Personal Injury & Wrongful Death

Settlement Releases In Personal Injury Cases

Anytime a serious injury case is settled for a particular amount of money, the insurance company for the at fault third party involved will insist on a Release of all claims, not only against their insured responsible for the damages but also for the insurance company issuing the check on their behalf. This is standard as part of any serious injury or personal injury case whereby monies are paid as consideration for a settlement. In all such cases, counsel should be conferred with because the
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Dangerous Toys On Shelves At Christmas

Dangerous hazards are still finding their way into toys despite recently improved safety standards, according to a report recently issued by the American Association for Justice.

According to the report, for years, corporations have knowingly shipped toys with hidden dangers like small parts, loose magnets, asbestos, and other toxic chemicals until outrage from parents and civil lawsuits forced regulators or manufacturers to act.

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Claims Against Georgia Counties: Waivers of Sovereign Immunity

There are limited waivers of sovereign immunity when it comes victims of the negligence of a county employee. Unless a county’s sovereign immunity has been waived by statute, there is no legal claim that can be filed. An example of a waiver of a county’s sovereign immunity is the waiver of sovereign immunity by law where a county employee is operating a county vehicle. There is a specific Georgia statute which provides for the waiver of sovereign immunity with respect to such claims. See O.C.G.A.
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Suing Uncle Sam: The Federal Torts Claim Act

The Federal Torts Claim Act is found at 28 U.S.C. § 1346. It provides for a limited waiver of sovereign immunity with respect to tortious acts committed by federal agents and employees. Under its provisions, only the United States of America may be named as a defendant, not the agency or employee who committed the tort. An administrative ante-litem notice must be filed within two (2) years after the claim accrues. There is a waiting period before suit can be filed against the United States which is either when the written denial occurs or six (6) months, whichever is earlier.

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Senate Passes Bill To Help Prevent Food Borne Illnesses

Today, the United States approved the biggest overhaul to the nation’s food safety laws since the 1930s. By a bipartisan vote of 73-to-25 the new law would gives new authorities to the Food and Drug Administration, places new responsibilities on farmers and food companies to prevent contamination, and for the first time, sets safety standards for imported foods.
The Senate vote was one of the few pieces of legislation to receive bipartisan approval in years. The House of Representatives approved a more stringent version of
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Suing State Government In Georgia: Exceptions to Sovereign Immunity

There is a State Tort Claims Act found at O.C.G.A. § 50-21-20, et. seq. The Act resulted from an amendment to the Georgia Constitution and became law in April of 1992. It was intended to provide a remedy for torts committed by State officers and employees and establishes a procedure to waive sovereign immunity under certain circumstances to allow suits against the State for tortious acts of state agents, employees and/or officers. Individual State officers and/or employees may not be named as a party to a lawsuit. Under the State Tort Claims Act, the exclusive remedy for a tort committed by a State employee is an action against the state agency involved and not against the employee personally.

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Nursing Homes Hide Behind Confusing Ownership

Our Atlanta based attorneys frequently pursue cases against nursing homes involving horrible neglect and abuse of elderly and disabled persons.
In most of these cases our attorneys must sort through a maze of companies and entities designed to hide the true ownership of these offending entities and thereby avoid responsibility.
It is encouraging to see that several national lawmakers in the health policy world now want want nursing homes to be more open about who’s running them.
Sens. Max Baucus (D-Mont.), Chuck Grassley (R-Iowa)
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Toy Safety Report Released

The U.S. Public Interest Research Group, a private consumer advocacy group, recently released its 25th annual study of toy safety. It reported that only a small fraction of children’s toys tested for toxic substances and choking risks have been found to violate federal safety regulations.

The group’s public health advocate commented that while the study did not find perfection in toy safety, it did indicate progress.

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Medical Errors Kill 15,000 Medicare Patients Each Month, According to Inspector General

A disturbing Inspector General report from the shows that medical errors are harming and killing our senior citizens at alarming rates.

An estimated 15,000 Medicare patients die each month, and many more are injured, because of usually preventable medical mistakes in hospitals and other facilities.

The report focused on “adverse events,” defined as “harm to a patient as a result of medical care, such as infection associated with use of a catheter,” and “never events,” which are specific “serious events, such as surgery on the wrong patient, that the National Quality Forum (NQF) deemed ‘should never occur in a health care setting.’”

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Suing The Government: Exceptions to Sovereign Immunity

Today we received a telephone call from a client who had been injured on some school property. The client was vaguely aware of the doctrine of sovereign immunity and unfortunately for this particular person their claim was completely barred by operation of law. Why: because of the doctrine of Sovereign Immunity?
The law has long been that lawsuits against government official performing their discretionary and official job functions are discouraged. If it were not otherwise there would be litigation every time someone disagreed with what
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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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