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James Goldstein (Jim)
Atlanta Personal Injury Attorney - Personal Injury Laywer - Medical Malpractice Attorney - Medical Malpractie Lawyer - Birth Injury Attorney - Brain Injury Lawyer - Cerebral Palsy Lawyer - Swimming Pool Accident Lawyer - Wrongful Death Attorney
Atlanta Personal Injury Attorney - Personal Injury Laywer - Medical Malpractice Attorney - Medical Malpractie Lawyer - Birth Injury Attorney - Brain Injury Lawyer - Cerebral Palsy Lawyer - Swimming Pool Accident Lawyer - Wrongful Death Attorney

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All eastbound lanes of I-20 in Douglas County, which were blocked during the early stages of today’s morning commute as authorities worked to clear a tractor-trailer crash, are open.
The wreck, which involved a FedEx truck pulling two trailers and several smaller vehicles, happened before 6:30 a.m. on I-20 eastbound past Fairburn Road. There were no immediate reports of injuries.
Major delays remain in the area, according to Channel 2 Action News.

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Although the death rate for drowning in the U.S. has gone down in the last decade, drowning leads to more deaths among young children aged 1 to 4 than any other cause except birth defects, a new report from the CDC reveals.

Between 2005 and 2009, the death rates from accidental drowning were higher among children under 4 years of age than for any other age group, the report shows. About half of these deadly incidents in young children took place at swimming pools.

Kids under 4 also had the highest rate of nonfatal drownings, meaning injuries from near drowning that may have landed them in the emergency room or in the hospital. Swimming pools were the site of roughly 65% of these near drownings in preschoolers.

Researchers also found that for each year between 2005 and 2009, an average of 3,880 Americans lost their lives to drowning and nearly 5,800 people a year were estimated to have sought treatment in the emergency room because of a near-drowning episode.

The findings appear in May 18 issue of the CDC's Morbidity and Mortality Weekly Report.

Kids' Swim Lessons Save Lives

For this study, researchers looked at information on death certificates over a five-year period. They found that of the nearly 3,900 accidental deaths from drowning each year in the U.S., more than half occurred in natural bodies of water, almost 18% took place at pools, and about 10% happened in the bathtub.

Men were four times more likely than women to be the victims of drowning. Men might be at greater risk of drowning because they may overestimate their ability to swim, choose riskier water-related activities, or drink alcohol more often, the report says.
African-Americans had a higher death rate from drowning than whites, Hispanics, or other races.

For near drownings, researchers reviewed data from 66 hospitals in the U.S. They found that children under 4 accounted for nearly 53% of emergency visits for drowning-related injuries, while children aged 5 to 14 were responsible for almost 18% of them.

Alcohol played a role in nearly 22% of all nonfatal drowning injuries among those aged 15 or older.

It comes as no surprise that summertime brought more problems: Almost half of the nonfatal injuries and more than one-third of the deadly drownings happened on weekends between June and August.
The researchers suggest that taking swimming lessons while young can teach life-saving skills to help prevent drownings and water-related injuries. Wearing life jackets, installing four-sided pool fencing, and giving bystander CPR can also help lessen the number of lives lost or injuries.

If your child or another loved one has been involved in a drowning accident, or has otherwise been injured in a swimming pool, you should contact a personal injury attorney immediately.  The lawyers at Goldstein & Hayes, P.C. in Atlanta have extensive experience helping families during this difficult time.  Please do not hesitate to call us today for a free consultation.

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Every year, 2.5 million people suffer from traumatic brain injury, according to the Centers for Diseases Control and Prevention. Brain injuries may result from many causes, including car accidents, falls, toxic substances, improper medications, and mishandled medical procedures. In many instances brain injuries may be difficult to detect, particularly so-called “mild” injuries. As such, brain injuries are often missed or misdiagnosed by medical professionals. A failure to diagnose a brain injury–even one that is considered mild–can pose a serious risk of harm.

Recognizing Brain Injury
Because the severity and type of brain injury can vary, there exists no sure-fire way for easily detecting a brain injury in all cases. Some of the common symptoms of traumatic brain injury include:

difficulty concentrating;

memory loss;

persistent headache;



change in mood;

change in cognitive function (such as difficulty reading or speaking);

blurred vision; and


Another symptom may include loss of consciousness, but note that a loss of consciousness does not occur in all cases, including cases of more severe brain injury.

