Personal Injury & Wrongful Death

Sovereign Immunity Precludes Many Valid Lawsuits

Many state, county, and local governments are protected from lawsuits even though their employees may have been extremely negligent in causing severe injuries to innocent citizens. In most instances, the doctrine of sovereign immunity precludes a lawsuit against these entities, unless the governing body, such as the legislature, has waived the protection of sovereign immunity. Even when there has been a waiver, it is generally restricted to a maximun amount of recovery.
For example, in a ruling involving last summers deadly Comair plane crash at
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Katrina Victims Lose To The Insurance Industry

The Fifth Circuit Court of Appeals in New Orleans ruled Aug. 2, 2007, in In re Katrina Canal Breaches Litigation, No. 07-30119, that property owners in New Orleans whose buildings were flooded as a result of levee breaches in the aftermath of Hurricane Katrina cannot recover losses from their insurance companies because of the flood exclusions in their insurance policies. Thousands of policyholders of various insurance companies will be affected by the ruling and it is estimated that the policyholders may have to absorb losses
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Visibility Factors in Nightime Truck Accidents

The lack of visibility of large trucks on the road after dark is a major factor in many accidents which our lawyers have investigated. The scientific term used to describe this area of study is “conspicuity.” Conspicuity refers to the factors of (1) perceiving that something is on the dark road ahead, (2) identifying the object as a large truck, (3) appreciating the truck’s position and slower speed as a danger, and (4) stimulating you to take evasive maneuvers to avoid the imminent collision.
Many
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Pedestrian Injury and Death in Atlanta, Georgia

Atlanta has previously been identified as one of the most dangerous large metropolitan area in the country for pedestrians. Although statistics are not always accessible, in the calendar year 2001, for example, 64 pedestrians were reported killed in Atlanta. Throughout the State of Georgia, more than two-thirds (2/3) of pedestrian fatalities occurred on neighborhood streets, which helps explain why pedestrian injury is the second leading cause of death for children age 5 to 9. Another problem, particularly prevalent in Atlanta, are unsafe sidewalks. While the
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Mandatory Arbitration Clauses Deprive Consumers of Basic Rights

Get a credit card, buy a car, or sign up for a cellphone plan, and chances are, if you’re unhappy with your transaction, you won’t be telling your story to a judge. Many consumer contracts include unfair mandatory arbitration clauses that force individuals to go through arbitration, instead of civil court, if a dispute arises. Mandatory arbitration clauses tend to give companies, not the public, protection because the arbitration process can be costly and the time to make a case is limited.
Consumer lawyers contend
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MEDICAL MALPRACTICE IN GEORGIA

In 2005, the Georgia General Assembly enacted the so-called “Tort Reform” Act which greatly affected medical negligence claims in the State of Georgia. The stated intent was to lower insurance rates for physicians and healthcare providers. However, while severely restricting the rights of individual citizens to seek redress in the Courts, and increasing the burdens on plaintiff’s lawyers, the insurance rates of healthcare providers have not decreased.
While the requirements of bringing a medical malpractice case and the standards for obtaining experts have been greatly
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Reduction in Value: A Misnomer in the Wrongful Death Context

Recognizing the time value of money, Georgia law requires that an award of damages representing a present compensation for any future pecuniary loss be reduced to its “present value.” In some ways this is common sense. If, as the result of a wrongful death, wages for the next 20 years have been lost, it is reasonable that such economic damages be reduced to present cash value in order for a present day award to be fair to both sides. A verdict is being returned today,
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An Estate’s Claim in a Georgia Wrongful Death Case

Georgia law is unique in the context of a wrongful death action in that it divides a wrongful death claim into two parts. The first part, which we have previously blogged about, involves the rights of the survivors of the deceased to seek compensation for “the full value” of the life of the decedent. The second part of such a claim involves claims that the personal representative of the deceased may bring separately. This includes claims for funeral bills, medical bills which were incurred prior
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Proving Non-Economic Damages in a Wrongful Death Case

In a Georgia wrongful death case, it is important that the plaintiff establish all economic and non-economic damages caused by the wrongful death. Economic damages obviously include an analysis of how much income and wage was lost by the untimely demise of the decedent. Proving non-economic damages, however, does not involve an economic analysis but instead involves a presentation of the intangible components of the decedent’s life. In Georgia, in particular, it is important that a wrongful death claimant establish this aspect of “the full
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Suing Drunk Drivers for Punitive Damages

In Georgia, juries are not reluctant to impose punitive damages against drunk drivers. It is common knowledge that drunk driving is a grave danger to the motoring public. Anyone who gets behind the wheel after having consumed intoxicating drugs or beverages obviously poses a risk of danger to the public. In Georgia, many years ago, the Georgia Legislature limited the imposition of punitive damages in tort cases to $250,000.00. This limitation in punitive damage awards was part of a “tort reform” effort of the business
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How to Communicate with Insurance Companies in a Wrongful Death Case

Losing a loved one due to another party’s negligence is a devastating experience.

