Were you injured by a defective product?

When regarding product liability, one of three potential product “defects” guides the lawyer’s case. These defects are categorized into warning defects, manufacturing defects, or design defects.

The first among these, warning defects, applies to products on which a warning label fails to cover all hazards concerning the product. If a hairdryer does not warn the user about putting the product in water, any damage resulting from the use of a hairdryer in water creates product liability in the form of a warning defect.

A manufacturing defect occurs when the product is damaged or flawed during the creation process but is placed on a store shelf. These products, such as a chain with a broken link or a failure to watch the adhesion process in the creation of car tires, could cause anything from dissatisfaction to severe injury and as a result create the potential for product liability in the form of a manufacturing defect.

The final defect, a design defect, occurs when a product in and of itself is deemed inappropriate or dangerous. If an action figure has small parts resulting in a choking hazard, but is labeled for toddlers (2+ years), the product may not have any physical damage, but can result in serious injury because it was not designed for the age-group. The idea behind the product is considered damaging and could result in the recall of said product. If a product is considered inappropriate or dangerous, product liability in the form of design defect could be a potential avenue for legal action.

If you have been harmed by a product, you may have a case worth investigating. There are numerous checks to ensure the injury was indeed a result of a defect versus inappropriate use and a lawyer can help to determine if you have a legitimate claim. If you would like to talk with the lawyers at Blake Scoggins Law, we can help you with your case. Visit our website at Blake Scoggins Law or call us at 770-877-2258.

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Motorcyclists more likely be severely injured

Annually, over 60,000 motorcyclists are injured in traffic incidents in the United States and of those, nearly 4,000 are killed in traffic accidents. Just in the past month here in Bartow County, Georgia, we have had two separate motorcyclists who died as a result of others pulling out in front of them. Sometimes motorcycle riders are at fault, weaving through congested lanes and using the shoulder to get around traffic. Other times, the blame falls on distracted drivers who are used to seeing full-sized automobiles out of the corner of their eye, but not the smaller profile of a motorcycle. If you have suffered serious injuries due to a motorcycle collision, please contact the skilled attorneys at Blake Scoggins Law.

When compared to being inside a car, truck or SUV, motorcyclists are 21 times more likely to die in a crash and 50 times more like to be injured when involved in an accident. Motorcycles account for approximately 2% of registered vehicles in the United States, but weigh in at 85% of all traffic deaths. You can find more statistics about motorcycle accidents by going to the Insurance Institute for Highway Safety and the Highway Loss Data Institute.

As in all traffic accidents, it is essential to preserve all evidence and investigate the accident scene to establish negligence. In addition, expert witnesses and physicians need to completely evaluate all injuries. When someone is negligent behind the wheel of a vehicle and causes a motorcyclist to be involved in an accident, that person may be obligated to pay for another’s personal injuries and property damage. If you or a loved one is a victim of a motorcycle accident, contact the attorneys at Blake Scoggins Law today.

Seek an attorney if involved in a trucking accident

A good friend of our firm is in the midst of teaching his third daughter how to drive. Just the other day, it was time to take her onto the interstate and get her some experience dealing with the higher travel speeds and how to navigate lane changes. At one point, they found themselves boxed in on three sides with tractor trailers and only the right shoulder open. At one moment, the truck traveling in the middle lane began to drift into their lane and they had to move to the edge of the shoulder before the trucker corrected.

Needless to say, a young, inexperienced teen driver found her heart slamming into her chest, thinking they just avoided getting side-swiped by a big rig! In this case, nothing happened, but it shows how quickly a normal day can turn to tragedy.

If you or a family member has been victim to a trucking accident, Blake Scoggins, LLC will come to your aid. This is a very serious type of claim that usually involves serious injuries and sometimes even death. A claim of this magnitude, although similar to an everyday car accident, can be much more difficult and complex. Most trucking companies carry commercial insurance as opposed to your typical car insurance. However, as with most insurance companies, they will try to give you as little compensation as possible, especially a case with serious injuries from a negligent truck driver.

Most trucking companies will almost immediately send their investigators to the accident scene. You will need to have your own expert investigators on the scene as soon as feasibly possible in order to show what happened from your point of view and to deter any form of bias that may harm your claim. We can help you with getting an expert to the scene and help build your claim.

