Personal Injury & Wrongful Death

Sovereign Immunity Precludes Many Valid Lawsuits

Many state, county, and local governments are protected from lawsuits even though their employees may have been extremely negligent in causing severe injuries to innocent citizens. In most instances, the doctrine of sovereign immunity precludes a lawsuit against these entities, unless the governing body, such as the legislature, has waived the protection of sovereign immunity. Even when there has been a waiver, it is generally restricted to a maximun amount of recovery.
For example, in a ruling involving last summers deadly Comair plane crash at
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Katrina Victims Lose To The Insurance Industry

The Fifth Circuit Court of Appeals in New Orleans ruled Aug. 2, 2007, in In re Katrina Canal Breaches Litigation, No. 07-30119, that property owners in New Orleans whose buildings were flooded as a result of levee breaches in the aftermath of Hurricane Katrina cannot recover losses from their insurance companies because of the flood exclusions in their insurance policies. Thousands of policyholders of various insurance companies will be affected by the ruling and it is estimated that the policyholders may have to absorb losses
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Visibility Factors in Nightime Truck Accidents

The lack of visibility of large trucks on the road after dark is a major factor in many accidents which our lawyers have investigated. The scientific term used to describe this area of study is “conspicuity.” Conspicuity refers to the factors of (1) perceiving that something is on the dark road ahead, (2) identifying the object as a large truck, (3) appreciating the truck’s position and slower speed as a danger, and (4) stimulating you to take evasive maneuvers to avoid the imminent collision.
Many
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Pedestrian Injury and Death in Atlanta, Georgia

Atlanta has previously been identified as one of the most dangerous large metropolitan area in the country for pedestrians. Although statistics are not always accessible, in the calendar year 2001, for example, 64 pedestrians were reported killed in Atlanta. Throughout the State of Georgia, more than two-thirds (2/3) of pedestrian fatalities occurred on neighborhood streets, which helps explain why pedestrian injury is the second leading cause of death for children age 5 to 9. Another problem, particularly prevalent in Atlanta, are unsafe sidewalks. While the
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Mandatory Arbitration Clauses Deprive Consumers of Basic Rights

Get a credit card, buy a car, or sign up for a cellphone plan, and chances are, if you’re unhappy with your transaction, you won’t be telling your story to a judge. Many consumer contracts include unfair mandatory arbitration clauses that force individuals to go through arbitration, instead of civil court, if a dispute arises. Mandatory arbitration clauses tend to give companies, not the public, protection because the arbitration process can be costly and the time to make a case is limited.
Consumer lawyers contend
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MEDICAL MALPRACTICE IN GEORGIA

In 2005, the Georgia General Assembly enacted the so-called “Tort Reform” Act which greatly affected medical negligence claims in the State of Georgia. The stated intent was to lower insurance rates for physicians and healthcare providers. However, while severely restricting the rights of individual citizens to seek redress in the Courts, and increasing the burdens on plaintiff’s lawyers, the insurance rates of healthcare providers have not decreased.
While the requirements of bringing a medical malpractice case and the standards for obtaining experts have been greatly
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Reduction in Value: A Misnomer in the Wrongful Death Context

Recognizing the time value of money, Georgia law requires that an award of damages representing a present compensation for any future pecuniary loss be reduced to its “present value.” In some ways this is common sense. If, as the result of a wrongful death, wages for the next 20 years have been lost, it is reasonable that such economic damages be reduced to present cash value in order for a present day award to be fair to both sides. A verdict is being returned today,
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An Estate’s Claim in a Georgia Wrongful Death Case

Georgia law is unique in the context of a wrongful death action in that it divides a wrongful death claim into two parts. The first part, which we have previously blogged about, involves the rights of the survivors of the deceased to seek compensation for “the full value” of the life of the decedent. The second part of such a claim involves claims that the personal representative of the deceased may bring separately. This includes claims for funeral bills, medical bills which were incurred prior
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Proving Non-Economic Damages in a Wrongful Death Case

In a Georgia wrongful death case, it is important that the plaintiff establish all economic and non-economic damages caused by the wrongful death. Economic damages obviously include an analysis of how much income and wage was lost by the untimely demise of the decedent. Proving non-economic damages, however, does not involve an economic analysis but instead involves a presentation of the intangible components of the decedent’s life. In Georgia, in particular, it is important that a wrongful death claimant establish this aspect of “the full
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Suing Drunk Drivers for Punitive Damages

In Georgia, juries are not reluctant to impose punitive damages against drunk drivers. It is common knowledge that drunk driving is a grave danger to the motoring public. Anyone who gets behind the wheel after having consumed intoxicating drugs or beverages obviously poses a risk of danger to the public. In Georgia, many years ago, the Georgia Legislature limited the imposition of punitive damages in tort cases to $250,000.00. This limitation in punitive damage awards was part of a “tort reform” effort of the business
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How Federal Trucking Regulations Impact Your Injury Case

Introduction

When you’re hurt in a truck accident, the road to justice can be overwhelming.

