Month: July 2010

While riding a motorcycle can be a great thrill, it can also be a great risk. When motorcyclists are involved in an accident, the accident is often major and involves serious bodily harm and sometimes even results in death.

Over the past several years, motorcycles have become more and more popular. Not only are they gas efficient, they’re also a fun way to travel. Unfortunately, as the number of motorcycles has increased, so has the number of accidents. Although the number of motorcycle accidents that occur throughout the United States is relatively high and continues to grow each year, the reasons for these large numbers are often misunderstood. While there are a number of different causes for motorcycle accidents, many people seek to blame the cyclist for choosing a vehicle that lacks many of the safety features found in cars and trucks. Motorcycle accidents, though, cannot simply be blamed on an individual’s choice of transportation. A large number of motorcycle accidents actually take place, not due to the driver, but because of the negligence of other automobile drivers, debris on the road or unsafe road conditions.

Even though there are a number of other factors that can result in a motorcycle accident, the stigma associated with motorcycle riders is so prevalent that some insurance companies, juries, and even judges are often biased against a cyclist. This bias can sometimes result in ignoring the person or persons who actually caused the motorcycle accident to happen in the first place, and this can mean that the injured cyclist is denied the compensation owed to him under the law. Astoundingly, a cyclist’s own insurance company may refuse to pay some or all of their legally owed insurance costs.

To fight this bias, the most important step a victim or family member of a victim can make is to locate a good personal injury attorney who has experience in motorcycle accident cases and will help them seek damages to pay for medical bills, motorcycle replacement or repair, pain and suffering, loss of work, and any other motorcycle accident related expenses.

To learn more, visit http://www.webbdorazio.com.

While incidents of drunk driving in Georgia have decreased over the last few years, the numbers are still staggering. When drunk driving results in an accident, the results can be catastrophic for the victims. Victims can be seriously injured or even lose their lives.

When drunk driving cases are brought to a criminal court, the court will take several factors into account before sentencing the driver, such as the driver’s prior clean record as well as his or her character. These considerations may actually result in lenient charges and sentences which are nothing in comparison to the destruction caused by the drunk driver. As a result, families who have lost loved ones or persons who were injured in a drunk driving accident may feel that they did not receive the justice they deserve from the criminal system.

Civil liability in such cases can give a family or the injured individual the opportunity to pursue justice by holding a person financially accountable for his or her negligence. Even if the evidence of intoxication is not sufficient to carry the criminal burden of proof, it may still be enough to carry the civil burden of proof.

An injured person has the right to claim compensation from a negligent motorist in a civil suit for a variety of damages:
Medical expenses already incurred

• • Future medical expenses
• • Physical pain
• Mental suffering
• • Loss/Destruction of property
• • Loss of enjoyment of life
• • Permanent physical disability
• • Lost wages

Drunk driving accidents cost our society greatly, from the injuries or deaths of loved ones to the costs of paying for the accidents. Persons who engage in drunk driving should be held legally responsible for their actions. Filing a civil suit against a drunk driver can make them pay for their poor choices and help keep them off the road.

If you or someone you love has been injured in an accident, you should seek the advice of an experienced Atlanta personal injury attorney who can help you seek justice for your injuries.

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 at Webbdorazio.com.

Many clients often wonder if money received from an injury or death suit is taxable. While the short answer to this question is no, there are some exceptions of which clients should be aware.

Sustaining an injury is difficult enough on its own, and having to bring a lawsuit to obtain proper compensation and payments for your injuries only makes it more complicated and stressful. It would almost be unbearable if a victim had to pay taxes on the compensation he or she receives for injuries. Fortunately, the government has recognized that injury settlements do not qualify as earned income. Rather, these settlements are intended to compensate the injured victim for the pain, suffering, and disabilities he or she has suffered at the hands of another’s carelessness or negligence. As such, injury recoveries are not taxable.

Section 104(a)(2) of the Internal Revenue Code excludes from a person’s gross income any amounts received from personal injury awards. It provides that gross income does not include any damages received, whether by suit or agreement and whether these are received as lump sums or as periodic payments, on account of personal injury or sickness.

While the IRS code protects the monetary awards of most personal injury victims, there are some clear exceptions to this provision. For example, any money awarded as punitive damages is taxable. This is because punitive damages are primarily intended to punish and discourage the behavior exhibited by the defendant; they are not intended to compensate the plaintiff. Lost earnings are also taxable if a portion of the settlement is specifically designated as compensation for lost income. Further, any money paid for psychological injuries may also be taxed.

It is important for victims to understand that once settlement proceeds have been received, the taxability of that money is just like any other money they would invest or put in a savings account. When you invest your monetary award into taxable investments, any profit or gain you achieve is subject to taxes.

If you have been injured in an accident due to someone else’s negligence, you should contact an experienced Atlanta personal injury attorney who can help you seek compensation for your injuries.

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 at Webbdorazio.com.