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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What To Do After A Tractor Trailer Accident? – Legal Steps To Take

Experiencing a tractor-trailer accident can be a traumatic and overwhelming event.

Knowing what to do in the aftermath is crucial to protect your rights and ensure you receive the necessary support and compensation.

Here are essential steps to take after a tractor-trailer accident:

Assess The Situation And Prioritize Safety

Immediately after the accident, check yourself and others for injuries.

If anyone is seriously injured, call for medical assistance right away.

Move to a safe location if possible to avoid further harm.

Seek Immediate Medical

Attention

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How Much Are The Fees Of A Medical Malpractice Lawyer?

When pursuing a medical malpractice case, one of the primary concerns for individuals seeking legal representation is the cost. Medical malpractice lawyers‘ fees can vary depending on different factors and fee structures.

The Basics Of Medical Malpractice Lawyers’ Compensation

Medical malpractice lawyers typically get paid through various fee arrangements. The most common fee structures include contingency fees, hourly rate billing, and retainers with expenses.

Understanding Contingency Fee Arrangements

Contingency fees are a prevalent arrangement in medical malpractice cases. With this approach, the lawyer only

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How To Sue For Medical Malpractice? A Step-By-Step Guide

If you or a loved one has experienced medical malpractice, taking legal action might be necessary to seek compensation for the damages. However, the process of suing a doctor for medical malpractice can be complex. This step-by-step guide will help you understand what to do if you find yourself in such a situation.

Why Is It Important To Seek Legal Representation?

Before delving into the steps of suing for medical malpractice, it’s crucial to emphasize the importance of seeking legal representation. Medical malpractice cases

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What Is the Most Common Type of Lift Truck Accident?

Lift truck accidents can lead to severe injuries and even fatalities if proper precautions are not taken. 

Understanding the most common types of lift truck accidents is crucial for promoting safety in workplaces that utilize these vehicles. 

In this article, we will explore the various factors related to lift truck accidents, including their causes, types, legal implications, prevention measures, and the role of a truck accident lawyer.

Common Causes of Lift Truck Accidents

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How To Win A Medical Malpractice Lawsuit: Expert Legal Advice

If you or a loved one has experienced medical malpractice, you may be wondering how to win a medical malpractice case and seek justice.

Navigating the legal system can be overwhelming, but with the right approach and expert legal advice, you can increase your chances of a successful outcome.

In this article, we will explore the different types of medical malpractice lawsuits, how to prove medical malpractice, and the essential steps to succeeding in your medical

malpractice suit.

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What Do Medical Malpractice Lawyers Do? – What To Expect

If you’ve experienced harm or injury due to medical negligence, a medical malpractice lawyer can be your advocate and guide throughout the legal process.

These lawyers specialize in handling cases involving medical errors, ensuring that victims receive the compensation they deserve.

Let’s delve into the role of medical malpractice lawyers and the benefits of hiring one.

The Role Of Medical Malpractice Lawyers

Investigating Medical Negligence Claims

Medical malpractice lawyers investigate the details surrounding a potential case, reviewing medical records, consulting with medical experts, and

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How To Prove Medical Malpractice Claim? – Your Legal Guide

Medical malpractice occurs when a healthcare professional’s negligence leads to harm or injury to a patient.

Proving medical malpractice can be complex and challenging, requiring a thorough understanding of the legal requirements and the ability to gather compelling evidence.

In this article, we will provide a comprehensive legal guide on how to prove medical malpractice.

From understanding the elements of a malpractice claim to gathering evidence and navigating the legal process, we’ll cover everything you need to know.

How To Prove Medical Malpractice Claim?
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How To Find A Medical Malpractice Attorney? – A Quick Guide

When faced with a potential medical malpractice case, finding the right attorney is crucial to navigate the complex legal landscape & seek justice for any harm or injuries suffered.

In this panoramic guide, we will explore the steps you can take to find a reputable medical malpractice attorney who can effectively represent your interests.

From researching potential attorneys to evaluating their experience and expertise, we will equip you with the knowledge to make an informed decision and empower you in your pursuit of justice.

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What Is The Average Payout For A Motorcycle Accident?

The average pay out for a motorcycle accident settlement varies depending on several factors.

It’s important to note that each case is unique, and there is no fixed amount for an average payout.

The specific circumstances of the accident, the severity of injuries, the extent of property damage, and other relevant factors play a significant role in determining the settlement amount.

Average Motorcycle Accident Settlement Amount

Motorcycle accidents can result in several injuries & significant financial burdens.

If you’ve been involved in a motorcycle

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How Much Is The Average Medical Malpractice Settlement?

Medical malpractice is a major issue that can lead to significant harm and financial burden for the victims. If you or a loved one has experienced medical malpractice, you may wonder how much compensation you could receive from a settlement. The average medical malpractice settlement amount can vary depending on various factors. In this article, we will delve into the characteristics that determine the value of a medical malpractice settlement, high-profile cases, other influencing factors, how to calculate the potential value of a topic,

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