Personal Injury & Wrongful Death

Georgia Workers Compensation Act Needs Amending To Help Injured Workers

Uninsured Employers is a growing problem for injured workers in Georgia. In our practice we have seen a growing number of employees who have been seriously injured only to discover that their employers have no workers’ compensation insurance coverage. Many of those employers have no real assets and they are therefore “judgment proof.”
I recently read that on November 9, 2006, the Governor of Pennsylvania signed into law a significant change in the Pennsylvania Workers Compensation Act. Like Georgia, the Pennsylvania Workers’ Compensation Act covers
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Finding a Qualified Attorney

As I ride around the City, I am amazed at the number of billboard advertisements by attorneys. Occasionally, even though I am working all day long, I also get a chance while I am in a waiting room (usually awaiting a doctor’s deposition) to watch daytime TV. When I watch the TV, I am similarly amazed at the number of lawyer advertisements on daytime television. Obviously, this leads me to consider how the average person goes about finding a qualified personal injury attorney in a
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Loss of Consortium Claims

Many of the clients we represent are married individuals. When they are seriously injured, obviously, their spouses are adversely affected. The emotional toll of caring for an injured spouse, worrying about their health and financial issues and being overwhelmed by dealing with the totality of a serious injury case can be debilitating. The spouse of the actual client may be emotionally taxed and physically burdened by increased demands and therefore entitled to compensation for their damages. The question is whether a loss of consortium claim
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Uninsured/Underinsured Motorist Coverage: Don’t Leave Home Without It

A typical case we see far too often is that where the motorist who caused the damage to our client had the minimum limits of Georgia law which provides only $25,000.00 in liability insurance coverage. Typically such a driver has little or no personal assets to satisfy an excess judgment against them. In those cases where our client’s damages (medical bills, lost wages, pain and suffering) clearly exceed the $25,000.00 in available limits, the best chance for an excess recovery is to procure uninsured/underinsured motorist
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Family Purpose Liability: Alive and Well in Georgia

In our serious injury practice we are often times confronted with cases involving the Family Purpose Doctrine. It is not unusual for one of our clients to be injured by the acts of a teenage driver. More often than not, the teenage driver is operating the automobile with the express permission of the owner of the car which are usually the parents. Under Georgia law, when a family purpose car that is furnished by the owner to a member of the family for their convenience
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Insurance Coverage for Intentional Torts

Our lawyers are often times confronted with cases where the clients complain of intentional torts committed against them. For example, we have had clients that have come in swearing that the driver that hit them did so on purpose because of some longstanding feud or vendetta. Unfortunately, if someone acts intentionally to cause harm, their insurance policy will typically provide no coverage for them. Insurance coverage is purchased to protect against negligent acts and omissions which give rise to liability to third parties. If someone
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Suing Uncle Sam Under the Federal Tort Claims Act

The Federal Tort Claims Act (FTCA) waives sovereign immunity only for the acts or omissions of an “employee of the government while acting within the scope of his office or employment. . .” 28 U.S.C. § 1346(b). Because it is a limited waiver of sovereign immunity, the provisions of the Federal Tort Claims Act are strictly construed and must be followed if a valid claim against the government is to be asserted under its provisions.

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LAKE ACCIDENTS IN GEORGIA

On May 12, 2007, we wrote here about an increase in boating accidents in Georgia. We handled several such cases in 2006 and based on our experience were very aware of the peculiar dangers affiliated with recreational boating activity. Unfortunately, in yesterday’s paper, we read about 4 separate deaths which occurred in Georgia lakes over the Memorial Day weekend. Thus, even before the summer has officially begun, we have already seen tragic evidence of the dangers associated with boating.
We cannot tell from the news
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ALL TERRAIN VEHICLE (ATV) ACCIDENTS OFTEN RESULT IN SERIOUS INJURY OR DEATH

We recently filed a wrongful death lawsuit against the owners of an ATV who failed to supervise the use of their ATV. The owner’s minor daughter and our client, a seventeen year old girl, were riding the ATV at night. Our client, the passenger, was thrown from the ATV which resulted in her sustaining internal injuries which lead to her death.
With the growing popularity of ATV’s serious injury and death cases are on the increase, especially among children. Believe it or not, the ONLY
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Wrongful Death of a Child: Apportionment of Proceeds Between Divorced Parents

Anyone who has practiced law for any period of time in the area of Serious Injury Litigation unfortunately comes across cases where a child has been killed as a result of the negligent act of a third party and the cause of action resides in divorced or separated parents. These cases not only are tragic, they can be very sad and/or messy.
The law has long been in Georgia that where parents are divorced and their unmarried child dies as a result of a negligent
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From Injury to Recovery: Truck Accident Effects and Hiring a Lawyer

Truck accident injuries and recovery often involve far more than short-term medical treatment, as victims may face lasting physical, emotional, and financial consequences that affect every part of daily life. 

