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 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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