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 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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