Category: Press Releases

In most accidents, someone is at fault. The hard part is figuring out who that is in some cases.

“It’s one thing to be in an accident but quite another when you then have to argue with someone else over ‘who’ was at fault in the first place. I see this a great deal in auto accidents and motorcycle collisions,” said Stephen M. Ozcomert who handles personal injury cases, accidents, and malpractice law in Atlanta, Georgia.

In some cases, it will be painfully evident who caused the accident; in others, it may take a long time before the facts come to light to apportion blame. And yes, there are certainly some cases where both parties are to blame. No two accidents are ever alike, despite the fact they may look alike on the surface. “There’s something that a lot of people don’t realize about accidents. It’s not the police who determine who is at fault; it’s the insurance company after you file a claim. They use police information to decide who is at fault,” explained Ozcomert.

Many accidents involve just two vehicles; others are multi-vehicle chain collisions and every party involved in that would need to file their own separate claims. Once the claims hit the insurance company, it’s time to figure out fault and start assessing the damages. In most instances, fault is calculated by percentages and the negligence of the driver(s).

“There are four things used to figure out negligence: driver’s duties, the cause of the accident, breaches in the driver’s duties and the negligence of the driver(s). Sounds rather complicated, doesn’t it? Interestingly enough, every insurance company has their own way of arriving at a final fault percentage to assign to drivers,” Ozcomert remarked.

One really clear sign that someone was at fault is if one driver, or both of them, were breaking the rules while driving. Despite that method of determining fault, just because one driver was clearly in the wrong doesn’t mean the other driver was paying attention and if they had been driving defensively, could have avoided the accident or mitigated damages. Needless to say cases like that, where two drivers are ostensibly at fault, are nightmares for opposing insurance companies to sort out.
“If you throw DUI into this mix, that’s a problem as well. Witness statements may not be of much use, which leaves the insurance company relying on the police report – if one is filed. Don’t expect action on your claim to happen overnight, as it usually takes weeks or months. If you haven’t spoken to an experienced attorney about your accident, you might want to think about doing that quickly. Having a lawyer on your side usually speeds things up,” added Ozcomert. It’s always a smart move to find out what your rights are when it comes to auto accidents.

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

When servicemen are killed in the U.S. in car crashes, it’s hard to accept. They survived Iraq only to come home and wind up dead.

“This case was really hard for the family,” said Stephen Ozcomert an Atlanta personal injury attorney. “The 21-year-old Marine hadn’t been home all that long when he and his wife were hit head-on by a wrong way driver,” he explained.

The wrong way driver was a 71-year-old man who was heading east in the westbound lane where the Marine and his family were driving. They met head-on. When EMS crews responded to this accident call, they immediately transported the young Marine, his wife and the other driver to the nearest hospital for treatment. Unfortunately, the Marine died at the hospital and his wife was flown to another hospital to be stabilized. The driver of the other car was also stabilized at the hospital.

“No one is sure why the 71-year-old man driving the Chevy Silverado pickup truck was driving the wrong way on the highway. Eyewitnesses only recall seeing the head-on crash, but not what the driver was doing prior to the crash. There will be a full investigation into this crash to determine why the man was some place he should not have been,” added Ozcomert, a veteran auto accident attorney.

On the surface, it’s fairly obvious that the elderly man was at fault for driving the wrong way. Perhaps all that really matters now is that the police are able to find out why. “Was the gentleman driving while distracted? Was he using a cell phone at the time? Was he not wearing glasses as prescribed in order to drive? Was he suffering from dementia and didn’t realize where he was? All those things are relevant in terms of a wrongful death lawsuit,” Ozcomert explained.

When the Marine’s wife is able to contact an attorney, it’s fairly certain she will be asking questions about filing a lawsuit based on the facts as they stand and any further information that turns up as a result of the police investigation. Even if charges are laid, a civil action (personal injury wrongful death lawsuit) may still be filed.

“If you find yourself in a situation like this one, or any other kind of auto accident that results in serious injuries or a fatality, get to a competent personal injury lawyer as soon as you can. It’s important to start an action as soon as possible before the evidence is either destroyed, removed or altered. Time is critical in cases like this and to get justice, whether that may be through a settlement or a jury verdict, the case needs to move forward quickly,” added Ozcomert.

