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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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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