Personal Injury & Wrongful Death

Georgia Medical Malpractice Cases in the Time of COVID-19

Prior the COVID-19 pandemic, in order to successfully bring a medical malpractice claim in Georgia, a plaintiff was required to offer expert medical testimony to the effect that the defendant physician or healthcare provider failed to exercise that degree of care and skill which would ordinarily have been employed by the medical profession generally under the circumstances.  See Boling v. Foster, 254 Ga. App. 374 (2002).  The legal duty owed by medical professionals was to exercise “a reasonable degree of care and skill.”
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What Damages Are Available In Wrongful Death Actions?

In Georgia when an innocent person is killed due to the negligence of a third person, the survivors have a claim for wrongful death damages. The full value of the life of the decedent includes both economic and non-economic components. The economic components are more readily deduced. If you take the earning capacity of the decedent, you multiply it over their projected work life expectancy and come up with a calculation as to what future lost wages would be due to the wrongful death.
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Challenges Associated With Serious Burn Injury Cases

Our firm regrettably has encountered several tragic cases involving serious burn injuries. These cases arise in a variety of contexts. Some of our clients have had chemical burns, others have had burns suffered in fires caused by defective products. We have handled wrongful death cases involving the death of young children due to defective air purifiers and serious disfigurement caused in automobile collisions and/or tractor-trailer accidents. Regardless of the factual context, for the victim who is innocent in the premises and suffers serious burn injuries
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Henry County Police Chase Ends In Death Of Teenage Passenger

On April 2 of this year, we blogged about an important decision rendered by the Georgia Court of Appeals on March 28, 2013 indicating that innocent passengers unwittingly involved in high speed police pursuits can file a claim for damages sustained if they prove a reckless disregard of proper police procedure by the police officer initiating or continuing the pursuit. The newspaper accounts of the incident in Henry County do not provide much by way of detail but apparently police officers were pursuing the
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Filing A Federal Tort Claims Act Case Against the United States

As is true of any other claim against the Federal Government, if a tort has been committed for which a government employee was negligent which caused injury or damages to an innocent third party, the procedures of the Federal Tort Claims Act govern the claim. A Standard Form 95 with all supporting documents needs to be filed with the appropriate government agency involved before the expiration of two years. Regardless of the agency involved, the form must to be received by the appropriate agency/department.
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Legal Liability For Emergency Vehicle Negligence

In urban America it is not uncommon to see speeding government vehicles heading toward a variety of locations. Whether the emergency vehicle be a fire truck, an ambulance or police vehicle this is a common day occurrence in places like Atlanta. Regrettably, during some of these responses, the emergency vehicles collide with innocent motorists. When this happens, obviously, the issue is whether there is legal liability for the operator of the emergency vehicle/government.
Under O.C.G.A. § 40-6-6, emergency vehicles are permitted to disregard traffic rules
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Innocent Passengers Involved In Police Chases Can Sue

On March 28 of this year, the Georgia Court of Appeals held that innocent passengers unwittingly involved in a high speed pursuit case can sue the police for damages caused, in part, by a reckless disregard of proper police procedure. In so ruling, the Court of Appeals noted that the police pursuit statute found at O.C.G.A. § 40-6-6(d)(2) was enacted by the Georgia Legislature to protect the rights of the innocent. Whether an innocent person is either inside or outside of a vehicle is not relevant. The question is, whether the injured party filing a claim against the police was innocent of wrongdoing. If innocent, whether a passenger inside the vehicle or a pedestrian outside the vehicle or any other third party, the Georgia Court of Appeals held that such a person could bring a claim, again, provided they were innocent and were injured, in part, by a reckless disregard of proper police procedure.

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The Value Of Demonstrative Evidence

There is an old saying that a picture is worth a thousand words. In legal cases presented to a jury, this is particularly true. If you have photographs of an automobile collision’s aftermath and can graphically demonstrate the damage to the vehicles involved, this is much better and more persuasive evidence than is an oral description of the same damage. Likewise, if there are x-rays or photographs of a client’s injuries, this too is very persuasive. Where original photographic evidence or videotaped evidence is not
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Achieving Justice In A Personal Injury Case

Oftentimes clients like to refer to news articles about some substantial jury verdict or settlement in favor of a plaintiff in a particular case. Our advice when these comments are made is that it is very dangerous to compare apples to oranges. Literally speaking, no two cases are alike and it is difficult to compare one person’s case to another. On the other hand, the paramount goal of our attorneys is to make sure that our clients receive the best possible result given the facts of their particular case. Here, we like to compare apples to apples insofar as possible.

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Georgia’s New Rules Of Evidence

Effective January 1, 2013, Georgia’s New Rules of Evidence go into effect. The new provisions are found generally at O.C.G.A. Title 24, Chapter 1 through 10. The new code applies to all cases filed on/or after 1/01/13 and to all trials commenced on/or after said date. What this means is that the new Rules of Evidence will apply to any case in Georgia beginning on January 1, 2013, and going forward.

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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
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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
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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
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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
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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. 

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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. 
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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
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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.
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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
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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
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