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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Managing Financial Strain After a Truck Accident: Expert Advice for Navigating Costs

Truck accidents can be life-altering events, not only due to the physical and emotional trauma but also because of the significant financial burden they often bring. 

From medical bills to vehicle repairs, the costs can quickly accumulate, leaving victims in a precarious economic situation. 

However, with the right strategies and expert advice, it is possible to manage these financial strains effectively. 

Here’s a comprehensive guide on navigating the costs associated with
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Overcoming the Emotional and Psychological Toll of a Truck Accident

Due to the sheer size and weight of commercial trucks, truck accidents are among the most devastating incidents on the road. 

While physical injuries often dominate the conversation, the emotional and psychological toll of such accidents is equally significant and far-reaching. 

Overcoming the aftermath of a truck accident involves addressing both the visible and invisible wounds. 

This article delves into the emotional and psychological impacts of
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Recovering from Physical Injuries After a Truck Accident: Essential Steps for Healing

Truck accidents can be devastating, leading to severe physical injuries that require comprehensive and prolonged recovery processes. 

The aftermath of such an accident often involves not only dealing with physical pain and injuries but also navigating emotional trauma and financial burdens. 

This article will guide you through the essential steps for healing from physical injuries after a truck accident, emphasizing medical care, rehabilitation, lifestyle adjustments, and mental health support.

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What Is an Average Truck Accident Settlement?

Truck accidents are among the most devastating types of collisions on the road, often resulting in severe injuries, extensive property damage, and significant financial burdens for victims. 

Understanding the process and typical outcomes of truck accident settlements is essential for anyone involved in such incidents. 

This article delves into the factors that influence these settlements, explores average settlement amounts based on case examples, discusses legal considerations, and provides guidance on navigating this complex legal landscape.
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Should I Hire A Lawyer After A Minor Car Accident?

Car accidents, even minor ones, can be unsettling and leave you wondering about your legal rights and responsibilities. 

One of the common questions that arise after a minor car accident is whether it’s necessary to hire a lawyer. 

While every situation is unique, understanding the factors involved can help you make an informed decision.

Understanding Minor Car Accidents

Firstly, let’s clarify what constitutes a minor car accident. 

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How Long Does a Truck Accident Claim Take?

Being involved in a truck accident can be a traumatic experience, often followed by the complex process of seeking compensation for damages incurred. 

Understanding how long a truck accident claim takes can provide clarity and manage expectations during this challenging time.

Initial Steps After a Truck Accident

The duration of a truck accident claim can vary significantly based on several factors, starting from the moment the accident occurs:

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5 Common Causes of Truck Accidents in Georgia

Truck accidents are a significant concern in Georgia, where the convergence of bustling highways, economic hubs, and extensive freight networks creates a high-risk environment for large vehicles.

Understanding the common causes of these accidents is essential for both prevention and response. 

Here, we explore five predominant factors contributing to truck accidents in Georgia.

Driver Fatigue

Overview: Driver fatigue is a leading cause of truck accidents. Long hours on the road, tight delivery
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10 Top Questions to Ask Your Product Liability Lawyer Before Hiring

When dealing with a product liability case, selecting the right lawyer is crucial to the success of your claim. 

This type of legal case can be complex, involving intricate details of product design, manufacturing processes, and consumer safety standards. 

Therefore, it’s essential to have an experienced and knowledgeable lawyer by your side. Here are ten top questions to ask your potential product liability lawyer before making your hiring decision.

What is Your
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Common Types of Product Liability Claims and How to Pursue Them

Product liability refers to the legal responsibility of manufacturers, distributors, suppliers, and retailers for injuries or damages caused by their products. 

When a product is defective or dangerous, consumers have the right to seek compensation through product liability claims. 

Understanding the types of claims and the legal process involved can empower consumers to protect their rights effectively.

Types of Product Liability Claims

Defective Design

A design defect occurs
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Comprehensive Guide to Navigating Product Liability Lawsuits Successfully

Product liability lawsuits represent a critical intersection of consumer protection and corporate responsibility in the marketplace. 

These legal proceedings arise when individuals are harmed or incur damages due to defective products, holding manufacturers, distributors, and retailers accountable for ensuring product safety. 

Navigating these complex legal waters requires a thorough understanding of product liability law, strategic planning, and meticulous execution. 

This comprehensive guide aims to provide a detailed overview of product
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