Personal Injury & Wrongful Death

More Traps for the Unwary: Problems Under the Federal Tort Claims Act

We have previously written about procedural problems that clients may face when dealing with claims against governmental entities. Specifically, if an individual has a claim against a city or county government, there are certain pre-suit, ante litem requirements that must be observed before suit can be filed. We have written about this in earlier articles and would refer the reader to the same. We have also written these procedural problems under Georgia’s State Tort Claims Act. Here, we write briefly to discuss some unique issues
(more…)

BOATING ACCIDENTS ON THE RISE

Just this past year, our firm handled several boating accident cases which illustrate the dangerous nature of this recreational activity. In one case, a female skier was pulled into a small cove by the operator of the ski boat with such speed and force that she was pulled onto the shore and thrown into some trees with resulting and very serious personal injuries. In another case, a child being pulled on a tube was pulled in front of another boat and the child was killed.
(more…)

MUNICIPAL TORT LIABILITY IN GEORGIA

For years, cities enjoyed sovereign immunity under the law and could not be sued if negligent. This has been relaxed under recent statutory provisions with respect to city motor vehicles. For most motor vehicles operated by and on behalf of city employees, municipalities are now required to carry liability insurance in the amount of $250,000 because of bodily injury or death to any one person and $450,000 for any one occurrence. While this amount is woefully inadequate for true serious injury cases or cases involving
(more…)

ANTE LITEM REQUIREMENTS UNDER THE STATE TORT CLAIMS ACT

The State Tort Claims Act waives the state of Georgia’s immunity from suit in the courts of this state. See O.C.G.A. § 50-21-23. This is a limited waiver of sovereign immunity and the most that any single claimant can recover against the State is $1 million. See O.C.G.A. § 50-21-29. By the terms of the State Tort Claims Act, the limited waiver of immunity only applies to the State and its agencies and departments. O.C.G.A. § 50-21-22(5). The State Tort Claims Act expressly includes claims
(more…)

HIDDEN MINEFIELDS AND TRAPS FOR THE UNWARY

While most serious injury lawyers are aware of the ante litem provisions that exist under Georgia law, most lay persons are not. Thus, injured persons with valid claims against either city or county governments can through inaction sabotage such claims unwittingly just because of their ignorance of the arcane provisions found in the ante litem statutes of Georgia law. An ante litem notice simply means notice before litigation is commenced. With respect to cities, O.C.G.A. § 36-33-5 requires written notice to a Georgia municipality within six months of the event giving rise to the claim. This code section reads as follows:

(more…)

THE SUPREME COURT RULES AGAINST FLEEING SUSPECT IN POLICE CHASE CASE

In a case decided April 30, 2007, entitled Scott v. Harris, the United States Supreme Court held that a suspect fleeing from the police during a high speed police chase case has no Fourth Amendment right to be protected from the use of excessive force by the police against them. As we interpret this case, essentially, what this means is that a suspect assumes the risk of injury by the police during a police chase case.

In the Harris case, a 19 year old was fleeing from the police and the police employed a “pit maneuver” in order to knock the suspect’s car off the road. The pit maneuver is one in which the police hit the corner of the fleeing car with their car in order to force it off the road. In this case, when the suspect’s car left the road, it crashed rendering him a quadriplegic.

(more…)

MESOTHELIOMA CLAIMS FROM ASBESTOS EXPOSURE ARE STILL VIABLE

Asbestos products, which have been used primarily for insulation purposes, have long been known to be dangerous. Nonetheless, exposure to asbestos still presents a danger to anyone performing maintenance, repair or demolition work in any structure containing asbestos. Unfortunately, it has been well documented that the Asbestos industry was well aware of the fact that exposure to asbestos could cause cancer. Mesothelioma is a form of cancer specifically caused by exposure to asbestos. It is difficult to diagnose and hard to treat. It occurs typically
(more…)

Uninsured Motorist Stacking Bill – Important To Georgia Serious Injury Victims

Senate Bill 276, a very important bill for all Georgia citizens who may become involved in serious injury motor vehicle accidents, is awaiting action by the House Rules Committee at the State Capital. This bill would drastically improve uninsured motorist coverage in Georgia. Under current law, a consumer who is has uninsured motorist (UM) coverage can only access part of their total limit if they are hit by a driver with a small amount of liability insurance coverage. SB 276 would allow consumers to “stack”
(more…)

HIGH SPEED POLICE CHASE CASE SETTLES FOR $1 MILLION

After years of litigation, the City of Hampton paid $1 million to the family of Grashaunda Banks to settle a wrongful death claim brought as a result of a high speed police chase that resulted in a deadly collision. The crash occurred on Hwy. 19/41 near midnight on July 23, 2000, near the Atlanta Motor Speedway.

(more…)

PRESCRIPTION ERRORS ARE RISING

Negligent filing of prescriptions has been on the rise. In fact, because of a shortage of pharmacists and the steady increase in the use of prescription medications, the rate of death and injury from botched prescriptions is skyrocketing, officials say.
There are as many as 7,000 deaths annually in the United States from incorrect prescriptions, according to Carmen Catizone of the National Association of Boards of Pharmacy. He told The Washington Post that as many as 5 percent of the 3 billion prescriptions filled each
(more…)

Signed a Consent Form but the Surgery Went Wrong? Understanding Medical Malpractice

Signed a consent form medical malpractice issues often surface after a surgical procedure results in serious injury or loss of life. 

