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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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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