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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The Role of Law Firms for Product Liability Claims

When a consumer uses a product, they trust that it will be safe and free from defects.

However, that is not always the case. 

Product defects can result in injuries, illnesses, or even death. 

In such situations, the role of Law Firms for Product Liability becomes critical. 

These legal professionals help consumers seek justice and compensation for harm caused by faulty or dangerous products. 
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Truck Accident Lawsuits and Liability: Who Is Responsible?

Truck accidents are among the most catastrophic and complex types of accidents on the road.

Due to the size and weight of commercial trucks, these accidents often result in significant damage, serious injuries, and sometimes fatalities. 

Determining liability in a truck accident lawsuit is critical, as it influences the outcome of compensation for victims and their families. 

The question of “who is responsible?” in a truck accident lawsuit can be multifaceted and requires
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Top Qualities to Look for in a Truck Accident Attorney

Truck accidents can be life-altering, leaving victims with significant injuries, financial hardships, and emotional trauma. 

Hiring the right truck accident attorney can make a substantial difference in how effectively you recover compensation for your losses. 

Choosing a lawyer equipped to handle the complexities of truck accident cases requires careful consideration. 

Below, we explore the top qualities you should look for in a truck accident lawyer to ensure you
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Understanding Product Liability: Insights from Legal Experts

In today’s dynamic marketplace, consumer products are a hot issue, and safety is the primary concern.

Product failures can lead to injuries, property damages, or financial losses.

When this happens, liability law sets the legal standards for the manufacturers, distributors, and retailers to be answerable for their products.

This all-inclusive guide gives you a comprehensive view from legal experts on understanding the concept of product liability law and its components and
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7 Key Steps to Finding the Right Medical Malpractice Lawyer for Your Case

It can feel overwhelming to navigate the world of medical malpractice when you’re experiencing the fallout of someone else’s negligence.

If you’ve been through an experience that saw healthcare fall short of your expectations, then you’ll probably ask how you should pursue the justice that is due you.

First of all, you will need a medical malpractice lawyer.

With so many attorneys, you will want to know what to look
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Why You Need a Truck Accident Lawyer: Understanding Your Legal Rights

Truck accidents can be very devastating.

When a large truck crashes into a smaller vehicle, the results are usually severe injuries or death.

If you have been involved in such an accident, it is important to understand your legal rights and options.

The aftermath of a truck accident is overwhelming and complicated.

Insurance companies will often push you to settle quickly, which might not reflect your
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Common Myths About Medical Injury Lawyers Debunked

The world of medical injury law can be daunting, especially with the many misconceptions that tend to blur judgment.

Medical injury lawyers play a crucial role in advocating for patients who have been injured as a result of negligence or malpractices.

However, many potential clients hesitate to seek help because they harbor common myths about these professionals.

This is where the myths are burst open, and real insight
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From Documentation to Negotiation: A Comprehensive Guide to Your Truck Accident Cases

Nobody expects to experience a truck accident, which is not only an overwhelming but also a traumatic incident.

Going beyond the immediate physical and emotional repercussions of a truck accident case would feel like navigating through a maze to understand your rights, gather evidence, and negotiate with insurance companies to claim the compensation you deserve.

This in-depth guide takes you through every step of your truck accident cases—from the minutes following
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The Role of Product Liability Law Experts in Consumer Protection

Consumers are in touch with the products that guarantee safety and satisfaction on a daily basis.

However, what happens when such products fail to do so?

The stakes in the current market are so high that one faulty product can result in serious injuries or even fatalities.

It is in such scenarios that product liability law experts come into play.

They don’t only go through the very thick and heavy
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What to Look for in a Defective Product Attorney

A defective product has, no doubt, hurt you, making the process of justice overwhelming.

The cost is sky-high, and so is the search for legal representation.

Enter the realm of defective product attorneys, specialists who know how to navigate intricate laws to fight for your rights.

How do you go about choosing one?

What kind of qualities should they possess in order for you to be in good hands?

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