Robbins & Associates, PC

Why do You Need a Medical Malpractice Attorney?

2009-06-29T18:24:00.000-04:00

When dealing with a medical malpractice suit, it is important to understand that every case is unique. A medical malpractice attorney can help you sort through the ins and outs of the legal system.

If a hospital offers you a settlement, a medical malpractice attorney can help you by letting you know whether or not the settlement offer is legitimate. A lawyer can tell you the real worth of your claim and help ensure that you are not being taken advantage of by the lawyers at the hospital you are suing.

In general, hospitals will try to undercut you, the defendant. With a lawyer present, you will be able to ensure that your claim is being processed fairly and not being undercut.

If you decide that you want to represent yourself in court, you will be going up against a line of top-notch lawyers who will now how to manipulate the fact that you are not as familiar with the law as they. If you were to miss even one hearing, your whole case could be thrown out. Furthermore, through a list of subpoenas and other litigating tactics, you could get lost among legal technicalities.

If the case merits serious action, it is always best to take it is serious as possible. By hiring a medical malpractice lawyer you are helping to ensure, for at least yourself, that you did everything possible to write the wrong committed against you or a loved one.

Please contact the website of Atlanta personal injury attorneys Robbins & Associates, P.C.; we have over 30 years of case experience and a team of lawyers well versed in medical malpractice suits. We can help ensure that you are treated with respect and get the settlement you deserve.

Financial Abuse and Exploitation of Elderly

2009-06-29T10:46:00.000-04:00

In America, thousands of elderly people are abused every year. Whether it is neglect, emotional abuse, physical abuse or financial abuse, the elderly today face quite a few challenges. Typically speaking, elder abuse occurs at the place of residence for the party involved. Whether this is their home, a relative or friend’s home or a nursing care facility, abuse can usually be traced back to the residence.

Financial abuse is common among the elderly. The exploiters tend to take advantage of elderly people’s diminished capacities, lack of understanding and generally trusting nature.

To spot financial abuse, it is important to know what to look for. Typically, a caregiver who is financially abusing someone will:
1. Use the elderly person’s account and/or credit cards
2. Forge their signature on documents
3. Steal cash or checks
4. Steal personal possessions from the elder’s house or room

Another important aspect of financial abuse is to look out for scam artists. And while everyone is liable to be had by a scam artist, elderly people are three times more likely to fall into a scam artist’s trap. Typically, scam artists use four different ‘racketeering’ sets.

• Fake charities
• Investment/pyramid schemes
• Prize winnings that require account numbers to collect
• Banking issues

Financial abuse and exploitation are wrong. Exploiters will take advantage of an elderly person’s state of mind or lack thereof to manipulate and take advantage of them. If you or someone you know is or has been exploited financially, contact the website of Atlanta, Georgia nursing home abuse and neglect attorneys Robbins & Associates P.C.

Medical Malpractice in Nursing Homes

2009-06-26T10:44:00.000-04:00

A common sign of elder abuse in nursing homes is medical malpractice. In general, medical malpractice tends to stem from unqualified health-care professionals or those employees who are overworked, underpaid or overly stressed.

To keep a watchful eye out for medical malpractice, it is important to know what to look for. The following are general indications of medical malpractice:

• Mistakes made during a surgery
• A misdiagnosis-covering both diseases and conditions
• Failure of healthcare professionals to treat a diagnosed disease or condition properly or, more importantly, in a timely manner.
• Improper administration of medication, including over or under-medication

Often, when a relative or friend is at a nursing home, it is harder to look out for signs of medical malpractice. This is due in part to the inability to be around the person everyday and because we, as friends and relatives entrust the care of those we love to the staff in a nursing home. We do not want to think that abuse would be going on.

Signs of abuse and malpractice are also harder to spot because the parties involved usually suffer from diminished capacities or have physical limitations that make it harder to convey what is happening to them. And, because the patients are living with their abuses in their nursing home, it is scary and every more difficult for them to come clean about the abuse.

If you suspect that a friend or relative is the victim of medical malpractice in a nursing home, contact the website of Atlanta, Georgia nursing home abuse attorneys Robbins &Associates P.C.. We have over 30 years of case work and can help answer the questions you have.