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

Generally speaking, products are safety tested before they hit the marketplace. Now and then, something goes wrong.

“While it’s true that most products are safety tested before they are put on the market, there are cases where something goes wrong – either intentionally or unintentionally. When that happens, consumers may be at risk for serious injuries or death. Nowhere is this more critical than when it comes to products for babies and children,” remarked Stephen M. Ozcomert who handles personal injury cases, accidents, and malpractice law in Atlanta, Georgia.

“In many cases of product recalls, you might see the news release saying that there have been no reported injuries at the time of the recall and that the company was voluntarily recalling the product. That ‘may’ happen in rare cases, but frankly, most product recalls are product recalls because someone was hurt, and in reality, a product has to hurt someone before the maker recalls it,” observed Ozcomert.

Lately, there have been a whole lot of products made for children that have been recalled ranging from Hannah Montana toxic cadmium jewelry to wicker trunks with hinges that fall suddenly and strangle children. The world’s a very unsafe place to live and it’s become common place for parents to have to “vet” their children’s toys for safety.

Some things you might want to consider when buying toys for your kids are watching for what it is made with/of such as cadmium, lead paint or bisphenol A. Does it have small moving parts or parts that can break into small enough pieces to become a choking hazard? “Are there a lot of products from the same country that seem to be the focus of recalls? If so, you may want to avoid buying products manufactured in that particular country,” suggested Ozcomert.

Recalls become recalls for a wide variety of reasons and they may include chemical burn risk, a fall hazard, strangulation risk, laceration potential, burn hazards and choking potential, etc. Frankly, these days it just seems like they don’t make toys the way they used to when we were growing up. They seem to be aiming for mass production of a cheap toy that doesn’t last long and is made in a questionable manner. “Gone are the days when your children had a toy for years because it was well made and safe to play with, without it coming apart,” added Ozcomert.

“Has your child been injured by a defective product? Give me a call and I will take a look at your case and explain the issues involved in product liability law,” Ozcomert offered. “You may well be eligible for compensation for doctor’s bills, pain and suffering, lost wages, and if your case is more serious and involves the death of your child, compensation for that wrongful death,” he explained.

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

Georgia has new penalties for dangerous drivers that support trauma care in the state.

This is quite possibly a groundbreaking development in terms of trying to handle the number of dangerous drivers in the State of Georgia. The “Super Speeder Law,” also formally recognized by the designation HB160, went into effect January 1, 2010. Its main thrust is to try and cut down on the number of speed-related accidents.

The new law dings all drivers convicted of doing speeds of over 75 mph on two lane roads and all drivers convicted of doing speeds of 85 mph and over on other Georgia roadways. This isn’t the end of the fines though. In addition to paying local fees, illegal speeders will have to fork out an additional $200 state fee for driving like demons.

For those speeders who figure they can get away with not paying the state fee, there is a surprise waiting in the wings for them. “Non payers will face an additional $50 fee and have their licenses suspended,” explained Stephen M. Ozcomert who handles personal injury cases, accidents, and malpractice law in Atlanta, Georgia.
None of this process is exactly easy, and convicted speeders will be required to make two separate payments. “For instance, the local citation is paid normally – meaning in the jurisdiction where the ticket was issued. The Super Speeder fee gets paid to the Georgia Department of Driver Services,” added Ozcomert.
The interesting thing here is that the new violations won’t mean additional points added on to an offender’s license. While this may be something lawmakers might want to revisit in the future, for now the penalties are hefty fines and license suspension.
The major benefit of this law is that the fees collected from the speeders go toward a general state fund used in Georgia’s trauma care hospital system. Unfortunately, some of the super speeders may find themselves benefiting from the fund at a later date if they don’t curb their penchant for driving too fast.
It’s already been estimated that close to 60% of the patients in Georgia trauma care centers were taken there as a result of sustaining serious injuries in car crashes that often involved speed. In fact, in 2008 alone, speed was a related factor in roughly 21% of all road fatalities in Georgia.
“It will be interesting to see the year end statistics for this new program. Frankly, if the money goes toward caring for badly injured people, it is a step forward in social responsibility,” commented Ozcomert an Atlanta personal injury lawyer who has seen his fair share of car crashes as a result of speed demons.

