Personal Injury & Wrongful Death

Loss Of Chance of Survival Recoveries

The Massachusetts Supreme Judicial Court affirmed a $328,135 jury award to a widow and her son based on her husband’s lost chance of recovery resulting from a doctor’s negligence in not treating his stomach cancer. This ruling based upon the theory of “loss of chance” damages is being applauded by plaintiffs’lawyers.
The court held that the family could recover even though the victim had less than a 50-percent chance of survival when he first sought treatment. The “loss of chance” doctrine eases the burden for
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Allstate Named Worst Insurance Company

To identify the worst insurance companies for consumers, researchers at the American Association for Justice (AAJ) conducted a comprehensive investigation of thousands of
court documents, SEC and FBI records, state insurance department investigations and complaints, news accounts from across the country, and the testimony and depositions
of former insurance agents and adjusters. The AAJ final list includes companies across a range of different insurance fields, including homeowners and auto insurers, health insurers, life insurers, and disability insurers.
Allstate stood out as the worst insurance company
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Defective Knee & Hip Joints – A Need For a National Joint Registry

As Atlanta injury lawyers, we see many accident victims undergo knee and hip replacement surgery every year. Many of these victims are injured as a result of automobile and truck accidents and many result from work related injuries. The fact is nearly one million hips and knees were replaced last year in the United States alone. This represents approximately one-half (½) of the world’s total, making the U.S. the largest provider and user of implants.
Although the Food and Drug Administration is charged with monitoring
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Medicare Attempts To Prevent Hospital Injuries

We have previously written about the federal government’s new policy restricting Medicare payments to hospitals for the extra care required to treat patients harmed by certain preventable infections and medical errors. Now the federal government is expanding the program in an attempt to to provide hospitals with a financial incentive to improve patient care.
Under the expanded policy, Medicare will not make payments to hospitals for care needed after patients suffer from certain surgical site infections (specifically for total knee replacement, laparascopic gastric bypass and
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Georgia Should Ban Cell Phone Use While Driving

On July 1 of this year the state of California provided a great example for the state of Georgia in prohibiting by law drivers in California from holding a phone and talking while driving. Under the new law, a driver is prohibited from talking on a hand held cell phone while driving. Blue tooth handless cell use is permitted. There is also an exception for emergencies under this new law, however, obviously, the law is intended to promote safety awareness by drivers who are oftentimes
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Deaths Linked to Contaminated Heparin

According to an Article in The Chicago Tribune, the Food and Drug Administration conclusively has linked 3 patient deaths to a foreign substance found in specific lots of Heparin, a drug manufactured by Baxter International. According to the news report, the FDA completed its review of 93 reports of deaths related to Heparin that were received from January through the end of March, a period when there was a huge spike in the potentially deadly allergic reactions from patients who had been injected with this
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Allstate Bad Faith

Allstate Insurance Company is known by plaintiff’s attorneys for engaging in bad faith tactics. Last week, the Missouri Court of Appeals upheld a jury verdict that hit Allstate with more than $16 million in damages for bad faith tactics.
On March 24, 2000, Wayne Davis Jr., while drunk, drove his truck across the center line of a roadway and hit a compact car head-on. The force of the collision pushed the car back more than 100 feet. The driver and the passenger survived but suffered
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Dangerous Tires Threaten The Public

According to the National Highway Traffic and Safety Administration, last summer, more than 380,000 defective tires were recalled from the market. What is more troubling than this number is the fact that experts agree that less than 20% of the public was aware of the recalls involved. Accordingly, 80% of the defective tires are still being used and are probably on the roads today. In short, recall notices are rarely received and thus the entire public remains at risk as a result of the continued
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The Wreckage Of A Wrongful Death Case: More Than Meets The Eye

On April 30 of this year on a busy interstate here in Atlanta, a Ms. Katherine Armstrong was killed when involved in a collision with an armored truck on a busy interstate highway in Atlanta. The driver of the truck was later charged with vehicular homicide. Ms. Armstrong was cleared of any wrongdoing. Based on what we have learned about this tragic incident, however, the emotional, psychological, physical and monetary damage caused by this wrongful death incident does not stop with the death itself but
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Accident Data To Be Released To The Public

In a major victory for consumers, the U.S. Court of Appeals for the District of Columbia ruled last week that information that automobile and tire manufacturers submit to the government about crashes resulting in death, injury and property damage is subject to release to the public under the Freedom of Information Act (FOIA).
The case was brought by the public interest consumer group Public Citizen. In its ruling the Court rejected the argument of the Rubber Manufacturers Association that it is exempt from FOIA’s disclosure
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Understanding Product Liability Law: Key Information for Consumers

Product liability law is a cornerstone of consumer protection, ensuring that products sold in the marketplace are safe for their intended use. 

