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 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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