injured or killed by electrocution on someone else’s property, you may receive compensation for that. Discuss your case with an experienced Georgia personal injury attorney who can determine what type of compensation and how much you may be eligible for.