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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How to File a Medical Malpractice Lawsuit in Atlanta

Medical errors can have devastating consequences. If you or a loved one has suffered due to the negligence of a healthcare provider in Atlanta, you may be entitled to compensation through a medical malpractice lawsuit.

The legal process is complex and time-sensitive, which is why consulting a qualified medical malpractice lawyer is crucial from the outset.

This guide will walk you through each step of filing a medical malpractice lawsuit in Atlanta, from understanding
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Medical Malpractice vs. Medical Maladvice: Is There a Legal Difference?

When it comes to seeking justice for harm caused by a healthcare provider, understanding the distinction between medical malpractice and medical maladvice is crucial.

Though the terms may sound similar, the legal implications differ significantly. Patients and their families often find themselves navigating complex legal waters when an adverse medical event occurs.

That’s where a Medical Malpractice Lawyer becomes essential, as they can help differentiate between these concepts and determine the appropriate course of
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What Is a Breach of Duty in a Medical Malpractice Case?

In a medical malpractice case, a “breach of duty” is one of the core legal elements that must be established for a successful claim.

It refers to a healthcare provider’s failure to meet the standard of care expected in the medical community, leading to harm or injury to the patient.

Understanding breach of duty is crucial when working with a Medical Malpractice Lawyer, as it is one of the foundational pillars of proving negligence
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How a Medical Malpractice Lawyer Proves Negligence in Court

When a patient suffers harm due to the actions—or inaction—of a medical professional, the consequences can be devastating.

These injuries not only impact a person’s physical health but can also result in emotional trauma and financial ruin. In such instances, a Medical Malpractice Lawyer plays a vital role in holding negligent healthcare providers accountable and helping victims obtain the justice they deserve.

In the courtroom, proving negligence is the cornerstone of a successful malpractice
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Why You Need a Medical Malpractice Lawyer—Not Just a Personal Injury Lawyer

When you or a loved one suffers harm at the hands of a medical professional, the emotional and physical consequences can be devastating.

The complexity of the legal landscape in such cases often adds to the distress. While many might think a personal injury lawyer can handle the situation, there’s a significant difference between general personal injury claims and those involving medical negligence.

This is why hiring a Medical Malpractice Lawyer is crucial for
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What Is the Statute of Limitations for Truck Accidents in Atlanta?

Atlanta’s highways are bustling with heavy commercial traffic. Tractor-trailers, freight haulers, and delivery trucks fill the roads daily.

While these trucks are crucial to Georgia’s economy, their sheer size and weight make accidents involving them far more dangerous than typical car crashes.

Victims of truck accidents often face catastrophic injuries, long-term rehabilitation, and overwhelming financial burdens.

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What Happens If a Truck Accident Involves a Hazardous Material Spill?

Truck accidents are always serious, but when they involve hazardous materials, the stakes become significantly higher.

A single collision can quickly escalate into a large-scale emergency, endangering public health, damaging the environment, and leading to severe legal consequences.

Understanding the implications of such accidents is crucial, especially if you or someone you know has been affected.

In this article, we’ll break down what happens in these scenarios and explain how a
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can play a vital role in helping victims secure justice and compensation.

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Truck Accident Lawyer for Spine and Brain Injury Cases

Large trucks like 18-wheelers and semi-trailers dominate highways across Georgia. 

But when accidents occur, especially at high speeds, the results can be devastating—particularly for the brain and spinal cord. 

Unlike fender-benders, truck wrecks often lead to long-term disability, emotional trauma, and financial ruin.

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How to Get Medical Help After a Truck Accident with No Insurance

Getting into a truck accident is scary. But getting hurt and realizing you don’t have health insurance? 

That’s terrifying. You may be in pain, unable to work, and unsure of what to do next. 

The good news? 

Even without health insurance, you still have options. 

Whether you were hit by a semi truck, involved in a delivery truck crash, or suffered serious injuries in a
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What Makes Truck Accident Lawsuits Different from Car Accidents

Car crashes are unfortunate, but when a truck is involved, the consequences often escalate in scale—physically, medically, and legally. 

While both incidents may fall under personal injury law, truck accident lawsuits differ significantly from car accidents in how they’re handled, investigated, and litigated. 

Understanding these differences is essential if you or a loved one has been affected by a large commercial vehicle crash.

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