In the aftermath, families often face not only emotional turmoil but also financial burdens.

Navigating the complexities of a Wrongful Death Case can be overwhelming, especially when dealing with insurance companies.

Effective communication with insurance adjusters is critical to protect your rights and ensure your claim is treated fairly.

This guide outlines the essential steps
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Medical Malpractice Settlements: What to Expect in Wrongful Death vs. Injury Cases

When it comes to medical malpractice cases, the financial and emotional implications are often overwhelming.

The outcomes vary significantly depending on whether the victim survived the incident or tragically passed away due to the provider’s negligence.

Understanding what goes into calculating settlements—especially when comparing wrongful death claims to those involving non-fatal injuries—is crucial.

Whether you are navigating the complexities of a medical injury or mourning the loss of a loved one, knowing what to
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Need Legal Help? Here’s How to Find the Right Medical Malpractice Lawyer

When facing the emotional and financial aftermath of a medical error, one of the most crucial decisions you’ll make is choosing the right medical malpractice lawyer.

The legal complexities surrounding malpractice cases can be daunting, especially when you’re already dealing with the consequences of a healthcare provider’s mistake.

Whether you’re a victim of a surgical error, misdiagnosis, birth injury, or medication mistake, having a skilled medical malpractice lawyer on your side can make all
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Top Mistakes Victims Make Without a FedEx Truck Crash Lawyer in Atlanta

In the aftermath of a truck accident involving a major carrier like FedEx, victims often find themselves overwhelmed, confused, and unsure of what steps to take next.

Many individuals make the mistake of attempting to handle their case alone, not realizing the critical advantages a Truck Accident Lawyer can provide.

Whether it’s negotiating with insurance companies or pursuing full compensation for your injuries, having the right legal counsel is essential.


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Need Legal Advice? Schedule a Consultation With a Tractor-Trailer Wreck Lawyer Now

If you or a loved one has been involved in a serious truck accident, securing the right legal support can make all the difference in the outcome of your case.

The aftermath of a tractor-trailer wreck is often overwhelming—dealing with injuries, medical bills, insurance adjusters, and lost wages can quickly become too much to handle alone.

This is where a Truck Accident Lawyer steps in to protect your rights, fight for your compensation, and
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How Much Does Medical Malpractice Insurance Cost for Surgeons, Dentists, and Nurses?

Medical malpractice insurance is a crucial safety net for healthcare professionals.

Whether you’re a surgeon performing complex procedures, a dentist working with delicate oral structures, or a nurse providing essential care, the risk of facing a malpractice claim is real.

One of the most common questions asked in the industry is: “How much does medical malpractice insurance cost?” The answer depends on several factors, including your specialty, location, experience, and coverage limits.

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Need a Truck Accident Lawyer in Atlanta? What Sets the Best Apart

Truck accidents are among the most devastating types of road collisions due to the size and weight of commercial vehicles.

In Atlanta, where interstates and highways see heavy truck traffic daily, accidents involving large trucks can lead to catastrophic injuries or even fatalities.

Victims often face long-term medical treatment, emotional trauma, and significant financial losses.

That’s why it’s crucial to consult with a truck accident lawyer atlanta who understands the complexity
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Medical Negligence vs. Medical Malpractice: Understanding the Key Differences

When patients seek medical care, they trust healthcare professionals to provide safe and competent treatment.

Unfortunately, that trust is sometimes broken due to errors in judgment or care, leading to harm.

In the legal and healthcare world, two terms often arise in such cases—medical negligence and medical malpractice.

While they may seem interchangeable, there is a clear difference between medical negligence and medical malpractice.

Understanding
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What to Expect When Hiring a Wrongful Death Lawyer After a Truck Accident

Losing a loved one in a truck accident is a traumatic experience no family should endure.

The aftermath can be emotionally and financially devastating.

In such difficult times, Wrongful Death Lawyers become a crucial resource to help navigate the complex legal path ahead.

These professionals understand the gravity of the situation and work to bring justice and compensation to grieving families.

If your loved one was killed in
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Facing a Tractor-Trailer Lawsuit in Atlanta? How Top Lawyers Prepare for Trial

Tractor-trailer accidents are some of the most serious collisions on Atlanta’s roads due to the massive size and weight of these vehicles.

The injuries resulting from such crashes can be catastrophic, and the legal process for recovering compensation is far more complex than in standard auto accidents.

If you or a loved one has been affected, hiring a specialized tractor-trailer accident lawyer is crucial to protecting your rights.

These cases involve multiple parties, extensive investigations,
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