Failure to maintain the tractor and/or trailer in proper working order, failure to maintain lane, texting while driving, drinking while driving, exceeding regulated driving hours, and blowouts are just some of the factors that could lead to one of these devastating accidents. Do not let these negligent factors keep you or your family from getting the compensation that you deserve. Call us today at 770-877-2258 or use our Contact Us form on our website.

Personal injury attorneys help protect your rights

Thanks to movies and television, Hollywood has convinced many that lawyers exist for just the rich and powerful. Because of this, attorneys with insurance companies are quick to use that perception when trying to get a quick settlement on an accident claim. They will do their best to protect the profits of their own company by convincing the injured party that “they are there for them” and “want to see them quickly compensated.” What this usually means is they are hoping you will not know any better and accept the first offer they flash in front of you. They end up putting the fiscal health of their company above your right for a fair and reasonable settlement.

We don’t want to paint with too broad a brush — we know there are some reputable insurance companies and agents out there who will do the right thing when covering the damages caused by one of their insured customers. However, there are just as many willing to put forth the lowest possible settlement in an effort to limit their own financial loss. They are quick to put a contract in front of you to make sure you cannot come back later and request additional money for your loss, pain and suffering. 

This is why anyone who is injured, whether in a car accident, a trucking accident, an industrial accident or any other form of personal injury, needs to seek adequate legal representation. Because of our experience navigating the legal system, we can help make sure you are being treated fairly by the negligent party.

As it relates to the injury itself, negligence is determined by the “reasonable person” standard. In order to meet this standard, a person must exercise “reasonable care under the circumstances” and when someone fails to exercise reasonable care, they are considered to be negligent. When someone is negligent and causes an accident, that person may be obligated to pay for another’s personal injuries and property damage.

In order to prove a negligence claim, the person bringing the claim, the Plaintiff, must prove:  that the defendant had a duty to act as a reasonably prudent person would under the same or similar circumstances; committed a breach of that duty; determine actual and proximate causation; and then show damages resulting from that breach. The help of an attorney would be extremely beneficial in order to prove the essential elements needed in a negligence action.

If you’ve been hurt at the hands of someone else, don’t feel pressured to work with that person’s insurance company without having your own representation. You should be fairly and justly compensated for your injuries and having an experienced litigator in your corner will insure your rights are protected.

Contact the attorneys at Blake Scoggins, LLC today to schedule a free consultation so we may examine your personal injury claim.

Could a simple shove land you in jail?

When we hear someone arrested for assault and battery, it conjures up the worst images in our minds of bruised eyes and busted lips. In many cases, those thoughts are warranted. But, do you know the difference between 1st degree charges v. 3rd degree? What about being charged under the Family Violence Act? Think about this: Every couple argues at some point. Disagreements can become heated and tempers can flare and voices rise. But, if your spouse tries to push past you and/or you try to hold them to keep them from running away, and there happens to be a child under the age 18 in the vicinity, you very well may be charged with assault and battery under the FVA.

In legal terms, a person commits the offense of simple assault when he or she attempts to commit a violent injury to the person of another; or commits an act which, places another in reasonable apprehension of immediately receiving a violent injury. In Georgia, Battery is different than Simple Battery. Battery is when a person intentionally causes substantial physical harm or visible harm to another. Visible harm is bodily harm capable of being perceived by a person other than the victim and may include things such as, black eyes, swollen lips, bruises, etc. On the other hand, Simple Battery is when a person intentionally makes physical contact of an insulting or provoking nature with the person of another; or intentionally causes physical harm to another.

More often than not, responding officers will have no choice but to charge the party who touched another during an argument, even if there were no visible injuries. The simple act of pushing someone out of the way or grabbing someone’s shoulders to keep them from lashing out will likely land you in jail with charges levied.

If you have been charged with Simple Battery, or feel that you have been wrongfully accused of the aforementioned crime, then call Blake Scoggins Attorneys at Law to help you with your defense. Depending on the situation and how the events took place, we will be able to evaluate your claim and tell you where you stand and what type of defenses you may have.

Blake Scoggins, Attorneys at Law LLC is a law firm that strives to protect the interest and rights of each and every person that walks through our doors. We believe in taking the time to meet with our clients personally. This helps to develop a genuine attorney/client relationship, geared toward getting the best possible outcome for the client. Obviously, there are no guarantees in the legal system. We cannot guarantee that you will win your claim or be successful in your suit, but what we can guarantee is that our experience will give you a realistic approach to your specific situation. We will be honest in our evaluation of the claim and discuss the possible avenues you may choose to take.

