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MARCH 2023
Legally Brief With Kevin Patrick Automobile accidents | Daycare injuries | wrongful death
How to Help a Hurt Child 3 ELEMENTS OF EVERY DAYCARE INJURY CASE
After a long day at work, I enjoy nothing more than setting down my briefcase and hugging my kids. It’s the best feeling in the world to look down at their little blond heads and know they’re both safe in my arms. Unfortunately, not every parent can rely on that warm fuzzy feeling. On any given day, hundreds of kids are not safe and happy at home where they should be. Instead of running into bear hugs, they lie injured in hospital beds or hide under covers to escape past traumas. I don’t mean to be an alarmist, but I painted that picture because my team has seen a spike in daycare injury cases over the last few months. These cases run the gamut: We’ve helped children left unattended in vans, hurt falling from changing tables, and accidentally fed dangerous allergens. Daycare injuries are troubling because a daycare should be an extension of the home — a nurturing, safe place where parents can feel confident leaving their children. But sometimes, daycares fall short of their responsibilities. Fortunately, parents can turn to the legal system for help when this happens. If you know a child who was hurt at daycare, look for these three elements to determine whether they have a case.
From the Start can help, and so can a good lawyer.
3. DAMAGES: When something terrible happens to a child, damages occur. These include medical bills, trauma responses like night terrors, and time away from friends and family due to the incident. You have a daycare injury case if these three things are present and aligned! My team can demand a settlement from the daycare through their insurance company and claim the money the child needs to recover. When we take on a daycare injury case, we represent the parent(s) or guardian(s) and try to leave the child out of it as much as possible. This format gives them the privacy to focus on school, family, friends, and recovery in peace. I know this probably seems overwhelming, so to learn more about our work at your own pace, visit PatrickTrialLaw.com, click “Practice Areas,” and select “Daycare Injuries.” You’ll find detailed information about the types of daycare injury cases we take on and how you can get help. As a husband and father of young kids, these cases are close to my heart. If you know a child who was hurt in daycare, visit my website and get in touch.
something wrong? If they did, you can check negligence off the list. The best way to answer those questions is to notify Bright From the Start, the Georgia Department of Early Care and Learning (Decal.ga.gov). This agency is tasked with licensing, monitoring, and — most importantly — investigating daycares. Ideally, daycares should notify Bright From the Start if a child is injured beyond a booboo, but this doesn’t always happen. If you reach out to Bright From the Start, they will look into the child’s situation. Their thorough team will determine whether the daycare was taking proper precautions, using enough supervision, and employing the correct ratio of students to staff to prevent injuries. 2. CAUSATION: Once you learn whether the daycare did something wrong, ask yourself, “Did the daycare’s negligence actually cause the child’s injury?” This can be tough to determine on your own, but Bright
1. NEGLIGENCE: Was the daycare negligent in their duty? Did they do
This publication is for informational purposes only, and no legal advice is intended.
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Fresh Off the Lot
UNDERSTANDING YOUR RIGHTS AS A CAR BUYER
Cars are an American way of life, but they don’t come cheap. Motor vehicles are many families’ highest-value assets, second only to their homes. With the high cost of purchasing and repairing a car, many consumers feel comforted that lemon laws are on the books to protect them. Unfortunately, they may not cover as much as you think. At the federal level, the Magnuson-Moss Warranty Act protects consumers who purchase a new product worth more than $25 that includes a written warranty. Under the law, manufacturers must follow specific stipulations and can face a lawsuit for not abiding by their own terms and conditions regarding a defective product. Meanwhile, the Uniform Commercial Code entitles consumers to refunds or replacements for “lemon” products. But crucially, it is up to the courts to decide whether or not a product is a lemon. Additional lemon laws exist at the state level that vary in their scope. Most assign a limited time window in which consumers can report problems and get free repairs. Generally speaking, the manufacturer must make several good-faith efforts at repair and then offer a replacement or refund if the problem persists. The buyer can sue those that refuse to comply.
