Statute Of Limitations

The Statute Of Limitations is the time in which an individual can bring certain claims or lawsuits after an injury, loss, or other event takes place. These laws are designed so that potential defendants are not in a perpetual state where they can be sued or prosecuted at any time. The laws serve to bring legal claims to court in a timely manner.

In Georgia, the statute of limitations for automobile injury claims is 2 years. This means that your claim must be resolved through settlement or suit has been filed in court within 2 years of the date of the accident. If these actions are not taken within the time frame of statute, your ability to get compensation for your injuries will be jeopardized. Our attorneys are familiar with the statute time limits and will act to ensure that your rights are protected. This is one reason it is so important to find the proper representation to assist with your claim.

 

Originally Posted on December 13, 2013

Get To Know Your Insurance Coverage

Automobile insurance coverage is a complex issue, and it is often difficult to understand exactly how you are being protected. In this article, we will discuss different types of insurance coverages that are common in most automobile policies, and offer tips to help you maximize your insurance benefits.

Liability Limits

Liability limits are typically determined when an insurance policy is purchased. These limits dictate the amount of money that will be available to compensate someone in the even that you cause an accident in which they are injured. This coverage is designed to protect your personal assets from being used to compensate an injured party in the event that your negligence causes injury. People generally select higher liability limits when they have more personal assets to protect. Georgia law dictates that everyone must have a minimum amount of liability coverage in order to legally operate a vehicle. This is designed to help ensure that there will be a valid policy to cover the vehicle damage and bodily injuries resulting from an accident. The minimum amount of liability coverage that drivers are required to have in Georgia is 25/50, which means $25,000 per person and $50,000 per accident. It is important to note the distinction between these two amounts in order to determine which benefits will apply to you after an accident. If you are the only individual in the victim vehicle, the first number, or “per person” amount, would apply. This means that there would be $25,000 available to compensate you for your medical bills and suffering. The second, or “per accident” number, applies when there are multiple injured parties in the victim vehicle. In this situation, the $50,000 is divided among all of the injured occupants of the vehicle. A common question that comes to mind is: “Who pays the difference if this amount is not enough to cover my medical bills and pain and suffering?” The answer can be complex because every situation is unique. It is important to contact our offices to discuss your specific situation.

Un-Insured and Under-Insured Motorist Coverage (UM)

“Un-Insured” and “Under-Insured” motorist coverage, also known as “UM” coverage, is important to have in the event that you are involved in an accident in which the at-fault party does not have valid insurance coverage, or the coverage that they have is not sufficient to compensate you for medical expenses and pain and suffering. “Un-Insured” motorist coverage is used when the at-fault driver had no valid insurance policy at the time of the accident. Once it has been established that there is no liability coverage, the “UM” coverage on your personal insurance policy will step in to cover the expenses that you incurred through the negligence of the at-fault party. “Under-Insured” motorist coverage is used when the at fault party has insurance, but does not have insurance limits that are high enough to cover the expenses related to the accident. One example would be a scenario in which an injured person has a hospital bill of $30,000, but the at-fault insurance limit is only $25,000. In this situation, the “Under-Insured” motorist coverage would step in to cover the difference between the amount of expenses and the liability limits that are applied. We recommend that everyone carry at least the minimum amount of “UM” coverage because there are many situations in which liability policies are not present or have been denied, and there is very little accountability for individuals that choose to disregard the state insurance requirements and operate a vehicle without a valid insurance policy.

Medical Payments Coverage

Medical Payments coverage, commonly referred to as “Medpay” coverage, can be extremely beneficial to have if you are involved in an accident. “Medpay” is an optional coverage that individuals can add to their automobile insurance policies that will cover the medical expenses related to an accident, regardless of who is at fault. One key benefit of having “Medpay” is the ability for them to pay your medical expenses while your treatment is ongoing. This helps to minimize the out-of-pocket expense that you might incur when you need medical treatment, but don’t have private health insurance to cover the bills up front. Another beneficial aspect of “Medpay” coverage is that it does not have to be reimbursed to your insurance company if you are not made whole through a liability insurance settlement. This makes “Medpay” a great way to help maximize your “net” settlement because the liability insurance company typically bases their settlement offers on the total amount of medical bills, rather than their outstanding balances.

In this article we have discussed some of the common coverages that are used when someone is involved in an automobile accident. If you are unsure about the insurance coverage that is afforded to you under your current policy, we would encourage you to contact your insurance company. Everyone’s insurance needs are different, and it is vitally important that you take the proper steps to protect yourself and ensure that you are going to be covered in any scenario in which you are injured in an accident.

