Atlanta, GA (PRWEB) October 03, 2013
The Georgia Court of Appeals has issued a ruling that reinforces the principle that juries should decide issues within their common knowledge in car accident and other negligence cases, the Atlanta personal injury law firm of Millar & Mixon, LLC, writes in a new blog article.
The case is Safeway Insurance Co. v. Hanks. (A13A1215). It involves a man who was pursuing an uninsured motorist claim with his insurance company after a hit-and-run accident.
According to the August 20, 2013, decision, the appeals court rejected the insurance company’s argument that the man needed to have a medical expert testify that the crash caused him to suffer a herniated disk in his lower back.
Such an injury – back pain after a rear-end collision – did not raise a “medical question” that required an expert’s testimony to establish causation, the court ruled.
“As we state in the article, insurance companies often put up obstacles to avoid paying accident claims. Challenging whether a car crash caused an injury or aggravated a pre-existing condition is one of those common roadblocks,” said attorney Bruce Millar, a founder of the law firm.
“But, as this case shows, an auto accident victim can overcome that obstacle without having to put on testimony by an expert about causation – as long as the injury is one that falls within a jury’s common knowledge and experience,” Millar said. “Georgia law, fortunately, will allow juries to resolve those important questions of fact.”
Millar pointed out that the September 9 article, “Jury Gets to Decide if Car Accident Caused Lower Back Pain,” is one of many articles on the law firm’s blog that analyzes Georgia appellate court decisions and explains how they can impact accident and injury claims.
“The information and analysis we provide is, we believe, a natural outgrowth of our firm’s central mission, which is to seek the compensation that personal injury victims and their families rightfully deserve,” Millar said.
“We encourage anyone who has questions about our articles – or about a potential legal claim – to contact us and discuss the specific facts and issues in their case,” Millar said. “While our blog can be helpful, it’s still only general information and no substitute for specially tailored legal advice and representation.”
About Millar & Mixon, LLC
The personal injury law firm of Millar & Mixon, LLC, focuses on representing persons injured from dog bites, animal attacks, slip-and-fall accidents and all types of car, truck, motorcycle, bus and other motor vehicle accidents. The firm serves clients throughout the Metro Atlanta area and the state of Georgia, including Jonesboro, East Point, North Atlanta, Sandy Springs, Forest Park, College Park, Decatur, Roswell, Marietta, Peachtree City, Fayetteville, Riverdale, Lawrenceville, Athens and Macon. The firm’s office is located at Colony Square, 1201 Peachtree Street, N.E., Atlanta, GA 30361. For more information, call (770) 477-6360 or contact the firm through its online form.