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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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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