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Business
Structures and Legal Forms: Starting a business?
Need legal documents? The Issa Law Firm can help you set
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Divorce: Our
goal is to create both positive and cost-effective divorce
solutions for our Atlanta clients.
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Auto Accident
Every year millions of people are injured in motor vehicle accidents – many very seriously.
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In fact, according to the National Highway Traffic Safety Administration, every 10 seconds someone in the United States is involved in a car accident. In 2005, there were an estimated 6,159,000 police reported traffic crashes, in which 43,443 people were killed and 2,699,000 people were injured. Other startling facts are as follows:
- Motor vehicle crashes continue to be the leading cause of injury death in the United States for people ages 3 to 33.
- Motor vehicle crashes took the lives of 2,348 children (ages 1 to 15) and 6,964 teenagers (ages 16 to 20) in 2005. Older adults (over 65) continue to be a high-risk age group for motor vehicle fatalities.
- In the United States, 4,881 pedestrians died from traffic-related injuries and another 59,119 pedestrians sustained non-fatal injuries in 2005.
- In 2005, 33% of traffic fatalities were alcohol related; either the driver or an affected person (e.g., a pedestrian or a bicyclist) had a blood alcohol concentration (BAC) of at least 0.08 gram per deciliter (g/dl).
At The Issa Law Firm, PC we use our experience in handling accident cases to investigate every possible contributing cause of an accident to ensure that you will receive full compensation for your injuries. Evaluating all of the facts involved in the cause of a motor vehicle accident requires skill and experience. Our office will take over the investigation of your case so that you can concentrate on recovering from your injuries. We can assist you in finding an appropriate medical specialist to treat you, and we can make arrangements with your medical care providers to wait for payment until your case is resolved through settlement or trial.
Automobile accidents are generally decided using the law of negligence. A person who negligently operates a vehicle may be required to pay any damages caused by their negligence, either to person or property. Generally, people who operate automobiles must exercise "reasonable care under the circumstances." Failure to use reasonable care is the basis in most lawsuits for damages caused by an automobile accident.
Courts look to a number of factors in determining whether a driver was negligent. Some examples of these factors include, but are not limited to, the following:
- Driving too fast or too slow
- Driving under the influence of drugs or alcohol
- Failing to signal while turning
- Disregarding weather or traffic conditions
- Disobeying traffic signs or signals
- Failing to drive on the right side of the road
A driver may also be liable for an accident caused by intentional or reckless conduct. A driver who is reckless is one who drives unsafely, with willful and wanton disregard for the probability that the driving may cause an accident. In certain cases, accidents are caused by factors unrelated to the conduct of any particular driver. For example, under the law of product liability, an automobile manufacturer or supplier may be responsible for injuries caused by a defect in the automobile, or a component of the automobile, as in the Firestone tire litigation. A products liability suit is a lawsuit brought against the seller of a product for selling a defective product that caused physical injury to a consumer or user. If a manufacturer of a product creates a defective product - either in developing, designing or labeling the product - the manufacturer is liable for any injures the product causes, regardless of whether or not the manufacturer was negligent.
In another example, if a mechanic fails to properly repair a vehicle, and the failure causes an accident, the person who improperly repaired the automobile, and his repair shop, may be liable for injuries sustained. Other factors such as poorly maintained roads and malfunctioning traffic control signals can contribute to the cause. Improper design, maintenance, construction, signage, lighting or other highway defect, as well as improper striping on the road's passing lanes, a sharp obstruction or problem with the roadway that obstructs drivers' vision, or poorly placed trees and utility poles can also cause serious accidents. Finally, if an accident is caused by an intoxicated driver, a bar or social host may be liable for damages sustained if they served an obviously intoxicated guest, who then drives and causes an accident.
In all automobile accident cases it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to enable physicians or other expert witnesses to thoroughly evaluate any injuries. If you or a loved one is a victim of an automobile accident, call The Issa Law Firm, PC now at 404-968-2600. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires
-- "Because we know your future may depend
on your legal past."
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Medical Malpractice
Medical malpractice is a form of negligence where an injury results from the failure of a medical professional or medical facility
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(doctor, nurse, medical technician, psychiatrist hospital, or healthcare facility) to exercise adequate care, skill or diligence in performing a duty. The determination of whether a duty of care is met depends upon the standard of care for that professional or facility in their community. In other words, the applicable duty arises from the accepted practices of other professionals or facilities in the same field and geographical area. In the case of a doctor who is a medical specialist, the standard of care is determined by the standard of good medical practice in that specialty within the community.
It is important to remember that the duty of a medical professional is not the duty to cure, or even to guarantee a good outcome from treatment. Medical malpractice does not occur every time medical treatment is not successful. Rather, the duty is to provide good medical care according to accepted standards in the community, or, in the case of a specialist, accepted standards in that medical specialty. Medicine is not an exact science, and doctors are not required to be right every time they make a diagnosis. A misdiagnosis can be arrived at even when all proper tests are performed accurately or evaluated by a skilled doctor with the utmost care. A misdiagnosis becomes malpractice, however, if the doctor fails to get a medical history, order the appropriate tests, or recognize observable symptoms of the illness. In Georgia, in order to prove that you were injured due to the failure of a health provider you must show:(1) The health care provider failed to exercise a duty of care and (2) The failure was the proximate cause of the injury.
In all automobile accident cases it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to enable physicians or other expert witnesses to thoroughly evaluate any injuries. If you or a loved one is a victim of an automobile accident, call The Issa Law Firm, PC now at 404-968-2600. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.
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Wrongful Death
A wrongful death claim is a suit that arises from the death of an individual that was caused by the conduct of another.
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A wrongful death suit is different from other types of personal injury claims because the actual victim (the "decedent") is not bringing suit, rather it is the family members or the decedent’s estate. As such, a wrongful death claim is brought to recover damages for the injuries that the surviving family and/or estate have suffered due to the death of the victim. The damages recovered do not include damages that are personal to the decedent, since the decedent is not allowed to recover for pain and suffering, mental distress, or any other form of compensatory damages unique to him or her. The purpose of a wrongful death suit is to provide relief to family members who have been injured emotionally and financially as a result of the family member’s death. The plaintiff in a wrongful death action is the personal representative of the decedent. The personal representative does not need to have a connection with the events that caused the decedent's death. The decedent's negligence, however, will be imputed to the plaintiff, reducing or barring the plaintiff's recovery on behalf of the estate to the extent that the decedent's negligence was a proximate cause of his or her own death. If a survivor is found to be negligent, the non-negligent survivor's recovery cannot be reduced due to another survivor's negligence.
In all matters involving wrongful death it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to file a lawsuit prior to the deadline imposed by the statute of limitations. If a loved one has been a victim of wrongful death, call The Issa Law Firm, PC now at 404-968-2600. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.
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Worker's Compensation
If you have been injured on the job in Georgia, you should be compensated for losses caused by your injury through workers’ compensation insurance.
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There may be additional sources of compensation available as well – such as the insurer of a dangerous tool or piece of equipment which caused or contributed to your injury.
An experienced personal injury and workers’ compensation lawyer at The Issa Law Firm, P.C., is well qualified to evaluate an on-the-job injury case and recommend the most advantageous course of action. To schedule a consultation with an experienced personal injury and workers’ compensation lawyer, contact The Issa Law Firm, P.C.
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