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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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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