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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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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