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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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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