Personal Injury & Wrongful Death

More Traps for the Unwary: Problems Under the Federal Tort Claims Act

We have previously written about procedural problems that clients may face when dealing with claims against governmental entities. Specifically, if an individual has a claim against a city or county government, there are certain pre-suit, ante litem requirements that must be observed before suit can be filed. We have written about this in earlier articles and would refer the reader to the same. We have also written these procedural problems under Georgia’s State Tort Claims Act. Here, we write briefly to discuss some unique issues
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BOATING ACCIDENTS ON THE RISE

Just this past year, our firm handled several boating accident cases which illustrate the dangerous nature of this recreational activity. In one case, a female skier was pulled into a small cove by the operator of the ski boat with such speed and force that she was pulled onto the shore and thrown into some trees with resulting and very serious personal injuries. In another case, a child being pulled on a tube was pulled in front of another boat and the child was killed.
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MUNICIPAL TORT LIABILITY IN GEORGIA

For years, cities enjoyed sovereign immunity under the law and could not be sued if negligent. This has been relaxed under recent statutory provisions with respect to city motor vehicles. For most motor vehicles operated by and on behalf of city employees, municipalities are now required to carry liability insurance in the amount of $250,000 because of bodily injury or death to any one person and $450,000 for any one occurrence. While this amount is woefully inadequate for true serious injury cases or cases involving
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ANTE LITEM REQUIREMENTS UNDER THE STATE TORT CLAIMS ACT

The State Tort Claims Act waives the state of Georgia’s immunity from suit in the courts of this state. See O.C.G.A. § 50-21-23. This is a limited waiver of sovereign immunity and the most that any single claimant can recover against the State is $1 million. See O.C.G.A. § 50-21-29. By the terms of the State Tort Claims Act, the limited waiver of immunity only applies to the State and its agencies and departments. O.C.G.A. § 50-21-22(5). The State Tort Claims Act expressly includes claims
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HIDDEN MINEFIELDS AND TRAPS FOR THE UNWARY

While most serious injury lawyers are aware of the ante litem provisions that exist under Georgia law, most lay persons are not. Thus, injured persons with valid claims against either city or county governments can through inaction sabotage such claims unwittingly just because of their ignorance of the arcane provisions found in the ante litem statutes of Georgia law. An ante litem notice simply means notice before litigation is commenced. With respect to cities, O.C.G.A. § 36-33-5 requires written notice to a Georgia municipality within six months of the event giving rise to the claim. This code section reads as follows:

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THE SUPREME COURT RULES AGAINST FLEEING SUSPECT IN POLICE CHASE CASE

In a case decided April 30, 2007, entitled Scott v. Harris, the United States Supreme Court held that a suspect fleeing from the police during a high speed police chase case has no Fourth Amendment right to be protected from the use of excessive force by the police against them. As we interpret this case, essentially, what this means is that a suspect assumes the risk of injury by the police during a police chase case.

In the Harris case, a 19 year old was fleeing from the police and the police employed a “pit maneuver” in order to knock the suspect’s car off the road. The pit maneuver is one in which the police hit the corner of the fleeing car with their car in order to force it off the road. In this case, when the suspect’s car left the road, it crashed rendering him a quadriplegic.

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MESOTHELIOMA CLAIMS FROM ASBESTOS EXPOSURE ARE STILL VIABLE

Asbestos products, which have been used primarily for insulation purposes, have long been known to be dangerous. Nonetheless, exposure to asbestos still presents a danger to anyone performing maintenance, repair or demolition work in any structure containing asbestos. Unfortunately, it has been well documented that the Asbestos industry was well aware of the fact that exposure to asbestos could cause cancer. Mesothelioma is a form of cancer specifically caused by exposure to asbestos. It is difficult to diagnose and hard to treat. It occurs typically
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Uninsured Motorist Stacking Bill – Important To Georgia Serious Injury Victims

Senate Bill 276, a very important bill for all Georgia citizens who may become involved in serious injury motor vehicle accidents, is awaiting action by the House Rules Committee at the State Capital. This bill would drastically improve uninsured motorist coverage in Georgia. Under current law, a consumer who is has uninsured motorist (UM) coverage can only access part of their total limit if they are hit by a driver with a small amount of liability insurance coverage. SB 276 would allow consumers to “stack”
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HIGH SPEED POLICE CHASE CASE SETTLES FOR $1 MILLION

After years of litigation, the City of Hampton paid $1 million to the family of Grashaunda Banks to settle a wrongful death claim brought as a result of a high speed police chase that resulted in a deadly collision. The crash occurred on Hwy. 19/41 near midnight on July 23, 2000, near the Atlanta Motor Speedway.