 

Originally Posted on December 13, 2013

Augusta Personal Injury Office

Greetings From Our Augusta, GA  Offices!

One of the things I like most about my job is that I have been fortunate enough to expand the Kenneth Nugent, P.C. offices into more than eight cities throughout Georgia.

We are proud to work with the good people of Augusta, Georgia at our accident law firm. Our next few blogs will introduce you to the many offices of Kenneth S. Nugent, P.C., and the people that are working there to protect your rights.

Interesting facts about Augusta

Situated on the Savannah River and about 150 miles east of Atlanta, Augusta is the second-largest Georgia city (next to Atlanta). It has a metropolitan statistical area containing approximately 539,154 people.  Augusta has won international renown for hosting The Masters Tournament every year.  You may also know Augusta (www.augustaga.gov/) as the hometown of soul singer James Brown.  The city’s primary economic resources are in the medical, biotechnological, and military fields.

Meet our August accident attorneys

An Augusta personal injury attorney helps clients maximize compensation by pursuing claims and dealing with insurance companies.  Having an attorney at your side also provides leverage that you alone do not have—the underlying threat of taking a case to trial if not offered fair compensation.

I’m honored to work with the attorneys at our Augusta office:

  • Michael G. Orr. Michael earned an MBA and previously worked as a consultant for multinational corporations before obtaining his law degree in 1999.  For the past 11 years, he has worked for Kenneth S. Nugent, P.C. at the firm’s Atlanta, Savannah, and Augusta offices.

The Augusta Injury office location is:

One 10th Street
Suite 550
Augusta, GA 30901

Clients can reach us through online chat, contact form or by phone at 706-724-3231.

Putting the right lawyer on your side

Hiring an Augusta injury attorney with compassion for your situation and the legal know how to effectively deal with your case can relieve a lot of stress.  We offer a free case review to discuss the prospects of pursuing a case, and quickly respond to clients who contact us, visiting them within 24 to 48 hours.

 

Originally Posted on July 22, 2011

Why Do Car Settlement Cases Vary?

In many cases, an insurance settlement may be the best—or only—option in pursuing a claim.  In other cases, an out-of-court settlement may be appropriate.  But it is important to understand that the same accident can result in different outcomes, depending on the option you choose. AllAboutCarAccidents.com offers some advice to help you understand auto insurance claims.

Insurance claim settlements

The following are some basic considerations to keep in mind regarding insurance claim settlements:

  • Minor to moderate injuries. If your injuries require little more than a few doctor visits, and involve no associated costs—such as significant lost time from work, the need for daily assistance while healing, or the financial effects of permanent disability—your costs can often be covered by an insurance claim.
  • Limited property damage. Most auto insurance claims cover the costs of repairing a vehicle.  However, if the vehicle is unusually expensive to repair, or was totaled, you may not be able to receive the full value of your losses from an insurance claim.
  • Quick settlements. In most cases, insurance companies are quick to produce a settlement offer.  Once you sign that offer, the claim is permanently closed, and you cannot file a lawsuit, even if you discover additional injuries or damages after the fact.  It makes good sense to have an experienced Georgia car accident lawyer review a settlement offer before signing away your rights to take other legal action.

Out-of-court settlements

You may decide your claim cannot be adequately compensated through an insurance claim.  If you prefer to stay out of court, a skilled Georgia car accident lawyer can often negotiate full and fair settlement directly with an attorney representing the at-fault driver.

A major benefit of out-of-court settlements is their flexibility.  For example, you are not restricted by insurance policy limits. Plus, you can pursue related costs, such as funds you need to spend to care for home and family during recovery, lost time from work, and even the psychological costs to loved ones.

The bottom line is an out-of-court settlement typically results in a larger monetary recovery than an insurance claim, making it a potential option for injuries that are more serious and other related concerns.

It makes sense to consult an attorney before deciding on your settlement options

As a Georgia car accident lawyer and founder of Kenneth S. Nugent, P.C., I can quickly assess the merits of each settlement option before the wrong decision results in unnecessary out-of-pocket costs.  Whether you need informal advice before filing an insurance claim or negotiation skills, I have over two decades of experience helping protect the rights of auto accident victims.

 

Originally Posted on July 18, 2011

Ken Nugent’s Atlanta Accident Attorneys

Greetings From Our Atlanta, Georgia Offices!

Since founding my Atlanta accident law firm three decades ago, I have had the good fortune to expand our offices into eight other Georgia cities. We are grateful to serve such a diverse group of citizens.

Our next few blogs will introduce you to the many offices of Kenneth S. Nugent, P.C., and the people that are working there to protect your rights.