Suing the Nursing Home for Employee Negligence

2009-06-25T19:01:00.000-04:00

When a loved one is hurt, either emotionally or physically, in the care of someone else, we tend to want to make the wrong right. For those who have a loved one in a nursing home and employee negligence is at fault for either medical malpractice or emotional problem, legal action is a common path people tend to pursue.

If you suspect employee negligence as the cause for your loved ones injuries or illnesses, a lawyer can help you file a suit. Employee negligence federal acts protect patients against:

1. Employees who fail to give what is deemed quality care and services
2. Employees who do not treat patients with respect and consideration for their feelings. This includes patient’s privacy.
3. Employees who mentally and or physically abuse them. This includes punishments, seclusions and or restraints.

The nursing home bill of rights helps patients maintain their rights and gives them a voice when otherwise, they would be voiceless. By keeping a watchful eye, you can spot the tell-tale signs of employee negligence in your loved ones nursing home. If you notice:

Bruises
Unexplained fear of caregivers
Broken bones
Malnutrition or Dehydration
Unclean living conditions
Unexplained medicated hazes

These are all factors to be considered if you want to file a suit against the nursing home. Be sure that you accurately document any and all evidence of negligence or abuse and contact an attorney who has experience in employee negligence cases, especially those that involve nursing homes.

Please contact the website of the law offices of personal injury attorneys Robbins& Associates, P.C.in Atlanta; we have over 30 years experience dealings with cases, including those related to nursing home misconduct.

Signs of Elder Abuse

2009-06-02T18:18:00.000-04:00

If someone you know, a friend or a relative is in a nursing home, then watching out for signs of elder abuse is important. Generally speaking, elder abuse occurs in nursing homes that are understaffed or have under-qualified employees. Because of the nature of this type of patient care, patience and dedication is very important. If you have noticed the employees at the home looking overly stressed, overworked or frustrated, overly affectionate, these too can be signs of elder abuse in the home.

In 2001, CBS conducted a study citing that in the United States, 1,600 nursing homes had been written up for abuse of their patients. This number, according to the article, accounts for one third of the nursing homes in the country.

As kids, we always want what’s best for our parents so if there are suspect signs of elder abuse, authorities should be contacted immediately.
Generally, signs of elder abuse include:
• bruising
• unexplained cuts of welts
• improper medication distribution
• dehydration and/or malnutrition
• weight loss or gain
• broken bones
• unsanitary living conditions
• fear of caregivers
• unexplained death

Our elders are more subject to abuse due to two factors. According to the National Center for Elder Abuse (NCEA), these two factors are social isolation and an impaired state of mind, like dementia or Alzheimer’s disease. If you suspect elder abuse, call the NCEA hotline at 1-800-677-1116 and contact the website of Atlanta personal injury attorneys Robbins &Associates P.C; we have 30 years of case experience and can help you right the wrongs that happened to your friend or relative.

Car /Bus Accidents

2009-05-29T14:04:00.000-04:00

Many people assume that because they are in a bus, they are safe. For this reason, people don’t tend to worry about the lack of seatbelts or airbags. And while car accidents are more common, bus accidents are not rare occurrences in our country today. On March 1st, 2009, 6 people were injured when a bus in Los Angeles country in California hit an oncoming car, on January 6th, 2008 a bus in Southern Utah hit the divider, killing 9 and injuring 46. Statistically speaking, the most common bus accidents are between cars and busses, the second are between busses and pedestrians. Every year, over 40,000 people die in car accidents, the numbers are startlingly large.

Bus and car accidents occur for many reasons:
• Driver negligence
• Bad weather or road conditions
• Defective machinery
• Speeding

And while some factors are controllable in accidents, many are not. As a passenger, you have rights. And understanding and knowing your rights is important in this day and age.

As the economy continues to struggle, more and more people are taking public transportation and carpooling. Speculations have been made that with the increased number of travelers, the number or bus and car related injuries could increase. If you or someone you know has been injured in a car or bus accident, contact the website of Robbins & Associates P.C.

Road Construction and Car Accidents

2009-05-21T16:36:00.000-04:00

Summer-time means the work crews are out cleaning up winter’s mess. From potholes and new paint to new lanes and shoulder work, road crews are busy this time of year. And while the safety of the work crews is always important, and drivers should be respectful, there are times when drivers are the ones who end up injured and in a car accident.

