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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Chances of Winning a Wrongful Death Lawsuit After Negligence

The chances of winning a wrongful death lawsuit depend on the strength of the evidence, the clarity of negligence, and the strategy behind the claim. 

Families understandably want to know whether pursuing legal action will lead to accountability and financial recovery.

Although no attorney can promise a guaranteed outcome, the wrongful death claim success rate in Georgia is closely tied to preparation, documentation, and the ability to meet the burden of proof required under state
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The Role of a Wrongful Death Lawyer in Securing Justice for Your Family

A wrongful death lawyer in Georgia plays a critical role in protecting families after the devastating loss of a loved one caused by negligence or misconduct. 

Beyond filing paperwork, legal counsel investigates the facts, preserves evidence, identifies liable parties, and pursues full compensation under Georgia law.

Losing a family member unexpectedly often creates emotional trauma alongside financial instability. 

A wrongful death attorney Georgia families trust provides structure, advocacy, and strategic direction
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Seeking Justice After a Wrongful Death Caused by Medical Negligence

Losing a loved one due to medical negligence is one of the most devastating experiences anyone can face. 

The emotional impact is compounded when you discover that the death could have been prevented with proper medical care.

In such circumstances, pursuing a wrongful death claim can offer both justice and financial relief, helping families heal while holding negligent healthcare providers accountable. 

This blog will explore how to seek justice after a wrongful death
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When Women’s Health Care Errors Lead to Malpractice Claims

In the realm of women’s health care, medical errors can have serious and sometimes life-altering consequences. 

As a lawyer specializing in medical malpractice, we often encounter cases where women have suffered due to errors in diagnosis, treatment, or surgical procedures in OB/GYN care, pregnancy management, and other women’s health issues. 

Medical professionals, especially OB/GYNs, carry a duty to provide competent care, and when they fail to do so, the repercussions for patients can be severe.
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What Families Should Know About Dividing a Wrongful Death Settlement

Losing a loved one due to a tragic accident is an incredibly difficult experience, both emotionally and financially. 

In addition to the grief and loss, families often face the complex process of dividing a wrongful death settlement. 

Understanding the legal aspects of how a wrongful death settlement is divided can help ease some of the stress during this challenging time. 

This article provides important information on how wrongful death settlements are
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How a Truck Accident Lawyer Builds a Case From Investigation to Resolution

If you’ve been involved in a truck accident, the importance of hiring an experienced truck accident lawyer cannot be overstated. 

These lawyers specialize in handling complex truck accident cases and will guide you through the entire process from the initial investigation to securing the compensation you deserve. 

A skilled truck accident lawyer builds a case step by step, gathering evidence, negotiating with insurance companies, and, if necessary, taking the case to trial. 

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After a Truck Crash: A Truck Accident Attorney Explains Your Legal Options

A truck accident attorney provides critical legal guidance after a serious commercial vehicle collision, helping victims understand their rights and pursue financial recovery. 

When a crash involves a tractor-trailer, delivery truck, or other large commercial vehicle, the legal landscape becomes far more complex than a standard car accident claim.

These collisions often involve catastrophic injuries, multiple insurance policies, corporate legal teams, and federal safety regulations. 

A knowledgeable legal advocate does more than file
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Truck Driver Accident: What Happens Next and Do You Need a Lawyer?

Truck accidents are complex and often result in severe injuries, significant property damage, and complicated legal issues. 

When you’re involved in a truck driver accident, the aftermath can be overwhelming. 

Understanding what happens next and whether you need a truck accident lawyer can significantly impact your ability to recover compensation and protect your rights. 

In this blog, we’ll walk you through the steps to take after a truck accident, why hiring
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Why Hiring a Medical Malpractice Lawyer Matters in Hospital Negligence Cases in Duluth

Medical malpractice in Duluth, particularly in the context of hospital negligence, can be a life-altering experience. 

Hospitals are places where patients trust healthcare providers to deliver the highest standard of care. 

However, when errors occur due to negligence whether it’s a missed diagnosis, medication error, or surgical mistake, the consequences can be devastating. 

In such situations, hiring an experienced medical malpractice lawyer in Duluth becomes crucial to ensure victims receive the
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What Happens If You’re Injured in a Truck Accident in Duluth?

Truck accidents are among the most devastating types of road collisions, and if you’re injured in a truck accident in Duluth, you may face severe injuries and complicated legal battles. 

A Truck Accident Lawyer in Duluth can help you navigate the process, ensuring that you receive the compensation you deserve for your injuries. 

These accidents often involve complex factors like truck company liability, insurance claims, and multiple responsible parties, making professional legal representation crucial for
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