Posted On: September 28, 2008

Atlanta Dog Bite Victims are Sometimes Dogs Too

An Atlanta man's dog was attacked in Piedmont Park recently and his Chau died as a result. As detailed in this article, Dog Dies After Being Attacked At Piedmont Park by a local Atlanta TV Station, this dog was viciously attacked and ultimately died of its bite wounds. This issue has received a lot of press recently and there are strong arguments to be made by dog lovers who claim that it is unfair that all that can be sought under Georgia Law is the value of the animal.

georgia dog attack

Georgia Property law has long held that animals are chattels or property and when they are injured or killed, the value of the property is what the tortfeasor owes. Over the past month, several lawsuits have brought the issue to the forefront including ones regarding owners whose pets died as a result of melamine poisoning from Chinese dog food. These owners legitimately ask, how will will dissuade this type of behavior by manufacturers when the damages are $800 at worst.

When I represented Liberty Mutual Insurance, we defended several cases involving injuries to animals and I saw the other side of the issue too. If you accidentally run over the neighbors cat, do we want these cases going to suit over the "pain and suffering" of an animal that is impossible to know because they cannot talk? Do we as a society want lawsuits in our courts with multi-thousand dollar hip operations to fix animals injured in car accidents in Atlanta?

I feel badly for the families of these animals, but I don't think the Court's can provide the solace these families seek and for now at least I do not advocate the undoing of the property status of animals.

Bookmark and Share

Posted On: September 21, 2008

Is the Settlement my Atlanta Injury Lawyer Obtains for Me Taxable?

Assume that we tried or settled your Atlanta car accident Injury case and now you are trying to determine what your actual recovery will be. Many of my clients call and ask, what will I have to pay in taxes? The answer is, probably nothing. Compensation for pain and injuries is not gross income under the tax code. Generally speaking, unless you received money for punitive damages in Georgia or lost wages, there is no tax on the money recovered.
IMG_0792.JPG
Under Federal Treasury Regulation § 104(a)(2) Gross Income:

“Section 104(a)(2) excludes from gross income the amount of any damages received (whether by suit or agreement) on account of personal injuries or sickness. The term “damages received (whether by suit or agreement)” means an amount received (other than workmen’s compensation) through prosecution of a legal suit or action based upon tort or tort type rights, or through a settlement agreement entered into in lieu of such prosecution.”

If you have any further questions for this Atlanta Injury Lawyer, please give me a call.

Bookmark and Share

Posted On: September 14, 2008

Floyd County Woman stuck and Killed by Tractor Trailer while Changing Her Tire

A Floyd County Georgia woman was killed on I-75 in a collision with a tractor trailer while she was trying to change her tire. According to this article by Kim Sloan, Help Sought in Fatal Accident" the Serious Collision Reconstruction Team of the Georgia State Patrol is looking for eyewitnesses to the incident.
woman_changing_tire.jpg Courtney Adcock, of Shannon, Georgia near Rome, Georgia was struck and killed by a passing tractor trailer in Whitfield County while helping a friend with a disabled vehicle on the highway at at night. The SCRT unit investigates all fatal accidents on state roads and they do an excellent job of examining the evidence to determine if the trucker was at fault for the collision. In this one, it sounds like they have not made a determination of blame yet and that is the reason for the search for eyewitnesses.

When I was defending tractor trailer companies, fully 30% of the fatal incidents I looked into had to do with disabled vehicles on the side of the road. Although it may seem obvious, many people with blown tires and other mechanical troubles chose to work on their vehicles or stay in their cars with tractor trailers whizzing by at 70 miles per hour and that is a terrible risk to run. The physics of an impact over 45 miles per hour are often fatal as passenger vehicles and SUVs are unable to absorb that kind of energy, especially when the mass moving at those speeds or above is close to the 80,000lb weight of many tractor trailers.

My plea to my readers is this; if something goes wrong with your car, do not stay with it on the side of the interstate. Gather your family and move as far off the roadway as possible and then call for help. The risks of staying next to a lane of travel are astronomical and please don't even think of trying to change a tire on the interstate. Risking your life to save a $50.00 tire change fee with a wrecker service is a bad way to save money. As a tractor trailer injury attorney I would rather go broke for lack of clients than see another senselessly wasted life. These accidents can be avoided with a little common sense.

Bookmark and Share