Month: November 2010

Canines bite a few million people every year in the United States.

It’s obvious what kind of physical repercussion an attack can have on a victim, but most people have no idea how dog bite laws can affect them, too, such as the “first bite” or “one bite” rules.

Most states follow the “one bite rule,” which says that owners are not liable for a dog’s first attack provided the owner was not negligent in some manner. The rule, however, does not apply if the owner had previous knowledge that the dog was aggressive or dangerous, or had a propensity to harm people.

In Georgia, it can be difficult for dog-bite victims to prove that an owner was negligent. To do so, the incident must pass a two-part test.

“First, it must be proven that the dog had a previous tendency to bite or attack people and, second, that the owner had knowledge of such behavior,” said Robert Webb of the Atlanta-based personal injury law firm Webb & D’Orazio.

The other way to prove liability against a dog owner under the state statute is to show that the owner violated a local or county leash law when the event occurred.

Statistics show that when dogs attack, the most common victim is a child. Dog attacks cannot only bring physical scars to youngsters, but emotional ones too that lead to a fear of animals for the rest of his or her life.

“In the wake of a dog attack, it is important to understand the particular procedure that may follow, in regard to filing a dog bite lawsuit and seeking financial compensation for your injuries,” Webb said. “If you would like to discuss whether you may have grounds for a civil lawsuit against the owner of the dog that was responsible for your injuries, you should seek the advice of an experienced Atlanta personal injury attorney.”

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

If one has been unfortunate enough to have been involved in a personal injury accident, there is only so much time to file a claim. If the statute of limitations runs out, the injured person no longer has the ability to receive a settlement.

Each state in the United States sets its own statute of limitations, which can vary from one to six years. Here in the Peach State, the limit is two years from the date of injury. For a minor, however, the situation is different: The statute of limitations does not begin until the minor has reached 18 years of age. That means if a youngster is injured at age 14, he or she may file to recover damages up until the age of 20.

“Sometimes after an accident, it is immediately clear whether you are injured,” said Robert Webb, of the Atlanta-based personal injury law firm Webb & D’Orazio. “At other times, it is not. It is in your best interest to retain an attorney to help you settle your claim in a timely and efficient manner.”

Personal-injury accidents can be physically and emotionally damaging so it is important to find a lawyer who shows both zeal and compassion.

When considering filing a formal claim, there are several steps that one can take to help the claim process along. Many of these actions can be taken by the injured person’s attorney, too, of course. The steps include:

•Making notes of the incident. What happened? What are the injuries? What were the circumstances and conditions surrounding the incident? When did it occur?

•Keeping evidence of what caused the accident, if possible, and taking pictures to illustrate important details about the incident.

•Taking note of important witnesses who can verify what happened and help the injured person prove his or her case. Find out how an attorney can get in touch with them at a later date.

“If you or someone you know has experienced a personal injury, you should seek the advice of an experienced Atlanta personal injury attorney who can help you seek justice for your injuries,” Webb added.

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

An alarming number of Georgia motorists have no liability insurance. If you are involved in a collision with one of these fine folks, you may find yourself out of luck stuck with a damaged car, unpaid medical bills and lost earnings. There are also many, many drivers in Georgia who have only the minimum required insurance coverage, which could leave you only partially compensated for the losses you could incur in a serious collision.

There are ways to protect yourself!

Uninsured Motorist Coverage

Your automobile insurer is required by law to offer you the chance to purchase Uninsured Motorist insurance. This coverage will step in and provide coverage for your losses as if the person who caused your collision was actually insured. It provides bodily injury as well as property damage coverage. Don’t pass up the chance to purchase Uninsured Motorist coverage. It is inexpensive and provides coverage for you that you will desperately need if you have the misfortune of being involved with an uninsured motorist.