Typically, accidents that occur in work zones are due to driver negligence or unseen hazards in the road. When one lane closes and traffic converges, there are always inherent risks. However, private contractors are in charge of roadway construction and they are held responsible when highway safety precautions are not upheld.

These safety precautions include:
• Flagmen
• Warning signs
• Closed lane markers like cones or flashers
• Reflective clothing to help drivers see workers better

As a driver, it is always important to be alert when driving through a roadwork zone. If an accident does occur, it is vital that you try and document what happened. If the road was unsafe to drive on or flagmen were not present then you, as a driver, will have a better case. If you or someone you know was injured in a car accident at a road construction site, contact the website of Atlanta car accident attorneys Robbins & Associates, P.C.

SUV Rollovers

2009-05-21T11:18:00.000-04:00

Today, bigger is better: bigger homes, bigger meals, bigger televisions, and bigger cars. Since the 1950’s, the size of families has increased and so has the need for cars that seat more people. Today, 1 in 4 cars purchased is an SUV (sport utility vehicle), and SUVs are the most popular choice for families since they has more room and better safety features than smaller, more compact cars. And while the SUV may seem like the perfect road-tripping, soccer toting vehicle, an estimated 70,000 SUV’s rollover every year injuring or killing passengers. Rollovers are one of the leading causes of fatalities in car accidents.

So what can a driver do to reduce the risk of an SUV rollover?
• Make sure your tires are always properly maintained. Keep them pressurized and make sure the threads are not too bare.
• Avoid overloading the car. SUVs already have a higher center of gravity; this is what makes them more likely to roll. When the car is heavily loaded, the center of gravity is even more unstable, if you car is packed with lots of luggage, gear or people, make sure to take extra caution while driving.
• Take turns slowly and, if you are on bumpy or unpaved roads, take extra caution while driving.
• Always be aware of your surrounding and control your speed. SUVs were not made for racing, so higher speeds make them less stable.
• Avoid swerving the car unnecessarily. If you are driving fast and try to swerve to miss hitting a squirrel or something else in the road, the car’s narrower track width and high center of gravity could cause a rollover. The best thing to do is drive slow. If you have to swerve, avoid panicked swerving.

In you or someone you know was injured in an SUV rollover, the law office of Robbins & Associates P.C. in the Atlanta, Georgia can help; please contact their website to learn more.

Car Accidents at Intersections

2009-05-19T14:01:00.000-04:00

Car accidents happen. Whether or not the accident was your fault, or the fault of the other driver, it is important to know and understand the situation.

Some of the most common car accidents occur at intersections. Intersections can be dangerous because there are many different factors at play. Other drivers, signals, people crossing, turns being made. In fact, according to The Driving Institute of America, 1/3 of all accidents occur at intersections! The most common reasons car accidents at intersections occur are as follows:

• You or the other car ran a red light, or failed to stop at a stop sign.
• A pedestrian was in the crosswalk.
• Emergency vehicles with sirens sped through the intersection, causing other cars to swerve.
• A vehicle made a turn without looking.
• A vehicle failed to yield to right of way.

And while it is always important to know and understand the dangers inherent to driving, it is also important to know what precautions you can take in order to maintain yours and others safety on the road.
• Never assume things about the other drivers on the road. If you are at a 4-way stop, wait until the other cars stops completely.
• Try planning your trips early, so you do not need to speed to get where you are going.
• If you have a cell phone, use a hands-free set you are not as distracted behind the wheel.
• If an emergency vehicle is coming behind you and you are at an intersection, move out of the vehicles way, but try to pull over just beyond the intersection.

If you or someone you know has been involved in an accident in an intersection and live in Atlanta, Georgia, contact the website of Robbins & Associates, P.C. We have over 30 years experience handling cases and can help you when you don’t know what to do.

What Is Medical Malpractice?

2009-04-15T11:17:00.001-04:00

Medical malpractice is when a physician fails to provide his/her patient with the standard of care as practiced by their peers, resulting in mental, physical and/or emotional harm to their patient. Any physician can be held accountable for medical malpractice, whether it’s a doctor, nurse, paramedic, EMT, dentist, anesthesiologist, hospital employees and even the hospital itself.

