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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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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