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.”
(more…)

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.
(more…)

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
(more…)

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
(more…)

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.
(more…)

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
(more…)

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.

(more…)

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
(more…)

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.

(more…)

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.

(more…)

When to Hire a Lawyer for Your Truck Accident Lawsuit

Truck accidents are disastrous and may leave the victims with terrible injuries and emotional trauma.

Often, navigating the aftermath of such accidents is overwhelming, especially with legal matters.

You might wonder if you should hire a lawyer for your truck accident lawsuit.

These cases are far from simple fender-benders; they are entangled in complex regulations involving multiple parties that may or may not make or break your claim.

Knowing when
(more…)

Navigating the Complexities: Common Challenges in Product Liability Cases

Product liability cases are really a maze of legal complexities, which leaves consumers and manufacturers alike scratching their heads over what happened.

Usually, in the aftermath of damage caused by a defective product, there will be disputes as to who is responsible and who deserves compensation.

There are several challenges that can complicate the process for all parties as these cases develop.

Knowing these challenges is therefore important for any party navigating this intricate landscape.

(more…)

How a Commercial Truck Accident Lawyer Can Help Maximize Your Compensation

Commercial truck accidents can cause devastating injuries, significant property damage, and financial losses that may affect victims and their families for years.

Unlike many standard car accident claims, truck accident cases can involve complex federal and state trucking regulations, multiple potentially liable parties, and substantial insurance policies.

After a serious crash, understanding your legal options and determining the full value of your claim can be challenging.

(more…)

5 Benefits of Product Liability Insurance for Businesses

Businesses that manufacture, distribute, import, or sell products can face financial and legal risks if a product allegedly causes bodily injury or property damage.

Even when a company takes reasonable steps to maintain product quality and safety, a product-related claim can lead to significant defense costs and other expenses.

Product liability insurance is designed to help protect businesses against certain claims arising from products they make, distribute, or sell.

Depending on the policy, coverage may help with eligible legal defense costs, settlements, or judgments, subject to policy terms, limits, deductibles, and exclusions.

(more…)

How Truck Accident Attorney Maximize Compensation for Victims

Truck accidents can result in severe injuries, extensive property damage, lost income, and long-term financial challenges.

Because commercial trucking claims often involve multiple potentially liable parties, federal and state regulations, and substantial insurance coverage, determining the full value of a claim can be more complicated than a typical car accident case.

A truck accident lawyer can help investigate the crash, preserve important evidence, identify all potentially responsible parties, and assess the short- and long-term impact of your injuries.

(more…)

Top 7 Questions to Ask Your Malpractice Lawyer in Atlanta before Taking Legal Action

Dealing with the aftermath of medical malpractice can be exhausting, especially when you are coping with the effects of a traumatic experience.

Whether you have experienced negligent treatment from a hospital or improper care from a physician, it is important to understand your rights and legal options.

Before hiring a malpractice lawyer in Atlanta, asking the right questions can help you evaluate an attorney’s experience, communication style, fees, and approach to your case.

Knowing the questions to ask a malpractice lawyer can also help you make a more informed decision about who is best suited to represent your interests.

Let’s explore seven important questions to ask before choosing a lawyer and taking legal action.

(more…)

Medical Malpractice Explained: The Role of a Specialized Injury Lawyer

Have you ever wondered what happens when health goes wrong?

This is a serious issue about medical malpractice that makes patients feel betrayed and helpless.

Being betrayed by the medical experts whom one had trusted is devastating; it touches lives and families.

If you have been harmed due to negligence or error in the medical field, understanding your rights is absolutely important.

This is a very complex area of law, so it requires more than basic knowledge, it really needs specialization.
(more…)

Class Action Lawsuits for Product Liability: How a Law Firm Can Help

The stakes are very high with product safety issues.

A single faulty item could also lead to significant damage and monetary loss for the consumer and commercial enterprise.

Therefore, product liability law firm has become a vital law branch that protects consumers from damaging hazards and pitfalls and protects manufacturers’ and distributors’ rights.

Class action suits often form a difficult stage of the journey to justice for victims of defective products.

Understanding Product Liability

(more…)

Common Challenges in Truck Accident Lawsuits and How to Overcome Them

It can very well be a highly calamitous truck accident.

It is indeed a serious injury with maximum damage to property.

The process that then usually follows this truck accident is bothersome and confusing.

Sometimes, an intricate knowledge of the complexities of the process works wonders in helping you get your truck accident lawsuit right.

Each step of this liability determination through settlement negotiation contains its own set of challenges.
(more…)

Understanding the Role of Medical Mistakes Lawyers: What You Need to Know

Unfortunately, medical errors often cut deep into a patient’s life, affecting not only the individual but also their family.

When people trust healthcare professionals with their health, it is essential to know where to turn when that trust is betrayed.

That is where medical malpractice lawyers fit into the picture.

They comprehend the legal landscape of malpractice cases and help victims achieve justice for their suffering.

But what is a medical mistakes attorney, exactly?

(more…)
Secret Link