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 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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