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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Top 10 Questions to Ask Before Hiring a Truck Accident Lawyer

In the aftermath of a truck accident, navigating legal proceedings can be overwhelming. From mounting medical bills to complex insurance claims, victims often find themselves in need of legal assistance. Choosing the right truck accident lawyer is crucial to ensuring fair compensation and navigating the complexities of the legal system. To aid in this process, here are the top 10 questions to ask before hiring a truck accident lawyer.

10 questions to ask before hiring a truck accident lawyer

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The Role of Medical Malpractice in Truck Accident Cases: How to Seek Justice

Truck accidents can have devastating consequences, often resulting in serious injuries, fatalities, and significant property damage. When such accidents occur, the focus is often on factors like driver fatigue, distracted driving, or mechanical failures. However, another crucial aspect that can impact the outcome of truck accident cases is medical malpractice.

Medical malpractice refers to negligence or errors committed by healthcare professionals, including doctors, nurses, and hospital staff, in providing medical treatment to patients. In the context of truck accidents, medical malpractice
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5 Common Causes of Truck Accidents: Insights from a Truck Accident Lawyer

Introduction: Truck accidents can be devastating, often resulting in serious injuries, fatalities, and significant property damage. As a truck accident lawyer, I have witnessed firsthand the aftermath of these tragic incidents. Understanding the common causes of truck accidents is crucial for both truck drivers and other motorists to mitigate risks and enhance road safety. In this article, we will delve into five prevalent factors contributing to truck accidents based on insights gained from legal expertise and industry knowledge.

Driver Fatigue:

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How Inexperienced Driving Can Lead to Truck Accidents 

Driving is a complex skill that demands attention, experience, and a deep understanding of road safety principles. 

When it comes to handling large vehicles like trucks, the stakes are even higher. 

Inexperienced driving, characterized by a lack of practice, knowledge, or training, poses significant risks on the road. 

This article delves into the intricate relationship between inexperienced driving and truck accidents, shedding light on the various factors contributing to this

alarming phenomenon.

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Exploring the Relationship Between Strict Liability and Product Liability

Understanding the relationship between these two legal concepts is crucial for navigating the complexities of modern commerce and consumer protection laws.

History of Product Liability Laws

Product liability laws have evolved significantly over time, reflecting changing societal attitudes towards consumer safety and accountability. 

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Identifying Causes of Birth Brain Injury Could Prevent Complications

Birth brain injury is a significant concern affecting infants worldwide. 

Understanding the causes of birth brain injury is crucial for preventing complications and ensuring better outcomes for newborns. 

This article explores the various factors that contribute to birth brain injury and emphasizes the importance of early identification and intervention.

Understanding Birth Brain Injury

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Is a Cancer Misdiagnosis Considered to Be Medical Malpractice?

Medical malpractice is a serious concern within the healthcare industry, with patients relying on accurate diagnoses for effective treatment and care. 

However, in cases where a cancer diagnosis is incorrect or delayed, questions arise regarding whether such errors constitute medical malpractice. 

This article delves into the complexities of cancer misdiagnosis and its legal implications, providing insights into the challenges faced by patients and healthcare professionals alike.

In the realm of healthcare, accurate diagnosis

forms the cornerstone of effective treatment.

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Charged with Hit and Run in Georgia?

Hit and run incidents can be distressing and legally complex situations, particularly in the state of Georgia.

Understanding the nuances of hit and run charges, penalties, and legal options is crucial for anyone facing such allegations. 

This article aims to provide comprehensive guidance through ten frequently asked questions about being charged with hit and run in Georgia.

Hit and run incidents involve a driver leaving the scene of an accident without providing necessary information or

assistance to the affected parties.

 In Georgia, as in most jurisdictions, hit and run is considered a serious offense with severe legal consequences.

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Locating a Car Accident Lawyer Nearby

Car accidents are distressing events that can leave individuals facing significant physical, emotional, and financial burdens. 

In such challenging times, having the right legal representation is crucial for navigating the complexities of the legal system and seeking fair compensation for damages incurred. 

However, finding a car accident lawyer nearby who is experienced, reputable, and trustworthy can be a daunting task. 

This comprehensive guide aims to provide valuable insights and practical tips

for locating a car accident lawyer nearby.

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Navigating Car Accidents in Atlanta, Georgia: A Comprehensive Guide

Navigating the aftermath of a car accident in Atlanta, Georgia, requires a comprehensive understanding of the intricacies involved. 

Whether you’re a resident or a visitor, knowing the essential steps to take can make a significant difference in handling such challenging situations.

Common Causes

Weather Conditions

Atlanta’s unpredictable weather can contribute to road hazards. 

From sudden rainstorms to icy conditions, understanding how weather affects driving can help prevent accidents.

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