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PRESCRIPTION ERRORS ARE RISING

Negligent filing of prescriptions has been on the rise. In fact, because of a shortage of pharmacists and the steady increase in the use of prescription medications, the rate of death and injury from botched prescriptions is skyrocketing, officials say.
There are as many as 7,000 deaths annually in the United States from incorrect prescriptions, according to Carmen Catizone of the National Association of Boards of Pharmacy. He told The Washington Post that as many as 5 percent of the 3 billion prescriptions filled each
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Wrongful Death Claim Evidence Checklist for Families

The unexpected loss of a loved one is not only heartbreaking but also confusing from a legal standpoint.

When negligence, recklessness, or intentional misconduct is involved, families may be entitled to compensation through a Wrongful Death Claim.

But here’s the truth: no wrongful death lawsuit can succeed without solid evidence.

Courts and insurance companies will not simply take a family’s word for what happened.

They require proof that someone else’s actions caused the death, and that the surviving family members have suffered measurable losses.
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Wrongful Death Claim Myths and Facts Every Family Should Know

Losing a loved one unexpectedly is one of the most painful events a family can endure.

The emotional toll is compounded when the loss happens because of another person’s negligence, recklessness, or misconduct.

In such cases, families may be entitled to bring a wrongful death claim to seek justice.

But too often, misinformation gets in the way.

Friends, neighbors, or even social media posts may spread Wrongful Death Claim Myths that confuse grieving families and stop them from taking the right legal steps.

Some believe
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Lawsuit for Wrongful Death After Medical Malpractice

Losing a loved one is one of life’s most painful experiences.

When that loss is caused by medical negligence, the grief is compounded by anger and the need for accountability.

A lawsuit for wrongful death after medical malpractice is one of the most powerful tools available to families—it allows them to seek justice, uncover the truth, and recover financial compensation for the devastating losses they’ve endured.

This guide explains everything families need to know, from how these cases work to what types of damages are
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Wrongful Death Lawsuit: Claims, Cases & Legal Help

Losing a loved one is one of life’s greatest tragedies.

But when that loss is caused by another person’s negligence, recklessness, or intentional act, the pain can be even more overwhelming.

In these situations, families are often left not only grieving but also facing financial burdens, unanswered questions, and a strong need for justice.

This is where a wrongful death lawsuit comes into play.

A wrongful death lawsuit allows surviving family members to hold responsible parties accountable and seek compensation for the devastating consequences
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Can a Truck Accident Lawyer Help if the Insurance Company Denies My Claim?

Experiencing a truck accident is overwhelming—medical bills, vehicle repairs, and emotional distress often pile up quickly. Many victims assume their insurance company will cover damages, but unfortunately, that’s not always the case. Insurance companies often look for ways to deny or minimize claims, leaving victims feeling frustrated and helpless. This is where the best truck accident lawyer Atlanta can make all the difference.

Why Insurance Companies Deny Truck Accident Claims

Insurance providers are for-profit businesses, and their goal
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How to Check Reviews for Truck Accident Lawyers Near Me

When you or a loved one has been involved in a truck accident, one of the most important decisions you will make is choosing the right legal representation. Truck accidents are often more complex than standard car accidents due to federal regulations, multiple liable parties, and the severity of damages. This makes it essential to find truck accident lawyers who have the right experience, reputation, and proven track record. One of the most effective ways to determine whether an attorney is trustworthy is
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What Should I Bring When Meeting Malpractice Medical Lawyers for the First Time?

Meeting with a medical malpractice lawyer for the first time can feel overwhelming, especially if you or a loved one has suffered harm due to a medical error. Proper preparation for this initial consultation can make a significant difference in how smoothly the process goes and how effectively your case is evaluated. Whether you are meeting a medical malpractice attorney Atlanta or elsewhere, bringing the right documents and information will allow the attorney to fully assess your situation and provide the
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What Questions Should I Ask a Medical Malpractice Lawyer Near Me?

When you or a loved one suffers harm due to a medical professional’s negligence, the decision to pursue a claim is never easy. Medical malpractice cases are complex, emotionally draining, and legally challenging. That’s why hiring the right medical malpractice lawyer is one of the most important steps you can take. A skilled attorney can help you understand your rights, evaluate your case, and fight for the compensation you deserve.

But before hiring an attorney, it’s essential to ask
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What Makes Atlanta Medical Malpractice Attorneys Different from Other Personal Injury Lawyers?

When someone suffers harm due to a healthcare professional’s mistake, the legal path to justice is far from straightforward. While many personal injury lawyers handle cases like car accidents or slip-and-falls, medical malpractice cases are much more complex. That’s where medical malpractice attorneys come in. These specialized professionals have the training, experience, and resources needed to take on hospitals, doctors, and insurance companies in order to protect patients’ rights.

If you’re in Atlanta and searching for legal help after
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What a Medical Malpractice Attorney Does & How They Protect Your Rights

When patients seek medical care, they trust doctors, nurses, and hospitals to provide treatment that improves their health. Unfortunately, mistakes can and do happen, often with devastating consequences. Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, leading to harm or injury to a patient. This is where a Medical Malpractice Attorney plays a crucial role. These legal professionals specialize in holding negligent providers accountable and ensuring victims receive the compensation they deserve.

In this
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