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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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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