Unlike standard vehicle crashes, trucking accidents frequently result in catastrophic harm due to the size, weight, and force of commercial trucks, leaving victims and their families overwhelmed by long-term challenges.

Beyond the immediate shock of the collision, many victims struggle with ongoing medical care, emotional trauma, and
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How Brain Injuries Impact Your Life and How to Recover with Medical Malpractice 

Brain injuries and medical malpractice often go hand-in-hand, resulting in devastating consequences for the victim’s health, livelihood, and overall quality of life. 

These injuries can range from mild concussions to severe traumatic brain injuries (TBI), and the effects can be lifelong.

If a brain injury occurs due to medical negligence, victims not only face physical and emotional challenges but also the burden of managing the legal and financial consequences.

In this blog, we will explore
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Spinal Cord Injury Happen After a Truck Accident? Why Legal Guidance Is Important 

Spinal cord injury after a truck accident can be devastating, leading to permanent disability, chronic pain, and a significant impact on your quality of life. 

If you or a loved one has suffered a spinal cord injury from a truck accident, it’s crucial to understand your legal options. 

Seeking legal guidance from an experienced truck accident lawyer can help you navigate the complex legal process and pursue the compensation you deserve.

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Cataract Surgery Complications: Seek Help from Medical Malpractice Lawyer 

Cataract surgery is one of the most commonly performed procedures worldwide, offering a high success rate and improved vision for many patients.

However, like any surgery, cataract surgery can come with its own set of complications. When these complications occur due to errors or negligence by the surgical team, it can lead to a case of cataract surgery malpractice.

If you or a loved one has experienced complications following cataract surgery, seeking the help of a medical malpractice lawyer
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10 ways to Prove a Breach of Duty in a Medical Malpractice Lawsuit?

In a medical malpractice lawsuit, proving a breach of duty is a crucial element in establishing negligence. 

Without clear evidence that a healthcare provider failed to meet the expected standard of care, the case cannot succeed. 

This article outlines effective ways medical malpractice lawyers prove a breach of duty, helping victims of medical negligence seek justice.

The Standard of Care in Medical Malpractice Cases

The first step in proving a breach
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10 ways medical malpractice lawyer can win your case

When you or a loved one suffers due to the negligence of a healthcare provider, the journey to justice can seem overwhelming. 

That’s where a skilled medical malpractice lawyer steps in. Beyond handling the legal paperwork, your lawyer is an advocate who will fight tirelessly to hold negligent providers accountable. 

A lawyer for medical malpractice can help you navigate complex medical laws, build a case, and ultimately win the compensation you deserve. 

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Pediatric Medical Malpractice Claims in Duluth: What Parents Should Know

Pediatric medical malpractice claims in Duluth arise when healthcare providers fail to meet accepted standards of care while treating infants, children, or adolescents. 

Unlike adult malpractice cases, pediatric claims involve unique legal rules, long-term medical consequences, and emotional challenges for families.

Parents must understand how negligence is identified, what legal protections exist for children, and how Georgia law treats malpractice claims involving minors.

What Is Pediatric Medical Malpractice?

Pediatric medical malpractice occurs when
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Medical Malpractice Claims After Hair Restoration Surgery in Atlanta 

Hair transplant malpractice in Atlanta can occur when patients are harmed due to negligent medical care during hair restoration procedures that are often promoted as safe and routine. 

Many individuals pursue hair transplant surgery for cosmetic or confidence-related reasons, but these procedures still involve surgical risks that require proper training, sterile environments, and qualified medical oversight. 

When providers fail to meet accepted standards of care, patients may be left with permanent injuries, scarring, or disfigurement
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Time Limits for Injury and Wrongful Death Claims: What You Need to Know

Time limits for injury and wrongful death claims determine whether an injured person or surviving family members can legally pursue compensation after an accident, medical error, or fatal incident. 

These deadlines, known as statutes of limitations, are strictly enforced. 

Even when liability is clear, missing a filing deadline can permanently bar a claim. 

Understanding how these time limits work, when exceptions apply, and how negligence is evaluated is essential to protecting
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8 Warning Signs of Negligence in Drug Rehabilitation Facilities: What Families Should Look For

Negligence in drug rehabilitation facilities is a serious concern that can place vulnerable patients at risk during one of the most critical periods of their lives. 

Families trust rehab centers to provide safe environments, proper medical care, and structured support for individuals battling substance use disorders. 

When that trust is broken through neglect or substandard care, the consequences can be severe and sometimes fatal.

Drug rehabilitation patients often require medical supervision, mental health
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