Medical malpractice can occur at any point that you’re with a professional health care provider:

Neglect by the EMT and paramedic
In a pre-operative consultation with a surgeon or by the surgeon choosing to delay surgery, resulting in surgical medical malpractice
While waiting in a hospital’s emergency room
By an anesthesiologist failing to adequately review a patient’s history and administering an anesthetic that results in an allergic reaction
During childbirth, resulting in birth injury

Even if you signed a consent form, a physician’s negligence that results in personal injury or death, you might have a solid case against them. At Robbins & Associates, we have experienced medical malpractice attorneys to review your case and determine if you’re entitled to compensation. If you have a valid claim, our staff consults with expert medical witnesses who will also review the facts of your case and testify in court on your behalf.

Proving negligence in a medical malpractice case can take time. If you believe you’ve been the victim of medical malpractice, you need to consult with an attorney immediately as time limits exist, restricting the amount of time you may wait before filing a malpractice case.

If you or a loved one has been the victim of medical malpractice in Atlanta, please call or schedule a free consultation with one of our experienced Atlanta medical malpractice lawyers today.

Birth Injuries

2009-03-24T16:57:00.001-04:00

Medical malpractice suits stemming from birth injuries are tragic and devastating to those involved. The catastrophic consequences of a doctor’s negligence during labor can cause paralysis, brain damage, infections, damage to the spinal cord and even death.

A birth injury often occurs when a doctor fails to react in accordance with his profession’s standards when a complication arises during pregnancy or delivery, or when they prescribe a harmful drug to the woman during pregnancy.

Some common birth injuries that often have lasting consequences are:

Brachial Palsy, which occurs when the brachial plexus is damaged. Often this occurs during delivery. Consequences of brachial palsy are that the baby is unable to flex and rotate their arm
Erb’s Palsy is when a doctor has difficulty with the baby’s shoulders during delivery. This results in the stretching of nerves around the baby’s shoulders and paralysis of the arm is the usually consequence
Cerebral Palsy can be caused due to brain damage during deliverance. Some cases are devastating while others are mild—it depends on how much and what parts of the brain are affected
Facial paralysis can occur if too much pressure is applied on the baby’s face during labor. Typically the paralysis heals within a few weeks but sometimes surgery is necessary to repair the damage

Having a child is a joyous occasion. A newborn’s health should never be jeopardized due to a doctor’s negligence.

If your newborn was the victim of a birth injury in Atlanta, please contact Robbins & Associates today to schedule a free consultation with one of our medical malpractice attorneys.

Why You Need An Attorney After A Serious Vehicle Accident

2009-03-16T18:21:00.000-04:00

If you were involved in a minor, parking-lot fender-bender, the need for an attorney is unlikely. However, if you’ve been involved in an automobile accident, motorcycle accident, or truck accident that has caused you serious injury or resulted in the death of a family member, it’s essential to contact an experienced car attorney immediately.

Simply speaking with an insurance company won’t cut it. They want to settle and put minor compensation in your hand without delay, so as to provide you with immediate pleasure. In most instances however, you’re entitled to more reparation pay for your injuries than the insurance company would like you to know.

At Robbins & Associates in Atlanta, Georgia, we will review the facts of your case and use our team of experts to gather evidence to build a case that will compensate you for the full extent of your injuries. This includes payment for:

• Mental and physical pain and suffering
• Permanent disability
• Loss of wages and diminished future earning capacity
• Long term care
• Medical bills and out-of-pocket expenses
• Punitive damages

Settling a claim before consulting with an experienced car accident attorney limits your compensation. The outcome is final. If you need more physical therapy or surgeries than had originally been anticipated then you’re out of luck—you cannot return for more money. The bottom line is you should never settle a claim before you have fully recovered, thus potentially squeezing you out of your full compensation.

If you or a loved one has been involved in a serious vehicle accident in Atlanta, please contact Robbins & Associates today to schedule a free consultation with one of our Atlanta vehicle accident lawyers.

Legal Malpractice – Am I A Victim?

2009-02-19T18:01:00.000-05:00

Legal malpractice occurs when an attorney fails to perform to the standards of their profession, which includes inadequately representing their client, compromising their client’s case or the amount of compensation received, and/or a breach of contract.

If an attorney is negligent in representation of their client, this means they failed to perform at the “average” level of an attorney in the specified field. Compromising their client’s case and compensation received is also known as “breach of fiduciary duty”. This occurs when an attorney puts their interests or those of another party before their client. Breach of contract is when the lawyer fails to adhere to their role, expectations and obligations, as stated in the contract.

