Product Liability is the area of law in which those who create a product – manufacturers, distributors and the like – are held responsible for any injury people sustain from any defects in those products. Product liability claims can generally be broken up into three different categories: design defect claims, manufacturing defect claims and marketing defect claims (or failure to warn consumers about certain hazardous aspects of a product).

When someone is harmed by a defective product, he or she has the right to file a lawsuit in order to get monetary compensation for their injuries. A defective product – which can be a harmful prescription drug, a faulty car part or any sort of product with one or more defects – can often bring about injuries or even death.

Many people exercise their right to file product liability claims and lawsuits and take necessary legal action to get the settlements they deserve. If you’ve been injured somehow by any defective product and feel you have a case, it’s important to immediately contact a product liability or personal injury lawyer as soon as possible and reach the settlement you deserve.

Brain injuries range from mild to severe.  Early detection and proper treatment are vital to the patient’s long-term recovery.  If you or a loved one have suffered a head injury in Georgia, it is imperative you seek medical attention from a skilled Atlanta brain injury physician as soon as possible.

Brain injuries in Georgia

Individuals suffering from a traumatic brain injury in Georgia have many treatment options.  The doctors and medical staff at many area hospitals are prepared to treat brain injuries in Atlanta.

Treatment options for Georgia brain injuries vary depending on the severity of the injury.  All head injury victims should be examined by emergency medical personnel to determine if a serious injury exists.  This may include a visit to the emergency room where physicians can monitor the patient’s bodily functions, respond to any life-threatening changes, and perform additional tests to diagnose and further treat the injury.

According to the National Institute of Neurological Disorders and Stroke at the National Institute of Health, approximately half of severe head injury patients require surgery to remove or repair hematomas (ruptured blood vessels) or contusions (bruised brain tissue).  If surgical treatment is necessary, the medical team may include—

• Neurosurgeons
• Trauma nurses
• General surgeons
• Orthopedic surgeons

Patients recovering from brain injuries in Atlanta often receive rehabilitative care—especially following surgery.  Treatment is provided by specialists experienced in caring for Georgia brain injury victims.  The rehabilitative team works together to stabilize or prevent the development of any secondary infections or issues like pneumonia, pressure sores, or the loss of joint motion.

Rehabilitation may also include working with the injured person to recover any lost memory or adapt to lost brain function or bouts of confusion.

Contact Henry Spiegel Milling LLP today

Traumatic brain injuries can require lifelong treatment.  A skilled Atlanta brain injury law firm can help protect the rights of individuals suffering brain injuries in Georgia.  Patients may be entitled to compensation to cover medical expenses, including future medical care.  The legal team at Atlanta’s Henry Spiegel Milling LLP is experienced in handling Georgia head injury victims.  Contact us today for assistance and additional information on the brain injury recovery process.

There are many myths surrounding brain injuries, including how traumatic brain injuries occur, what their symptoms are, and the prognosis for long-term recovery.  With so much confusion surrounding this type of injury, it should not come as a surprise that head injuries are often misdiagnosed or ignored until it is too late to help the patient.   At Atlanta’s Henry Spiegel Milling LLP, our experienced Georgia brain injury lawyers routinely answer clients’ questions regarding brain injuries.

Myth #1: A brain injury can only be caused by a blow to the head.

Many people believe the only way to sustain a brain injury is by the head making impact with a hard object.  In fact, a head injury can occur without the head ever hitting any outside object.  When the body suddenly stops after moving at a high rate of speed—in a car accident, for example—the sudden stop can cause the brain to slam into the skull, causing injuries ranging from mild to severe.

Myth #2: Brain injury victims always lose consciousness.

A child is hit in the head with a baseball.  He seems fine initially, there are tears, and ice is applied to the injury site.  The boy is up and walking around and does not even have a headache.  Hours later he is on his way to the operating room as doctors frantically work to save his life.  What happened?

Brain injury victims do not always lose consciousness right away.  Instead, an individual who has suffered a head injury may seem relatively fine immediately following the incident.  As time passes, however, symptoms such as a headache, dizziness, or sleepiness, may develop.  By the time the injured person loses consciousness, they may be advancing on the Glasgow Coma Scale—the system used to measure a patient’s state of consciousness—and the injury may in fact be very serious.

Myth #3: Long-term prognosis for TBI is always bad.

Traumatic brain injuries are not always a death sentence but the seriousness of TBI should not be underestimated.  Individuals who experience a traumatic brain injury may never make a full recovery.  That said, the patient may be able to make a full recovery depending on the location and size of the trauma.  In fact, the brain may “re-wire” itself to compensate for the injured areas.  Doctors continue to learn more about brain injuries and make advances in treatment but there are still many unknowns in this complex area of medicine that make long-term prognosis dependant on the specifics of each case.

Contact Henry Spiegel Milling LLP today

Traumatic brain injuries can require lifelong treatment.  A skilled Atlanta brain injury lawyer can help protect the rights of individuals suffering brain injuries in Georgia.  Patients may be entitled to compensation to cover medical expenses, including future medical care.  The legal team at Atlanta’s Henry Spiegel Milling LLP is experienced in handling Georgia brain injury victims.  Contact us today for assistance.

