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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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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