Personal Injury & Wrongful Death

More Traps for the Unwary: Problems Under the Federal Tort Claims Act

We have previously written about procedural problems that clients may face when dealing with claims against governmental entities. Specifically, if an individual has a claim against a city or county government, there are certain pre-suit, ante litem requirements that must be observed before suit can be filed. We have written about this in earlier articles and would refer the reader to the same. We have also written these procedural problems under Georgia’s State Tort Claims Act. Here, we write briefly to discuss some unique issues
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BOATING ACCIDENTS ON THE RISE

Just this past year, our firm handled several boating accident cases which illustrate the dangerous nature of this recreational activity. In one case, a female skier was pulled into a small cove by the operator of the ski boat with such speed and force that she was pulled onto the shore and thrown into some trees with resulting and very serious personal injuries. In another case, a child being pulled on a tube was pulled in front of another boat and the child was killed.
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MUNICIPAL TORT LIABILITY IN GEORGIA

For years, cities enjoyed sovereign immunity under the law and could not be sued if negligent. This has been relaxed under recent statutory provisions with respect to city motor vehicles. For most motor vehicles operated by and on behalf of city employees, municipalities are now required to carry liability insurance in the amount of $250,000 because of bodily injury or death to any one person and $450,000 for any one occurrence. While this amount is woefully inadequate for true serious injury cases or cases involving
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ANTE LITEM REQUIREMENTS UNDER THE STATE TORT CLAIMS ACT

The State Tort Claims Act waives the state of Georgia’s immunity from suit in the courts of this state. See O.C.G.A. § 50-21-23. This is a limited waiver of sovereign immunity and the most that any single claimant can recover against the State is $1 million. See O.C.G.A. § 50-21-29. By the terms of the State Tort Claims Act, the limited waiver of immunity only applies to the State and its agencies and departments. O.C.G.A. § 50-21-22(5). The State Tort Claims Act expressly includes claims
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HIDDEN MINEFIELDS AND TRAPS FOR THE UNWARY

While most serious injury lawyers are aware of the ante litem provisions that exist under Georgia law, most lay persons are not. Thus, injured persons with valid claims against either city or county governments can through inaction sabotage such claims unwittingly just because of their ignorance of the arcane provisions found in the ante litem statutes of Georgia law. An ante litem notice simply means notice before litigation is commenced. With respect to cities, O.C.G.A. § 36-33-5 requires written notice to a Georgia municipality within six months of the event giving rise to the claim. This code section reads as follows:

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THE SUPREME COURT RULES AGAINST FLEEING SUSPECT IN POLICE CHASE CASE

In a case decided April 30, 2007, entitled Scott v. Harris, the United States Supreme Court held that a suspect fleeing from the police during a high speed police chase case has no Fourth Amendment right to be protected from the use of excessive force by the police against them. As we interpret this case, essentially, what this means is that a suspect assumes the risk of injury by the police during a police chase case.

In the Harris case, a 19 year old was fleeing from the police and the police employed a “pit maneuver” in order to knock the suspect’s car off the road. The pit maneuver is one in which the police hit the corner of the fleeing car with their car in order to force it off the road. In this case, when the suspect’s car left the road, it crashed rendering him a quadriplegic.

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MESOTHELIOMA CLAIMS FROM ASBESTOS EXPOSURE ARE STILL VIABLE

Asbestos products, which have been used primarily for insulation purposes, have long been known to be dangerous. Nonetheless, exposure to asbestos still presents a danger to anyone performing maintenance, repair or demolition work in any structure containing asbestos. Unfortunately, it has been well documented that the Asbestos industry was well aware of the fact that exposure to asbestos could cause cancer. Mesothelioma is a form of cancer specifically caused by exposure to asbestos. It is difficult to diagnose and hard to treat. It occurs typically
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Uninsured Motorist Stacking Bill – Important To Georgia Serious Injury Victims

Senate Bill 276, a very important bill for all Georgia citizens who may become involved in serious injury motor vehicle accidents, is awaiting action by the House Rules Committee at the State Capital. This bill would drastically improve uninsured motorist coverage in Georgia. Under current law, a consumer who is has uninsured motorist (UM) coverage can only access part of their total limit if they are hit by a driver with a small amount of liability insurance coverage. SB 276 would allow consumers to “stack”
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HIGH SPEED POLICE CHASE CASE SETTLES FOR $1 MILLION

After years of litigation, the City of Hampton paid $1 million to the family of Grashaunda Banks to settle a wrongful death claim brought as a result of a high speed police chase that resulted in a deadly collision. The crash occurred on Hwy. 19/41 near midnight on July 23, 2000, near the Atlanta Motor Speedway.

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PRESCRIPTION ERRORS ARE RISING

Negligent filing of prescriptions has been on the rise. In fact, because of a shortage of pharmacists and the steady increase in the use of prescription medications, the rate of death and injury from botched prescriptions is skyrocketing, officials say.
There are as many as 7,000 deaths annually in the United States from incorrect prescriptions, according to Carmen Catizone of the National Association of Boards of Pharmacy. He told The Washington Post that as many as 5 percent of the 3 billion prescriptions filled each
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Fight for your rights with Top Atlanta Tractor-Trailer Accident Law Firm In Atlanta, GA

If you’ve been involved in a tractor-trailer accident in Atlanta, you know just how overwhelming the aftermath can be. 

