Personal Injury & Wrongful Death

Structured Settlements For Minors

With today’s low interest rates, sometimes it makes little or no sense to structure a portion of a personal injury settlement. If a case settles for a particular amount, it is always advisable to consider whether structuring a portion of the settlement money into an annuity by way of a tax free investment might be in the best interest of the client. When minor children are involved, sometimes investing in a long term annuity can not only protect the corpus of the funds but
(more…)

Evaluating Wrongful Death Cases Involving Children

One of the most tragic kinds of case that we encounter is that involving the death of a child. Oftentimes it is in the context of a serious automobile collision but obviously death due to negligent behavior comes in a variety of forms. It is particularly difficult to deal with the death of a innocent child. It is also difficult to evaluate such a claim because of the emotions involved. Nonetheless, there are criteria that can be used in evaluating such claims even though financial “compensation” for such a loss is essentially an oxymoron when it comes to the death of a child.

(more…)

Assessing Damages In A Burn Injury Case

In those serious injury cases where the damage is a burn injury and significant scarring or disfigurement is present, it sometimes is difficult to estimate the settlement value of such a claim. Even if the plastic surgeon is able to give a reliable figure of future medical expenses, assuming more surgery is needed to address the problem, nonetheless, these cases are difficult to evaluate because most of the damages are intangible. The disfigurement of the scar, where the scar is located, whether it can
(more…)

Boating Under The Influence: A Deadly Combination

We read in the paper this week about a tragedy which occurred on Lake Lanier outside of Atlanta. A ski boat being operated by an individual under the influence of alcohol crashed head-on into a pontoon boat occupied by 13 people. Many of the people on the pontoon boat were seriously injured and apparently two young boys killed. As of the date of this blog, the authorities were still searching for a missing 9-year old boy. The driver of the ski boat was under the
(more…)

Punitive Damages In A Wrongful Death Context

Because damages in a wrongful death context are measured from the standpoint of the decedent and are considered under Georgia case authority to be somewhat punitive since the damages include compensation for the full value of the life of the decedent, in a wrongful death case, per se, punitive damages cannot be sought. However, in a case where there has been pre-impact fright and terror, pain and suffering associated with injuries prior to death and/or property damages sustained by the estate, the estate can
(more…)

Estate Claims In A Wrongful Death Context

As we have posted before, in a wrongful death context, the heirs-at-law have a claim for damages for the full value of the life of the decedent whereas the Administrator of the estate has a claim for pre-death damages. In some cases involving serious injury, the injured individual may live for a time prior to death. If, in such a hypothetical case, the individual incurs substantial medical expenses and experiences significant pain and suffering prior to death, the estate of such a decedent is
(more…)

Voices Insisting On Pursuit Safety: Heroes At Work

This entry is written in tribute to a little known non-profit association called Voices Insisting On Pursuit Safety. http://www.pursuitsafety.org/ VIPS is a group of dedicated volunteers who are trying to save lives through their work. Each of the members of this group unfortunately have experienced tragedies in their own lives typically as a result of a police pursuit gone bad. The board members of Voices Insisting On Pursuit Safety are those who have lost loved ones in tragic police pursuits where there was a reckless disregard of proper police procedure in the decision to either initiate the pursuit and/or recklessly continue the same in the face of dangerous circumstances, resulting in the death of an innocent family member caught up by happenstance in the chase.

(more…)

Another Police Chase: More Deaths

Another Police Chase: More Deaths
We read last week on the internet of a tragic story out of Parsons, Kansas. Unfortunately, the Kansas story is all too familiar and occurs each and every day in this country. What we refer to are dangerous and reckless police chase cases which regrettably and tragically all too often result in the deaths of innocent members of the public, unconnected to the chase, who just happen to be in the wrong place at the wrong time. The report we read out of Parsons, Kansas was one such occurrence.

(more…)

Non-Economic Damages In A Georgia Wrongful Death Case

As we have posted before, in Georgia the measure of damages is the full value of the life of the decedent. The full value of the life of the decedent is comprised of the economic value of the deceased’s normal life expectancy and the non-economic loss sustained at the time of the wrongful death. As to the non-economic component, this includes the joy of living itself, the loss of society, affection and companionship of a wife, children and other family members and generally what the
(more…)

Determining Economic Damages In A Wrongful Death Claim

In determining the economic value of a deceased’s life in Georgia, a jury is not bound by any fixed criteria in reaching its verdict. A Georgia jury may take into consideration the decedent’s age at the time of his/her death, heredity, health, physical condition, habits, character, education, prior earning capacity, the amount of money he or she was earning at the time of his death, any reasonable probability of increase or decrease or reduction in wages or salary, loss of employment, the probability of the
(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