But most Americans don’t buy new cars. In 2021, roughly 73% of all car purchases were for used vehicles. Consumers have less stringent rights under these purchases. Dealerships selling used cars must include a “buyer’s guide” on the car’s side window disclosing important information and buyer’s rights. But used cars do not necessarily have a warranty. Most states allow “as-is” purchases through dealerships, which means the consumer receives no guarantee that the product will function. Further, all private used car sales operate under an “as-is” rule unless the seller opts explicitly to provide a warranty. Consumers must be cautious in as-is sales, as they have no right to return the vehicle to the seller, even if it breaks down immediately. Always source a vehicle history report before making the purchase. You should also ideally take the car to a mechanic before buying. If the dealership or private seller will not allow a mechanic’s inspection, it is usually safer to find another vehicle. If you make a poor decision about your used car purchase, the law will often not protect you.
The Bulldogs Won Big — And So Can You! ENTER OUR PHOTO RAFFLE TODAY
KPL BULLDOGS PHOTO RAFFLE: ENTER TO WIN! How to Enter: Email your favorite memory from the 2022 Georgia Bulldogs college football season to Kevin at Kevin@patricktriallaw.com.
It has been two months already, but I still can’t believe the Georgia Bulldogs won the College Football Playoff National Championship again! I’m so proud to be a ‘Dawgs fan and can’t wait to see if they repeat the feat next year. Did you know that if they do, they’ll be the first college football team to win three consecutive National Championships since at least 1936?
moments: The second Georgia defensive lineman Jalen Carter picked up the Louisiana State University quarterback Jayden Daniels and flashed a No. 1 at the crowd! I took his hand sign as a positive omen, and sure enough, the ‘Dawgs went on to win the championship. Now, that beautifully framed photo can be yours. Entering our raffle is simple. All you need to do is email your favorite memory
The Deadline: Friday, March 31, 2023
The Prize: A beautifully framed photo of Jalen Carter flashing No. 1, foreshadowing the National Championship game. I’m looking forward to hearing your best memories of the ‘Dawgs! May the biggest fan win.
I know the ‘Dawgs mean as much to you as they do to me. So, to celebrate their win, I’m raffling off a prize that will help you commemorate their victory! After the game, I purchased a framed, high-resolution photo of one of the season’s most iconic
from the 2022 season to me at Kevin@ patricktriallaw.com. That’s it! Send that email by Friday, March 31, and I’ll enter your name into the drawing. If your name is drawn, I’ll email you the good news.
Got all that? Here’s a quick recap, just in case.
You can always reach Kevin directly at 404.566.8964 or Kevin@PatrickTrialLaw.com. (If you ever need it, his cellphone is 404.409.3160.)
2 • KEVINPATRICK.LAW I 404.566.5880
Aching Back? We May Know the Cause 3 Common Spine Injuries to Watch For
THORACIC SPINE INJURIES — The thoracic region is the middle part of your back, and you can think of it as the part of the spine behind your ribs and chest. If you’re in a car accident at high speeds, you could sprain or fracture this part of your spine and end up with nerve damage and/or paralysis. LUMBAR SPINE INJURIES — The lumbar region, aka the lower back, is a relatively tough part of the spine. Still, a car crash can easily sprain or strain the muscles, ligaments, and tendons around your lumbar spine. Those injuries are painful reminders of the collision. In a perfect world, no one would ever have to worry about a spinal injury, but unfortunately, they happen every day. That’s why we always recommend visiting your doctor after a car crash — even if you feel perfectly fine. They can spot symptoms you might miss, order a magnetic resonance imaging (MRI) or computed tomography (CT) scan to identify problems, and treat your hidden injuries before they worsen.