The Dangers of ATVs

All-terrain vehicle (ATV) accidents can cause serious injuries and even death. Drivers of ATVs are particularly vulnerable because they are completely exposed. Many ATV accidents involve ‘rollovers’ that can crush the driver below the vehicle. As with any type of motor vehicle, drivers should take necessary safety precautions to reduce the risk of accidents.

Common causes of ATV accidents

Reckless driving

People operating an ATV for the first time may feel tempted to drive recklessly due to the ability of ATVs to drive through rough terrain at relatively high speeds. ATV drivers should always remain conscious of their surroundings. Ditches, rocks, and puddles can send a driver flying over the handle-bars. Also, ATVs are not cars; they should not be driven on roads paved for normal motor vehicles and they should not be raced.

Children operating adult vehicles

A tragically high percentage of ATV deaths happen to children under the age of 16 years. Children typically lack the maturity to make responsible decisions while riding ATVs unsupervised. ATVs come in different sizes. Children should be absolutely prevented from riding adult-sized ATVs.

Riding with a passenger

Unlike UTVs, which have a seat for a passenger, ATVs only have one seat for the driver. Sometimes, operators of ATVs assume that they can bring a passenger along for the ride. This can lead to risky and reckless driving behavior that can increase the likelihood that a driver will lose control of the vehicle or that the passenger will be seriously injured.

Defective product

Unfortunately, ATVs and UTVs have a history of manufacturing defects that have been responsible for injuries and even death. For example, in cooperation with the U.S. Consumer Products Safety Commission, Yamaha agreed to suspend sales of Rhino models due to safety concerns.

Weather and terrain

Sometimes, drivers of ATVs and UTVs think that their vehicles are indestructible. Even though these vehicles are more suited for rough terrain than other types of vehicles, an unnoticed rock or a ditch can still cause rollovers and serious injuries. Additionally, poor weather conditions—such as rain—can cause an operator to lose control of the vehicle.

Other Resources:
• ATV Accidents
• ATV Injury
• ATV Death

What to Do After an ATV Accidents

If you are injured in an ATV accident, then your first priority, of course, is to seek medical attention if necessary. If your injury is serious, do not try to move or treat it by yourself. Call the police or ask a friend to call.

While you may not be thinking about the aftermath of your injuries at the scene of the accident, what you do could play a crucial role in determining whether you are eligible for compensation from an insurance company. In some cases, compensation can cover medical costs, lost wages due to absence from, and other consequences of your injury such as pain and suffering.

Are you eligible for compensation?

Over the past few years, countless victims of all-terrain vehicle and utility-terrain vehicle accidents have received compensation for injuries and wrongful deaths caused by manufacturing defects. If you believe that your accident may have been caused by a defect, then you may be eligible to recover damages. In all likelihood, the ATV’s insurance company will try to demonstrate that your accident was caused by you and not the vehicle.

Building your case involves gathering facts about your accident. If possible, the best place to do this is at the scene of the accident. There are several steps that you can take at the scene:

• Take photographs or ask a companion to take photographs of the scene; showing that the conditions of the terrain are safe and not unusual could be a key component of your injury claim.
• Gather the contact information and statements from witnesses.
• Record possible relevant details, such as the weather.
• Explain what happened to the police; do not exaggerate and do not say anything that could imply that you caused the accident.
• Call an attorney: an attorney can tell you how to proceed with your claim and advise you about how to communicate with insurance companies, which may try to elicit statements from you that compromise your claim. An attorney will also collect important documents, such as the police report, information about the model of your ATV, and develop a list of damages.

Finally, you will want to see a doctor or medical professional. Doctors can support your claim by showing that you suffered injuries from the ATV accident and can provide you with an estimate about how long it may take to recover.

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Looking Out for Construction Defects

Whether you are a first time home buyer or buying a commercial property it is important for you to be vigilant in looking out for construction defects in Los Angeles. They not only may cause you or a visitor to your property harm, but construction defects can also devalue your property.

There are many causes of construction defects especially since there are so many people and products involved in the building process. Some defects are very obvious and some don’t show up for years after the building has been completed.

There are some common kinds of construction defects you should be able to detect during a walk through of the building and they include:

• Mildew and mold
• Water collecting in certain locations
• Rotting wood
• Ceiling, wall and floor cracks
• Faulty electrical wiring

Causes Of Construction Defects

Some common causes of construction defects that might not be so easily detectable are due to:

• Site location
• Faulty materials
• Shoddy labor
• Poor engineering
• Poor land preparation

One way to prevent construction defects is to get recommendations and references of quality contractors before your project begins. You can also check with your local Better Business Bureau to see if any complaints against your potential contractor have been filed. Asking to see the architect’s design plans or past projects might afford you some peace of mind as well. After your project has already begun it is a good idea to make periodic unexpected visits to the site and check the status of your project. Walk around and look at all aspects of the building process and ask questions. You have a right to know the details of your project for not only your safety but that of those visiting your building as well.

This article is a courtesy of the Los Angeles construction law firm of Hamrick & Evans, 818-763-5292, www.hamricklawfirm.com.