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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Choosing the Right Truck Accident Lawyer: Key Factors to Consider Before Hiring Representation

Truck accidents can be devastating, leading to severe injuries, property damage, and even fatalities. 

If you or a loved one has been involved in a truck accident, hiring the right lawyer is crucial to ensure you receive fair compensation for your losses. 

However, with so many options available, how do you choose the right truck accident lawyer? 

In this article, we’ll discuss the key factors to consider before hiring representation.
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Steps to Take After a Truck Accident: A Guide to Protecting Your Rights

Truck accidents can be overwhelming and traumatic experiences, often resulting in significant property damage, severe injuries, and even fatalities. 

The aftermath of such an incident is a critical time to ensure your rights are protected. 

Here’s a detailed guide on the steps you should take immediately after a truck accident to safeguard your legal and financial interests.

Ensure Safety and Seek Medical Attention

Prioritize Safety: The first and foremost step
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The Role of a Commercial Truck Accident Lawyer: What You Need to Know

Commercial truck accidents are among the most devastating types of road accidents due to the sheer size and weight of these vehicles. 

When a commercial truck is involved in an accident, the consequences can be catastrophic, resulting in severe injuries, significant property damage, and even fatalities. 

Navigating the aftermath of such an accident requires specialized legal expertise. 

This is where a commercial truck accident lawyer plays a crucial role. Here’s
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Warning: The Top 7 Signs You’re a Victim of Medical Malpractice

Medical malpractice is a serious issue that can have life-altering consequences for patients. 

When healthcare providers fail to meet the standard of care expected in their profession, patients can suffer harm. 

Recognizing the signs of medical malpractice is crucial for protecting your health and seeking justice if you’ve been a victim. 

Here are seven warning signs that you may be a victim of medical malpractice:

Unusual Complications or Symptoms

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Common Challenges in Product Liability Cases and How Law Firms Overcome Them

Product liability cases involve legal disputes arising from damages or injuries caused by defective products. 

These cases are crucial in holding manufacturers, distributors, and retailers accountable for ensuring the safety and efficacy of their products. 

The complexities inherent in product liability cases pose significant challenges for law firms, requiring specialized strategies and expertise to navigate successfully. 

This article delves into the everyday challenges encountered in product liability cases and explores
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Types of Product Liability Cases Handled by Experienced Law Firms

Product liability cases are a vital aspect of consumer protection and legal accountability. 

When products fail to meet safety standards or cause harm due to defects, consumers have the right to seek compensation for their injuries. 

Experienced law firms specialize in navigating the complexities of product liability law, representing clients in a wide range of cases. 

This article explores the various types of product liability cases handled by seasoned
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Critical Factors in Determining Liability: Insights from Product Liability Law Experts

Product liability cases are complex legal matters that require a deep understanding of various factors to determine liability. 

From defective products to inadequate warnings, numerous aspects must be carefully examined by legal experts. 

In this article, we delve into the key factors that play a pivotal role in determining liability in product liability cases, drawing insights from experts in product liability law.

Product Defects: 

One of the primary
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The Legal Process of Pursuing a Medical Injury Claim: A Lawyer’s Perspective

Pursuing a medical injury claim can be a complex and daunting process. 

From the initial recognition of harm to the final settlement or court verdict, each step requires careful navigation of legal principles, medical facts, and procedural rules. 

Here, we will outline the legal process of pursuing a medical injury claim from a lawyer’s perspective, providing insight into what plaintiffs can expect and how they can effectively manage their cases.

Understanding Medical
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Choosing the Right Representation: What to Look for in a Medical Injury Lawyer

Navigating the aftermath of a medical injury can be daunting and emotionally overwhelming. 

When you or a loved one has suffered due to medical negligence, finding the proper legal representation is crucial to ensure you receive the compensation and justice you deserve. 

However, choosing the right medical injury lawyer requires careful consideration of several vital factors. 

This article outlines what to look for in a medical injury lawyer to help
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Common Myths About Truck Accident Claims Debunked

Truck accidents can be devastating, often resulting in severe injuries, property damage, and even loss of life. 

In the aftermath of such accidents, navigating the legal process to file a claim can be overwhelming. 

Unfortunately, there are several myths and misconceptions surrounding truck accident claims that can further complicate matters for victims. 

In this article, we debunk some of the most common myths associated with truck accident claims to provide clarity
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