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

In another case of a driver not seeing a motorcyclist, this biker hit the back of a truck. He died shortly after the impact.

In this case a 57-year-old biker was out for a Saturday afternoon ride. About halfway along to his final destination, a teenager driving a pickup truck turned left right in front of the motorcyclist. The biker had no place else to go and couldn’t stop immediately and hit the right rear of the truck.
The force of the impact was so great that the biker was ejected and landed hard on the pavement. When the EMS crews arrived, they pronounced the man dead at the scene. The 18-year-old teen was not injured in this accident.

It isn’t clear why the teen turned right in front of the biker. Although if we had to guess based on the accident statistics involving cars and motorcycles, it would likely have been the fact that the teen driver didn’t even see the biker. Many car drivers don’t see motorcycles for a variety of reasons.
In this particular case, this accident may have happened because the teen just didn’t have the same amount of driving experience an older person would have had and was therefore not paying attention to the road or other traffic. The driver may have been distracted, talking on a cell phone, talking to a passenger, reaching for something in the backseat or picking something up off the floor. He may also have been speeding and driving in an unsafe manner.

On the other hand, the motorcyclist may also have been speeding or under the influence of drugs or alcohol. He may also have had a problem with the bike that caused him to lose control because his brakes were not working. He may have slid on debris on the road or swerved to miss a pothole.
Even though some accidents look like open and shut cases on the surface, they usually aren’t. This is why a good motorcycle accident attorney does a complete investigation on his own, even over and above what the police do. The true facts of the case determine liability and negligence and are crucial to know if the case has the chance of going to court.

If you’ve been in a motorcycle crash, you will need legal representation. You can count on the fact that the insurance company will have a phalanx of lawyers handing out advice. Make sure you have your own lawyer to fight for your rights and proper compensation.

Tim Anderson works with Atlanta Personal Injury attorney, Stephen M. Ozcomert. The firm specializes in personal injury, malpractice, motorcycle accidents, and wrongful death. To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert, visit Ozcomert.com.

In this case, a man died of a heart attack triggered by carbon monoxide poisoning. The family considered it a wrongful death.

This case involved a 62-year-old man who perished in June of 2008, as the result of a heart attack that was presumably triggered by carbon monoxide that pervaded the cabin of a rented houseboat.

“Apparently, other family members on the same boat were taken ill, but were able to recover,” recounted Stephen M. Ozcomert, who handles personal injury cases, accidents, and malpractice law in Atlanta, Georgia.

The suit is only now coming to court as it bounced around a bit in different jurisdictions. The main focus of this wrongful death lawsuit is that the carbon monoxide, given off by a generator on the houseboat, was trapped inside the cabin and sleeping areas of the craft. Evidently, the carbon monoxide detectors didn’t sound an alarm to alert those onboard that they were inhaling toxic levels of this odorless gas.

“The plaintiffs in this case accuse the defendants of negligence in not having properly working carbon monoxide detectors on the boat. There are a number of defendants in this lawsuit, and all of them have denied any liability in the death,” added Ozcomert.

“The concept of wrongful death is that the death itself, as well as injuring the person in question who subsequently died, also hurt/injured people who depended on that person. In most cases they depended on the deceased for emotional or financial support,” Ozcomert explained. The wrongful act could consist of someone being reckless or negligent and thus causing the death of someone. Just about every state has a wrongful death statute that allows relatives of the deceased to file a lawsuit.

Wrongful death lawsuits must be filed within a certain time frame or the opportunity to do so vanishes. “Each state also has a different time limit, so if a person isn’t certain what that limit is, it’s best to call a knowledgeable lawyer. Generally speaking the clock ticks from the time of the accident or from when the party became aware of or discovered the injury/death,” stated Stephen M. Ozcomert, who handles personal injury cases, accidents, and malpractice law in Atlanta, Georgia.

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

Laying down a motorcycle and sliding to avoid fatal injuries saved this man’s life. The car driver that caused the accident was oblivious.

This is another case we heard about and were interested in because we handle a fair number of motorcycle accidents every year. Many of them are fatal. This one was not, but it did cause the rider a lot of grief in the long run.