Call us at (770) 877-2258 to set up a free consultation so that we may properly evaluate your case.

Minor in possession

O.C.G.A § 3-3-23, states that, “No person under 21 years of age shall purchase, attempt to purchase, or knowingly possess any alcoholic beverage.” However, what most people do not realize, is that possession of alcoholic beverages for consumption by someone under the age of 21, is perfectly legal so long as, the parent or guardian of the person under 21 years of age, gives the alcohol to the minor inside the parent’s or guardian’s home and that parent or guardian is present. If convicted of a MIP for the first time, you will be guilty of a misdemeanor, and shall be punished by not more than six months imprisonment or a fine of not more than $300.00, or both. Do not let this happen to you. Call an experienced lawyer who can help you with your situation.

Blake Scoggins, LLC is a law firm that strives to protect the interest and rights of each and every person that walks through our doors. We are not afraid to step up to the plate and go to bat for our clients. Our concentration is centered around Juvenile Law, Domestic Law, Personal Injury, Workers’ Compensation, Simple Wills and small Criminal matters.

We believe in taking the time to meet with our clients personally. This helps to develop a genuine attorney/client relationship that is geared toward getting the best possible outcome for the client. Obviously, there are no guarantees in the legal system. We cannot guarantee that you will win your claim or be successful in your suit, but what we can guarantee is that our experience will give the client a realistic approach to the client’s specific situation. We will be honest in our evaluation of the claim and discuss the possible avenues the client might take.

Call us at (770) 877-2258 to set up a free consultation so that we may properly evaluate your case

Why you need a personal injury lawyer when involved in a car accident

This is a true story. The names have been removed to protect the innocent. A client of ours came to us after having been in a car accident. The other party had pulled out in front of him and our client had no way of stopping in time. His car was totaled and he required medical attention, necessitating an ambulance to take him to the hospital. Here was a perfect example of two different claims happening simultaneously — property damage and personal injury.

As is typical, after the smoke cleared and the investigations completed, the offending party’s insurance company quickly drafted a document and cut a check to compensate our client for the vehicle. The offer was a joke. Our client didn’t know that. He believed the other person’s insurance company was heroic for getting him a check in such a short amount of time. But, because we were involved from the onset, we were able to not only reject the offer, but also able to negotiate with their high-priced attorneys (attorneys whose job it is to protect the profitability of the insurance company) and get a new offer nearly 10 times larger than the first. In a perfect world, any citizen should have been able to negotiate a fair and reasonable payout to compensate for their totaled vehicle. However, in our current climate, you need the skills a qualified attorney brings to the table.

In this same situation, by negotiating a much larger and equitable settlement for the property loss, we have established a relationship, putting the insurance company on notice that we expect the offer to compensate our client’s personal injuries to be much more in-line with what is fair and reasonable. Contrary to Hollywood, personal injury lawyers are not looking for windfall lawsuits meant to bankrupt insurance companies. Personal injury attorneys work hard to get fair settlements to adequately cover the medical bills, pain and suffering incurred by our clients.  We simply want to make sure the rights of the injured are not “bought off” by someone trying to protect the profits of their employer.

If you’re involved in a car accident, you may be entitled to a recovery for your damages. Property damage is usually settled fairly quickly between you and the insurance company. The personal injury is usually not as quick. If you are injured and received medical treatment, then medical records will need to be requested by all of your medical providers in order to properly evaluate your claim. As demonstrated above, seeking an experienced lawyer will improve your standing with the insurance company.

Call the attorneys at Blake Scoggins, LLC today to see what they can do for you and your claim. Don’t let the insurance company compel you to act alone. We can help you today.

An attorney can help you navigate Workers’ Compensation

If you are injured on the job, you have certain rights, benefits and responsibilities. Your employer also has obligations and responsibilities regarding all employees. The main focus of any business where an employee is injured on the job is to assist those workers in receiving immediate and quality medical care, to administer workers’ compensation claims from the initial injury until the closing of the claim and to safely return lost-time employees to productive employment.

Accidents are classified as being either catastrophic or non-catastrophic. Catastrophic injuries are those involving amputations, severe paralysis, severe head injuries, severe burns, blindness or of a nature and severity that prevents the employee from being able to perform his or her prior work and any work available in substantial numbers within the national economy. In catastrophic cases, you are entitled to receive two-thirds of your average weekly wage up to the maximum allowed under the law for a job-related injury for as long as you are unable to return to work. You are also entitled to receive medical and vocational rehabilitation benefits to help in recovering from your injury.

