Personal Injury & Wrongful Death

Settlement Releases In Personal Injury Cases

Anytime a serious injury case is settled for a particular amount of money, the insurance company for the at fault third party involved will insist on a Release of all claims, not only against their insured responsible for the damages but also for the insurance company issuing the check on their behalf. This is standard as part of any serious injury or personal injury case whereby monies are paid as consideration for a settlement. In all such cases, counsel should be conferred with because the
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Dangerous Toys On Shelves At Christmas

Dangerous hazards are still finding their way into toys despite recently improved safety standards, according to a report recently issued by the American Association for Justice.

According to the report, for years, corporations have knowingly shipped toys with hidden dangers like small parts, loose magnets, asbestos, and other toxic chemicals until outrage from parents and civil lawsuits forced regulators or manufacturers to act.

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Claims Against Georgia Counties: Waivers of Sovereign Immunity

There are limited waivers of sovereign immunity when it comes victims of the negligence of a county employee. Unless a county’s sovereign immunity has been waived by statute, there is no legal claim that can be filed. An example of a waiver of a county’s sovereign immunity is the waiver of sovereign immunity by law where a county employee is operating a county vehicle. There is a specific Georgia statute which provides for the waiver of sovereign immunity with respect to such claims. See O.C.G.A.
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Suing Uncle Sam: The Federal Torts Claim Act

The Federal Torts Claim Act is found at 28 U.S.C. § 1346. It provides for a limited waiver of sovereign immunity with respect to tortious acts committed by federal agents and employees. Under its provisions, only the United States of America may be named as a defendant, not the agency or employee who committed the tort. An administrative ante-litem notice must be filed within two (2) years after the claim accrues. There is a waiting period before suit can be filed against the United States which is either when the written denial occurs or six (6) months, whichever is earlier.

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Senate Passes Bill To Help Prevent Food Borne Illnesses

Today, the United States approved the biggest overhaul to the nation’s food safety laws since the 1930s. By a bipartisan vote of 73-to-25 the new law would gives new authorities to the Food and Drug Administration, places new responsibilities on farmers and food companies to prevent contamination, and for the first time, sets safety standards for imported foods.
The Senate vote was one of the few pieces of legislation to receive bipartisan approval in years. The House of Representatives approved a more stringent version of
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Suing State Government In Georgia: Exceptions to Sovereign Immunity

There is a State Tort Claims Act found at O.C.G.A. § 50-21-20, et. seq. The Act resulted from an amendment to the Georgia Constitution and became law in April of 1992. It was intended to provide a remedy for torts committed by State officers and employees and establishes a procedure to waive sovereign immunity under certain circumstances to allow suits against the State for tortious acts of state agents, employees and/or officers. Individual State officers and/or employees may not be named as a party to a lawsuit. Under the State Tort Claims Act, the exclusive remedy for a tort committed by a State employee is an action against the state agency involved and not against the employee personally.

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Nursing Homes Hide Behind Confusing Ownership

Our Atlanta based attorneys frequently pursue cases against nursing homes involving horrible neglect and abuse of elderly and disabled persons.
In most of these cases our attorneys must sort through a maze of companies and entities designed to hide the true ownership of these offending entities and thereby avoid responsibility.
It is encouraging to see that several national lawmakers in the health policy world now want want nursing homes to be more open about who’s running them.
Sens. Max Baucus (D-Mont.), Chuck Grassley (R-Iowa)
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Toy Safety Report Released

The U.S. Public Interest Research Group, a private consumer advocacy group, recently released its 25th annual study of toy safety. It reported that only a small fraction of children’s toys tested for toxic substances and choking risks have been found to violate federal safety regulations.

The group’s public health advocate commented that while the study did not find perfection in toy safety, it did indicate progress.

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Medical Errors Kill 15,000 Medicare Patients Each Month, According to Inspector General

A disturbing Inspector General report from the shows that medical errors are harming and killing our senior citizens at alarming rates.

An estimated 15,000 Medicare patients die each month, and many more are injured, because of usually preventable medical mistakes in hospitals and other facilities.

The report focused on “adverse events,” defined as “harm to a patient as a result of medical care, such as infection associated with use of a catheter,” and “never events,” which are specific “serious events, such as surgery on the wrong patient, that the National Quality Forum (NQF) deemed ‘should never occur in a health care setting.’”

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Suing The Government: Exceptions to Sovereign Immunity

Today we received a telephone call from a client who had been injured on some school property. The client was vaguely aware of the doctrine of sovereign immunity and unfortunately for this particular person their claim was completely barred by operation of law. Why: because of the doctrine of Sovereign Immunity?
The law has long been that lawsuits against government official performing their discretionary and official job functions are discouraged. If it were not otherwise there would be litigation every time someone disagreed with what
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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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