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McConnell, Sneed & Cohen is a full service general practice law firm providing a wide range of legal representation both within the metro Atlanta area and throughout the State of Georgia.

News and Events

Below are blog entries by our attorneys and new and pertinent law-related news items.

An Overview of Auto Accident Personal Injury Claims in Georgia

Robert Sneed - Tuesday, April 10, 2012

Claims for personal injuries suffered in an auto accident fall under the general category of tort actions.  A tort is nothing more than a civil wrong for which a remedy may be obtained in the form of damages.  In the context of an auto accident, the civil wrong is the negligent operation of a motor vehicle.  In other words, whatever action the other driver took or did not take that caused the accident and your injuries.

Under Georgia law, you may only recover once for your injuries sustained in an auto accident.  This is so litigation has finality and does not become an endless succession of claims.  Therefore, all claims for your personal injuries must be presented at one time.  However, Georgia law permits you to settle your claims for property damage separate from your claims for personal injury.  This allows you to be paid for the damage to your vehicle while you continue to treat for your injuries.

Compensation is the underlying principle that guides the determination of damages in a personal injury action.  Compensatory damages are divided into two broad categories: special damages and general damages.  Special damages include payment for your medical expenses in addition to compensation for lost wages.  General damages provide compensation for pain and suffering as well as payment for any diminished capacity to work and labor you may have suffered. 

In addition to claims for special and general damages discussed above, there are several other claims you may be able to assert based on the particulars of your accident and injuries.  These include claims for punitive damages (damages meant to punish and deter), interest on damages awarded, and attorneys’ fees.  Furthermore, your spouse may be entitled to assert a claim for loss of consortium.  A loss of consortium claim compensates your spouse for the loss of your services, society, and companionship (your ability to perform household chores, take care of the kids, etc.).    

As you can see, there are a wide variety of claims that may be asserted to provide compensation for injuries sustained in an auto accident.  Insurance companies take advantage of this complexity and will often offer to settle your personal injury claims for less than the full amount you are entitled to receive.  The attorneys of McConnell, Sneed & Cohen have the knowledge and experience to guide you through the claims process and ensure that you receive the compensation you deserve.  Contact us today to schedule a free initial consultation regarding your injuries.

Do You Have a Claim for Medical Malpractice?

Robert Sneed - Wednesday, February 01, 2012
The short answer is:  

You probably don’t know so you need to ask an attorney, who probably doesn’t know either ...  

In any medical malpractice action, the key issue is: Did the treating medical professional breach the standard of care, thereby causing an injury to the Plaintiff?  The only way to find out the answer to this question is to ask an attorney…who likely doesn't know the answer.  Attorneys are not doctors and, therefore, they do not know the standard of care in most medical situations.  There are, of course, extreme examples such as a physician amputating the wrong arm or leg; however, 99% of the time, the standard of care is unknown to both the client and attorney.  So why bother asking someone a question that they don’t know the answer to?  Because a medical malpractice attorney can find out the answer by seeking the expert opinion of the appropriate medical professionals.    

In Georgia, like most states, Courts require that a Plaintiff attach the affidavit of an expert to any claim for medical malpractice.  If a Plaintiff files a Complaint without the Affidavit, the case will be dismissed, even if it seems as obvious as the amputation example above.  Georgia law is very specific with regard to which medical professionals are fit to testify in any given case.  For example, a thoracic surgeon likely cannot testify in a case involving podiatry and vice versa.  If your attorney chooses an expert that is not fit to testify, your case will be dismissed.  Accordingly, it is very important to find the right attorney…who can, in turn, find the right expert.  

Choosing an expert can be the single most important task in any medical malpractice action.  First, the expert acts as a gatekeeper.  A good expert will be forthcoming with regard to whether a breach has occurred.  Most attorneys can probably pay for any opinion that they want; however, using an expert that will say whatever you want is not as good as it sounds.  You don’t want to spend the money to litigate a case that you will ultimately lose.  If you don’t have a case you can win, it is best to know up front and save yourself the time and expense of litigation.

Second, medical malpractice cases often end up as a “battle of the experts”.  Generally speaking, medical malpractice trials often boil down to whose expert is more believable to the jury.  Accordingly, you will want to have a very well-credentialed expert to testify in the event that your case goes to trial.  For this reason, it is often advisable to use an expert that both practices in the field and holds a teaching position.  All other things being equal, it is more likely that a jury will side with the Head of Podiatry at Duke than with Frank, the podiatrist with an office next door to Pizza Hut at the strip mall down the street.  

The right expert can be difficult to find, particularly for Plaintiffs because doctors are often reluctant to testify against another doctor.  Thus, if you think that you may have a medical malpractice claim, you need to ask a medical malpractice attorney sooner, rather than later…even though they don’t know the answer.

If you believe we may be of assistance to you and you wish to discuss your situation with an experienced attorney without any charge or obligation, contact our office. 

Automobile - Pedestrian Accidents

Robert Sneed - Thursday, September 16, 2010

Pedestrian-automobile accidents are increasingly common on Atlanta’s crowded streets.  The lack of adequate sidewalks often compounds the problem.  Pedestrian knockdowns frequently happen because car, bus, or truck drivers fail to see pedestrians at intersections or along the shoulder of the road. As a result, motorists are quick to deny responsibility, claiming it was the pedestrian who caused the accident. Since Georgia is a modified comparative negligence state, if you're found to be 50% or more at fault, you can't recover damages for your losses.

Insurance companies are aware of this and investigate accidents in the hopes of assigning some portion of fault to a pedestrian.  At McConnell & Sneed, LLC, we independently investigate the accident in order to recreate what happened and hold negligent car drivers financially liable for the injuries they cause to our clients.

