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
(more…)

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.
(more…)

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
(more…)

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
(more…)

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:

(more…)

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.

(more…)

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
(more…)

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”
(more…)

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.

(more…)

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
(more…)

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
(more…)

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
(more…)

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
(more…)

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.


(more…)

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
(more…)

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.

(more…)

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
(more…)

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
(more…)

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
(more…)

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,
(more…)

Secret Link