Personal Injury & Wrongful Death

Loss Of Chance of Survival Recoveries

The Massachusetts Supreme Judicial Court affirmed a $328,135 jury award to a widow and her son based on her husband’s lost chance of recovery resulting from a doctor’s negligence in not treating his stomach cancer. This ruling based upon the theory of “loss of chance” damages is being applauded by plaintiffs’lawyers.
The court held that the family could recover even though the victim had less than a 50-percent chance of survival when he first sought treatment. The “loss of chance” doctrine eases the burden for
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Allstate Named Worst Insurance Company

To identify the worst insurance companies for consumers, researchers at the American Association for Justice (AAJ) conducted a comprehensive investigation of thousands of
court documents, SEC and FBI records, state insurance department investigations and complaints, news accounts from across the country, and the testimony and depositions
of former insurance agents and adjusters. The AAJ final list includes companies across a range of different insurance fields, including homeowners and auto insurers, health insurers, life insurers, and disability insurers.
Allstate stood out as the worst insurance company
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Defective Knee & Hip Joints – A Need For a National Joint Registry

As Atlanta injury lawyers, we see many accident victims undergo knee and hip replacement surgery every year. Many of these victims are injured as a result of automobile and truck accidents and many result from work related injuries. The fact is nearly one million hips and knees were replaced last year in the United States alone. This represents approximately one-half (½) of the world’s total, making the U.S. the largest provider and user of implants.
Although the Food and Drug Administration is charged with monitoring
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Medicare Attempts To Prevent Hospital Injuries

We have previously written about the federal government’s new policy restricting Medicare payments to hospitals for the extra care required to treat patients harmed by certain preventable infections and medical errors. Now the federal government is expanding the program in an attempt to to provide hospitals with a financial incentive to improve patient care.
Under the expanded policy, Medicare will not make payments to hospitals for care needed after patients suffer from certain surgical site infections (specifically for total knee replacement, laparascopic gastric bypass and
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Georgia Should Ban Cell Phone Use While Driving

On July 1 of this year the state of California provided a great example for the state of Georgia in prohibiting by law drivers in California from holding a phone and talking while driving. Under the new law, a driver is prohibited from talking on a hand held cell phone while driving. Blue tooth handless cell use is permitted. There is also an exception for emergencies under this new law, however, obviously, the law is intended to promote safety awareness by drivers who are oftentimes
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Deaths Linked to Contaminated Heparin

According to an Article in The Chicago Tribune, the Food and Drug Administration conclusively has linked 3 patient deaths to a foreign substance found in specific lots of Heparin, a drug manufactured by Baxter International. According to the news report, the FDA completed its review of 93 reports of deaths related to Heparin that were received from January through the end of March, a period when there was a huge spike in the potentially deadly allergic reactions from patients who had been injected with this
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Allstate Bad Faith

Allstate Insurance Company is known by plaintiff’s attorneys for engaging in bad faith tactics. Last week, the Missouri Court of Appeals upheld a jury verdict that hit Allstate with more than $16 million in damages for bad faith tactics.
On March 24, 2000, Wayne Davis Jr., while drunk, drove his truck across the center line of a roadway and hit a compact car head-on. The force of the collision pushed the car back more than 100 feet. The driver and the passenger survived but suffered
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Dangerous Tires Threaten The Public

According to the National Highway Traffic and Safety Administration, last summer, more than 380,000 defective tires were recalled from the market. What is more troubling than this number is the fact that experts agree that less than 20% of the public was aware of the recalls involved. Accordingly, 80% of the defective tires are still being used and are probably on the roads today. In short, recall notices are rarely received and thus the entire public remains at risk as a result of the continued
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The Wreckage Of A Wrongful Death Case: More Than Meets The Eye

On April 30 of this year on a busy interstate here in Atlanta, a Ms. Katherine Armstrong was killed when involved in a collision with an armored truck on a busy interstate highway in Atlanta. The driver of the truck was later charged with vehicular homicide. Ms. Armstrong was cleared of any wrongdoing. Based on what we have learned about this tragic incident, however, the emotional, psychological, physical and monetary damage caused by this wrongful death incident does not stop with the death itself but
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Accident Data To Be Released To The Public

In a major victory for consumers, the U.S. Court of Appeals for the District of Columbia ruled last week that information that automobile and tire manufacturers submit to the government about crashes resulting in death, injury and property damage is subject to release to the public under the Freedom of Information Act (FOIA).
The case was brought by the public interest consumer group Public Citizen. In its ruling the Court rejected the argument of the Rubber Manufacturers Association that it is exempt from FOIA’s disclosure
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How Medical Malpractice Lawyers Help Victims of Prescription Errors

Medicine is meant to heal and improve lives, but when mistakes occur, especially with prescriptions, the consequences can be severe.

