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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Wrongful Death Lawyer in Atlanta: Understanding Your Legal Rights and Options

The loss of a loved one is an unthinkable tragedy, particularly if their death occurred due to negligence or misconduct of another.

The Emotional and financial weight imposed on survivors can be more than they can bear.

Money cannot adequately repay the loss of a loved one, but holding someone accountable with a wrongful death claim can result in justice as well as financial compensation.

You can be assisted through the process by a wrongful
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Truck Accident Lawyer Atlanta: How to Choose the Best Attorney for Your Case

Truck accidents are among the most devastating types of motor vehicle collisions.

Due to the sheer size and weight of commercial trucks, these accidents often result in severe injuries, long-term disabilities, and even fatalities.

If you or a loved one has been involved in a truck accident, hiring a truck accident lawyer is crucial to ensuring you receive the compensation you deserve.

However, finding the right truck accident lawyer Atlanta
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7 Shocking Medical Malpractice Cases That Changed Georgia’s Laws

Medical malpractice remains a major concern in Georgia, with numerous cases exposing systemic negligence that led to severe injuries, disabilities, and wrongful deaths.

Some of these lawsuits resulted in landmark legal changes, forcing healthcare providers to improve safety measures and patient care.

If you or a loved one has suffered from medical negligence, working with a medical malpractice lawyer in Atlanta is crucial for obtaining justice.

Medical errors can have life-altering consequences, and holding
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Wrongful Death Cases in Atlanta: What Families Need to Know

Losing a loved one is an unimaginable tragedy, and when that loss occurs due to the negligence or wrongful actions of another party, it becomes even more devastating.

In Atlanta, families who experience such a loss may have legal options to seek justice and financial compensation through a wrongful death lawsuit.

Understanding the legal process, eligibility to file a claim, and what damages can be recovered is essential for grieving families.

If you are facing
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Why Atlanta Has One of the Highest Rates of 18-Wheeler Accidents

Atlanta, Georgia, is one of the busiest transportation hubs in the southeastern United States.

The city’s extensive highway system, rapid urban expansion, and significant commercial trucking activity contribute to an alarming rate of 18-wheeler accidents.

These accidents can result in severe injuries, fatalities, and extensive property damage, making it crucial for victims to seek legal assistance from an 18-wheeler accident lawyer near me or the best 18-wheeler accident attorney Atlanta, Georgia has to offer.
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10 Important Facts About Wrongful Death Claims in Atlanta

Losing a loved one due to someone else’s negligence is one of the most devastating experiences a family can go through.

Whether the cause is a car accident, medical malpractice, workplace hazard, or intentional wrongdoing, Georgia law allows surviving family members to seek justice through a wrongful death lawsuit.

However, wrongful death claims can be complex, requiring strong legal knowledge and strategic representation.

Working with the best wrongful death attorney in Atlanta can significantly improve
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Finding the Best Truck Accident Lawyer in Atlanta: What to Look For

If you’ve been involved in a truck accident, finding the right truck accident lawyer in Atlanta is crucial to ensuring you receive the compensation you deserve.

Truck accidents can result in severe injuries, financial burdens, and emotional trauma, making it essential to have an experienced legal advocate by your side.

But with so many law firms in Atlanta, how do you choose the best truck accident lawyer Atlanta has to offer?

This guide will help
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The Role of a Medical Malpractice Lawyer in Atlanta: Fighting for Justice

Medical malpractice can have devastating consequences for patients and their families.

When healthcare professionals fail to provide the standard of care expected in the medical field, it can lead to severe injuries, long-term health complications, and even wrongful death.

A medical malpractice lawyer in Atlanta plays a vital role in advocating for victims, holding negligent healthcare providers accountable, and helping clients recover financial compensation for their losses.

Medical malpractice cases can be complex, requiring substantial
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Why Atlanta Has One of the Highest Rates of 18-Wheeler Accidents

Atlanta, Georgia, is one of the busiest transportation hubs in the southeastern United States.

The city’s extensive highway system, rapid urban expansion, and significant commercial trucking activity contribute to an alarming rate of 18-wheeler accidents.

These accidents can result in severe injuries, fatalities, and extensive property damage, making it crucial for victims to seek legal assistance from an 18-wheeler accident lawyer near me or the best 18-wheeler accident attorney Atlanta, Georgia has to offer.
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Atlanta Wrongful Death Lawyer Guide: Everything You Need to Know

Losing a loved one is never easy, but when their death is caused by someone else’s negligence or wrongful act, it can be devastating.

Families not only struggle with emotional pain but also financial burdens, legal complications, and the uncertainty of seeking justice.

If you find yourself in such a heartbreaking situation, an Atlanta’s wrongful death lawyer can help you understand your legal rights and pursue the compensation you deserve.

This guide covers everything you
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