Some red flags that almost always constitute legal malpractice are:

Suing the wrong party or failing to sue all responsible parties
Failure to timely file the lawsuit
Not filing the necessary papers with the court
Lack of compliance with court ordered deadlines
Not serving legal papers
Lack of credible and expert witnesses to back evidence

If a judge has dismissed your medical malpractice, auto accident, or other lawsuit due to your lawyer’s negligence, you might be entitled to compensation.

If you’ve been the victim of legal malpractice in Atlanta, please contact Robbins & Associates today to schedule a free consultation with one of our attorneys who will help determine if you have a case against your former lawyer.

What To Do After A Car Accident

2009-02-17T13:08:00.000-05:00

The immediate aftermath of a car accident can be frantic and stressful. However, it’s essential that you take the appropriate steps to ensure that fault can be proven and you receive any compensation you’re entitled to, whether it be for injuries sustained during, or as a result of, the accident or damages to your vehicle.

First, stay calm and gain control of your emotions. The immediate rage, anger, fear or guilt you feel following the accident will only add unnecessary stress.

Next, survey the extent of damages and injuries. If a person’s injured, it’s easy to become panic-stricken following an auto accident. But maintaining a calm demeanor will allow you to soundly judge the injuries and damages suffered. Additionally, remaining composed allows you to make sensible decisions regarding the need for emergency paramedics.

Finally, file a report with the police. Even in minor accidents, in order to establish fault you need to have a legal accident report. Never leave the scene of an accident until speaking with the police and a report is filed.

In the heat of the moment, it’s easy to overlook a simple step: get your facts. You need the names, addresses, phone numbers, license plates, insurance company information, and the vehicle identification number of every person and automobile involved. If a commercial truck is involved in the accident, make sure you get the company names written on both the cab and the trailer, and find out if the driver is independent or works for one of the named companies or another company. If cargo spilled, note the type of cargo and how it was secured.

If you’ve been injured in an auto accident in Atlanta please contact Robbins & Associates today to schedule a free consultation with one of our Atlanta auto accident lawyers

Signs of Nursing Home Abuse

2009-01-19T13:41:00.000-05:00

When our parents reach the twilight of their lives, careers and the stresses of life do not allow us to provide them with the care they deserve. As a result, there are over one million nursing home beds in the United States. Unfortunately, many workers in these institutions are overworked, under trained and poorly paid, resulting in a shattering of the trust we placed in them to care for those who raised us.

Nursing home abuse is when an employee of a nursing home is negligent and/or abusive to one of its patients and mental, emotional and/or physical harm is inflicted. Many cases of nursing home abuse aren’t reported as its victims are embarrassed and warning signs are subtle. Commonly, nursing home neglect can take the form of medical malpractice in which your loved one receives inappropriate treatment or medication.

Here are telltale signs to look out for if you believe your loved one is or has been a victim of nursing home abuse:

Bruises, broken bones, burns and/or skin abrasions
Unexplained depression that onsets seemingly overnight
Disengagement from the community and/or activities that typically bring them joy
Abrupt change in finances
Bruises or marks around the genitals
Poor hygiene
Unexplained and significant weight loss and/or a change in appetite
Bedsores
Dehydration
Paranoia
Drastic mood swings

Neglect and abuse of your loved ones is a difficult pill to swallow. Emotions of rage, guilt, and anger are common—however, acting on your own rarely punishes those responsible or gets compensation for you and your relative. Immediately contact an experienced nursing home negligence attorney if you wish to see results.

If believe that your loved one is currently or has been a victim of nursing home abuse in Atlanta, please contact Robbins & Associates today to schedule a free consultation with one of our attorneys.

What Is Qui Tam?

2009-01-05T13:39:00.000-05:00

Qui Tam is Latin for “whistleblower” and provides ordinary citizens with the tools to file lawsuits against an individual or a company that has successfully defrauded the United States government. Plaintiffs in qui tam cases are referred to as the “Relators”, and often are former (or current) employees of the company they’re filing against.

