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 Medical Malpractice Lawyers Fight for Victims’ Rights

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

When doctors, nurses, or other healthcare providers fail to meet the standard of care, victims are left suffering from serious injuries, prolonged illnesses, or even wrongful death.

If you or a loved one has experienced medical negligence, finding a lawyer for medical malpractice in Atlanta is crucial.

In Atlanta, medical malpractice attorneys play a critical role in helping victims seek justice and fair compensation.
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Medical Malpractice Cases in Georgia: How Atlanta Compares to Other Cities

Medical malpractice is a serious issue across the United States, and Georgia is no exception.

Patients who suffer due to medical negligence often seek legal recourse, and Atlanta stands at the center of these cases, both in terms of frequency and the complexity of litigation.

When comparing Atlanta to other major cities in Georgia, distinct trends emerge in medical malpractice lawsuits, settlements, and the legal landscape.

If you or a loved one has been a
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Factors That Impact Your Truck Accident Settlement Amount

Truck accidents can lead to devastating injuries, extensive property damage, and significant financial burdens.

If you or a loved one has been involved in a truck accident in Atlanta, securing truck accident compensation is crucial to cover medical expenses, lost wages, and other damages.

However, several factors influence the amount you can recover in a truck accident claim. Understanding these factors can help you navigate the legal process and maximize your compensation.

This guide explores
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The Role of a Truck Accident Lawyer in Atlanta Personal Injury Cases

Truck accidents can be life-altering events, often leading to severe injuries, financial strain, and emotional distress. 

When a commercial truck collides with a passenger vehicle, the consequences can be catastrophic.

The sheer size and weight of trucks, along with the potential for complex legal claims, make these cases uniquely challenging. 

If you’ve been involved in a truck accident in Atlanta, hiring a skilled truck accident lawyer is crucial for navigating the legal complexities
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Top Reasons to Consult a Product Liability Lawyer in Atlanta After an Injury

Product liability law exists to protect consumers from defective or dangerous products that cause harm. 

Whether it’s a malfunctioning household appliance, a faulty car part, or a dangerous pharmaceutical drug, consumers have the right to pursue justice when they are injured by products that fail to meet safety standards.

If you live in Atlanta and have been injured by a defective product, consulting with a product liability lawyer is crucial. Here’s why:

1. Expert
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How Power of Attorney Simplifies Truck Accident Claims in Atlanta

Truck accidents in Atlanta can be life-altering, leaving victims with serious injuries, financial burdens, and complex legal issues.

Navigating claims and legalities while recovering can feel overwhelming. This is where having a truck accident lawyer and leveraging the power of attorney can significantly ease the burden.

In this article, we’ll explore how a truck accident lawyer attorney and a power of attorney lawyer near me can simplify your truck accident claims process, ensuring you get the compensation you
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Truck Accident Lawyers: What Do They Do for You?

Truck accidents often lead to devastating consequences, including severe injuries, property damage, and emotional trauma.

If you’ve experienced such an incident, you may be wondering, “What does a truck accident lawyer do?“ These specialized attorneys offer invaluable assistance, helping victims navigate the complex legal landscape and secure fair compensation.

In this article, we will explore the vital roles truck accident lawyers play, why their expertise is essential, and how their services can make a significant
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How to Choose the Right Personal Injury Attorney in Atlanta for Your Case

Personal injury law is a vast and complex area of legal practice that deals with injuries to the body, mind, or emotions, as opposed to property. 

If you’ve suffered an injury due to an accident, medical negligence, or a product malfunction, it’s essential to seek expert legal assistance to ensure you receive the compensation you’re entitled to. 

Choosing the right personal injury attorney in Atlanta can be overwhelming, but making the right
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Top Reasons to Hire a Medical Malpractice Attorney Atlanta GA for Your Case

Medical malpractice is a complex and often overwhelming field of law, especially when you or a loved one is the victim of medical negligence. 

In such cases, hiring a skilled medical malpractice attorney in Atlanta, Georgia, can significantly improve your chances of obtaining justice and compensation.

Medical malpractice cases often involve intricate laws, regulations, and a high level of expertise to navigate successfully. 

This article explores some of the main reasons why hiring
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5 Mistakes to Avoid When Hiring a Medical Malpractice Attorney

Medical malpractice cases are among the most complex and challenging legal disputes, requiring a highly skilled Medical Malpractice Attorney with a deep understanding of both the law and medical practices.

The intricacies of these cases involve not only medical knowledge but also the ability to navigate complicated legal procedures and terminology. 

A poor choice of legal representation can significantly impact the outcome of your case, leading to lost compensation and unresolved suffering. 

Unfortunately,
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