Atlanta—a growing metropolis

Georgia’s capital and most populated city, Atlanta (http://proximityone.com/metros0010.htm) is a thriving metropolis that added 1.6 million residents from 2000 to 2010, and boasts a population of an estimated 5,268,860 people.  Through a large influx of foreign-born residents, Atlanta has become one of the nation’s most international cities.  Although Atlanta is in the heart of the deep south, the city also takes on a cosmopolitan flair—as the world headquarters for large corporations such as Coca Cola, AT&T, Home Depot, Delta Airlines, UPS, and Turner Broadcasting.  Two-thirds of the Georgia state economy derives from Atlanta.  Yet, despite all this industry, the city is also top-rated as eco-friendly, has the highest percentage of tree coverage of any U.S. city, and is informally known as the city of trees.

Meet our Atlanta accident attorneys

We are proud to have the following Atlanta accident attorneys working for  your rights:

  • John T. Ruff. Practicing since 1979, John focuses his practice on complex litigation, class actions, negligence, products liability, and premises liability cases.  He is able to handle cases at the state, federal, and appellate levels.
  • Michael C. Cherof. Practicing for close to 35 years, Mike has extensive trial experience in Georgia and is admitted to the Florida State Bar.
  • Ahkibah Khan. Since 1995, Ahkibah has devoted her career to legal practice and represents clients at the state, federal, and appellate levels in Georgia.
  • Christopher Adams.  Christopher previously handled felony, driving under the influence (DUI), and serious injury cases as a Georgia state prosecutor and practiced civil litigation and insurance defense at a private West Virginia law firm.  He now focuses on Georgia personal injury cases.

Handling any type of injury

When practicing in a large city, lawyers encounter all types of injury cases—slip and falls, auto and truck accidents, defective products, work injuries, and more.  Clients turn to our firm for legal help they can trust.  Folks know the name Kenneth S. Nugent, P.C. throughout Georgia, thanks to television commercials, bus ads, billboards, radio promotions, and word-of-mouth.  We offer a free case review with an experienced Atlanta accident lawyer and can be at your side within 24 to 48 hours.  Our Atlanta office location is:

1355 Peachtree Street
N.E. Suite 1000
Atlanta, GA 30309

Phone: 404-885-1983

 

Originally Posted on July 14, 2011

Atlanta Motorcycle Accident Safety Tips

In 2008, over 1,800 lives were saved nationwide by the use of helmets—50 in Georgia alone.  But the best way to avoid injury is to avoid accidents.  An understanding of how to operate your motorcycle safely can make a dramatic difference in your safety on the road.

Important motorcycle safety tips

The manual provided by the Georgia Motorcycle Safety Program provides details on virtually any issue faced by motorcycle drivers and should be carefully studied by anyone who chooses this mode of travel.  Some tips to keep you safe on the road include the following:

  • Preparation. Before beginning a ride, check the clutch and throttle for smooth operation, make sure the mirrors are clean and correctly adjusted, test both front and rear brake levers, and try the horn.  In addition, check wheels, cables, fasteners, and fluid levels weekly.
  • Safer quick stops. The need to stop suddenly cannot be avoided in all situations, so it is important to know how to apply both front and rear brakes properly and how to handle wheel locks if they occur.
  • Avoid wet or icy roads. The temperate climate in Atlanta can make motorcycle travel enjoyable throughout the year.  But roads can become icy during the winter months, and even wet roads, oil spots, or dirt and gravel can cause reduced traction.  Riding a motorcycle on slippery roads should be avoided whenever possible.  If you have to ride, reduce your speed, and maintain a safe distance from other vehicles on the road.
  • Watch out for dangerous surfaces. Broken pavement, potholes, railroad tracks, or even highway trash can be dangerous to motorcyclists.  Keep your eyes open for such dangerous surfaces and proceed with great caution.
  • Wear protective clothing. Even in warm weather, you should wear jackets and pants to cover arms and legs completely—preferably in bright colors to increase visibility to other drivers.  You also need boots or shoes that cover your ankles and provide support, along with gloves that provide a good grip and protect your hands in the event of a crash.  And never ride without wearing a properly-fitting helmet that meets Department of Transportation and state standards, preferably with a label from the Snell Memorial Foundation, which provides extra assurance of quality.

We care about your safety

For many individuals, nothing compares to the freedom of a motorcycle on the open road.  As an Atlanta motorcycle accident lawyer I understand that many motorcycle accidents can be avoided if you keep your motorcycle well-maintained, follow the state-recommended safety procedures, and remain vigilant.

