Personal Injury & Wrongful Death

Excessive Force Used In Detaining A Shoplifter

Today we read newspaper accounts about a suspected shoplifter being killed by security personnel at a local Walmart here in Georgia. According to news accounts, the suspected shoplifter allegedly took some merchandise with him outside the store at which point he was tackled to the ground and then held in a “choke hold” for an undetermined period of time. When the police arrived the suspect was motionless and determined to be dead, apparently from trauma inflicted when he was subdued.
Under Georgia law, shopkeepers have
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The Impact Of Pre-Existing Injuries On Personal Injury Cases

All experienced attorneys that practice in the personal injury field are familiar with insurance companies attempting to exploit prior injuries sustained by clients. The argument often used is that the injury caused in the car wreck, tractor-trailer accident, slip and fall incident, or other personal injury case was not caused by the negligence of the person being sued, but rather, that the victim of the negligence is simply malingering and/or claiming damages for a pre-existing injury. Insurance companies subpoena health records as far back as
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Five Hour Energy Drinks: A Potential Killer

According to the Food and Drug Administration (FDA), it has received reports of 13 deaths associated with the use of the popular “Five Hour Energy” drink. Because the FDA’s investigation is ongoing, currently it is not known what has caused these reported deaths. Is it because the product has too much caffeine that results in heart attacks? Or is it because of other ingredients in the drink which are not subject to FDA regulations (because it is considered a dietary supplement)? The Five Hour Energy
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Using The Glasgow Coma Scale To Determine The Severity Of Brain Injury

In many of our serious automobile collision cases we unfortunately find ourselves representing victims of a traumatically induced brain injury. During any serious car accident, unfortunately victims oftentimes strike their heads either on the seat or some other interior portion of the car. This can sometimes result in a loss of consciousness, confusion, dizziness or otherwise. When emergency personnel arrive at the scene of a serious wreck and diagnose those who appear to be confused or dazed, they typically use an assessment tool called
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Mild Traumatic Brain Injury: A Serious Problem

The term “mild” traumatic brain injury is very misleading. While the descriptor “mild” typically refers to the severity of the trauma that resulted in the injury, oftentimes in a personal injury context it does not come close to describing the severity of the consequences of the injury. Even though the trauma may be mild, the long term consequences of the injury may be anything other than mild and oftentimes are quite serious.
The vast majority of people who experience a mild traumatic brain injury
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What Is A Traumatic Brain Injury?

Traumatic brain injuries typically involve transient periods of some type of neurological dysfunction which can range from brief periods of confusion or dizziness to headaches and/or seizures, sometimes involving nausea. The term concussion is oftentimes used interchangeably with the term “mild traumatic brain injury” or MTBI. The Quality Standards Subcommittee of The American Academy of Neurology has recognized that concussions may occur without the loss of consciousness. There are three grades of concussions according The Academy of Neurology. A Grade 1 concussion involves transient
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Aggravation Of Pre-Existing Injuries

In our trial practice we are often presented with cases where the client had a pre-existing medical condition which was aggravated by an accident. As an example, someone can have asymptomatic degenerative disk disease, be involved in an automobile collision and thereafter begin to experience symptoms of pain because of the injury to their neck or back. Someone can have any asymptomatic pre-existing condition, which is aggravated by the trauma from an accident, which causes the pre-existing condition to become asymptomatic. Obviously, the issue in
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Saying No To Clients: The Requirements Of Professionalism

There is one duty that a lawyer owes to his client and that is to be truthful with them. In many cases clients need counseling and need it badly. Sometimes clients do not want to hear the truth and take pains to avoid it. Oftentimes clients will turn on their attorneys when the attorney tries to tell them the truth of their situation. In such circumstances the client will accuse the lawyer of not being zealous in his or her representation or not believing in
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High Speed Pursuits For Stolen Vehicles: Are They Justified?

When the police encounter a stolen vehicle and attempt to stop it with their blue lights and the driver takes off, the question is whether the public is well served when the police engage in a high speed pursuit thereafter. Clearly the suspect wishes to escape apprehension and is willing to travel at high speeds endangering the lives of the public. The only way they will be apprehended is if the police are successful during their pursuit in running them off the road, using stop sticks or otherwise blockading them. During the pursuit, however, the entire public is endangered and it is quite likely that as the speeds get higher and higher and the offender becomes more and more desperate at escaping apprehension the dangers will increase and tragedy to innocent third parties may result.

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Settling Serious Injury Cases Out Of Court

In many car accident and personal injury cases, clients often wish to “settle out of course” so as to avoid the stress, anxiety and uncertainty of a jury trial. In many cases this is entirely possible and the client can still achieve a settlement that approximates the fair value of their case. However, in a certain number of cases, settlement offers pre-trial may not constitute adequate compensation for the damage inflicted and thus a jury trial may be a necessity. Sometimes, despite the
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Wrongful Death Attorney in Duluth, GA: How Gwinnett County Families Can Pursue Justice

A wrongful death attorney can help Duluth, GA and Gwinnett County families understand their legal options after a preventable fatal loss. 