In order to accurately determine the full financial impact of a pedestrian accident, we consult experienced medical economists and life care planners. We take into account costs associated with hospitalization, surgery, physical therapy, medical equipment, lost wages, and diminished quality of life.  If necessary, we present a day-in-the-life video to ensure jurors understand the everyday challenges our client faces as a result of his or her injuries.

McConnell & Sneed, LLC has the experience needed to deal with insurance companies and the tactics they use to try and confuse issues and reduce the amount they have to pay in claims.  We will track down all insurance benefits to which you may be entitled.  We are paid nothing unless you collect money for your injuries. We provide each client with personal attention and professional representation.

If you believe we may be of assistance to you and you wish to discuss your situation with an experienced attorney without any charge or obligation, contact our office

The Real and Personal Effect of Tort Reform

Robert Sneed - Monday, March 08, 2010
Please take a moment to look at the following video.  It is a very powerful and emotional look into the very real and dangerous effects of tort reform.  Sometimes we need to look beyond the talking heads on the Sunday morning talk shows and see how our laws affect real people.  We here at McConnell & Sneed are always striving to help our clients and show the human side of our laws and regulations.


WE THE PEOPLE from Georgia Justice on Vimeo.

The Dangers of Wearing Crocs

Robert Sneed - Monday, September 28, 2009
Those big, bold rubber clogs that come in bright colors and mold to the shape of your feet seem to be everywhere these days. The company that makes one kind of rubber clogs, Crocs, sold 6 million of them last year. However, in some online chat rooms and blogs, parents are sharing stories about kids having accidents while wearing the shoes. The problem has risen to the level of multiple lawsuits being filed against Crocs as a result of these incidents. In many of these incidents, including an incident involving a small boy at the Atlanta Hartsfield-Jackson International Airport, kids wearing Crocs have had their feet sucked into the side of escalators.

Some businesses have even posted warning signs near their escalators saying if you're wearing Crocs, be careful. But until recently, Crocs has been silent. Only with their newer shoes on the market can a person find warning labels on Crocs warning consumers of the dangers involved in wearing Crocs as normal everyday shoes. 
 
But recently, safety groups in the U.S. and Japan have issued warnings about soft-sided flexible clogs like Crocs and its imitators posing safety hazards to escalator riders. Typically, the shoe becomes entrapped when the rider is stepping on or off the escalator or standing too close to the side.

The Consumer Product Safety Commission reports that 77 escalator entrapment incidents have been reported since January 2006, half of which resulted in injury. All but two of the incidents involved soft-sided flexible clogs and slides such as Crocs. The CPSC doesn't reference the brand Crocs in its announcement but acknowledges that Crocs fall into the category of soft shoes they are warning about.

"This is a newer product on the market that poses a risk and we felt it was responsible to let consumers know," said CPSC spokesperson Julie Vallese. "It's not the shoe causing the injury but an unintentional risk when using an escalator."

In Japan, where 3.9 million pairs of Crocs were sold last year, the Trade Ministry asked the Colorado-based maker of Crocs to change the design of its shoes after receiving 65 complaints of Crocs and Crocs knockoffs becoming stuck in escalators between June and November of 2007. Most of the cases involved young children.

When asked about the entrapments, a Crocs spokesperson said, "Escalator safety is an issue we take very seriously. Safety experts say several factors can contribute to escalator accidents, including escalator design and maintenance, loose clothing or untied shoelaces, footwear and improper use."

Vallese says that the CPSC has warned about soft shoes and escalator safety in the past and felt it should renew its warning because of the number of incidents involving soft shoes and because now that the weather is warming more people are opting for lighter footwear.

Here are some general tips about escalator safety compiled from information offered by the CPSC:
  • Before climbing aboard, look to see where the emergency shutoff buttons are in case you need to stop the escalator. The buttons are usually at the top and bottom of each escalator and can be used to stop the escalator in an emergency.
  • Check the direction of the escalator before you take the first step.
  • To avoid the sides of steps where entrapment can occur, stand in the middle of the step. Always face forward and hold the handrail.
  • Step over the comb plate. Always pick up your feet and step carefully on or off the escalator. Never drag or slide your feet off the edge of the escalator.
  • Stay clear of moving parts. Keep your hands, feet and clothing clear of the side panels of the escalator. Remember: loose shoe laces, rubber boots and baggy clothes can get caught in the moving parts of the escalator. Make sure you have no dangling clothing or loose shoelaces that could get caught.
  • Always hold children's hands on escalators and do not permit children to sit or play on the steps.
  • Never walk up the down escalator or vice versa.
  • Do not bring children onto escalators in strollers, walkers or carts.
  • Stand upright. Never lean on the side of the escalator or sit on the stairs. Never ride on the handrail.
  • Do not run on an escalator.
  • Exit promptly from the escalator. Never stop, stand or play at an escalator landing; this can cause a dangerous pileup.
The attorneys at McConnell & Sneed have been instrumental in protecting the rights of children, including involvement in two such lawsuits against Crocs. The first lawsuit was filed in federal court in 2008, and recently settled for a confidential amount. 

Please find the following video clip of a recent interview by Fox 5 News with Andrew Laskin, co-counsel on the Atlanta federal Crocs lawsuit regarding the dangers of Crocs.


Also, please find the following article from the Atlanta Journal and Constitution describing the settlement of the federal lawsuit against Crocs.

Atlanta Journal & Constitution, September 25, 2009

Should you ever find yourself in need of representation regarding any injury to a child, please contact us for a free initial consultation. 


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