Recognizing When a Child May Be Suffering From Brain Injury
For children who suffer from a brain injury, symptoms may be more difficult to identify than for adults. Parents and other caregivers should look for the following:

changes in eating, sleeping, or playing patterns;

changes in school performance;

tiredness or listlessness;

changes in mood, including irritability;

loss of interest in favorite activities

loss of newly acquired skills (such as toilet training);

vomiting; and

trouble balancing or unsteady walking.

In all cases of brain injury–both in children and in adults–it is important to note that symptoms may appear over time. A delay between the cause of a brain injury and the manifestation of symptoms is not uncommon. For example, a person may appear to be fine immediately after an accident but may feel ill days or even weeks later.

Brain Injury Caused by the Negligence of Another
Although some brain injuries may be the cause of our own actions, many suffer brain injuries due to the negligent actions of others. For example, a common cause of brain injuries includes the negligence of medical professionals. While under the care of medical professionals people may suffer brain injury due to:


improper medication,

failure to diagnose a brain tumor,

mishandled brain surgery, and

improper use of anesthesia.

Another type of brain injury at the hands of medical professionals includes birth injury. For example, a doctor’s negligence may cause a child to suffer from a lack of oxygen during childbirth. When oxygen is cut off during delivery the child may suffer from significant injury, such as cerebral palsy. Such an injury may affect the child for life.

Get the Help of an Experienced Attorney
If you or your child has suffered harm from a brain injury caused by the negligence of another, you should contact a brain injury attorney immediately. Our attorneys at Goldstein & Hayes an review the facts of your case and determine whether you have a viable claim.  For more information, please call us today at 404.869.8600 or visit our website

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Authorities have reopened a north side interstate ramp blocked by a predawn truck wreck, but a south side interstate shut down by a fatal wreck remains closed, according to the Georgia Department of Transportation.
On the south side, College Park police are working a wreck that has all lanes of I-85 southbound blocked at I-285. According to GDOT, the wreck, which involves a tractor-trailer and a sport utility vehicle, also involves a fatality.
Southbound traffic is being diverted off I-85 onto Old National Highway, according to the AM750 and 95.5FM News/Talk WSB Traffic Center.
On the north side, the ramp from Peachtree Industrial Boulevard to I-285 westbound reopened about 9 a.m. after being blocked by a truck that overturned and dumped a load of logs onto the roadway before dawn.

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The National Safety Council (NSC) has designated April as Distracted Driving Awareness Month, and is campaigning to stop cell phone use while driving and other dangerous habits. According to the NSC, thousands of people die each year in accidents involving cell phone use while driving. However, cell phones are not the only type of distraction that leads to accidents, and it is important for drivers to avoid all distractions as often as possible.
Tips to Avoid Distracted Driving Accidents
Here is some information and advice to help you avoid distracted driving accidents:
1.    New drivers are more easily distracted: Drivers between the ages of 15 and 20 comprise only 6.4 percent of all drivers, but account for 11.4 percent of traffic fatalities. Parents should teach their kids to be responsible drivers, and kids should recognize that they are not invincible.
2.    Every second counts: Looking at your phone for even a brief moment can be disastrous. You are usually driving so fast that you need to maintain constant focus on the road.
3.    Eating while driving is a distraction: While perhaps not as distracting as cell phone use, eating while driving does take some of your attention off the road and can lead to an accident or to the police pulling you over.
4.    Cell phone records are admissible in court: Prosecutors can subpoena your cell phone records in order to show that you were talking on your phone or texting at the time an accident occurred.
5.    Texting and driving can lead to child endangerment charges: If you text and drive with a small child in the car and a police officer sees you, you may be charged with child endangerment.
6.    Distracted driving can lead to public shaming: With social media becoming ubiquitous, some cities are encouraging people to take pictures of distracted drivers and post them on the internet.
7.    Watching crash videos can discourage you from texting and driving: Watching videos of accidents caused by texting and driving is a good way to scare yourself into paying attention to the road.
8.    Even hands-free cell phone devices can be distracting: While not as dangerous as hand-held cell phones, hands-free devices are still distracting and can lead to accidents.
9.    There’s an app for that: There are smartphone apps that automatically block incoming calls and texts, and don’t allow you to send texts, while you are driving. Download and utilize one of these apps, just to be safe.
10.  Get a lawyer if it’s too late: If you have already been involved in a distracted driving accident, whether you were at fault or not, you should consult with an attorney who has experience dealing with these cases.
What to Do if You Are Involved in an Auto Accident

If you have been injured in an auto accident, whether it involved cell phone use or not, you should contact a personal injury attorney immediately. The lawyers at Goldstein & Hayes in Atlanta can review the facts of your case and determine whether you have a viable claim. For more information, please visit or website or call us directly at 404.869.8600.

