Month: December 2009

More than any other area of law, personal injury cases tend to be extremely confusing to many. Victims are often not sure what they should do.

“After being in practice for as long as I have, the number one area that I get questions in usually pertains to some very common misconceptions about personal injury law. The top question is usually asking if they need to hire an attorney to settle their case,” commented Stephen Ozcomert, an Atlanta personal injury attorney.

It’s one thing to not really understand the law and how it works; after all the “is” a lawyer’s job. However, not really grasping what personal injury law is about, even in a general manner, may have a significant impact on an individual’s claim and potential settlements. “While it’s true that victims aren’t mandated to hire an attorney, it is generally in their own best interests to do so. Why? Because the attorney is able to outline the type of compensation handed out in other similar cases,” added Ozcomert.

This isn’t the only thing a skilled personal injury attorney will be able to tell their client. “In most instances the victim has no clue what their rights are and what they may be entitled to if they win. They don’t know that sometimes settlements are reached prior to actually going to court, and they definitely don’t understand how the statute of limitations works, and that a case must be filed in a timely manner to avoid losing the right to sue,” Ozcomert said.

Other victims think they have to wait to settle their cases prior to getting any medical treatment. This could not be further from the truth. “Most of the 49 states have laws on the books that make sure victims get medical treatment quickly. No one has to wait to get it until later. The fact is that medical bills, tests, records, a paper trail showing medications, etc. actually builds a stronger case and may allow for greater compensation at trial,” stated Ozcomert.

There is also a myth floating around that anyone injured in an accident is guaranteed compensation for their injuries or loss. This is not always the case either, and a good attorney will spell out precisely what may or may not be possible in terms of compensation or even having a solid case to take to court. “And, speaking of court, the other myth I hear a great deal is that people figure they’re going to have a long court battle in front of them if they don’t accept a settlement prior to trial. While the case may go to court, in reality, most personal injury cases are settled out of court, and the settlements are comparable to what a court may have decided,” said Stephen Ozcomert, an Atlanta personal injury attorney.

To learn more visit http://www.ozcomert.com.

COMPANY PORTRAIT

The law offices of Stephen M. Ozcomert specialize in personal injury, accidents, and malpractice law in Atlanta Georgia.

In a very horrific minivan and semi collision, the evidence points to the driver of the truck blowing a stop sign. This case could be pursued in a criminal court and as a wrongful death lawsuit in civil court.

The circumstances of this case made even toughened state troopers weep. A young toddler, just three years old, was killed when the minivan he was riding in was rear-ended by a big rig. “The wreck was horrific and the young boy never stood a chance to survive an impact that severe. The semi-truck hit the van at such a speed that that whole rear end of the vehicle crumpled and was shoved forward, crushing the boy,” said Stephen Ozcomert, an Atlanta personal injury attorney.

The mini-van was being driven by the young boy’s mom at the time of the crash. She was taken to the nearest city hospital in critical condition. Despite the fact that all the occupants of the van were belted in, and no one was ejected, the devastation was monumental. The boy’s father and two other young kids were injured, but not critically.

“Eyewitnesses to the event stated in sworn testimony that the 18-wheeler was speeding at the time of the impact and had blown a stop sign just minutes prior to rear-ending the minivan,” indicated Ozcomert. The van was pushed off the highway as both vehicles got tangled in the impact. As one, they plunged into some trees and landed in a swamp. Police at the scene indicated that the driver would face criminal charges at the conclusion of their investigation.

“In this particular situation, the family of the young lad should be able to file a wrongful death suit based on the evidence. In most instances, the criminal charges would be laid and the case then proceeds to court for disposition and possible sentencing. Just because the case goes to a criminal court does not mean the driver in this example can’t face a wrongful death suit. The only difference between a case like this going to a criminal court and a civil court is the standard of proof required to convict/find guilty,” explained Ozcomert.

When situations like this happen, never assume that nothing can be done except charging the negligent truck driver criminally. “There may be enough evidence to take this case to civil court and hold the driver responsible for the child’s death. The most famous example that many people will identify with is the O.J. Simpson case where he was subsequently convicted of the death of his wife and her friend in a wrongful death suit,” added Stephen Ozcomert, an Atlanta personal injury attorney.

To learn more visit http://www.ozcomert.com.

COMPANY PORTRAIT

The law offices of Stephen M. Ozcomert specialize in personal injury, accidents, and malpractice law in Atlanta Georgia.

While we may not realize it, the most dangerous thing that can happen is to be involved in a slip and fall accident on someone else’s property. If negligence plays a part in the cause of the accident, a lawsuit may follow.

It’s interesting in a way to note that people are quite upset about the thought of being victims of violent crime; fear of getting trapped in an elevator; live in horror of a plane crash; or of dying in a vicious hurricane. While these things can and do happen, they don’t happen as often as people taking a hard tumble on someone’s improperly maintained property. “In other words, often the most dangerous things to people on a personal injury level are those that happen as the result of a slip, trip and fall on another person’s premises. This usually happens when people least expect it as well,” commented Stephen Ozcomert, an Atlanta personal injury attorney.

When dealing with premises liability law, a property owner or manager of that property may be held liable for injuries that happen to guests while they are on that property. Pay attention to the use of the term “guest” when it comes to premises liability cases. Guest may mean a salesperson, customer, client, house guest or even a trespasser. What term is used depends on what a property’s purpose is and what it is used for. “If someone has sustained injuries as a result of a slip, trip and fall accident on someone else’s property, it is a good idea to speak to a highly skilled personal injury attorney about what their rights are. Not every fall has the elements needed to present a case in court,” Ozcomert added.

What the attorney needs to look at is the property in question where the accident took place to determine if there was continuous and proper maintenance. “This is crucial to any premises liability case simply because the lack of or failure to perform proper maintenance has the potential to create preventable hazards for people on the property in question,” said Ozcomert. There are some cases where even if certain properties are properly maintained, such as swimming pools, there will always be the risk of drowning or other injuries.

The most common premises liability cases tend to revolve around incidents like exposed electrical wiring; porches or stairways collapsing; scald burns; falling tree limbs; uneven ground; impalement possibilities on projecting objects; carbon monoxide poisoning; and fire as a result of hot water heaters or improperly vented appliances or fireplaces.

If fatal injuries resulted from a fall or an individual developed a deadly illness due to conditions found at a property, or sustained other serious or permanent injuries, there is the possibility of filing legal action.

To learn more visit http://www.ozcomert.com.

COMPANY PORTRAIT

The law offices of Stephen M. Ozcomert specialize in personal injury, accidents, and malpractice law in Atlanta Georgia.