In all other cases (non-catastrophic), you are entitled to receive two-thirds of your average weekly wage but not more than the maximum allowed under the law for a job-related injury. You will receive these weekly benefits as long as you are totally disabled, but no longer than 400 weeks. If you are not working and it is determined that you have been capable of performing work with restrictions for 52 consecutive weeks or 78 aggregate weeks, your weekly income benefits will be reduced to two-thirds of your average weekly wage, but no more than the maximum allowed under the law, not to exceed 350 weeks.

Georgia developed it’s workers’ compensation system as an insurance program to help employees who have suffered an on-the-job-injury. On-the-job-injury means the employee must have been injured during the “course and scope” of their employment. If so, workers’ compensation may be required to pay for the employee’s medical benefits and part of the employee’s average weekly wages, otherwise known as “income benefits,” while the employee is recovering from their workplace injury. If you were injured during the course and scope of your employment, contact Blake Scoggins, LLC to evaluate your claim and protect your right to compensation.

Attorneys at Blake Scoggins Law can help if you’ve been in a car accident

Auto accidents happen every day and every day someone is injured because of another’s negligence. Negligence is determined by the “reasonable person” standard. In order to meet this standard, a person must exercise “reasonable care under the circumstances” and when someone fails to exercise reasonable care, they are considered to be negligent. When someone is negligent behind the wheel of an automobile and causes an accident, that person may be obligated to pay for another’s personal injuries and property damage. This negligence may be in the form of choosing to get behind the wheel of a car while intoxicated, failing to focus on the road by texting and driving or even failing to make appropriate repairs which leads to an accident.

In order to prove a negligence claim, the person bringing the claim, the Plaintiff, must prove the following:

1. Duty to act as a reasonably prudent person would under the same or similar circumstances
2. Breach of that Duty
3. Actual and Proximate Causation
4. Damages

To add a layer of complexity in these issues, insurance companies will do all they can to protect their profits and move to get a settlement from the injured party as quickly as they can. They will offer to pay some form of damages for the promise of signing an agreement to not pursue further legal remedies. No one should ever feel pressured to sign any legal documents without first consulting with an independent attorney.

Securing the aid of a lawyer is extremely beneficial in both proving the essential elements needed in a negligence action as well as to insure you receive the full compensation you deserve. Contact the attorneys at Blake Scoggins, LLC to schedule a free consultation so that we may examine your Personal Injury claim. Our number is 770-877-2258 or visit our website at www.blakescogginslaw.com.

Why you need a lawyer if you are charged with DUI

Being pulled over is a stressful event for almost anyone. While many can deal with the nerves and the adrenaline dumping into their system when being pulled over, some can find themselves on the brink of a near panic-attack. The heart begins to hammer, breaths become short and rapid, sweat can form on the hands and brow and hands can being to shake uncontrollably. It’s the same feeling some experience when asked to speak in front of an audience.

Sometimes, combined with the knowledge of having had a glass of wine over dinner, the worry over getting a DUI may actually cause some to act far more incapacitated then they actually are. An officer seeing someone shaking, sweating, unable to stand still or walk a straight line may see all of the tell-tale signs of an inebriated person, but in reality, they are well within the legal limits, just panicked to the point of passing out.

In other cases, a person makes the mistake of thinking they are safe to drive and may be just a tenth of a point above the legal limit and suddenly find themselves in a terrible situation. We live in a society where losing the ability to drive almost certainly means a loss of a job, which can turn into financial tragedy for most families.  Having a DUI lawyer on your side is one thing you can do to help mitigate the damage to you and your family.

Although DUI is a misdemeanor in the state of Georgia, it can still have serious implications that will affect you, your life and even another’s life. A DUI conviction could lead to jail time, loss of your driver’s permit, probation, fines of $500 or more, substance abuse classes, DUI risk reduction classes, community service, etc. A DUI on your record could also hinder your employment status.

Whether or not you were truly intoxicated, knowing how to navigate this area of law enforcement and courtroom proceedings is not something to be left to chance. Don’t let a DUI put a damper or your life or your record. Call Blake Scoggins, LLC to set up a free consultation for us to review your case and protect your rights at 770-877-2258.