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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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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