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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How to Find the Right Wrongful Death Attorney for Your Case: Quick Steps to Take Before Hiring

How to find a wrongful death attorney is often the first question families ask after losing a loved one due to someone else’s negligence.

The emotional impact of a sudden loss can make legal decisions feel overwhelming, yet choosing the right legal representation is one of the most important steps in protecting your family’s rights.

Many people first try to understand what is wrongful death before exploring legal options.

In simple terms, wrongful death refers to a fatal incident caused by negligence, misconduct, or unsafe
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Why You Should Schedule a Consultation with a Semi-Truck Wreck Lawyer

If you’ve been involved in a semi-truck accident, scheduling a consultation with a semi-truck wreck lawyer is essential for ensuring your rights are protected and that you receive the compensation you deserve.

Semi-truck accidents differ from standard car crashes due to their complexity, which involves multiple parties, intricate legal frameworks, and often large-scale insurance negotiations.

Consulting with an expert truck accident lawyer will help you navigate these complexities with confidence.

In this article, we’ll explain why consulting a semi-truck wreck lawyer is vital, what you
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Why It is Most Important to Choose Professionals Lawyers for Wrongful Death in Atlanta

Losing a loved one due to someone else’s negligence or wrongful actions is a devastating experience.

In such times, lawyers for wrongful death become crucial in seeking justice.

Choosing the right attorney can be the difference between securing compensation for your loss and facing an uphill battle in the legal system.

In this blog, we will explore why it’s most important to hire experienced and professional lawyers for wrongful death cases in Atlanta.

What is Wrongful Death?

Wrongful death refers to a fatality caused by
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How a Wrongful Death Lawyer in Duluth Can Help You Deal with the Emotional and Legal Challenges

Losing a loved one due to someone else’s negligence is an incredibly difficult experience.

During this emotional time, it can be overwhelming to deal with the legal aspects of pursuing a wrongful death claim.

A wrongful death lawyer in Duluth can help you navigate both the emotional and legal challenges, ensuring that your family receives the justice and compensation you deserve.

From understanding complex legal terms to providing the necessary support, an attorney specializing in wrongful death cases can make a significant difference in the
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Filing a Wrongful Death Claim After a Truck Accident in Duluth

Losing a loved one in a truck accident is devastating, especially when the accident could have been prevented. 

Filing a wrongful death claim after a truck accident in Duluth is a critical legal step for families seeking justice and compensation for their loss. 

A wrongful death lawsuit allows the family to hold responsible parties accountable and recover compensation for funeral expenses, lost wages, and emotional suffering. 

In this blog,
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Why Hiring a Truck Accident Attorney for Commercial Truck Accidents Makes a Difference

Commercial truck accidents can be life-changing, causing significant injuries and long-term consequences for victims. 

When involved in a commercial truck accident, hiring a truck accident attorney is essential to protect your rights, navigate complex laws, and secure fair compensation. 

A skilled attorney can ensure you understand the legal process, gather key evidence, and negotiate with insurance companies to achieve the best possible outcome. 

In this blog, we will explore why hiring
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Understanding Medical Malpractice During Birth: why choose medical malpractice attorney to protect your family

Medical malpractice during birth is a serious issue that can have lifelong consequences for both the mother and the child. 

When medical negligence during childbirth leads to injuries, it can leave families devastated. 

That’s why it’s crucial to have a medical malpractice attorney by your side to protect your family’s rights and secure the compensation you deserve. 

Birth injuries caused by medical errors can range from physical injuries to the baby,
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When Can a Misdiagnosis Lead to a Medical Malpractice Claim?

Misdiagnosis in healthcare is a serious issue that can lead to significant physical, emotional, and financial consequences. 

When a healthcare professional provides an incorrect diagnosis, it can be considered medical malpractice, and the patient may be entitled to compensation. 

In this blog, we will explore when a misdiagnosis qualifies as medical malpractice and the legal steps involved in filing a claim.

What is Misdiagnosis?

Misdiagnosis occurs when a healthcare provider fails
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9 Challenges in Georgia Log Truck Crash Claims: Why Experienced Legal Representation Is Essential

When a family contacts our firm after a fatal log truck crash in Georgia, they are often overwhelmed, grieving, and unaware of the legal obstacles already forming against them.

Log truck wrongful death cases are among the most complex and aggressively defended claims in Georgia personal injury litigation. 

These cases are not comparable to standard car accidents or even typical 18-wheeler crashes. 

They involve unique state regulations, rural venue dynamics, inadequate insurance structures,
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What can happen if I wait too long to hire a lawyer after a fatal truck crash or accident in Duluth?

If you wait too long to hire a truck accident lawyer in Duluth, critical evidence may disappear, legal deadlines may expire, and your family’s ability to pursue full compensation could be significantly weakened. 

After a fatal truck crash Duluth GA families often experience shock and grief, making immediate legal decisions difficult. 

However, delay can directly impact a wrongful death truck accident Georgia claim.

Commercial trucking cases involve complex evidence, corporate defendants,
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