Month: May 2016

When can someone sue for loss of consortium?

As part of many wrongful death lawsuits, surviving loved ones can claim a loss of companionship or consortium. These terms refer to a personal injury claim that seeks damages for surviving family members, the spouse or children of the deceased. In most cases the term loss of consortium refers to the affection, sexual relations and services received by one spouse from the other. Occasionally, a loss of consortium can also be applied to a personal injury claim by children of the deceased but is a term usually reserved for the loss of relations between spouses. Personal injury lawsuits claiming a loss of consortium are usually brought on by the uninjured spouse. They may run in tandem with another wrongful death or personal injury claim but are generally limited to the uninjured spouses' loss of love, companionship or sexual relations. In order for a spouse to claim loss of consortium, there are several considerations…

Watch for violations in hours of service

The rules and regulations that commercial carriers and their truck drivers must follow are handed down by the Federal Motor Carrier Safety Administration. This branch of federal government dictates certain aspects of commercial carrier operations so that they are safer for truck drivers and other passenger vehicles. Included in their rules and regulations is a rule for hours of service. If the driver operates a commercial motor vehicle, including semi-trucks, they must comply with the FMCSA's hours of service rule. The FMCSA's rules regarding hours of service regulations are different for drivers carrying property than they are for drivers carrying passengers. These rules dictate how many hours a driver may operate a vehicle and how often and for how long they must take rest breaks. For example, a driver of a vehicle carrying property may drive for 11 hours so long as it follows 10 consecutive hours of the driver being off…

When you are at your most vulnerable, you need support

Whether you ride a motorcycle as your primary mode of transportation or you simply ride for leisure, you have done the appropriate course work to get your license and you are aware of the inherent dangers around you. For the motorcycle driver, things that present themselves as minor inconveniences to automobiles and trucks become life-threatening hazards. For instance, a poorly lit street can disguise potholes or road debris from a tire blowout. This can equate to a flat tire or a dented bumper to an automobile and likely less damage to a commercial truck. However, for the motorcycle, this alters the balance of the driver and the operation of the machine and could cause the rider and the bike significant harm. Truthfully, the biggest threat for riders is other drivers. Inattentiveness, subtle swerving and reckless driving can have devastating and fatal consequences to the unseen motorcycle rider nearby. If you…

Pursuit of justice in a time of pain

When you feel like the four walls are closing in, when you close your eyes and your memories are of a person or people who are not with you anymore, it can be hard. It's harder when you open your eyes and your reality is that your life is forever changed, and it isn't off-color to have an overwhelming desire to make anyone remotely responsible pay. Many untimely deaths and serious injuries are the direct result of negligence on the part of another person or a company. It is only right to hold responsible those guilty of detrimental disregard. It isn't only justice. In doing so, you set a precedent that such negligence is not okay and that they, or others guilty of persistent laxity, will face serious consequences because of it. When you have been hurt on the job or off by a person or by a company and…

Frequently asked questions and answers about Georgia workers’ compensation

The Georgia State Board of Workers' Compensation (the Board) oversees all matters related to workers' compensation injury claims in the state. Every year, the Board publishes new or updated regulations and guidelines for employees and employers who fall under the rules of coverage. This blog post answers some of the most frequent questions workers and employers have when facing a workers' compensation claim. Issues related to returning to work Q: Can a doctor order an injured worker back to work and what happens if the worker refuses? A: If the attending doctor signs off that the worker has obtained maximum medical recovery, the worker must make an attempt to return to work, even at reduced pay. However, a return to work order may be appealed in the event the injury or disability does not allow for adequate performance of the job tasks or the worker feels returning to work may…

Are You Familiar With the Texting Laws in Georgia?

There have been so many initiatives, PSAs, highway signs, and news stories put out there that no one should ever pick up a phone or send a text message while operating a motor vehicle. Yet here we sit, mourning the loss of a loved one. The car accident investigation indicates the reason for the tragedy as a person on a phone text messaging, seemingly unappreciative of the fact that they are in sole control of a massive amount of metal traveling at high speeds on a roadway packed with similar hazards. Any text can wait. Whether the next stop is not for an hour or whether the driver pulls over into a safe zone to review and respond. Any text can wait. Almost six years ago, texting while driving became a prohibited act statewide in Georgia. Survey results released in 2008 showed that Georgia was third in the country when it…

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