Families are frequently told that the outcome was an accepted risk, leaving them unsure whether legal action is even possible.

In personal injury and wrongful death cases, however, the presence of a consent form does not end the legal inquiry.

From an injury law perspective, the critical question is not whether a patient signed
(more…)

Wrongful Death Compensation: Who Gets What and How It’s Decided

Wrongful death compensation is intended to provide financial stability and legal accountability after a family loses a loved one due to another party’s negligence or misconduct. 

While no amount of money can replace a life, compensation plays a critical role in addressing lost income, emotional suffering, and the long-term impact on surviving family members.

Many families assume compensation is automatically divided equally or paid to a single person. 

In reality, wrongful death damages
(more…)

Common Types of Dental Malpractice: Trends, Risks, and When to Contact an Attorney

Common types of dental malpractice form the foundation of many professional negligence claims brought by patients who suffer preventable injuries during dental care. 

From a legal standpoint, these cases are not driven by dissatisfaction or discomfort alone. 

They arise when a dentist’s actions fall below accepted professional standards and cause harm that could have been avoided through proper care.

Modern dentistry has expanded rapidly, with increased reliance on implants, cosmetic procedures, sedation, and
(more…)

How Dental Malpractice Lawsuits Succeed in Court

Dental malpractice lawsuits are won in court when attorneys demonstrate that a dentist’s actions fell outside accepted professional standards and caused avoidable harm to a patient. 

From a legal standpoint, these cases are not about dissatisfaction or imperfect results; they are about proving negligence through evidence, expert interpretation, and clear causation.

Dentists are afforded professional discretion, and courts do not second-guess medical judgement lightly. 

For that reason, dental malpractice cases demand careful legal
(more…)

Automated Truck Accidents: Attorneys Explain the Risks of Public Road Testing

Automated truck accidents are becoming an increasing concern as self-driving and semi-autonomous commercial vehicles are tested on public highways alongside everyday drivers. 

As trucking and technology companies promote automation as the future of transportation, the reality is that these systems are still experimental and when they fail, the consequences can be catastrophic.

Unlike closed testing environments, public roads present unpredictable variables: human drivers, pedestrians, cyclists, construction zones, weather changes, and sudden traffic events. 

(more…)

Different Types of TBIs Caused by Truck Accidents and Your Legal Options

Traumatic brain injuries from truck accidents often leave victims and families overwhelmed, uncertain, and unsure where to turn next.

In our experience as attorneys, many clients come to us not because they immediately wanted to file a lawsuit, but because they needed answers, clarity, and protection while dealing with a life-altering injury.

Truck-related brain injuries are medically complex and legally challenging.

Victims may look fine on the outside while struggling with memory loss, emotional changes, or the inability to return to work. 
(more…)

Why Survivors Deserve More Than Silence: The Role of Dash Cam Evidence in Truck Accidents

Dash cam evidence in truck accidents has become one of the most powerful tools survivors have to protect the truth after a devastating collision. 

When commercial trucks are involved, victims and families are often forced to stand alone against trucking companies that control critical evidence, employ rapid-response legal teams, and shape the narrative within hours of a crash. Video footage changes that balance.

Unlike statements that can be challenged or rewritten, dash cam footage captures what actually
(more…)

What Are the Risks of Opioids and When Do They Qualify as Wrongful Death Cases?

Opioid wrongful death cases happen when the known risks of opioid medications are ignored, mismanaged, or improperly controlled, resulting in a fatal outcome that could have been prevented through appropriate medical care.

Opioids carry inherent dangers, but the law does not excuse healthcare providers from responsibility simply because a drug is high risk. 

From a legal perspective, these cases focus on whether physicians, pharmacists, or healthcare systems failed to follow established standards designed to protect patients from foreseeable harm.
(more…)

Can Prescription Errors Cause Wrongful Death? Drug Negligence Explained

Prescription errors in wrongful death cases arise when a preventable medication mistake directly contributes to a patient’s death. 

These errors create grounds for legal accountability under medical negligence and wrongful death law. 

Prescription medications are not harmless consumer products. They are tightly regulated medical treatments that require careful prescribing, dispensing, and monitoring. When that process breaks down, the consequences can be fatal.

From a legal standpoint, wrongful death caused by medication error is
(more…)

Why Insurance Claims Get Denied and How an Attorney Can Help

Insurance claim denied situations can be both confusing and financially overwhelming, especially when policyholders expect coverage only to face delays, disputes, or outright rejection.

Many people assume insurance exists to provide protection during difficult times, yet insurers frequently deny claims based on technicalities, exclusions, or contested interpretations of policy language.

In this blog, we discuss why insurance claims get denied and how legal representation can help. 

We also explain how policyholders can protect their rights, challenge unfair decisions, and
(more…)

Secret Link