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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Key Steps in Building Your Truck Accident Case with Your Lawyer

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

When you’re involved in a truck accident, navigating the legal process can be complex and overwhelming. 

Building a solid case with the help of a skilled lawyer is crucial to ensuring you receive the compensation you deserve. 

In this article, we’ll outline the critical steps in building your truck accident case with your lawyer.
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The Importance of Hiring a Specialized Truck Accident Lawyer

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

When faced with the aftermath of a truck accident, individuals may find themselves overwhelmed by the complexities of navigating legal proceedings while coping with physical and emotional trauma. 

In such challenging times, the importance of hiring a specialized truck accident lawyer cannot be overstated. 

These legal professionals possess the expertise, resources, and
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Commercial Truck Accidents: Understanding Your Rights with a Lawyer’s Guidance

Commercial truck accidents are among the most devastating incidents on our roads. 

The sheer size and weight of these vehicles mean that when accidents occur, the consequences can be catastrophic. 

In such instances, knowing your rights and seeking legal guidance is crucial. 

This article aims to provide insight into the complexities of commercial truck accidents and the importance of consulting with a lawyer to understand and protect your rights.

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Top 5 Common Types of Product Liability Cases Explained

In today’s consumer-driven world, product liability cases have become increasingly prevalent. From faulty electronics to contaminated food items, consumers are often exposed to various risks associated with the products they use daily. Understanding the common types of product liability cases is crucial for both consumers and manufacturers alike. This comprehensive guide will delve into the top five common types of product liability cases, providing insights into their causes, legal implications, and preventive measures.

Defective Manufacturing

Defective manufacturing occurs when
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Successful Legal Strategies Used by Truck Accident Lawyers

Truck accidents can leave devastation in their wake, both physically and emotionally. In the aftermath, victims often find themselves grappling with injuries, mounting medical bills, and uncertainty about their future. This is where the expertise of truck accident lawyers becomes indispensable. These legal professionals specialize in navigating the complex terrain of truck accident cases, employing a variety of successful legal strategies to secure justice and compensation for their clients.

Understanding the Complexity of Truck Accident Cases

Truck accident cases
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Navigating Truck Accident Lawsuits: Product Liability & Medical Malpractice

In the realm of personal injury law, few incidents carry the potential for devastation, quite like truck accidents. These collisions often result in severe injuries, significant property damage, and, tragically, loss of life. When such accidents occur, victims and their families are thrust into a complex legal landscape where multiple factors may contribute to the incident’s cause and subsequent liability.

Understanding Truck Accident Lawsuits

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Common Injuries in Truck Accidents: When to Consult a Medical Malpractice Attorney

Truck accidents can have devastating consequences, often resulting in severe injuries and significant trauma for those involved. 

Understanding the common injuries that occur in truck accidents and knowing when to seek legal assistance from a medical malpractice attorney can be crucial for victims seeking compensation and justice. 

In this comprehensive guide, we’ll delve into the various types of injuries frequently sustained in truck accidents and explore the circumstances under which consulting a medical malpractice attorney
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Navigating the Roads of Justice: The Importance of Hiring a Specialized Truck Accident Lawyer

In the vast network of highways and byways that crisscross our nations, commercial trucks are the lifeblood of commerce, transporting goods from coast to coast.

However, with this vital role comes a sobering reality: the potential for accidents involving these massive vehicles is ever-present.

In the aftermath of a truck accident, the consequences can be catastrophic, leaving victims grappling with injuries, financial burdens, and emotional trauma.

In such dire circumstances, the importance of hiring a specialized truck accident lawyer cannot be overstated.

Navigating Complex Regulations:

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Medical Malpractice in Truck Accidents: Key Legal Considerations

In the world of personal injury law, truck accidents present a unique set of challenges. 

Not only do these incidents often result in severe injuries and damages, but they can also involve complex legal issues, including the potential for medical malpractice. 

When medical professionals fail to meet the standard of care expected of them, especially in the context of treating injuries sustained in a truck accident, the repercussions can be significant. 

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Navigating Complexities: How a Truck Accident Lawyer Can Help with Products Liability Claims

In the realm of personal injury law, navigating the intricacies of truck accidents and product liability claims requires a skilled legal professional. When a truck accident occurs due to a defective product, the legal landscape becomes even more complex. This article delves into the role of a truck accident lawyer in handling product liability claims, shedding light on the challenges involved and the ways in which legal expertise can make a significant difference.

Understanding Truck Accidents and Product Liability: 

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