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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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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