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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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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