“This happened in 2007 and involved a Honda custom motorcycle that was traveling along a highway when a car heading in the opposite direction to the biker suddenly made a left turn a few feet in front of him without signaling. With no place else to go, the biker did the smart thing and laid his bike down on its side and slid behind it to avoid a fatality,” recounted Stephen M. Ozcomert, who handles personal injury cases, accidents, and malpractice law in Atlanta, Georgia.

To say that he was in rather rough shape when all was said and done would be an understatement, so he contacted a personal injury attorney to find out if he could recover damages for his bike and his medical bills. “In this particular case, the car driver did admit he was at fault and was negligent in not signaling his intentions. In fact the driver was also cited by the police,” Ozcomert added.

The biker’s injuries were multiple and very uncomfortable, and included severe road rash on his back, legs and arms, almost too many cuts and bruises to count, a possible dislocated shoulder, plus rib and chest trauma. In other words, the injuries are painful, may be permanent and may cause him limited mobility later.

“But for the negligence of this car driver, this man would not have been so badly hurt in a motorcycle accident. Unfortunately, bikers are always constantly aware that drivers rarely see them or pay attention to them and thus they face some serious problems on the road at times,” said Stephen M. Ozcomert who handles personal injury cases, accidents, and malpractice law in Atlanta, Georgia.

For anyone involved in a motorcycle accident, someone who survives, or is badly injured or permanently injured, contact a skilled personal injury lawyer and find out how to proceed with a lawsuit. If the biker does not survive the crash, the family needs to speak to an attorney about filing a wrongful death case.

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.

Slip and fall accidents may be more than just embarrassing. They may cause serious injuries and even death.

“Premises liability is a tricky area of the law and there are several things that need to be in place before a good case is made to take to court. Let’s take a look at a case we heard about recently that involved an entrepreneur with her own business that badly injured her knee in a slip and fall at a grocery store,” said Stephen M. Ozcomert who handles personal injury cases, accidents, and malpractice law in Atlanta, Georgia.

The woman in question was shopping at a local grocery store where she slipped and fell in a high traffic area due to standing water on a concrete floor. The condition was made even worse because the water had plant food and organic soil in it, which made the surface of the concrete very slick. “In other words, this was not just standing water on concrete. It was standing water with additives that made the surface of the concrete slippery,” Ozcomert pointed out.

The concrete area where she slipped also had a crack in the floor, and when she fell, her knee hit the lip of the crack and badly twist her knee, plus sustained other cuts, bruises and scrapes. “After she fell, she checked the area for any warning signs or cones to warn people about the water. There were none in view, although there were some behind a counter. As you can see, this case is slowly shaping up to have some meat to take it to court,” explained Ozcomert.

“The woman who fell was classified as a business invitee on the grocery store premises, which means the standard of care for a business invitee is notched up to a higher level. Why? Because the store, or premises, is open to the public so they can come and do business,” said Stephen M. Ozcomert who handles personal injury cases, accidents, and malpractice law in Atlanta, Georgia. In other words, the grocer owed her the highest degree of care to keep its premises safe and to inspect it regularly to ensure customer’s safety.

The fall did enough damage to her knee that the woman had to shell out over $15,000 in medical bills. She spoke to a personal injury attorney who took her case to court and she subsequently won over $60,000. Although it took three years for the case to be finalized, the outcome was favorable for the woman.

Premises liability cases need the expertise of a seasoned personal injury attorney who knows what to look for and how to handle and present cases such as this one in court. “Anyone who has slipped and fallen in similar circumstances would be doing a smart thing by consulting with an attorney. Not every slip and fall case may be taken to court, but the attorney is the best person to assess the case on its merits,” added Ozcomert.

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

COMPANY PORTRAIT

There is only one cell phone law in the State of Georgia; the one relating to school bus drivers. That may change if the Bill in the House dealing with this is passed.

Who hasn’t been behind a person on cell phone trying to drive at the same time and making a total mess of it? Cell phone use while driving and texting while driving are two new additions to what makes driving a real hazard in the 21^st century. That last brutal car crash on the Interstate, the one that took the life of a young teenage boy, was the result of the teen texting while driving. He never saw the 18-wheeler he slid under.

“While it may seem to be a no-brainer that people who use cell phones and drive at the same time are accidents looking for a place to happen, this isn’t easy to prove statistically speaking. I just recently read a study released by the Insurance Institute for Highway Safety that indicated bans on handheld cell phone usage while driving didn’t make a different to accident rates. This piqued my interest and I did some further research, knowing Georgia was about to pass a ban into law,” commented Stephen Ozcomert, an Atlanta personal injury and malpractice attorney.