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Some pregnancies, for a variety of reasons, are riskier than others when it comes to health dangers to the mother and baby and birth injuries are far too common.   Women with high-risk pregnancies need to be monitored more closely than other expectant mothers, and will usually be subjected to numerous tests. These women will usually be referred to physicians who specialize in high-risk pregnancies, known as maternal-fetal specialists. There are many factors and conditions that can lead to high-risk pregnancies, and women who are thinking about having a baby should be aware of them.

Conditions that Can Lead to High-Risk Pregnancies

The following are some of the conditions that often cause high-risk pregnancies:

1.    High Blood Pressure: When a pregnant woman has high blood pressure, or hypertension, this can decrease the flow of oxygen-rich blood to her baby. Mothers with untreated high blood pressure often end up with kidney damage, which can cause the baby to have a low birth weight. Finally, high blood pressure can also lead to preeclampsia, which can cause abnormal growth in the baby.
2.    Diabetes: Whether it is diagnosed before or during pregnancy, a mother’s diabetes can have harmful effects on a baby. Diabetes prevents the body from getting as much insulin as it needs, and therefore from converting glucose into energy. Almost 20% of pregnant women are diagnosed with gestational diabetes, and the condition typically occurs about midway through pregnancy. The mother’s abnormally high blood sugar levels can cause the baby to be very large, and therefore can lead to a difficult and dangerous delivery.
3.    Obesity: A mother’s obesity puts her at risk of developing many conditions (including diabetes and hypertension) that can harm her baby. In addition, an obese mother is more likely to require a C-section delivery or vacuum extraction rather than a natural birth. Women who are thinking about getting pregnant should be careful about watching their weight, and pregnant women should try to avoid gaining a great deal of weight.
4.    Multiple Gestation: Women who are pregnant with twins, triplets, or more are at risk for giving birth prematurely and for requiring C-section deliveries. Also, twins and triplets are more likely to be small for their size and are at a higher risk for developing breathing problems after birth.
5.    First-time Pregnancy: Women who are pregnant for the first time after the age of 35 are at an increased risk for requiring a C-section, experiencing complications during delivery, and having a baby with a genetic disorder.

All of these conditions, as well as many others, can increase the risk of having a child that develops a birth injury or cerebral palsy. Women who are pregnant or thinking about getting pregnant should consult with a doctor in order to understand all of the risks.

What to Do if Your Child Has Cerebral Palsy

If your child has been diagnosed with cerebral palsy or any injury at birth, and you believe this condition may be the result of medical negligence, you should contact a personal injury attorney immediately. The lawyers at Goldstein & Hayes can review the facts of your case and help you determine whether there is a viable claim. If so, they can help you seek the compensation you need to take care of your child.  Please visit or website or call us today for more information 404.869.8600.

#cerebralpalsylawyer #birthinjuryattorney
#birthinjurylawyer #birthinjurylawsuit  

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10 killed as truck, bus carrying students collide