Every year, an estimated 7,000 to 9,000 people in the United States die due to medication-related errors, making these mistakes the third leading cause of death after heart disease and cancer.

Many more suffer from unreported complications, particularly those with chronic illnesses who are at greater risk. 

These prescription errors often result from
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How to Maximize Compensation After a Serious Truck Crash

A serious truck crash can be a life-altering event, often leading to significant injuries, emotional trauma, and financial burdens.

Navigating the aftermath of such an incident can be overwhelming, especially when facing off against powerful trucking companies and their insurers.

If you or a loved one has been involved in a major truck accident, understanding how to maximize your compensation is essential to securing the financial recovery you deserve.

One of the most critical
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How to Prove a Medical Injury in a Complex Malpractice Case

Proving a medical injury in a complex malpractice case is a challenging but crucial process for patients seeking justice.

When a trusted healthcare provider makes a mistake, the consequences can be devastating—physically, emotionally, and financially.

That’s where an experienced Medical Malpractice Lawyer becomes essential.

These professionals are skilled in uncovering negligence, building solid cases, and helping victims secure the compensation they deserve.

Understanding the Basics of Medical Malpractice

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Time Limits for Filing a Wrongful Death Suit in Georgia

Losing a loved one due to someone else’s negligence or intentional act is a devastating experience.

While no legal action can undo the tragedy, Georgia law allows surviving family members to pursue wrongful death claims to seek justice and compensation.

However, one critical aspect to be aware of is the time limit, also known as the statute of limitations, for filing a wrongful death suit.

Missing this deadline can result in the permanent loss
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Can You Sue the Government for a Wrongful Death?

Losing a loved one due to someone else’s negligence is devastating.

When the responsible party is a government agency or employee, the situation becomes even more complicated.

Many people wonder: Can you sue the government for a wrongful death? The answer is yes, but with specific procedures and limitations.

This is where experienced Wrongful Death Lawyers become essential in navigating the legal complexities.

Understanding Wrongful
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Understanding Workplace Fatalities and Wrongful Death Claims

Workplace environments, regardless of industry, carry inherent risks.

From construction sites and factories to office buildings and warehouses, employees face varying degrees of occupational hazards.

Unfortunately, workplace accidents sometimes lead to tragic fatalities, leaving families grieving and searching for answers.

In such devastating situations, Wrongful Death Lawyers play a vital role in helping families seek justice and fair compensation through legal avenues.

What is a Workplace Fatality?

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Top Reasons Wrongful Death Cases Fail (and How to Avoid Them)

Losing a loved one is devastating—especially when the death results from someone else’s negligence or intentional actions.

Families left behind often seek justice through Wrongful Death Claims, hoping to find closure and financial stability.

However, many of these cases never succeed in court or reach a settlement due to avoidable pitfalls.

Understanding the common reasons these cases fail—and how Wrongful Death Lawyers can help prevent them—is crucial for those
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The Difference Between Civil and Criminal Wrongful Death Cases

Losing a loved one is always devastating, but when that loss is due to someone else’s negligence or intentional act, the grief can be compounded by a desire for justice.

In the legal world, such cases often fall under the category of wrongful death.

However, not all wrongful death cases are treated the same.

They typically fall into two distinct legal categories: civil and criminal.

Understanding the
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What Damages Are Available in a Wrongful Death Claim?

When a loved one’s life is tragically cut short due to someone else’s negligence or intentional misconduct, families are left with not only emotional devastation but also financial burdens.

Wrongful Death Claims are designed to provide surviving family members with financial compensation to ease the losses and hardship that result from such a tragic event.

Understanding what damages are available in these claims is critical to ensuring that families receive the justice they deserve.
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Defending the Accused in a Wrongful Death Lawsuit: Legal Insight

Facing accusations in a wrongful death lawsuit is a deeply serious matter.

When a person dies due to alleged negligence—particularly in a hospital setting—the legal implications can be life-altering for the accused.

For healthcare providers, hospitals, or any defendants named in such cases, understanding the legal process and developing a strong defense is crucial.

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