Personal Injury & Wrongful Death

More Traps for the Unwary: Problems Under the Federal Tort Claims Act

We have previously written about procedural problems that clients may face when dealing with claims against governmental entities. Specifically, if an individual has a claim against a city or county government, there are certain pre-suit, ante litem requirements that must be observed before suit can be filed. We have written about this in earlier articles and would refer the reader to the same. We have also written these procedural problems under Georgia’s State Tort Claims Act. Here, we write briefly to discuss some unique issues
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BOATING ACCIDENTS ON THE RISE

Just this past year, our firm handled several boating accident cases which illustrate the dangerous nature of this recreational activity. In one case, a female skier was pulled into a small cove by the operator of the ski boat with such speed and force that she was pulled onto the shore and thrown into some trees with resulting and very serious personal injuries. In another case, a child being pulled on a tube was pulled in front of another boat and the child was killed.
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MUNICIPAL TORT LIABILITY IN GEORGIA

For years, cities enjoyed sovereign immunity under the law and could not be sued if negligent. This has been relaxed under recent statutory provisions with respect to city motor vehicles. For most motor vehicles operated by and on behalf of city employees, municipalities are now required to carry liability insurance in the amount of $250,000 because of bodily injury or death to any one person and $450,000 for any one occurrence. While this amount is woefully inadequate for true serious injury cases or cases involving
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ANTE LITEM REQUIREMENTS UNDER THE STATE TORT CLAIMS ACT

The State Tort Claims Act waives the state of Georgia’s immunity from suit in the courts of this state. See O.C.G.A. § 50-21-23. This is a limited waiver of sovereign immunity and the most that any single claimant can recover against the State is $1 million. See O.C.G.A. § 50-21-29. By the terms of the State Tort Claims Act, the limited waiver of immunity only applies to the State and its agencies and departments. O.C.G.A. § 50-21-22(5). The State Tort Claims Act expressly includes claims
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HIDDEN MINEFIELDS AND TRAPS FOR THE UNWARY

While most serious injury lawyers are aware of the ante litem provisions that exist under Georgia law, most lay persons are not. Thus, injured persons with valid claims against either city or county governments can through inaction sabotage such claims unwittingly just because of their ignorance of the arcane provisions found in the ante litem statutes of Georgia law. An ante litem notice simply means notice before litigation is commenced. With respect to cities, O.C.G.A. § 36-33-5 requires written notice to a Georgia municipality within six months of the event giving rise to the claim. This code section reads as follows:

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THE SUPREME COURT RULES AGAINST FLEEING SUSPECT IN POLICE CHASE CASE

In a case decided April 30, 2007, entitled Scott v. Harris, the United States Supreme Court held that a suspect fleeing from the police during a high speed police chase case has no Fourth Amendment right to be protected from the use of excessive force by the police against them. As we interpret this case, essentially, what this means is that a suspect assumes the risk of injury by the police during a police chase case.

In the Harris case, a 19 year old was fleeing from the police and the police employed a “pit maneuver” in order to knock the suspect’s car off the road. The pit maneuver is one in which the police hit the corner of the fleeing car with their car in order to force it off the road. In this case, when the suspect’s car left the road, it crashed rendering him a quadriplegic.

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MESOTHELIOMA CLAIMS FROM ASBESTOS EXPOSURE ARE STILL VIABLE

Asbestos products, which have been used primarily for insulation purposes, have long been known to be dangerous. Nonetheless, exposure to asbestos still presents a danger to anyone performing maintenance, repair or demolition work in any structure containing asbestos. Unfortunately, it has been well documented that the Asbestos industry was well aware of the fact that exposure to asbestos could cause cancer. Mesothelioma is a form of cancer specifically caused by exposure to asbestos. It is difficult to diagnose and hard to treat. It occurs typically
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Uninsured Motorist Stacking Bill – Important To Georgia Serious Injury Victims

Senate Bill 276, a very important bill for all Georgia citizens who may become involved in serious injury motor vehicle accidents, is awaiting action by the House Rules Committee at the State Capital. This bill would drastically improve uninsured motorist coverage in Georgia. Under current law, a consumer who is has uninsured motorist (UM) coverage can only access part of their total limit if they are hit by a driver with a small amount of liability insurance coverage. SB 276 would allow consumers to “stack”
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HIGH SPEED POLICE CHASE CASE SETTLES FOR $1 MILLION

After years of litigation, the City of Hampton paid $1 million to the family of Grashaunda Banks to settle a wrongful death claim brought as a result of a high speed police chase that resulted in a deadly collision. The crash occurred on Hwy. 19/41 near midnight on July 23, 2000, near the Atlanta Motor Speedway.

