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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Navigating Your Claim with an Atlanta Bus Accident Attorney

The road to justice may seem daunting if you are involved in a bus accident in Atlanta. 

However, having the right Atlanta bus accident attorney by your side can make all the difference. 

Let’s explore how these legal professionals navigate your claim, ensuring you understand the process every step of the way. 

Understanding the First Steps

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Legal Compass for Healing: Atlanta Brain Injury Attorney Tips

Atlanta, the bustling capital of Georgia, is a city where life moves quickly. 

Amidst the vibrancy, accidents can happen, and unfortunately, brain injuries are not uncommon. 

In such challenging times, having the right legal support becomes crucial. 

Here’s your comprehensive guide on navigating the legal landscape with an Atlanta brain injury attorney.

Understanding the Terrain

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Hiring the Right Advocate: A Guide to Medical Negligence Attorneys in Atlanta

Pursuing justice in medical negligence cases in Atlanta requires a skilled legal ally. 

Finding the right attorney is crucial when you or a loved one has experienced harm due to medical malpractice. 

A Medical Negligence Attorney in Atlanta can be the key to navigating the complex legal terrain and securing the compensation you deserve.

Understanding Medical Negligence

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Common Types of Negligence Cases in Atlanta Explained

Negligence is a legal concept that plays a pivotal role in various types of lawsuits, shaping the outcome of cases involving personal injury, property damage, or financial loss. 

In Atlanta, as in many other cities, negligence cases encompass a wide array of scenarios where someone’s careless actions or failure to act responsibly cause harm to others. 

Understanding these common types of negligence cases can shed light on the legal landscape in Atlanta.

Motor Vehicle Accidents: Among the most prevalent negligence cases in Atlanta are those involving motor vehicle accidents. 

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Damages in a Georgia Medical Malpractice Case

Understanding the intricacies of damages is crucial in legal battles concerning medical malpractice. 

These cases involve compensation for various losses incurred by the plaintiff due to negligent medical care. 

Contrary to popular belief, the scope of damages in a medical malpractice case is not vastly different from those in typical personal injury cases. 

Both general and special damages constitute the core elements of compensation that a plaintiff is entitled to recover.

General Damages: Pain, Suffering, and Beyond

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Time Limitations in Georgia Medical Malpractice Cases

Time is a pivotal factor in legal proceedings, especially when dealing with medical malpractice cases in Georgia. 

These cases come with stringent limitations and exceptions, shaping the window of opportunity for seeking justice. 

Understanding the intricacies of these limitations is crucial, as they significantly impact the ability to pursue a case successfully.

Statute of Limitations: A Race Against Time

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How to Find the Best Medical Malpractice Attorney in Atlanta

Medical malpractice is a complex and emotionally charged area of law. 

When faced with a situation where you suspect you’ve been a victim of medical negligence, finding the right attorney in Atlanta becomes crucial. 

Their expertise and experience can significantly impact the outcome of your case. 

Here’s a comprehensive guide to help you navigate the process and find Atlanta’s best medical malpractice attorney.

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Steps to Take After a Product Liability Incident in Atlanta

Facing a product liability incident in Atlanta can be overwhelming and upsetting. 

Whether it’s a defective product causing injury or harm, knowing the necessary steps to take in the aftermath is crucial. 

Here’s a comprehensive guide on navigating such situations, ensuring your safety, and protecting your rights.

Seek Immediate Medical Attention

After sustaining an injury due to a defective product, the priority is seeking medical assistance. 

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Navigating Malpractice Negligence Claims in Atlanta: An ABC Guide

Navigating malpractice negligence claims in Atlanta requires a comprehensive understanding of the legal landscape, the intricacies of medical malpractice, and the steps involved in pursuing a claim. 

In this guide, we’ll explore the ABCs— the fundamentals—of malpractice negligence claims in Atlanta, shedding light on crucial aspects from the initial stages to potential resolutions.

A – Atlanta’s Legal Framework for Malpractice Claims

As part of Georgia, Atlanta operates under specific legal statutes governing malpractice claims.

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Understanding Product Liability Injury Attorneys in Atlanta

In the bustling city of Atlanta, consumer products flood the market daily, promising convenience, efficiency, and safety. 

However, not all products live up to these assurances. 

Understanding your rights and seeking legal recourse becomes crucial when a product fails to function as intended and causes injury or harm. 

This is where product liability injury attorneys play a pivotal role in navigating the complexities of such cases.

What is Product Liability?

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