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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Don’t Settle: How to Find the Right Wrongful Death Attorney the First Time

Losing a loved one due to someone else’s negligence is a life-altering experience.

The emotional toll can be overwhelming, and the legal aftermath only adds to the burden.

In such challenging times, having the right legal representation makes all the difference.

Wrongful Death Lawyers are your voice when you’re seeking justice—and finding the right one from the start is essential to securing a favorable outcome.

If
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Medical Negligence Lawsuits: Legal Strategies to Get the Compensation You Deserve

Medical errors can cause irreversible damage, emotional trauma, and lifelong health complications.

When healthcare providers fail to meet their standard of care, patients often find themselves seeking legal remedies.

Understanding your rights and the legal strategies involved in medical negligence lawsuits is crucial to securing compensation.

This guide explores the difference between medical negligence and medical malpractice, how legal professionals build strong cases, and what to expect in your journey toward justice.
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Key Topics to Discuss with a Professional Wrongful Death Lawyer

Losing a loved one unexpectedly is a life-altering tragedy—especially when that loss is the result of negligence or misconduct.

Amid grief and confusion, families are often left to navigate legal complexities, financial burdens, and emotional trauma.

A Wrongful Death Lawyer can be a critical ally during this difficult time.

They not only advocate for justice but also help ensure the family receives the compensation they deserve.

Knowing what
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Top Benefits of Hiring a Local Semi-Truck Accident Lawyer

Accidents involving semi-trucks can be life-changing, leaving victims with severe injuries, medical bills, lost wages, and emotional distress.

The aftermath of such accidents can be overwhelming, and navigating the legal system can be daunting.

If you find yourself in such a situation, hiring a specialized truck accident lawyer is crucial.

These professionals have the expertise to help you get the compensation you deserve for your injuries, property damage, and other losses.
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Wrongful Death Claims: How to Choose an Attorney, Navigate the Legal Process, and Seek Justice

Losing a loved one due to someone else’s negligence is one of the most painful experiences a family can endure.

When that loss occurs because of wrongful actions, such as negligence, malpractice, or intentional harm, families may be entitled to compensation through a wrongful death claim.

While no amount of money can truly compensate for such a devastating loss, seeking justice can offer a sense of closure and financial relief for the future.

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5 Key Reasons to Hire a Semi-Truck Accident Lawsuit Lawyer in Atlanta Today

When you’re involved in a semi-truck accident, the aftermath can be overwhelming.

From physical injuries and medical bills to dealing with insurance companies and potential lawsuits, the stress adds up quickly.

That’s why hiring a truck accident lawyer is one of the smartest decisions you can make.

If you’re in the Atlanta area, working with a seasoned semi-truck accident lawsuit lawyer Atlanta ensures that your rights are protected and you have
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Don’t Face Trucking Companies Alone: Work with an Experienced 18-Wheeler Lawyer

In the aftermath of a collision involving a massive commercial vehicle, the consequences can be overwhelming—both physically and emotionally.

These accidents often lead to severe injuries, mounting medical bills, lost wages, and even long-term disabilities.

If you’ve been involved in such a crash, it’s critical not to navigate this complex and high-stakes situation alone.

A seasoned Truck Accident Lawyer can be your strongest advocate, ensuring that your rights are protected and
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How to Find an Affordable Semi-Truck Lawyer Without Compromising Quality

Getting into an accident involving a semi-truck can be a life-altering experience.

From severe injuries and mounting medical bills to legal complexities and lost wages, the aftermath is often overwhelming.

That’s why hiring a Truck Accident Lawyer is crucial to ensure your rights are protected and you get the compensation you deserve.

But here’s the catch—many people worry about the cost of legal representation.

The good news? You
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Medical Malpractice Attorney vs. Personal Injury Lawyer: Who Earns More?

When it comes to legal professions, two roles often garner significant attention for their complexity, high-stakes cases, and potential earnings: medical malpractice lawyer and personal injury lawyer.

Both fields are crucial to upholding justice for individuals harmed by negligence, but they differ substantially in terms of expertise, case complexity, and ultimately—compensation.

One pressing question for many aspiring legal professionals is: Who earns more between a medical malpractice attorney and a personal injury lawyer?

Understanding the
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You’re Not Alone: How an 18-Wheeler Crash Lawyer Supports Injury Victims

In the aftermath of a devastating truck accident, victims often find themselves overwhelmed—physically, emotionally, and financially.

Medical bills start to pile up, insurance companies become aggressive, and returning to normal life seems like a distant dream.

This is where a Truck Accident Lawyer becomes a lifeline.

Whether you’re searching for a reliable 18-wheeler crash lawyer near me or need guidance through a complicated legal battle, having the right attorney by your
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