But did you know that federal trucking regulations could play a major role in your injury claim? These rules were designed to keep everyone safe on the road—and when they’re broken, it can mean serious consequences for the trucking companies involved.

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Medical Malpractice Lawyers: What They Do and When You Need One

Have you ever visited a doctor and felt worse after getting treated? Most of the time, doctors help us feel better.

But sometimes, they make mistakes that can hurt people. This is called medical malpractice.

Medical malpractice happens when a doctor, nurse, or hospital does something wrong or forgets to do something they should have done, and that causes harm to a patient.

It could be giving the wrong medicine, making a mistake
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Everything You Should Know About Hiring a Truck Accident Attorney

Accidents involving trucks can be very serious. These large vehicles can cause major damage to cars, roads, and even people.

If you or someone you love has been hurt in a truck accident, it’s important to get help. One of the best ways to do that is by hiring a truck accident attorney.

In this article, we will explain what a truck accident attorney does, why they are important, and how to find the
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Failure to Diagnose Cancer: How a Medical Malpractice Lawyer Can Help You Seek Justice

When someone goes to the doctor, they trust that the doctor will help them feel better.

But sometimes, a doctor may miss a serious illness like cancer. This is called a failure to diagnose.

When that happens, it can be scary and even dangerous.

In this article, we’ll explain what failure to diagnose cancer means, what can happen because of it, and what legal rights a person has if it happens to them.

What Does “Failure to Diagnose Cancer” Mean?

Doctors are trained to look
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The Role of Expert Witnesses in Truck Accident Cases

In the complex and high-stakes world of truck accident cases, legal outcomes often depend on more than eyewitness testimony or police reports.

To build a compelling case and establish liability, attorneys frequently rely on expert witnesses—professionals with specialized knowledge who can analyze evidence, offer insights, and testify in court.

These experts play a pivotal role in both negotiations and trials, influencing the direction and value of a claim.

This article explores how expert witnesses contribute to truck accident cases, why their
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Common Insurance Tricks After a Truck Crash and How a Truck Accident Lawyer Can Help You

Truck accidents are terrifying experiences. The sheer size and weight of commercial trucks make these crashes far more dangerous than regular car accidents.

Victims often suffer serious injuries, vehicle destruction, and emotional trauma.

You might assume that the insurance company will be there to support you after such a harrowing event, but unfortunately, that’s not always the case.

Insurance companies are businesses that prioritize profits.

Often, they use sneaky tactics to reduce
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Organ Transplant Mistakes and Malpractice Liability

Organ transplantation is a life-saving procedure that has become increasingly common in modern medicine. However, due to its complexity, the potential for critical errors is high.

When organ transplant mistakes occur, the consequences can be devastating, often leading to life-threatening complications or even death.

In such cases, patients and their families may seek legal recourse by filing Medical Negligence Lawsuits.

Navigating these complex legal matters often requires the guidance of an experienced
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.

Understanding Organ Transplant Mistakes

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Dental Malpractice: When Routine Procedures Go Wrong

Routine dental visits are generally uneventful and aimed at preserving oral health.

However, there are unfortunate instances when these standard procedures take a wrong turn, leading to severe pain, injury, or even permanent damage.

Dental malpractice, a lesser-known subset of medical malpractice, occurs when a dental professional fails to provide the accepted standard of care, resulting in harm to the patient.

When such negligence occurs, victims may have legal recourse through a
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.

What Is Dental Malpractice?

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Medical Malpractice in Cosmetic Surgery: What You Should Know

Cosmetic surgery is a type of medical treatment that helps change how someone looks.

People may choose cosmetic surgery to fix a part of their body they don’t like or to feel better about themselves.

Some common types of cosmetic surgeries are:

  • Nose reshaping (rhinoplasty)
  • Face-lifts
  • Breast enhancement
  • Liposuction (removing fat)

Eyelid surgery

While most surgeries are safe, sometimes things can go wrong.

If something goes wrong because the doctor made a
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Foreign Objects Left After Surgery: How a Medical Malpractice Lawyer Can Help You

Surgery helps save lives and treat health problems, but sometimes mistakes happen.

One grave mistake is when doctors or nurses accidentally leave something inside a patient’s body after surgery.

This is called a “retained surgical item” (RSI) or a foreign object left behind.

It could be a sponge, a small tool, or even a piece of gauze.

Let’s learn more about why this happens, how often it occurs, and what doctors do to prevent it.

What Is a Foreign Object Left in the Body?

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