Personal Injury & Wrongful Death

Georgia Medical Malpractice Cases in the Time of COVID-19

Prior the COVID-19 pandemic, in order to successfully bring a medical malpractice claim in Georgia, a plaintiff was required to offer expert medical testimony to the effect that the defendant physician or healthcare provider failed to exercise that degree of care and skill which would ordinarily have been employed by the medical profession generally under the circumstances.  See Boling v. Foster, 254 Ga. App. 374 (2002).  The legal duty owed by medical professionals was to exercise “a reasonable degree of care and skill.”
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What Damages Are Available In Wrongful Death Actions?

In Georgia when an innocent person is killed due to the negligence of a third person, the survivors have a claim for wrongful death damages. The full value of the life of the decedent includes both economic and non-economic components. The economic components are more readily deduced. If you take the earning capacity of the decedent, you multiply it over their projected work life expectancy and come up with a calculation as to what future lost wages would be due to the wrongful death.
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Challenges Associated With Serious Burn Injury Cases

Our firm regrettably has encountered several tragic cases involving serious burn injuries. These cases arise in a variety of contexts. Some of our clients have had chemical burns, others have had burns suffered in fires caused by defective products. We have handled wrongful death cases involving the death of young children due to defective air purifiers and serious disfigurement caused in automobile collisions and/or tractor-trailer accidents. Regardless of the factual context, for the victim who is innocent in the premises and suffers serious burn injuries
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Henry County Police Chase Ends In Death Of Teenage Passenger

On April 2 of this year, we blogged about an important decision rendered by the Georgia Court of Appeals on March 28, 2013 indicating that innocent passengers unwittingly involved in high speed police pursuits can file a claim for damages sustained if they prove a reckless disregard of proper police procedure by the police officer initiating or continuing the pursuit. The newspaper accounts of the incident in Henry County do not provide much by way of detail but apparently police officers were pursuing the
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Filing A Federal Tort Claims Act Case Against the United States

As is true of any other claim against the Federal Government, if a tort has been committed for which a government employee was negligent which caused injury or damages to an innocent third party, the procedures of the Federal Tort Claims Act govern the claim. A Standard Form 95 with all supporting documents needs to be filed with the appropriate government agency involved before the expiration of two years. Regardless of the agency involved, the form must to be received by the appropriate agency/department.
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Legal Liability For Emergency Vehicle Negligence

In urban America it is not uncommon to see speeding government vehicles heading toward a variety of locations. Whether the emergency vehicle be a fire truck, an ambulance or police vehicle this is a common day occurrence in places like Atlanta. Regrettably, during some of these responses, the emergency vehicles collide with innocent motorists. When this happens, obviously, the issue is whether there is legal liability for the operator of the emergency vehicle/government.
Under O.C.G.A. § 40-6-6, emergency vehicles are permitted to disregard traffic rules
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Innocent Passengers Involved In Police Chases Can Sue

On March 28 of this year, the Georgia Court of Appeals held that innocent passengers unwittingly involved in a high speed pursuit case can sue the police for damages caused, in part, by a reckless disregard of proper police procedure. In so ruling, the Court of Appeals noted that the police pursuit statute found at O.C.G.A. § 40-6-6(d)(2) was enacted by the Georgia Legislature to protect the rights of the innocent. Whether an innocent person is either inside or outside of a vehicle is not relevant. The question is, whether the injured party filing a claim against the police was innocent of wrongdoing. If innocent, whether a passenger inside the vehicle or a pedestrian outside the vehicle or any other third party, the Georgia Court of Appeals held that such a person could bring a claim, again, provided they were innocent and were injured, in part, by a reckless disregard of proper police procedure.

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The Value Of Demonstrative Evidence

There is an old saying that a picture is worth a thousand words. In legal cases presented to a jury, this is particularly true. If you have photographs of an automobile collision’s aftermath and can graphically demonstrate the damage to the vehicles involved, this is much better and more persuasive evidence than is an oral description of the same damage. Likewise, if there are x-rays or photographs of a client’s injuries, this too is very persuasive. Where original photographic evidence or videotaped evidence is not
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Achieving Justice In A Personal Injury Case

Oftentimes clients like to refer to news articles about some substantial jury verdict or settlement in favor of a plaintiff in a particular case. Our advice when these comments are made is that it is very dangerous to compare apples to oranges. Literally speaking, no two cases are alike and it is difficult to compare one person’s case to another. On the other hand, the paramount goal of our attorneys is to make sure that our clients receive the best possible result given the facts of their particular case. Here, we like to compare apples to apples insofar as possible.

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Georgia’s New Rules Of Evidence

Effective January 1, 2013, Georgia’s New Rules of Evidence go into effect. The new provisions are found generally at O.C.G.A. Title 24, Chapter 1 through 10. The new code applies to all cases filed on/or after 1/01/13 and to all trials commenced on/or after said date. What this means is that the new Rules of Evidence will apply to any case in Georgia beginning on January 1, 2013, and going forward.

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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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