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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Why Medical Malpractice Attorneys in Atlanta Are Essential

Medical malpractice, a distressing reality, can significantly impact individuals and families, resulting in physical, emotional, and financial hardships. 

In Atlanta, Georgia, the role of medical malpractice attorneys proves pivotal in advocating for justice and compensation for those affected. 

Here’s a comprehensive insight into why these legal professionals are indispensable in Atlanta.

Expertise in Complex Laws:

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Protecting Your Rights: Atlanta’s Product Liability Lawyers’ Guide

In a world filled with various consumer products, the potential for accidents or injuries caused by defective products is ever-present.

Whether you’ve suffered harm due to a malfunctioning device, a dangerous toy, or a tainted food product, understanding your rights and the legal process can be essential.

This comprehensive guide will provide you with invaluable insights into the role of Atlanta’s product liability lawyers in safeguarding your rights and seeking compensation for your injuries.

Understanding Product Liability

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Common Misconceptions About Malpractice Negligence Lawyers in Atlanta

When seeking legal representation for medical malpractice cases in Atlanta, many individuals hold misconceptions about malpractice negligence lawyers. 

These misunderstandings can deter people from pursuing the justice they deserve after experiencing medical malpractice. 

In this article, we will debunk some common misconceptions and shed light on the role of malpractice negligence lawyers in Atlanta.

Misconception #1: Malpractice Negligence Lawyers Are Ambulance Chasers

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The Future of Product Liability: Emerging Trends and Challenges

Product liability refers to the legal responsibility of manufacturers and sellers for injuries and damages caused by their products. 

Traditionally, product liability cases focused on defective products or inadequate warnings. 

However, several new developments are influencing the future of product liability.

Digitalization and IoT

The Internet of Things (IoT) revolutionizes how products operate and interact with users. 

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How to Recognize Medical Malpractice in Your Healthcare

In healthcare, trust between patients and medical professionals is paramount. 

Patients place their well-being in the hands of doctors, nurses, and other healthcare providers, expecting to receive the highest level of care. 

However, there are instances where medical malpractice can occur, leading to adverse consequences for patients. 

This article aims to guide you on recognizing medical malpractice in your healthcare. 

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Product Liability Insurance: What Businesses Need to Know

In a world where product-related lawsuits are rising, businesses must be well-prepared to protect themselves against potential liabilities.

Product liability insurance is a crucial aspect of risk management that every business should consider.

This article will delve into the details of product liability insurance, why it is essential for companies, and how to choose the proper coverage.

Understanding Product Liability Insurance

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Navigating the Medical Malpractice Claims Process

Medical malpractice can be a daunting and emotionally charged experience, but understanding the claims process can help you navigate this complex terrain.

This article will guide you through the essential steps of pursuing a medical malpractice claim.

Understanding Medical Malpractice

Medical malpractice refers to instances when healthcare professionals fail to meet the standard of care expected within their field, causing harm to a patient.

It includes a range of actions, such as misdiagnosis, surgical errors, medication mistakes, and more.

Common Types of Medical Malpractice

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Anatomy of Product Liability: Causes and Consequences

Product liability is a legal concept that holds manufacturers, distributors, and retailers responsible for producing and selling defective products or posing a consumer risk. 

It is a critical aspect of consumer protection, ensuring that products are safe and reliable. 

This article will delve into the anatomy of product liability, exploring its causes and consequences.

The Basics of Product Liability

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Medical Malpractice Insurance: What You Need to Know

Medical professionals, including doctors, nurses, and other healthcare providers, are dedicated to saving lives and providing quality care to patients.

However, medical errors and malpractice cases can occur despite their best efforts.

Medical malpractice insurance is a crucial safeguard for healthcare professionals and organizations.

This article will delve into the intricacies of medical malpractice insurance, its importance, and what you need to know about it.

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Navigating Professional Malpractice in Atlanta: Your Path to Justice and Compensation

Professional malpractice, in any field, can be a distressing experience for those who have placed their trust and resources in the hands of professionals. 

Like any major city, the need for competent and ethical professionals is crucial in Atlanta. 

Unfortunately, there are instances where these professionals may fail in their duties, leading to a dire need for a professional malpractice attorney in Atlanta.

What Does a Professional Malpractice Attorney Do?

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