Add On Uninsured Motorist Coverage

This type of uninsured motorist coverage is a recent development in Georgia insurance law. This coverage can be a real lifesaver if you are involved in a collision with a driver who has only the Georgia minimum coverage and your damages exceed that minimum. Add On Uninsured Motorist Coverage should actually be called underinsured motorist coverage because that is exactly what it does. This coverage will add on to the liability coverage held by the responsible driver regardless of how low or high his limit of coverage. Add On Uninsured Motorist Coverage is another benefit to the policyholder that is extremely inexpensive and should be a part of looking out for yourself and your family.

Medical Payments Coverage

Your automobile insurer must also offer the chance to purchase medical payments coverage. Like Uninsured Motorist coverage, it is inexpensive. This coverage will pay your medical bills without any deductible or co-pay.

Remember, when purchasing automobile insurance, look at product, not price. Make sure that you have provided for yourself and family when purchasing. Liability coverage is the most expensive part of your policy. Adding the optional coverage that protects you is very cost effective.

Feel free to call or send us an email to discuss your insurance needs.

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

Just about everyone these days knows someone who has had LASIK eye surgery. This popular surgical procedure to improve vision has worked wonders for many patients.

However, the flipside to the story is that some patients have dealt with lasting injuries brought on by negligence and malpractice from surgeons.

What is LASIK?

LASIK, which stands for Laser-Assisted in Situ Keratomileusis, is a procedure that was developed about 20 years ago to combat astigmatism, myopia and other common vision issues. The surgical procedure is relatively simple and is undertaken by cutting a flap in the corneal tissue of the eye before a laser is used to correct the visual condition.

Typically, any complications disappear within a couple of weeks of surgery. Unfortunately, this is not the case for some patients. These patients have to deal with long-term complications ranging from pain to dry eye to light sensitivity to, in some cases, blindness.

How do you know if you have legitimate malpractice suit? Many of the complications have arisen not because of a botched surgery, such as an errant cutting of the flap in the corneal tissue, but because of poor pre-surgical screening. Some patients simply should not have been allowed to receive the procedure.

For example, people with thin or cone-shaped corneas are not good candidates for LASIK surgery, yet some patients were still OK’d for LASIK.

Complications from LASIK surgery can lead to a lifetime of problems and “visual exhaustion.” Sometimes victims can have difficulty driving or working as a result. Sometimes it affects their personal and social lives, too.

If you or someone you know has experienced a serious LASIK surgery complication, 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.

Whether you’ve been injured in an automobile collision or been harmed by using a product that you have bought and used, you are going to need an attorney on your side.

In the Atlanta area, there are many professionals available to you, to be sure. But it is important that you choose an attorney who specializes in personal injury cases and who has the compassion, zeal and experience for the job. Personal injury accidents can be emotionally and physically demanding and the last thing you need to worry about is whether your lawyer will be working hard enough to secure the damages that you are seeking.

It is necessary that you act quickly and wisely in selecting someone to represent you to help you receive compensation for your injuries, lost wages, medical expenses, property damage and pain and suffering.

There are a seemingly endless number of lawyers who can represent someone and fight in court for their rights, but as a victim you need someone who takes your case as seriously as you do.

It may also be possible to secure punitive damages. Punitive damages, also known as exemplary damages, are awarded in cases where the defendant is deemed to have acted especially egregious or has a track record of taking the types of actions that have led to your personal injury. They are typically awarded by judges and juries.

With important compensation at stake, it is necessary that you secure the right attorney. Here are some tips for finding a good personal injury attorney:

-Ask for a referral from another lawyer you trust, from a friend or from a membership organization or state bar association.

-Make sure you interview your attorney during the initial consultation. Ask about his or her experience, whether or not the case will be taken on a contingent fee basis, whether he or she will be personally working on the case, how often you will receive progress updates on your case and anything else you need to know that will make you feel more comfortable with him or her.

-Select an attorney who specializes in your type of personal injury case. The more specific experience, the better.

-Ask for a written retainer agreement.

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.