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PRESCRIPTION ERRORS ARE RISING

Negligent filing of prescriptions has been on the rise. In fact, because of a shortage of pharmacists and the steady increase in the use of prescription medications, the rate of death and injury from botched prescriptions is skyrocketing, officials say.
There are as many as 7,000 deaths annually in the United States from incorrect prescriptions, according to Carmen Catizone of the National Association of Boards of Pharmacy. He told The Washington Post that as many as 5 percent of the 3 billion prescriptions filled each
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What is a Fatality Defense Attorney and When Do You Need One?

In the aftermath of a fatal incident, legal matters can become both complex and emotionally overwhelming.

Whether you’re facing allegations involving homicide, vehicular manslaughter, or accidental death with criminal liability, your freedom and future may hang in the balance.

This is where a fatality defense attorney becomes an essential advocate. In high-stakes legal scenarios, especially in metropolitan areas like Atlanta, choosing the right defense attorneys Atlanta GA has never been more important.
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Why You Need a Truck Accident Lawyer — Not Just Any Personal Injury Attorney

When you’re involved in a collision with a commercial truck, the aftermath can be overwhelming—medically, emotionally, and legally.

But not all personal injury attorneys are equipped to handle the complexities of truck crash litigation.

Here’s why hiring a truck accident lawyer is not just beneficial—it’s essential.

Unlike standard auto collisions, truck accidents involve commercial regulations, powerful corporate entities, and specialized evidence.

The injuries are often more severe, the insurance policies
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Who’s Liable in a Multi-Vehicle Truck Accident?

When a multi-vehicle truck accident occurs, the aftermath is often chaotic, devastating, and legally complex.

These incidents typically involve multiple parties, several insurance companies, and intricate liability issues that can overwhelm even the most seasoned drivers.

Whether it’s a chain-reaction collision on a highway or a pileup caused by poor weather and a negligent truck driver, determining who is responsible becomes a critical part of securing compensation for injuries and damages.

This article
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Filing a Wrongful Death Lawsuit in Georgia: What You Need to Know

Losing someone due to negligence is an emotional and financial hardship no family should have to face.

Yet, when a death is caused by another’s careless actions, Georgia law provides a legal pathway for surviving family members to seek justice through a wrongful death lawsuit.

Navigating this path requires more than grief—it requires understanding, strategy, and the support of a dedicated Wrongful Death Lawyer.

Whether you’re grappling with medical bills, emotional
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The Hidden Dangers of Truck Driver Fatigue on Georgia Roads

Commercial truck drivers are the backbone of interstate commerce, but when fatigue takes over behind the wheel, the consequences can be devastating.

Georgia’s highways—especially around Atlanta—see a high volume of  trucks each day.

Unfortunately, drowsy driving plays a significant role in many catastrophic accidents involving large trucks.

If you or a loved one has been injured in a collision with a fatigued truck driver, a bold legal response is necessary.

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Atlanta’s Most Dangerous Roads for Truck Accidents

Atlanta truck accidents are increasingly frequent due to the city’s status as a major transportation crossroads in the southeastern U.S.

With thousands of trucks navigating daily through congested highways and urban routes, the margin for error is slim.

These accidents not only result in devastating injuries but also cause property damage, traffic delays, and economic losses for both individuals and businesses.

For drivers and pedestrians, understanding the risks on Atlanta’s roads is the first step in prevention.

For those already
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Understanding Black Box Data in Truck Accident Investigations

When a serious truck accident occurs, one of the most critical pieces of evidence comes not from witnesses or physical damage—but from technology embedded within the truck itself.

This technology, often referred to as the “black box,” plays a pivotal role in truck accident investigations, offering insights that can make or break a case.

Whether you’re a victim seeking justice or a legal professional working to establish liability, understanding how black box data works—and how it’s used—is essential.

With guidance from an experienced internal investigations
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What to Do After a Semi-Truck Crash: A Legal Checklist

A semi-truck crash can be one of the most devastating events a person might experience.

Due to the sheer size and weight of commercial trucks, the consequences often involve serious injuries, long-term disability, or even fatalities.

Knowing what steps to take immediately after such a traumatic event is crucial—not only for your health and safety but also to protect your legal rights.

This legal checklist is designed to help you understand the right steps to
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Infant Wrongful Death Claims: Legal Rights and Options

The death of an infant is a heart-wrenching experience that no parent or guardian should ever have to endure.

When such a tragedy results from the negligence, misconduct, or intentional act of another party, it is legally recognized as a wrongful death.

Understanding your legal rights and options is crucial in these situations, not only to seek justice but also to prevent similar tragedies from occurring to others.

In such
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5 Real Medical Malpractice Cases That Changed the Legal Landscape

In the intricate world of healthcare, trust between a patient and their medical provider is sacred.

But what happens when that trust is broken due to negligence or oversight? This is where a medical malpractice lawyer becomes crucial, not only in representing victims but in reshaping legal standards.

Over the years, several landmark medical malpractice cases have had a profound impact on how the law views doctor accountability, patient rights, and legal procedures.

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