The study went on to reveal that in states with bans and in states without bans, the accident rates had gone down slightly. “Perhaps people are being more responsible and not using cell phones while driving? Hardly, take a good look at rush hour traffic. Are the figures suggesting hands-free cells are better than handheld ones? This would be another no, as talking on the cell phone while driving, hands free or not, is a distraction and causes accidents,” added Ozcomert.

And the final question the study considered is whether or not states needed to ban handheld cells if the accident rates didn’t seem to be affected. All good questions, but let’s not forget that numbers are numbers, and numbers don’t always translate into the reality on the streets where the accidents are happening.

The other major gaff this study appears to have made was in assuming some things that may have not been true. For example, they assumed that people who used handheld cells may have switched to hands free cells at some period of time during the two year study. Interesting assumption; but still an assumption nonetheless, and one that can’t necessarily be proven.

Given what the police see pretty much daily, it’s safe to say that cell phones and driving do not mix – period. And that doesn’t matter if they are hands free or handheld. “Indeed, other research has clearly indicated those who use cell phones while driving to talk or text are four times more likely to have accidents. In other words, that study bluntly pointed out that texting/phoning while driving was just as stupid as everyone thinks it is,” said Stephen Ozcomert, an Atlanta personal injury and malpractice attorney.

In Georgia, the hold up to pass a ban on cell phones while driving has to do with politicians wondering how anyone can tell the difference between texting and dialing a phone. This likely doesn’t really matter much in the final analysis, as a fatal accident is a fatal accident, whether the driver was texting or dialing at the moment of impact.

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.

Been to the dentist lately and come away with something you didn’t expect? Dental malpractice is a real issue faced by patients in the chair.

In order to practice law, accounting, medicine and dentistry, among other professions, the dentist is required to have a license to practice in a certain state. This isn’t just a piece of paper that says nice words and welcome the dentist to the world of dentistry, this is a license that means that subject to heavy duty rules and regulations, they are allowed to practice their trade. Professional conduct is high on the list of things dentists are required to have.

Most states also have a licensing board that investigates complaints laid against dentists for various forms of negligence and malpractice. When in doubt about the rules and regulations in a certain state, it’s time to speak to a “licensed” and skilled medical malpractice attorney to find out the lay of the land. Knowing what rights a plaintiff has is a smart move. Even if the person inquiring suspects they may have been a victim of dental malpractice but are not sure, ask questions and find out how to proceed.

Generally speaking, when a licensed dentist performing his job does something that is considered to be below the accepted standards of good and prudent dental practice, they may be charged with malpractice. “In other words, if the dentist messes up and does something they had no business doing, such as removing the wrong tooth, breaking a patient’s jaw, neglecting periodontal disease and not informing the patient, or cutting the patient’s tongue, the patient may be able to file a dental malpractice lawsuit,” indicated Stephen Ozcomert, an Atlanta personal injury and malpractice attorney.

Typically, dental malpractice charges tend to fall into several categories, and unfortunately, some of the “mistakes” a fairly common; hardly something to be enthused about. Most of the charges include gross negligence or incompetence; refusing service to someone based on discrimination (race, color, creed etc.); practicing beyond the normal scope of dentistry; breaching patient confidence; neglecting a patient in an emergency situation; doing unauthorized or unnecessary dental work; working while drunk or under the influence of drugs and/or physically or sexually abusing patients.

“That’s quite the list and I hasten to add that not all dentists should be tarred and feathered just because another dentist committed some of those malpractice red flags. Nonetheless, talking to a medical malpractice attorney is a good idea to find out what your rights are,” Ozcomert suggested.

“Be aware that if a patient is on Medicaid, there have been a large number of cases of dentists filing false reports – to out and out Medicaid fraud. All the more reason to talk to an attorney if you have questions about your dental procedure,” said Stephen Ozcomert, an Atlanta personal injury and malpractice attorney.

The bottom line when dealing with dental malpractice is that someone needs to be held accountable for the negligence and the harm that it caused. One way to ensure the perpetrator is held accountable is to file a dental malpractice lawsuit.

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.