Qui tam cases were established by law under the False Claims Act and require extensive knowledge of the law for compensation to be rewarded (the relator receives 15 to 30 percent of the amount compensated to the government, which is three times the amount of the government’s losses). These cases are filed in federal court and the investigation is done in secret, from both the public and the defendant, for the first sixty days. Very often the investigation requires more time and the secrecy seal’s duration can be extended.

The False Claims Act also protects Relators from retaliation by their former employer. This includes job reinstatement and compensation for damages the Relator might have sustained due to retaliation.

If you are aware of any fraud against the government, it’s imperative that you contact an attorney today to begin the lengthy investigation and provide you with protection. Please contact Robbins & Associates of Atlanta, Georgia today to receive the guidance you need.

What Is Wrongful Death?

2008-12-26T17:00:00.001-05:00

The death of a loved one is a tragic and devastating experience. When that death comes prematurely due to the negligence or deliberate misconduct of another party, then the tragedy is also known as wrongful death. For those left behind following the wrongful death of a family member, the financial burden of lost income coupled with the emotional harm is a devastating burden to bear.

There are numerous acts that might have grounds for a wrongful death. Some of these include:

Reckless driving, which results in an automobile accident, motorcycle accident, or truck accident
Medical malpractice, including surgical malpractice, anesthetic malpractice and cosmetic surgery malpractice
Nursing home abuse or neglect in which a nursing home employee is guilty of cruelty or carelessness in their responsibility for your loved one

Losing a loved one due to someone’s carelessness, recklessness and/or neglect is heart wrenching. While emotional harm can often be compensated for, financial loss and injury is where the majority of damages stem from. Entitlement may include loss of potential inheritance, diminished future income, medical expenses and funeral costs. At Robbins & Associates, we have experienced wrongful death attorneys who will review your case and conclude the amount of damages you and your family are entitled to.

Learn more by reading our frequently asked wrongful death questions.

If you feel you are entitled to compensation due to another party’s negligence having resulted in the wrongful death of your loved one in Atlanta, please contact us today to schedule a free consultation with one of our Atlanta, Georgia wrongful death attorneys.

Have You Been Falsely Arrested?

2008-12-17T16:58:00.000-05:00

A false arrest is the illegitimate incarceration of a person because there is insufficient evidence against them. Very often, security personnel or private employees of a company conduct these detentions. Yet it is illegal for a private citizen or employee to detain someone who is not committing a crime before his or her eyes. However, it’s not uncommon for police officers to engage in a false arrest.

False arrests by a police officer are the result of:

The officer relying on faulty information
Probable cause did not exist but the officer conducted the arrest anyway
A warrant never existed
Unnecessary search and seizure

Being the victim of a false arrest can cause a torrent of questions and emotions to rush through your head:

What’s the gravity of the charges?
Is there a basis behind them?
Is my innocence possible to prove?
What are my rights?

It’s important that you remain calm and do not speak without the presence of an attorney. At Robbins & Associates, we have experienced false arrest attorneys who can legally advise and provide guidance.

A false arrest can have emotional and physical repercussions on its victims and you are entitled to compensation for these injuries. If you or a loved one has been the victim of a false arrest in Atlanta, please contact Robbins & Associates today to schedule a free consultation with one of our attorneys.

Truck Accidents

2008-11-23T15:34:00.001-05:00

Truckers work backbreaking hours and are driven by tight, stressful deadlines. These factors make it more difficult for them to concentrate on doing their job, which is to safely and efficiently deliver their cargo. Having a tired and overworked driver behind the wheel of a massive eighteen-wheeler weighing over 80,000 pounds puts innocent people at risk and accounts for one in nine highway accidents, most of which are catastrophic, causing brain injuries or wrongful deaths.

Fatigue and stress of the driver are not the only causes of truck accidents. Due to a company’s greed, very often the truck will be overloaded with cargo or the vehicle is ancient and experiences mechanical failure or has defective parts.

Negligence is never acceptable in any profession. But with truck accidents having a fatality rate of 94% with the victim almost always a civilian, the lines between negligence and murder are blurred.

If you or someone you love has been involved in a truck accident, you need to speak with an attorney immediately. Trucking companies have highly paid attorneys who will seek to settle the case immediately, often resulting in you receiving immediate pay, but not all the compensation you’re entitled to.

If you or a loved one has been severely injured or killed in a truck accident in Atlanta, please contact Robbins & Associates today to schedule a free consultation with one of our Atlanta truck accident lawyers.

