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May 2016 Archives

Punitive Damages in Car Accident Cases

If you are wondering if your car accident case is worth millions of dollars, the answer may depend upon whether you are entitled to recover punitive damages. As the name indicates, punitive damages are awarded to punish a defendant for egregious conduct and to deter other parties from engaging in similar behaviors.

How does a Prior Personal Injury Lawsuit Impact my Current Lawsuit?

If you have been injured by the negligence of another party and you are considering filing a personal injury lawsuit, it is important to inform your legal counsel of any other prior injury suits you have filed. The attorney for the defendant will make a discovery request for information regarding any previous personal injury lawsuits you have been (or are currently) a party to. All lawsuits are a matter of public record, so this information can be accessed by other parties at the court clerk's office as well, so you are better off being honest and forthright in your disclosures.

Workplace Injuries: Prevent Heat Illness this Summer

Summertime is just around the corner, which means hot temperatures will be here soon. If you will be working outside in hot and humid weather, you should take precautions to avoid developing heat illness.

Social Media Evidence in a Personal Injury Case

Social media sites have dramatically altered the way people communicate with each other. As a result, social media is increasingly playing a role in personal injury lawsuits. Thus, if you have been injured by the negligence of another party, it is important to consider how your social media accounts could impact your lawsuit.

Social Security Disability Claims: What is the "Onset Date?"

If you are applying for disability benefits, you must be prepared to answer the question of when you became disabled. In other words, what was the "onset date?" Social Security will use the onset date throughout the course of your disability claim.

Safety Tips Parents should give to their College Students

If you have a high school senior that is heading to college in the fall, it is important to prepare them for a wide variety new experiences. A college campus is its own community that may include certain dangers. Sadly, crime is common on college campuses so you want to ensure your student will stay safe. Below are a few topics to discuss:

Determining the Settlement Value of a Personal Injury Case

Have you been injured by another party's negligence? If so, you are probably wondering what type of settlement you can get for your claim. There is no magical formula, but there are certain factors an experienced personal injury lawyer can use to estimate the value of your claim.

What is Georgia's Helmet Law?

 Spring weather in Georgia is a great time to ride your motorcycle. Before you do, however, it is important to understand Georgia's helmet laws. Unfortunately, Georgia's helmet laws can be somewhat difficult to follow since it generally states that all Department of Transportation approved helmets are approved. Pursuant to O.C.G.A. § 40-6-315 states "[n]o person shall operate or ride upon a motorcycle unless he or she is wearing protective headgear which complies with standards established by the commissioner of public safety." The Commissioner of Public Safety has ruled that all helmets which meet the most recent version of DOT standards for motorcycle helmets is approved as protective headgear in Georgia. The only exception to Georgia's helmet law is a passenger riding in a vehicle that meets the definition of a motorcycle with an enclosed cab or motorized cart. It is also important to note that Georgia law requires all motorcycles to have either a windshield or the driver and/or passenger must wear goggles or protective eye devices approved by the Georgia Commissioner of Public Safety. Again, an exception applies if the vehicle meets the definition of a motorcycle with an enclosed cab or motorized cart. Whether you believe helmet laws are too restrictive or not, the statistics prove that helmets can save lives. According to Saferoads.org, "[p]er vehicle mile traveled, motorcyclists were more than 26 times more likely to die in a traffic crash than occupants of passenger cars." In 2013, 4,668 motorcyclists were killed. Further, "NHTSA estimates that helmets saved the lives of 1,630 motorcyclists in 2013 and that 715 more lives in all states could have been saved if all motorcyclists had worn helmets." If you ride motorcycles in Georgia, wear a helmet. It is not only required by law, but it is the smart thing to do to stay safe. However, if you are involved in a motorcycle accident caused by another party's negligence, you need an attorney to protect your best interests. At Murphy & Garner, LLC, we have over 32 years of experience serving clients in western Georgia and the surrounding area. We will fight for your rights and get you the compensation you deserve. Call us today for a free consultation at (866) 942-0552 or (678) 563-1584.

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