 

Originally Posted on July 13, 2011

Top Ten Product Recalls

Numerous products have been recalled after injuring or killing individuals due to manufacturing errors—or even criminal behavior, such as tampering.  Visiting www.recalls.gov before you buy can help identify products you may want to avoid.  But if you have been injured by a product, a skilled Atlanta product liability lawyer can help you assess your case and pursue fair compensation.

The most notable recalls

A recent Time.com article cited the ten most notable product recall cases.

  • March 2010—Infantino Baby Slings:  The Consumer Product Safety Commission (CPSC) recalled these slings when they were linked to three infant deaths due to suffocation.
  • January 2010Toyota:  The company recalled 4.1 million vehicles in danger of sudden acceleration due to faulty brake pedals.  Another 5.3 million cars were recalled in November 2010 to fix poorly-fitting floor mats that were also believed to cause acceleration when accidentally pressed against gas pedals.
  • July 2009—Simplicity Drop-side Cribs: The CPSC recalled over 400,000 cribs manufactured in China after the death of an 8-month old child due to suffocation caused by faulty operation of the drop-side.  In two prior recalls, a total of 1.6 million cribs were recalled for the same problem.
  • February 2008—Beef:  Although no injuries or illnesses were reported, the Department of Agriculture recalled 143 million pounds of beef produced by a California slaughterhouse.
  • 2008—Food Products Containing Melamine:  A recall of over 700 tons of baby formula was issued for the largest producer of milk powder in China when melamine was determined to be the cause of one infant death and of kidney problems for more than 50 other infants.
  • 2008—Peanut Recall:  A federal investigation uncovered unhealthy conditions in a Georgia peanut processing plant linked to the sickness of hundreds of individuals and possible death of four people who contracted salmonella. A recall of the peanuts and the many products that contained them was issued.
  • 2004—Vioxx:  Although arthritis drug Vioxx earned Merck $2.5 billion in sales in 2003, the company voluntarily issued a worldwide recall after a study linked use of the drug to heart attacks and strokes.  The company paid $4.85 billion in settlement for 27,000 lawsuits by individuals who were injured or died from use of the drug.
  • 2000—Bridgestone/Firestone Tires:  The company recalled 6.5 million Firestone tires due to failures that caused almost 175 deaths and more than 700 injuries.
  • 1982—Extra-Strength Tylenol:  After seven Chicago-area people died from potassium cyanide-laced capsules, the product was immediately recalled nationwide, costing Johnson & Johnson millions of dollars.  The crime, which has never been solved, created copycat crimes and was the reason for the development of tamper-proof packaging.
  • 1978—Ford Pinto:  Prior to coming to market, concerns emerged that a rear-end collision could cause these vehicles to blow up due to the positioning of the fuel tank.  Ford chose to deal with potential lawsuits, rather than repairing the problems.  Several lawsuits and criminal charges were filed, although Ford was found not guilty, and the company recalled 1.5 million vehicles to fix the problems.  The Pinto was retired in 1981.

Your safety is our primary concern

If you or a loved one were injured by a defective product, Atlanta defective product lawyer Kenneth S. Nugent can help determine the extent of your injuries and your claim in a free case review.

 

Originally Posted on July 6, 2011

Greetings From Our Albany, Georgia Offices!

One of the things I like best about my practice is that we have several offices and have the opportunity to meet all sorts of different people and spend time in interesting cities and towns.

Our next few blogs will introduce you to the many offices of Kenneth S. Nugent, P.C., and the people that are working there to protect your rights.

A brief history of Albany, Georgia

A New Englander established Albany in 1836, naming it after Albany, New York, based on its similar geographic location by a river—in this case the Flint River.  The town became a hub of cotton plantations, with easy shipping access by steamboats, and later a railroad industry focal point for southwestern Georgia.  Today, Albany is the county seat of Dougherty County with a city population of 77,434 according to the 2010 Census, (metropolitan area estimated at 164,069 in 2007).  While pecan groves, farms, and plantations still skirt the city, health care and education industries along with a Marine Corps base employ most of the residents.  Manufacturing, transportation, and retail business also contribute to maintaining Albany as the commercial center for southwest Georgia.

Our Albany GA accident lawyers

Like many metropolitan areas, Albany sees its share of accidents and injuries caused by negligence or wrongdoing.  However, an experienced accident lawyer can help you deal with and favorably influence the outcome of an injury claim.

Kenneth S. Nugent, P.C. is an accident law firm with eight offices in Georgia.

We are proud to work with the quality GA accident attorneys at the Albany Kenneth S. Nugent, P.C office:

  • Matthew Kirtlink. A former Valdosta adjunct law professor practicing for over a decade in South Georgia, Matt focuses on auto accidents, truck collisions, work-related accidents, and medical malpractice cases.

