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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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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