ORLAND, Calif. —
A FedEx tractor-trailer crossed over a grassy median on a Northern California freeway and slammed into a bus carrying more than 40 high school students in an explosive crash that left 10 people dead, authorities said.
Among the students on the trip to visit Humboldt State University was Steven Clavijo, 18, a senior at West Ranch High in Santa Clarita, who planned to enroll in the school. Just as Clavijo was trying to catch a nap Thursday afternoon, he said he felt the big vehicle begin to shake from left to right and then he heard a loud boom.
"We knew we were in major trouble," he said.
Both the bus and semi driver were among those killed in the fiery crash, authorities said.
Many of those on the bus escaped through a window that someone had kicked open, Clavijo said, running for their lives to the other side of Interstate 5 before hearing an explosion and seeing the bus burst into flame.
Two more explosions soon followed, he said, and he and other survivors looked on knowing others were still trapped in an inferno.
Massive flames could be seen devouring both vehicles just after the crash, and clouds of smoke billowed into the sky until firefighters doused the fire, leaving behind scorched black hulks of metal. Bodies were draped in blankets inside the burned-out bus.
In addition to the drivers, three adult chaperones and five teenage students were killed in the crash, according to the California Highway Patrol. Their identities were not immediately released. The bus carried between 44 and 48 students, four chaperones and the driver, the patrol said.
Eric M. Weiss, a spokesman for the National Transportation Safety Board, said a multi-disciplinary team of highway crash experts left on a flight Friday morning for the crash scene.
"Every piece of paper associated with this will be looked at," Weiss said. "Our first priority (though) is to get out there as quickly as possible and to process the scene and talk to any witnesses."
The crash happened a little after 5:30 p.m. on the interstate near Orland, a small city about 100 miles north of Sacramento.
The bus was one of two that the admissions office at Humboldt State University had chartered to bring prospective students from Southern California to tour the Arcata campus, Humboldt's Vice President of Administrative Affairs Joyce Lopes said.
The bus was owned by Silverado Stages, a tour bus company based in San Luis Obispo. The company said in a statement on its website Thursday night that it was assisting authorities in gathering information.
"Our top priority is making sure that the injured are being cared for," the company said.
Humboldt State President Rollin Richmond issued a statement on the school's website. "Our hearts go out to those who have been affected, and we are here to support them, and their families, in any way possible," Richmond said.
The students came from a number of Southern California high schools and Humboldt spokesman Simon Chabel said the college was working to confirm where exactly they were from.
Los Angeles Unified School District spokesman Tom Waldman said 19 students from 15 schools were on the bus that crashed. District officials, including crisis counselors, left for the scene at about 5:30 a.m. Friday and Superintendent John Deasy was traveling back from a business trip to the East Coast. Crisis counselors were also being made available at district schools.
A high school senior from Alliance Renee & Meyer Luskin Academy High School in Los Angeles said she and a few of her classmates who were accepted to the university were invited to go on the tour.
Sabrina Garcia said the tour began Thursday, with buses taking students in Southern California on the ride to the campus for a three-day stay there. She said she decided to postpone the tour because she had a school project to complete.
"I was devastated when I heard about the crash, and relieved that I didn't attend," Garcia said. "I can't imagine how those kids feel. You think you're going somewhere safe with your school — and you end up in an accident."
A CHP dispatcher says the bus and truck were on opposite sides of the freeway when the truck crossed the median and slammed into the bus, causing an explosion and fire.
Investigators say the truck driver might have been trying to avoid a passenger car that was also involved in the crash, which shut down north- and south-bound traffic on the freeway.
"There was a small white sedan in front of the truck," Heitman said. "The FedEx vehicle did sideswipe the sedan before it crossed the median."
No one in the car was injured.
A first responder who helped set up a triage at the scene said 36 or 37 people received injuries ranging from minor to severe burns, broken legs and noses, and head lacerations.
"The victims were teenage kids. A lot of them were freaked out. They were shocked. They still couldn't grasp what happened," said Jason Wyman of the Orland Volunteer Fire Department.
Eleven people were taken to Enloe Medical Center in Chico, hospital officials said. Two of those patients were listed in critical condition Friday morning.
Five people were taken to Mercy Medical Center in Redding in fair condition. Two patients were taken to University of California, Davis, Medical Center in critical condition. One patient died at 10:30 p.m. Thursday bringing the death toll from nine to 10.
A nursing supervisor said three people were taken to Oroville Hospital in Oroville. She declined to describe their conditions, citing patient privacy laws.
Bonnie Kourvelas, a FedEx spokeswoman, said in a statement Thursday night: "Our thoughts and prayers are with everyone involved in the tragic accident on I-5 in California. We are cooperating fully with authorities as they investigate."
The American Red Cross set up a relief station at a Veterans Memorial Hall community center in Orland, about 5 miles from the crash site. Officer Joel Lynch said seven victims who were not hospitalized with injuries were staying the night with about 25 volunteers. A community member ordered pizza for the students.

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Just weeks after General Motors issued a recall on 1.6 million compact cars, the auto manufacturer is facing a potential class action lawsuit stemming from an ignition-switch defect on the recalled models. The lawsuit, filed in Texas federal court earlier this month, alleges that GM knew about the defect as early as 2004 but failed to take any steps to fix it or warn drivers of the dangers.