How Albany GA accident lawyers can help you effectively deal with accidents

Serious accidents can create extreme financial burdens for Albany residents.  Obtaining fair compensation generally requires legal help.  Accident lawyers accomplish for clients what they cannot do for themselves, which includes the following:

  • Prove negligence in an accident claim
  • Accurately evaluate damages and the value of your case
  • Steer insurance companies away from lowball settlement offers and negotiate fair outcomes
  • Maximize recovery through trial if necessary
  • Provide legal solutions for obstacles

You can find an Albany GA accident lawyer at our law office:

208 North Westover Boulevard
Suite 101
Albany, GA 31707

Phone:  229-420-3660

Remember, legal help from an Albany GA accident attorney can make a difference.

 

Originally Posted on June 28, 2011

A Georgia Malpractice Lawyer Explains Physician Liability

Not all operations and procedures turn out the way we expect. This does not automatically mean you have a medical malpractice case, however. Nor do you usually have a malpractice case if something goes wrong when you go in for a serious operation that you are told is high risk and has only a small chance of success. But if serious debilitation follows a medical procedure, or if a loved one dies after a hospital stay, you should not hesitate to investigate whether negligence caused the injury or death.

Most people do not like to challenge their doctors, and often they think that they can learn to live with a serious condition, or that they may heal over time. Be wise and listen to your body. Do not wait too long. Go get a second opinion and find out what may have been at the root of the problem. Ask your doctor to send you to a specialist. Use the Internet and read about what it is reasonable to expect after an operation similar to yours.

Sometimes people are hesitant to act because they signed a consent form at the hospital. This consent does not give a medical provider the right to botch your operation. Your doctor is still held to a professional standard of care and if he or she fails to meet that standard of care, a medical malpractice claim can be brought.

Medical malpractice is not easy to prove, but a skilled attorney can investigate your situation and help determine if it is in your interests to bring a claim.

What can go wrong

Some of the types of situations that can involve a medical malpractice claim include the following:

  • Surgical malpractice. Proper hygiene procedures are not followed or improper procedures are used in suturing.
  • Medication errors. After your surgery, you are given incorrect medications in the hospital, or incorrect doses.
  • Birth injury. Labor goes on too long, resulting in oxygen deprivation and serious injury to an infant.
  • Wrong site surgery. You go in for an operation on your left knee and they operate on your right.
  • Gastric bypass errors. Perforation of an organ leads to bacterial infection and serious damage.

As a Georgia Medical malpractice lawyer I help guide people through the complicated and sensitive process of medical malpractice.

 

Originally Posted on June 21, 2011

Keeping Away From Aggressive Drivers and Avoiding Georgia Accidents

Car accidents can be devastating financially, physically, and emotionally. Even a small fender-bender can wreak havoc with your schedule and leave you struggling to keep your life on track.

We all know how dangerous roads such as Veteran’s Parkway in Georgia can be. Here are a few tips to keep you safe when commuting to work or traveling in our beautiful state:

  • Stay focused. When you get behind the wheel, make driving your priority. This is not the time to multi-task. Program your GPS before you leave, do not eat or drink, put on makeup, or do anything other than drive while behind the wheel. If you must talk on your phone, only use a hands-free device. Scan constantly so that if you see an aggressive driver coming you are ready to take protective action if necessary.
  • Do not tailgate. Leave some room between your car and the ones in front of you and behind you. If you need to switch lanes in a hurry to avoid an accident, leaving yourself ample space will enable you to change lanes instead of plowing into the car in front of you.
  • Do not speed. Speeding causes accidents. Stay within the speed limit and let the aggressive drivers have the fast lane.
  • Stay away from aggressive drivers. It is annoying when an aggressive driver cuts us off. We may have the urge to zoom past and slow down, or we may not want to let the driver into our lane. These types of actions add fuel to a potential conflict. Yes, it is hard to stay calm, but it is the wise thing to do. If you see a car cutting into and out of lanes, do your best to put yourself in a position that is away from the aggressive driver.
  • Always signal. If you need to change lanes, use your turn signal so that those who are near you are aware of your intentions.
  • Be courteous. If someone signals a turn into your lane, allow his or her car to enter. Drivers who are not courteous can provoke other drivers to become aggressive—increasing the likelihood of an accident.
  • Keep the interior of your car clean. Objects like empty water bottles can slide or roll around under your feet, and make you unable to brake.

Georgia car accidents can be avoided.  As a Georgia car accident lawyer. I hope these tips help you avoid a car accident.

 

Originally Posted on June 10, 2011

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