Personal Injury & Wrongful Death

Structured Settlements For Minors

With today’s low interest rates, sometimes it makes little or no sense to structure a portion of a personal injury settlement. If a case settles for a particular amount, it is always advisable to consider whether structuring a portion of the settlement money into an annuity by way of a tax free investment might be in the best interest of the client. When minor children are involved, sometimes investing in a long term annuity can not only protect the corpus of the funds but
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Evaluating Wrongful Death Cases Involving Children

One of the most tragic kinds of case that we encounter is that involving the death of a child. Oftentimes it is in the context of a serious automobile collision but obviously death due to negligent behavior comes in a variety of forms. It is particularly difficult to deal with the death of a innocent child. It is also difficult to evaluate such a claim because of the emotions involved. Nonetheless, there are criteria that can be used in evaluating such claims even though financial “compensation” for such a loss is essentially an oxymoron when it comes to the death of a child.

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Assessing Damages In A Burn Injury Case

In those serious injury cases where the damage is a burn injury and significant scarring or disfigurement is present, it sometimes is difficult to estimate the settlement value of such a claim. Even if the plastic surgeon is able to give a reliable figure of future medical expenses, assuming more surgery is needed to address the problem, nonetheless, these cases are difficult to evaluate because most of the damages are intangible. The disfigurement of the scar, where the scar is located, whether it can
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Boating Under The Influence: A Deadly Combination

We read in the paper this week about a tragedy which occurred on Lake Lanier outside of Atlanta. A ski boat being operated by an individual under the influence of alcohol crashed head-on into a pontoon boat occupied by 13 people. Many of the people on the pontoon boat were seriously injured and apparently two young boys killed. As of the date of this blog, the authorities were still searching for a missing 9-year old boy. The driver of the ski boat was under the
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Punitive Damages In A Wrongful Death Context

Because damages in a wrongful death context are measured from the standpoint of the decedent and are considered under Georgia case authority to be somewhat punitive since the damages include compensation for the full value of the life of the decedent, in a wrongful death case, per se, punitive damages cannot be sought. However, in a case where there has been pre-impact fright and terror, pain and suffering associated with injuries prior to death and/or property damages sustained by the estate, the estate can
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Estate Claims In A Wrongful Death Context

As we have posted before, in a wrongful death context, the heirs-at-law have a claim for damages for the full value of the life of the decedent whereas the Administrator of the estate has a claim for pre-death damages. In some cases involving serious injury, the injured individual may live for a time prior to death. If, in such a hypothetical case, the individual incurs substantial medical expenses and experiences significant pain and suffering prior to death, the estate of such a decedent is
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Voices Insisting On Pursuit Safety: Heroes At Work

This entry is written in tribute to a little known non-profit association called Voices Insisting On Pursuit Safety. http://www.pursuitsafety.org/ VIPS is a group of dedicated volunteers who are trying to save lives through their work. Each of the members of this group unfortunately have experienced tragedies in their own lives typically as a result of a police pursuit gone bad. The board members of Voices Insisting On Pursuit Safety are those who have lost loved ones in tragic police pursuits where there was a reckless disregard of proper police procedure in the decision to either initiate the pursuit and/or recklessly continue the same in the face of dangerous circumstances, resulting in the death of an innocent family member caught up by happenstance in the chase.

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Another Police Chase: More Deaths

Another Police Chase: More Deaths
We read last week on the internet of a tragic story out of Parsons, Kansas. Unfortunately, the Kansas story is all too familiar and occurs each and every day in this country. What we refer to are dangerous and reckless police chase cases which regrettably and tragically all too often result in the deaths of innocent members of the public, unconnected to the chase, who just happen to be in the wrong place at the wrong time. The report we read out of Parsons, Kansas was one such occurrence.

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Non-Economic Damages In A Georgia Wrongful Death Case

As we have posted before, in Georgia the measure of damages is the full value of the life of the decedent. The full value of the life of the decedent is comprised of the economic value of the deceased’s normal life expectancy and the non-economic loss sustained at the time of the wrongful death. As to the non-economic component, this includes the joy of living itself, the loss of society, affection and companionship of a wife, children and other family members and generally what the
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Determining Economic Damages In A Wrongful Death Claim

In determining the economic value of a deceased’s life in Georgia, a jury is not bound by any fixed criteria in reaching its verdict. A Georgia jury may take into consideration the decedent’s age at the time of his/her death, heredity, health, physical condition, habits, character, education, prior earning capacity, the amount of money he or she was earning at the time of his death, any reasonable probability of increase or decrease or reduction in wages or salary, loss of employment, the probability of the
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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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