Personal Injury & Wrongful Death

Structured Settlements For Minors

With today’s low interest rates, sometimes it makes little or no sense to structure a portion of a personal injury settlement. If a case settles for a particular amount, it is always advisable to consider whether structuring a portion of the settlement money into an annuity by way of a tax free investment might be in the best interest of the client. When minor children are involved, sometimes investing in a long term annuity can not only protect the corpus of the funds but
(more…)

Evaluating Wrongful Death Cases Involving Children

One of the most tragic kinds of case that we encounter is that involving the death of a child. Oftentimes it is in the context of a serious automobile collision but obviously death due to negligent behavior comes in a variety of forms. It is particularly difficult to deal with the death of a innocent child. It is also difficult to evaluate such a claim because of the emotions involved. Nonetheless, there are criteria that can be used in evaluating such claims even though financial “compensation” for such a loss is essentially an oxymoron when it comes to the death of a child.

(more…)

Assessing Damages In A Burn Injury Case

In those serious injury cases where the damage is a burn injury and significant scarring or disfigurement is present, it sometimes is difficult to estimate the settlement value of such a claim. Even if the plastic surgeon is able to give a reliable figure of future medical expenses, assuming more surgery is needed to address the problem, nonetheless, these cases are difficult to evaluate because most of the damages are intangible. The disfigurement of the scar, where the scar is located, whether it can
(more…)

Boating Under The Influence: A Deadly Combination

We read in the paper this week about a tragedy which occurred on Lake Lanier outside of Atlanta. A ski boat being operated by an individual under the influence of alcohol crashed head-on into a pontoon boat occupied by 13 people. Many of the people on the pontoon boat were seriously injured and apparently two young boys killed. As of the date of this blog, the authorities were still searching for a missing 9-year old boy. The driver of the ski boat was under the
(more…)

Punitive Damages In A Wrongful Death Context

Because damages in a wrongful death context are measured from the standpoint of the decedent and are considered under Georgia case authority to be somewhat punitive since the damages include compensation for the full value of the life of the decedent, in a wrongful death case, per se, punitive damages cannot be sought. However, in a case where there has been pre-impact fright and terror, pain and suffering associated with injuries prior to death and/or property damages sustained by the estate, the estate can
(more…)

Estate Claims In A Wrongful Death Context

As we have posted before, in a wrongful death context, the heirs-at-law have a claim for damages for the full value of the life of the decedent whereas the Administrator of the estate has a claim for pre-death damages. In some cases involving serious injury, the injured individual may live for a time prior to death. If, in such a hypothetical case, the individual incurs substantial medical expenses and experiences significant pain and suffering prior to death, the estate of such a decedent is
(more…)

Voices Insisting On Pursuit Safety: Heroes At Work

This entry is written in tribute to a little known non-profit association called Voices Insisting On Pursuit Safety. http://www.pursuitsafety.org/ VIPS is a group of dedicated volunteers who are trying to save lives through their work. Each of the members of this group unfortunately have experienced tragedies in their own lives typically as a result of a police pursuit gone bad. The board members of Voices Insisting On Pursuit Safety are those who have lost loved ones in tragic police pursuits where there was a reckless disregard of proper police procedure in the decision to either initiate the pursuit and/or recklessly continue the same in the face of dangerous circumstances, resulting in the death of an innocent family member caught up by happenstance in the chase.

(more…)

Another Police Chase: More Deaths

Another Police Chase: More Deaths
We read last week on the internet of a tragic story out of Parsons, Kansas. Unfortunately, the Kansas story is all too familiar and occurs each and every day in this country. What we refer to are dangerous and reckless police chase cases which regrettably and tragically all too often result in the deaths of innocent members of the public, unconnected to the chase, who just happen to be in the wrong place at the wrong time. The report we read out of Parsons, Kansas was one such occurrence.

(more…)

Non-Economic Damages In A Georgia Wrongful Death Case

As we have posted before, in Georgia the measure of damages is the full value of the life of the decedent. The full value of the life of the decedent is comprised of the economic value of the deceased’s normal life expectancy and the non-economic loss sustained at the time of the wrongful death. As to the non-economic component, this includes the joy of living itself, the loss of society, affection and companionship of a wife, children and other family members and generally what the
(more…)

Determining Economic Damages In A Wrongful Death Claim

In determining the economic value of a deceased’s life in Georgia, a jury is not bound by any fixed criteria in reaching its verdict. A Georgia jury may take into consideration the decedent’s age at the time of his/her death, heredity, health, physical condition, habits, character, education, prior earning capacity, the amount of money he or she was earning at the time of his death, any reasonable probability of increase or decrease or reduction in wages or salary, loss of employment, the probability of the
(more…)

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. 

(more…)

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. 

(more…)

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. 

(more…)

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.

(more…)

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.

(more…)

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.

(more…)

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
(more…)

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
(more…)

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
(more…)

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
(more…)

Secret Link