Tractor-trailer accidents are among the most severe types of collisions due to the size and weight of these vehicles.

The injuries can be catastrophic, and the process of seeking justice and compensation often feels daunting. 

That’s where the expertise of a top Atlanta tractor-trailer accident law firm comes in.

Choosing the
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Seeking Justice for Your Family? Why You Should Hire a Compassionate Wrongful Death Attorney in Atlanta

Losing a loved one is one of the most devastating experiences anyone can go through, especially when their death is the result of someone else’s negligence. 

In such a difficult time, seeking justice can feel overwhelming, but hiring a wrongful death attorney in Atlanta can help guide you through the legal process and ensure that you receive the compensation your family deserves. 

A skilled attorney not only provides legal expertise but also offers the support
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What Is Wrongful Death? Breaking Down the Legal Process Step by Step

The sudden loss of a loved one due to negligence or intentional harm is one of the most devastating experiences a family can face. 

In such situations, seeking justice through a wrongful death claim can provide both legal closure and financial relief. 

A wrongful death lawyer can guide you through this challenging process. 

This blog will break down the steps involved in a wrongful death lawsuit, including how wrongful death attorneys
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How Medical Error Claims Are Proven by a Misdiagnosis Lawyer in Atlanta

In the field of healthcare, receiving the wrong diagnosis can have serious consequences. 

A misdiagnosis lawyer in Atlanta is key to helping victims navigate the complex process of medical malpractice claims resulting from incorrect diagnoses. 

Proving that a misdiagnosis occurred and led to harm requires detailed legal expertise, access to medical records, and an understanding of both medical and legal nuances. 

This article will explore how a misdiagnosis claim is proven, what steps a lawyer takes to gather evidence, and how victims can seek justice.

The Serious Impact of Misdiagnosis in Healthcare

Misdiagnosis occurs when a healthcare professional incorrectly identifies a condition, which leads to the patient receiving the wrong treatment or delay in receiving the proper care. 

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Why Experience is Key When Choosing the Best Medical Malpractice Lawyer in Atlanta

When dealing with medical malpractice, finding a skilled medical malpractice lawyer in Atlanta is crucial to ensuring your case is handled with the expertise it deserves. 

The complexities of medical malpractice cases require the attention of experienced professionals who can navigate the legal and medical intricacies of your claim. 

This guide will highlight the importance of hiring the best medical malpractice lawyer in Atlanta and provide insight into the legal process.

Key Factors Affecting Medical Malpractice Cases

When pursuing a medical malpractice case, it’s crucial to consider several factors that can significantly impact the outcome. 

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What to Do After a Local Delivery Truck Wreck: Why You Need a Specialized Law Firm

If you’ve been in a local delivery truck wreck, knowing the right steps to take right away can make all the difference in protecting your rights and securing fair compensation.

Accidents involving delivery trucks can lead to complex legal situations, and having the right lawyer by your side can make all the difference.

In this blog, we’ll walk you through the steps
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Why You Shouldn’t Settle for Less: Hire a Medical Malpractice Lawyer Near Me

When you’ve suffered from medical malpractice, the last thing you want is to settle for less than you deserve.

Having a medical malpractice lawyer near me can ensure that you are properly represented and your rights are protected.

Medical malpractice cases can be extremely complex, and it’s essential to have a lawyer with the necessary expertise to fight for your rights.

In this blog, we’ll explain why hiring a specialized medical malpractice attorney is crucial, how to find the best lawyer near you, and why
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How an Amazon Delivery Truck Accident Lawyer Can Magnify your Compensation

If you’ve encountered an accident with an Amazon delivery truck, taking the help of an Amazon  delivery truck accident lawyer is one of the most effective ways to secure the compensation you deserve.

These types of accidents are often more intricate than typical vehicle collisions due to the involvement of a large corporation like Amazon.

Dealing with Amazon and its insurance firms requires a skilled attorney who specializes in such cases.

The right lawyer can amplify your compensation, ensuring that you don’t settle for
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Fighting Back After Loss: How Wrongful Death Attorneys Serve as Your Rescuers

When someone passes away due to the careless or reckless actions of another, the aftermath can be overwhelming.

During this time, wrongful death attorneys offer invaluable support, helping families navigate the legal complexities that follow.

These attorneys play a critical role in ensuring that justice is served, while also seeking compensation for the losses incurred.

In this blog, we’ll explore the role of wrongful death attorneys and how they help families seek justice and closure.

What Constitutes Wrongful Death?

Wrongful death refers to a situation
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Top 7 Types of Truck and 18-Wheeler Accidents and How They Happen

If you’ve been involved in an 18-wheeler accident in Atlanta, it’s crucial to consult with an experienced 18-wheeler accident lawyer to help guide you through the legal process.

These accidents are often complex, causing significant damage and serious injuries.

In this post, we’ll explore the top seven types of 18-wheeler accidents, what causes them, and how a skilled 18-wheeler crash lawyer near me in Atlanta can help you pursue the compensation you deserve.

The Serious Nature of 18-Wheeler Accidents

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