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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Victim of Medical Negligence? How Lawyers Prove Your Case in Court

Medical negligence occurs when a healthcare provider fails to meet the standard of care expected in the medical community, resulting in harm to a patient.

This failure can arise from diagnostic errors, surgical mistakes, medication mishaps, or neglect during treatment.

The consequences can be life-altering, leading to prolonged illness, permanent injury, or even death.

When faced with such outcomes, victims often search for a medical negligence lawyer near me to seek justice and compensation.
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How Do Courts Determine Damages in Wrongful Death Cases?

As a wrongful death attorney, I meet people every day who are facing unimaginable pain.

And if you’re wondering about how courts determine damages in a wrongful death case, you’re probably feeling confused, overwhelmed, and unsure where to even start.

Let me help.

This isn’t just about money — it’s about justice.

It’s about holding the responsible party accountable.

It’s about making sure your family is financially supported after such
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How Long Do Medical Malpractice Cases Really Take? What Causes Delays

Medical malpractice claims are some of the most complex and emotionally draining legal proceedings.

Victims and their families often wonder: how long do medical malpractice suits take? The answer isn’t always simple, as these cases involve extensive documentation, expert witnesses, and layers of legal strategy.

In this guide, we’ll walk through the average timeline of a malpractice case and explore the major causes of delays.

Whether you’re considering filing a claim or
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The Hidden Evidence in 18-Wheeler Accidents: How Lawyers Use Black Box Data to Win Cases

When a devastating accident involving an 18-wheeler occurs, the aftermath can be overwhelming.

Victims and families are often left dealing with severe injuries, emotional trauma, and financial strain.

This is where the role of a truck accident lawyer becomes not only helpful but essential.

These legal professionals are trained to uncover and analyze the often-hidden pieces of evidence that can make or break a case—most notably, the black box data embedded
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Lost a Loved One in a Semi-Truck Accident? How Atlanta Lawyers Handle Wrongful Death Claims

Losing a loved one in a devastating semi-truck accident is a life-altering tragedy.

The emotional toll is immeasurable, and it often brings with it a storm of financial burdens, legal challenges, and unanswered questions.

In the midst of grief, understanding your rights may be the last thing on your mind—but taking action is essential to securing justice for your loved one.

This is where an experienced Wrongful Death Lawyer in Atlanta
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How Medical Malpractice Lawyers Help Families Secure Fair Compensation

When families entrust their loved ones to medical professionals, they expect competent and compassionate care.

Unfortunately, that trust is sometimes broken due to negligence, errors, or oversight by healthcare providers.

Whether it’s a misdiagnosis, surgical error, or failure to provide timely treatment, the consequences of medical malpractice can be devastating—physically, emotionally, and financially.

This is where Medical Malpractice Lawyers become essential.

These legal experts not only
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What Does a Commercial Delivery Truck Accident Lawyer Do?

When a commercial delivery truck is involved in an accident, the aftermath can be overwhelming for all parties involved.

From navigating complex insurance claims to holding responsible parties accountable, these incidents demand specialized legal expertise.

That’s where a truck accident lawyer comes in.

These legal professionals play a critical role in helping victims secure fair compensation and guiding them through intricate legal processes.

Whether you’re a delivery driver,
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Best Tractor-Trailer Wreck Lawyer – Get the Justice You Deserve

If you or a loved one has been involved in a tractor-trailer accident, you’re likely facing serious physical, emotional, and financial challenges.

Tractor-trailer wrecks are often catastrophic due to the sheer size and weight of the vehicles involved.

In such cases, you don’t just need a lawyer—you need the best tractor-trailer wreck lawyer Georgia has to offer.

Securing experienced and aggressive legal representation can make all the difference in recovering the
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Lawyer for 18-Wheeler Collisions: Personal Injury Representation

When you’re involved in a collision with an 18-wheeler, the consequences can be life-changing.

These massive commercial vehicles can cause catastrophic injuries, property damage, and emotional trauma.

If you or a loved one has been a victim of such an accident, securing the proper legal representation is crucial.

An experienced lawyer for 18-wheeler accident can guide you through the complexities of personal injury law, fight for your rights, and help you
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Steps to Take Before Hiring a Medical Negligence Lawyer

When a medical professional makes a serious mistake, the results can be life-altering.

Whether it’s a misdiagnosis, a surgical error, or a failure to provide proper treatment, the consequences can cause physical, emotional, and financial harm.

If you or a loved one has experienced this in Atlanta, you may be searching for a medical negligence lawyer near you to help you seek justice.

Before hiring a lawyer, there are essential
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