Injured On The Job? Learn How To Receive Workers’ Compensation

2008-11-10T15:27:00.002-05:00

If you’ve been injured while working or have developed a disease or condition as the result of your work, you might be eligible for workers’ compensation. However, your employer and their insurance company will do everything in their power to limit or curb the amount of financial compensation you receive.

In order to secure full compensation for your injuries, you need to fulfill a few responsibilities:

Immediately receive the necessary medical treatment for your injury and inform your provider that your injuries were sustained at, or are related to, work
Inform your supervisor about your injury. Be sure to relate how you were injured in specific detail. By failing to inform your employer in writing within thirty calendar days of the injury, you might lose your right to Workers' Compensation
Read the Workers’ Compensation Article of your contract

If you’ve followed those simple but necessary procedures, you’ve done the most important steps in securing financial compensation. Afterward, be sure to:

Adhere to your doctor’s instructions to ensure a healthy recovery
Stay in close contact with your employer

Click here for Frequently Asked Workers’ Compensation Questions.

If you’ve been injured on the job, you’re entitled to compensation for medical bills, rehabilitation expenses, and lost wages (past and future). The workers’ compensation lawyers at Robbins & Associates are dedicated to ensuring you receive all the payments you’re entitled to. Please call or schedule a free consultation with one of our experienced Atlanta workers’ compensation attorneys today.

Auto Accidents Are in Decline

2008-10-17T12:43:00.000-04:00

According to studies, gasoline prices are having a positive effect on traffic fatalities, and this year the number of traffic deaths may reach their lowest level since 1961. Preliminary figures on auto accident deaths show that higher gas prices nationwide have lead to a dramatic reduction in those killed. With a gasoline shortage gripping Georgia, Tennessee, and other parts of the Southeast after Hurricane Ike, it's likely that figures will continue to drop.

Traffic fatalities in 1961, when gasoline was less than one tenth its current price--$0.31 per gallon--were just over 36,200. Traffic fatality rates then rose every year, and peaked at 55,600 in 1972, despite the addition of mandatory seatbelt regulations by the federal government. After years of steady decline, the number hovered just above 42,000 per year, despite the fact that people were buying huge SUVs that made them feel safer in the event of an accident. Then last year it dropped to 41,059, and this year the number of fatalities dropped sharply, 22 % in March, and 18 % in April as people stopped driving their supposedly-safe SUVs because of high gas prices. If the trend continues, fatalities will be less than 37,000 this year for the first time since 1961.

The changes are not uniform across age groups. Teenagers and the elderly, who are the most likely to die in traffic accidents, are adversely affected by gasoline prices and tend to change their behaviors first, so the number of deaths among these groups is declining more rapidly than other groups.

With the gasoline shortage, there will hopefully be an even greater decline in traffic fatalities, because many of the very driving behaviors that conserve gas--driving slower, observing proper spacing, and others--are also safer driving behaviors.

But if you have lost a loved one as a result of an auto accident, contact an experienced Atlanta, Georgia auto accident lawyer at Robbins & Associates, P.C. today for a free initial consultation and case evaluation.

Unsecured Loads Cause Accidents

2008-10-03T12:39:00.001-04:00

All truck drivers are responsible for the loads they carry. And carrying different types of cargo to restaurants, stores, and suppliers all over the country is an everyday experience. If you ever drive on the highway, you’ve seen them. However, just because truck drivers are responsible for their loads doesn’t necessarily mean they are responsible with their loads. Sometimes these loads come loose and fly off the truck. And sometimes these unsecured loads hit other cars causing horrific accidents.

An unsecured load accident is more likely to happen if the driver or their employer has not paid careful attention to how their load is stored or attached. Another concern is overloading, which may cause a load imbalance. This then can cause the entire load to come loose. Trucks carrying tires, wood, steel beams, or even other vehicles need to be aware of this. Though a demanding schedule means that they must carry a load many would consider unsafe, the driver needs to take extra care in making sure their load is secured. They must also be sure their vehicle is maintained properly so that the parts that help to secure their load do not snap off or break.

If you or your loved one has been injured in a truck accident due to an unsecured load in the Atlanta, Georgia area, please contact us for an initial evaluation.

