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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Weather-Related Truck Accidents and Injury Severity: How a Truck Accident Attorney Can Help

Weather-related truck accidents pose a serious threat to motorists because adverse conditions magnify the inherent dangers of large commercial vehicles. 

Rain, fog, snow, ice, and high winds reduce visibility, limit traction, and increase stopping distances, all while tractor-trailers continue to operate under tight delivery schedules. 

When a crash occurs under these conditions, the resulting injuries are often far more severe than those seen in standard vehicle accidents.

While weather may be a contributing
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Was Your Breast Reduction Surgery Negligent? Breast Reduction Malpractice in Atlanta Explained

Breast reduction malpractice in Atlanta cases arise when a procedure meant to improve comfort, health, or quality of life instead leaves a patient with avoidable complications, permanent damage, or emotional distress due to medical negligence. 

While breast reduction surgery is widely performed and often successful, errors during planning, surgery, or post-operative care can result in serious harm. 

Understanding when a poor outcome crosses the line into malpractice is essential for protecting your legal rights.

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Do I Need a Truck Accident Lawyer for Spine or Brain Injuries?

Truck accidents are some of the most devastating collisions on the road.

The massive size and weight of commercial trucks compared to passenger vehicles often result in catastrophic injuries when crashes occur.

Among the most serious are spine and brain injuries, both of which can lead to long-term disabilities, permanent loss of mobility, and an overwhelming financial burden.

For victims and their families, navigating the legal process after such a life-changing accident can feel impossible without the right professional guidance.

If you or a loved
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What Makes Truck Accident Lawsuits Different from Car Accident Claims?

When someone is involved in a motor vehicle accident, whether it involves a car or a large commercial truck, the aftermath can be overwhelming.

However, truck accident lawsuits are fundamentally different from car accident claims in many ways.

These differences stem from the size and nature of trucks, the laws regulating them, and the unique challenges victims face when pursuing compensation.

Understanding these distinctions is crucial for anyone navigating the legal aftermath of a truck crash.

1. Severity of Injuries and Damage

One of the
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How Do Truck Accident Lawyers Deal with Semi-Truck and 18-Wheeler Crashes?

Accidents involving semi-trucks and 18-wheelers can be catastrophic, often resulting in severe injuries, extensive property damage, and tragic fatalities.

Unlike typical car accidents, crashes with large commercial vehicles bring unique challenges due to their size, the complexity of trucking regulations, and the multiple parties often involved.

This is where truck accident lawyers step in to provide essential legal guidance and support for victims and their families.

If you or a loved one has been affected
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2026 Guide: Who can file a wrongful death lawsuit in Atlanta, Georgia

Who can file a wrongful death lawsuit in Atlanta, Georgia is a question many families ask after a sudden, devastating loss caused by negligence, misconduct, or unsafe conditions. 

In moments of grief, families are often overwhelmed not only by emotional pain but also by uncertainty about their legal rights, timelines, and eligibility under Georgia law.

Wrongful death claims in Atlanta are governed by strict statutes that determine who may file a lawsuit, how compensation is distributed, and
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Medical Malpractice and Surgical Errors: What Patients Should Know Before Hiring a Lawyer

Surgical malpractice lawyer guidance is essential when a preventable surgical error causes serious harm.

Surgery places patients in a vulnerable position, relying entirely on the training, judgment, and care of medical professionals. While some complications are known risks, others stem from mistakes that should never happen. When surgical errors occur due to negligence, patients may have legal rights under medical malpractice law.

Understanding how surgical errors fit into medical malpractice claims and what to
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10 Signs You Should Hire a Truck Accident Lawyer After Being Hit by a Truck

Truck accident lawyer guidance is critical when a collision involves a commercial truck because these cases are fundamentally different from standard car accidents. 

The sheer size and weight of trucks increase the likelihood of catastrophic injuries, while the legal aftermath often involves powerful trucking companies, complex regulations, and aggressive insurance tactics.

After being hit by a truck, victims are often overwhelmed by medical treatment, lost income, and uncertainty about what to do next. 

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30 Questions You Should Ask Before Signing a Wrongful Death Agreement

A wrongful death agreement is often presented during one of the most emotionally overwhelming moments a family can face.

After the loss of a loved one, insurance companies or defense attorneys may offer a settlement that promises closure, financial support, and relief from a prolonged legal process.

But once signed, a wrongful death agreement is typically final and binding.

Many families assume a settlement offer automatically reflects fairness, legal compliance, or full compensation.

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Was Your Cancer Misdiagnosed? Understanding Malpractice Risk and Legal Options

Cancer misdiagnosis medical malpractice is one of the most serious and life-altering forms of medical negligence.

When cancer is missed, delayed, or incorrectly diagnosed, patients often lose access to early treatment options that could significantly improve survival. 

The harm caused by a diagnostic failure is rarely temporary—it can permanently alter a person’s health, finances, and quality of life.

Despite advancements in diagnostic imaging, oncology care, and standardized screening protocols, medical malpractice for cancer misdiagnosis continues
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