The plaintiffs in the lawsuit against GM are a couple who own a 2007 Chevy Cobalt, which is one of the models that was recalled. They claim that, due to the defect with the ignition-switch, they drove the car less often than they otherwise would have. While the couple does not claim that they were injured due to the defective ignition-switch, they are asking for damages for diminished resale value and the loss of use of their car.

Lawsuit May Become Class Action
The lawsuit is seeking class action certification, which would allow the plaintiff couple to represent similarly situated individuals across the country who may have been injured due to GM’s wrongdoing in handling the ignition-switch defect. However, it is not certain that the court will certify the lawsuit as a class action. In order to grant a lawsuit class action certification, a federal court must find the following:

1.    It is impractical for each plaintiff to sue on his or her own: There must be some practical or legal barriers to every member of the potential class suing the defendant individually and directly.

2.    There is a common complaint shared among class members: Every member of the class must have a common legal complaint against the defendant. In the GM case, individuals who have been injured in auto accidents caused by defects besides the ignition-switch would not be eligible to join the class.

3.    Class representatives have the same claims and defenses as the other members of the class: The plaintiffs who represent the rest of the class must make the same claims, and the same defenses against counter-claims, that the other members of the class would be able to make in individual lawsuits.

4.    The class representatives and their attorneys will fairly represent the class: Since joining a class action lawsuit requires forfeiting certain rights to pursue individual litigation, the court needs assurance that the plaintiffs and their attorneys will competently put forward their case.

More Legal Troubles for GM
The potential class action lawsuit is just the latest in a series of legal problems faced by GM. The company faces other litigation from drivers related to the cars that were recalled. In addition, both Congress and the Justice Department are looking into civil and criminal charges against GM, alleging that the auto manufacturer misled government regulators by not informing them of the defect.

What to Do if You Are Injured Due to a Defective Automobile
If you have been injured in a car accident, and you believe this injury may be the result of an automobile’s mechanical defect, you should contact a personal injury attorney immediately. An attorney can review the facts of your case and determine whether you have a viable claim. If so, they can help you seek the compensation you deserve.

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Damages in Truck Accident Lawsuits

As the number of accidents involving large trucks (and lawsuits related to such accidents) continues to rise, potential plaintiffs often wonder how much compensation they can get if they sue over an accident. The amount of damages awarded by a judge or jury in a civil lawsuit depends on many factors, many of them somewhat subjective. The most important thing you can do to ensure a positive outcome is to talk to and hire a quality attorney who has experience litigating truck accident cases.

Factors that Determine Damages in Truck Accident Cases
In order to determine damages, courts will look at a variety of issues and factors, including the following:

1.    Medical bills: This is probably the most important factor that a court will take into account in calculating damages for a truck accident case. The court can look at bills and expenses for medical services such as doctors, hospital stays, emergency room treatment, ambulance fees, physical therapy, medical accessories, and in-home services. To be factored into the compensation, the plaintiff must show that the medical expenses resulted from the truck accident injury.

2.    Property damage: The court may factor in damage to your car and other property. You will probably need photographs or other evidence that demonstrate the extent of the damage to your car. Approved auto insurance claims may also benefit your case.

3.    Lost wages: The plaintiff may be able to recover damages that represent the amount of money he would have earned if he had not been injured from the time of the injury to the settlement of the case. The court may also consider lost future earning capacity from the injury.

4.    Pain and suffering: The court may consider past, present, and future physical pain suffered by the plaintiff as a result of the accident. The court will consider a number of factors when trying to put a money value on pain and suffering.

5.    Emotional distress: A court can take into account any emotional distress suffered by the plaintiff following the accident. The court will look at the intensity, duration, and underlying cause of the distress in determining damages.

6.    Punitive damages: If the defendant’s behavior was particularly egregious, the court may award damages that are specifically meant to punish the defendant. Punitive damages are fairly rare, but do occur in some truck accident cases.

7.    Comparative/contributory negligence laws: The degree of your own fault in the accident can factor into the damages the court awards to you. Many states have comparative or contributory negligence laws that can reduce or even bar damage awards, depending on how much the plaintiff was at fault.

What to Do if You Are Involved in a Truck Accident
If you or a loved one has been injured or killed in a truck accident, you should contact a personal injury attorney immediately. An attorney can review the facts of your case and determine whether you have a viable claim. If so, they can help you seek the compensation you deserve.
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