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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What Is the Difference Between Economic and Non-Economic Damages in Wrongful Death?

Surviving relatives may have the right to file a wrongful death claim when a loved one dies as a result of negligence, recklessness, or deliberate misconduct. 

These lawsuits provide a way to hold the responsible party accountable and secure financial compensation for the losses endured by the family. 

However, wrongful death compensation is not one-size-fits-all. 

It is divided into two primary categories: economic damages and non-economic damages. 

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How Does Wrongful Death Law Apply to Truck Accidents?

Truck accidents are among the most catastrophic events on the road due to the sheer size and weight of commercial vehicles. 

When these collisions result in fatalities, families are often left facing emotional devastation and overwhelming financial burdens. 

In such situations, wrongful death lawyer provides a legal pathway for surviving family members to seek justice and compensation. 

Understanding how wrongful death claims work in the context
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Can a Wrongful Death Lawyer in Georgia Take a Case on Contingency?

Families affected by the death of a loved one due to careless or intentional behavior often turn to the legal system for justice. 

In Georgia, wrongful death claims allow surviving family members to hold responsible parties accountable while seeking financial compensation. 

However, many families hesitate to file a wrongful death case because of the costs associated with legal representation. 

This raises an important question: Can a wrongful death lawyer(more…)

What Are the First Steps in Filing a Wrongful Death Lawsuit?

When a family member passes away because of someone else’s negligence or wrongful actions, the loss is not only emotional but often financial as well. 

Medical bills, funeral expenses, and the sudden absence of income can leave families struggling to find stability. 

Beyond the financial burden, there is also a deep desire for justice—to hold the responsible parties accountable for their actions.

Filing a wrongful death lawsuit can
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How Do I Know If I Need a Medical Malpractice Lawyer in Duluth?

Medical negligence is one of the most distressing experiences a patient or family can face.

When a trusted healthcare provider fails to meet the standard of care, it can lead to devastating and long-lasting consequences.

If you believe you or your loved one has suffered harm due to a medical error, you may be asking yourself whether you need a Medical Malpractice Lawyer.

In Duluth, understanding when to seek
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How Can a Misdiagnosis Attorney in Duluth Help After a Wrong Diagnosis?

A wrong medical diagnosis can be devastating, affecting not only the patient’s health but also their trust in the healthcare system. 

Whether it involves a delayed diagnosis, a mistaken condition, or an overlooked symptom, the consequences can be severe. 

Misdiagnosis can lead to inappropriate treatments, worsening of the condition, or even life-threatening outcomes. 

For patients and families facing such circumstances, a Medical Malpractice Lawyer in Duluth can be
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How Can a Medical Malpractice Lawyer in Duluth Prove Doctor Negligence?

Medical malpractice occurs when a healthcare professional fails to provide care that meets the accepted standard, resulting in harm or injury to a patient. 

While patients trust doctors to deliver competent and safe care, mistakes do happen. 

When these mistakes cause significant injury, patients often need the guidance of a Medical Malpractice Lawyer to seek justice and compensation. 

In Duluth, Georgia, proving doctor negligence requires careful investigation, expert
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Why Hire a Wrongful Death Lawyer in Duluth Instead of Handling It Alone?

Few experiences in life are as heartbreaking as losing someone you love.

When that loss happens due to someone else’s negligence—whether in a car accident, workplace incident, or medical malpractice—it becomes even more devastating. 

Families left behind often face overwhelming emotional pain, financial burdens, and legal complexities. 

During such a time, many wonder: Should we handle this on our own or hire a wrongful death lawyer in Duluth?
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What Does a Duluth Tanker Truck Accident Attorney Do?

Accidents involving tanker trucks can be some of the most devastating crashes on Georgia’s roads. 

Unlike standard vehicles, tanker trucks often transport hazardous materials such as fuel, chemicals, or industrial liquids. 

When these vehicles are involved in a collision, the consequences can be catastrophic — from massive explosions and toxic spills to multi-vehicle pileups. 

Victims of such accidents face serious injuries, mounting medical bills, and emotional trauma. 

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How to Find the Best 18-Wheeler Accident Lawyer in Duluth?

Accidents involving 18-wheelers can cause devastating consequences due to the size and weight of these massive commercial trucks. 

Victims often face severe injuries, significant medical bills, lost wages, and long-term physical or emotional suffering. 

In such cases, having the right 18-wheeler accident lawyer in Duluth can make all the difference in securing fair compensation and justice. 

But with so many law firms to choose from, how do you
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