Mistakes to Avoid After an Accident

2008-06-25T16:16:00.000-04:00

If you or someone you know has been injured in an accident, here are some mistakes to avoid. These types of issues can affect your ability to be reimbursed for lost wages, medical expenses and pain and suffering associated with your accident. These recommendations are for any type of accident, whether it involved a vehicle or a personal injury in which a third party was at fault.

Don’t wait to file a claim with your insurance company. Be sure you know how long you have to file a claim. This information should be outlined in your insurance policy.

Don’t wait to file a police report and get a copy of it. If you neglect to secure a copy of the report immediately, it could end up being transferred to another office which will then take months before you can obtain a copy.

Do not report anything but the basic facts of the accident to insurance adjustors for any insurance company, including your own. Many insurance companies are honest, but they are in the business of reducing settlement amounts. Sometimes they do not employ completely honest means to obtain damaging information against your case.

Do not embellish or speculate about any pain you are experiencing, but be honest with any medical care professionals you deal with when you are suffering. Your medical records are evidence that can be used for or against your case.

Do not wait to gather contact information or statements from any witnesses to your accident. Memories fade, people move and in some cases the witness may have decided they no longer care or want to be involved in your case.

Do not believe anyone who tells you that you don’t need to call a lawyer. More often than not, if someone is telling you this, they are afraid you may do just that. You have reason to be suspicious of them.

It is important that you act decisively in the first few days following your accident. You should retain an attorney who is knowledgeable and qualified to handle your case in your best interests. An attorney will deal with all of the people who will be attempting to speak with you and convince you to settle quickly, such as:

Insurance investigators
Law enforcement personnel
Someone else’s attorneys
Someone else’s insurance representatives

To protect yourself and your rights, please retain a qualified attorney immediately by contacting Robbins & Associates.

Common Forms of Property Ownership

2008-06-10T16:10:00.001-04:00

There are a variety of types of property ownership, each involving specific rules relating to ownership.

Sole Ownership - The property is owned entirely by one person.
Joint Tenancy - This type of property is owned by two or more people at the same time and each person owns an equal share. Often referred to as the four unities: Unity of time, title, interest and possession. When one tenant dies, that share is equally vested into the other tenant shares. This form of property ownership is not allowed in every state.
Tenancy in the Entirety - This applies to some states which have a specific form of joint tenancy that relates to a husband and wife as the joint tenants. Each person owns half of the property, therefore neither can sell without the other’s consent.
Tenants in Common - This form of tenancy refers to a property owned by two or more people at the same time. The interests in the property do not have to be equal between the tenants. When one of the tenants dies, that share is passed to whomever that person has named as heir(s).
Community Property - Some states recognize community property. In these states, a special form of joint tenancy can be established. In this form, the husband and wife each own half of the property. Upon the death of one or the other, the decedent’s interest is passed on to whomever that person has named as heir. This is similar to tenants in common, but relates to husband and wife and, in some states and cases, common law partners.

All of these forms of property ownership relate to present and future interests. In other words, who owns it now and who will own it once that person dies. To learn more about property ownership and other real estate law issues, please contact Robbins & Associates today.

Cancer Diagnosis: When is there a Case for Malpractice?

2008-05-29T13:28:00.000-04:00

One of the most common types of medical malpractice lawsuits stems from a medical professional’s failure to properly diagnose cancer. The key to the success of the lawsuit is proving that the failure to diagnose soon enough resulted in further harm to the patient. If no further harm was caused by a delay in diagnosis, the case will fail.

The success of a malpractice case concerning a failure to diagnose cancer relies heavily on what stage the cancer was in when it was initially missed. For example, a lung cancer diagnosis that was delayed for less than six months will likely be difficult to prove as malpractice.

In cases where the physician failed to diagnose breast cancer, the major concern lies in whether or not there have been metastases into the lymph nodes and how many have been effected. A system for determining the stage of breast cancer the patient is in is determined by the number of lymph nodes involved and the size of the tumor(s).

Oncologists are able to trace the cancer growth rates back to the point in time when the negligent act occurred. Negligence factors differ depending on the type of cancer that was overlooked. Different types of cancers have different growth patterns, so some grow faster than others and are much more detrimental if missed at an earlier stage.

If you or someone you love believes that they have a case for medical malpractice in a failure to diagnose cancer, please contact Robbins & Associates today for information on your rights.