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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10 Key Factors in Winning a Medical Injury Case

Medical injuries change people’s lives forever.

The legal medical injury claim process becomes vital when you or your loved one gets victimized.

This process is highly complex, but knowing what to do will give you a much higher chance of winning.

Whether it’s an error in the hospital, misdiagnosis, or surgical mistakes, having access to necessary information will prove effective in your fight.

This guide breaks down ten critical factors and how they empower you on your path to justice and compensation for your suffering.
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Medical Injury Lawyer Selection: Tips for Choosing the Right Attorney for Your Truck Accident Claim

Truck accidents are usually liable to inflict grave injuries and disputed legal litigation.

If you are a victim of a truck accident, you may undergo medical bills, loss of income, and psychological damage.

To obtain adequate compensation, one must choose a medical injury lawyer wisely and adequately.

In this article, we will discuss the essential qualities you should look for when selecting a medical injury lawyer for your truck accident claim.

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Checkout Things That You Must Know Before Hiring Truck Accident Lawyer

When you navigate the aftermath of a truck accident, the challenges can feel overwhelming.

From dealing with injuries to managing the complexities of legal matters, having the right support is crucial.

A truck accident lawyer specializes in cases involving large commercial vehicles, which differ significantly from standard car accidents.

If you or a loved one has been involved in a truck accident, hiring the right lawyer can make a world of difference.

Below, we’ll explore
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Get Legal Support From Expert Semi Truck Accident Lawyers in Atlanta

Atlanta’s bustling roads experience heavy traffic, increasing the risk of semi truck accidents.

These massive vehicles, often weighing up to 80,000 pounds when fully loaded, can cause devastating harm in collisions.

Unlike typical car accidents, the impact of semi truck accidents can lead to catastrophic injuries, multiple fatalities, and extensive property damage.

This alarming reality makes semi truck accidents a significant concern for victims and the legal system alike.

The sheer size and weight of
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Top Causes of Trucking Accidents and How a Lawyer Can Help You Seek Justice

Every day, large trucks navigate our highways and byways, transporting goods crucial for our economy.

While this activity is essential for keeping supply chains moving, it also brings significant dangers.

Trucking accidents can lead to catastrophic outcomes, including severe injuries and loss of life.

The sheer size and weight of these vehicles often result in devastating consequences when accidents occur.

Understanding the causes of trucking accidents is critical for drivers and pedestrians
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7 Must Have Qualities for Product Liability Lawyer in Atlanta

Product liability law is essential for protecting consumers from hazardous products.

From faulty appliances to defective medications and unsafe toys, these cases can lead to significant consequences for individuals and families.

When you find yourself navigating the aftermath of such incidents, the legal landscape can feel overwhelming.

This is why hiring a qualified product liability lawyer in Atlanta is crucial.

The right attorney will help you understand your rights and
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Principles and Legal Frameworks of Product Liability Law

Product liability law is vital for ensuring consumer safety and holding businesses accountable for their products.

This area of law mandates that manufacturers, distributors, and retailers are responsible for the items they sell.

When a product fails to meet safety expectations, resulting in injury or damage, it can lead to serious legal consequences for all parties involved.

Grasping the nuances of product liability law is crucial for both consumers seeking justice and
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How to Find the Best Truck Accident Lawyer Near You

Truck accidents can be serious, and they often cause much more damage than accidents involving regular cars.

Trucks are much bigger and heavier, so when they’re involved in a crash, the injuries and damage can be devastating.

If you or someone you love has been in a truck accident, it’s important to find the right lawyer to help you through the process.

Choosing the best truck accident lawyer can make a huge difference in
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Understanding Product Liability Insurance: Coverage, Benefits, and Considerations

Every business owner understands the necessity of delivering quality products.

However, despite your best efforts, unforeseen issues can arise.

Imagine a customer using your product and suffering an injury or property damage as a result.

This is where product liability insurance comes into play.

It acts not just as a safety net, but as a critical component for protecting your brand and financial future.

With the rise in consumer awareness
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Why Specialized Lawyers for Medical Malpractice Are Crucial for Your Case

When you seek medical care, you trust healthcare professionals to prioritize your well-being.

Unfortunately, that trust can sometimes be shattered by negligence or malpractice.

Medical malpractice cases are complex and emotionally charged, often leaving victims feeling overwhelmed and unsure of their next steps.

Navigating the labyrinth of laws, regulations, and medical standards requires a level of expertise that general lawyers may not possess.

This is where specialized lawyers for medical malpractice become indispensable allies in
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