All kinds of scary things can happen to your body during a car crash, but back injuries are among the most terrifying. Your spine is the backbone of your body — literally — and damage to it can cause paralysis, loss of limb function, breathing problems, and even fertility issues. All of these things can be tragic. According to the National Spinal Cord Injury Statistical Center, car accidents are the most common cause of spine injuries, and that’s no surprise to our team here at Kevin Patrick Law. We’re lawyers, not doctors, but over the years, we’ve become well-versed in the many spine problems car wrecks can cause, including herniated discs and spinal cord damage. There are five different spine regions, but in our experience, most car crash injuries happen to three of them: the cervical, thoracic, and lumbar regions. CERVICAL SPINE INJURIES — The cervical region is the upper part of the spine: your neck! If your car spins during a crash, you’re T-boned by another vehicle, or you’re hit head-on, you may end up with a cervical spine injury like whiplash.
Take A Break
Irish Pancakes Start your March mornings off with a seasonal flair by making these traditional Irish pancakes! Thick yet crispy, these pancakes are a sweet way to fuel your day. Ingredients • 2 cups all-purpose flour
• 1 large egg, beaten • 1 cup buttermilk • 2 tbsp unsalted butter, divided
• 1/2 tsp baking soda • 1/2 tsp kosher salt • 1 tbsp white sugar
Directions 1. In a bowl, sift the dry ingredients together. Set aside. 2. In a skillet, brown 1 tbsp of butter.
3. In a separate bowl, mix the beaten egg, buttermilk, and browned butter. 4. In a constant stream, add the wet mixture to the dry ingredients while stirring. Do not overbeat! 5. Heat a skillet over medium-low heat. Add 1 tbsp of butter, stir until the skillet is coated, and then add a few large dollops of batter (about 3 inches wide) to the pan. Do not overcrowd. 6. Cook 4–5 minutes a side, until golden brown and cooked through. Serve with butter, jam, and syrup.
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Inside This Issue 1 How to Hold Shady Daycares Accountable 2 Your Rights When Purchasing a Car Win an Iconic Georgia Bulldogs Photo 3 3 Common Spine Injuries After Crashes Irish Pancakes 4 The Best St. Patrick’s Day Celebrations in America
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Feeling the Luck of the Irish? Check Out America’s Best St. Patrick’s Day Celebrations
As we inch closer to the beginning of spring, nature around us is coming back to life. Soon, the grass and trees will return to their typical green hue if they haven’t already. Luckily, you don’t need to wait until April to see an abundance of green again. On March 17, we celebrate St. Patrick’s Day, and people across the country will dress in green to honor the occasion, and as you can imagine, it’s one of my favorite holidays. Certain cities in the U.S. go big for St. Patrick’s Day. If you’ve never attended a St. Patrick’s Day parade or celebration, maybe this is the year. Below you’ll find a few cities with St. Patrick’s Day celebrations worth checking out. CHICAGO, IL Nobody does St. Patrick’s Day quite like Chicago, Illinois. The entire city gets a makeover! This year, on March 11, Chicago 4 • KEVINPATRICK.LAW I 404.566.5880
will host its St. Patrick’s Day parade, which includes dyeing the Chicago River a beautiful shade of emerald green. They’ll start tinting the river around 9 a.m., and the color will fade within six hours,
potatoes, so keep your head on a swivel. You can also head to the Irish Channel neighborhood on March 11 to attend an all-day block party. Plenty of green beer will be available at this event, so come ready to celebrate!
so make sure you get there early! Chicago’s St. Patrick’s Day Parade is also one of the biggest in the country. You’ll see floats, Irish step dancers, and much more.
NEW LONDON, WI Let’s say you want to do something slightly toned down but still
exciting for St. Patrick’s Day. Then, you’ll want to check out New London, Wisconsin, for one of the country’s most unique St. Paddy’s Day celebrations. Leprechauns will change the city signs from New London to New Dublin. The city also puts on an Irish funeral parody in its annual downtown parade.
NEW ORLEANS, LA Once Mardi Gras concludes, all eyes are on St. Patrick’s Day in
New Orleans, Louisiana. The city hosts a parade on March
11, and it’s always quite a spectacle. You’ll see the makings of Irish tradition everywhere, including cabbage, onions, and
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