When a loved one dies because of negligence, medical malpractice, a truck accident, car accident, unsafe property, defective product, workplace-related third-party negligence, or another wrongful act, families are often left with emotional, financial, and legal uncertainty.

A Georgia wrongful death claim is a civil claim, not a criminal prosecution. 

It is designed to help eligible family members pursue accountability and financial recovery after a fatal event caused by another party’s conduct. 

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Is Medical Malpractice a Criminal Act? What Atlanta Patients Should Know About Hospital Error Cases

Is medical malpractice a criminal act is a common question for Atlanta patients and families after a serious hospital error, surgical mistake, medication error, delayed diagnosis, or preventable injury. 

In most cases, medical malpractice is handled as a civil claim, not a criminal case. 

A civil medical malpractice claim focuses on whether a healthcare provider failed to meet the accepted standard of care and caused harm to the patient.

Some extreme cases may involve criminal investigation, but that is not the usual path for most medical malpractice lawsuit cases. 

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Delayed Cancer Diagnosis in Georgia: When Late Detection May Require a Medical Malpractice Lawyer in Duluth

A medical malpractice lawyer in Duluth can help patients determine whether a delayed cancer diagnosis may involve medical negligence.

When cancer is not diagnosed as early as it reasonably should have been, the delay may affect treatment options, prognosis, medical expenses, quality of life, and long-term outcomes.

For some patients, delayed detection may lead to more aggressive treatment. For others, it may result in a worsened condition or a fatal outcome.

However, not every delayed cancer diagnosis is medical malpractice. Cancer can be difficult to diagnose, symptoms can resemble less serious conditions, and medical providers are not automatically liable because a disease was found late. 

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How Legal Support From a Wrongful Death Attorney Near Me in Duluth Helps Families After a Loss

A wrongful death attorney near me can give Duluth families local legal guidance after a preventable fatal loss.

When a loved one dies because of medical malpractice, a truck accident, unsafe property, a car crash, or another negligent act, families may be left dealing with grief, expenses, insurance calls, legal questions, and uncertainty about what comes next.

Legal support cannot remove the pain of the loss. However, it can give families direction when important decisions must be made.

A wrongful death lawyer near me in Duluth can explain who may have the right to bring a claim, what early steps may matter, how insurance companies may respond, and what information should be reviewed before any settlement decision is made.

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When Is Misdiagnosis Considered Medical Malpractice in Duluth, GA? What Patients Must Prove to Win a Claim

Patients can contact a misdiagnosis lawyer in Duluth to determine whether a wrong diagnosis, delayed diagnosis, or failure to diagnose may qualify as medical malpractice. 

Not every diagnostic mistake is legally actionable, and not every poor medical outcome means a doctor or hospital was negligent. 

However, when a provider fails to follow accepted medical standards and that failure causes serious harm, the patient may have grounds for a medical malpractice claim in Georgia law.

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Common Mistakes That Hurt Injury Claims

After an accident, many injured people focus on medical treatment, missed work, and repairing their lives.

During this stressful time, it is easy to make mistakes that may hurt a personal injury claim.

Insurance companies often look for ways to reduce compensation or deny claims.

Certain actions, delays, or statements may make it harder to prove what happened or show the full extent of the injuries.

Understanding common mistakes can help injured people protect their rights and avoid unnecessary problems.

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Personal Injury Settlement Process Explained

A personal injury claim may arise when someone is injured because of another person’s negligence.

These cases can involve car accidents, truck accidents, slip and fall incidents, defective products, workplace injuries, dog bites, or other situations where someone fails to act safely.

After an injury, victims often face medical expenses, lost wages, pain, stress, and uncertainty about what happens next.

Understanding how the settlement process works can help injured people make informed decisions.

People
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What to Do After a Truck Accident in Atlanta

A truck accident in Atlanta can result in severe injuries, significant property damage, and long-term financial strain. Due to the size and weight of commercial trucks, these accidents are often more dangerous than regular car accidents. After such an event, it’s essential to understand the immediate steps to take in order to protect your health, preserve evidence, and support any future personal injury claim.

If you’ve been involved in a truck accident, taking the right steps
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What Damages Can Be Recovered in a Georgia Personal Injury Case?

After a serious accident, most people think first about medical bills. 

While medical expenses are often a major part of a claim, they are only one piece of the compensation that may be available in a Georgia personal injury case.

An injury can affect nearly every area of your life. You may miss work, struggle with ongoing pain, lose the ability to enjoy your normal activities, or face permanent physical limitations. 

In wrongful
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How Much Is a Personal Injury Case Worth in Georgia?

If you are wondering how much a personal injury case is worth in Georgia, the answer depends on several factors, including the severity of your injuries, the cost of your medical treatment, the impact on your ability to work, and whether the other party was clearly at fault. 

No two cases are exactly alike, which means the value of a claim can vary significantly from one situation to another.

A minor injury claim involving a short recovery
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