This guide delves deeper into the nuances of product liability, empowering consumers with essential knowledge to navigate potential risks and legal rights effectively.

Introduction to Product Liability Law

Product liability law holds manufacturers and sellers accountable for ensuring that their products do not cause harm to consumers. 

It encompasses a
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Why Hiring Specialized Lawyers for Product Liability Is Crucial for Your Case

Product liability cases can be complex legal battles, often involving injuries, damages, and intricate legal principles. 

Whether you’re a consumer harmed by a defective product or a manufacturer facing a claim, navigating these cases requires expertise and experience in product liability law. 

Here’s why hiring specialized lawyers for product liability is crucial for the success of your case.

Expertise in Product Liability Law

Product liability law encompasses a range of legal doctrines
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How Medical Mistakes Lawyers Can Assist You in Filing a Claim

Medical mistakes can have profound consequences for patients, ranging from physical injury to emotional distress and financial burdens. 

In such cases, seeking legal assistance becomes crucial to navigate the complexities of filing a claim and seeking justice.

Understanding Medical Mistakes

Define what constitutes a medical mistake, including errors in diagnosis, surgical errors, medication errors, and failures in treatment protocols. 

Highlight the impact these mistakes can have on patients’ lives.

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5 Common Defenses in Truck Accident Lawsuits

Truck accidents are often severe due to the size and weight of commercial trucks compared to passenger vehicles.

When these accidents occur, the resulting lawsuits can be complex, involving multiple parties and significant financial stakes.

Defendants in truck accident lawsuits—typically the truck driver, trucking company, or insurance providers—employ various defenses to mitigate or avoid liability.

Understanding these defenses is crucial for anyone involved in or affected by such incidents.

Here are five common defenses in
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How do I find the right product liability lawyer for my case?

Finding the right product liability lawyer for your case is crucial to ensure you receive fair compensation and justice. 

Product liability cases can be complex, involving intricate laws and regulations, so having an experienced and skilled attorney is essential. 

Here’s a detailed guide on how to find the right product liability lawyer for your case:

Understand the Basics of Product Liability

Before you start your search, it’s essential to understand product liability. 
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What steps are involved in filing a product liability lawsuit?

Product liability lawsuits are legal actions taken by consumers who have been injured or suffered damages due to defective products. 

These cases hold manufacturers, distributors, suppliers, and retailers accountable for selling faulty products to consumers. 

Filing a product liability lawsuit involves several critical steps, each of which is essential to building a strong case and seeking appropriate compensation.

Step 1: Understanding the Basis for the Lawsuit

Before initiating a lawsuit, it
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What is product liability law, and how does it protect consumers?

Product liability law is a legal framework designed to hold manufacturers, distributors, suppliers, retailers, and other entities accountable for injuries caused by defective or dangerous products. 

This area of law ensures that consumers are protected from harm and can seek compensation if a product injures them. 

The primary aim is to encourage companies to prioritize product safety and to provide a legal remedy for those harmed by defective products.

Critical Concepts in Product
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What types of compensation can be sought in a product liability case?

In today’s consumer-driven society, product liability cases are not uncommon. 

When a product fails to meet safety standards or causes harm due to defects, the legal concept of product liability comes into play. 

In such cases, individuals who suffer injuries or damages may seek compensation for their losses. 

Understanding the types of compensation available in product liability cases is crucial for both consumers and manufacturers.

Compensatory Damages:

Compensatory damages
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Dealing with Insurance Companies in Medical Injury Claims: Tips from Legal Experts

Navigating the complexities of medical injury claims can be daunting, especially when dealing with insurance companies. 

These entities wield significant power and often have teams of legal experts on their side. 

However, armed with the proper knowledge and strategies, individuals can effectively negotiate with insurance companies to secure fair compensation for their injuries. 

In this article, we’ll delve into valuable tips from legal experts on how to navigate the process of
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Finding the Right Medical Injury Lawyer: Factors to Consider in Your Search

Medical injuries can be devastating, both physically and emotionally. 

When faced with the aftermath of a medical injury, seeking legal representation may become necessary to ensure justice and compensation for the damages incurred. 

However, choosing the right medical injury lawyer can be a daunting task. 

With so many options available, it’s essential to consider several factors in your search to ensure you find the best representation for your case. 
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