Personal Injury

Mandatory Arbitration Clauses Deprive Consumers of Basic Rights

Get a credit card, buy a car, or sign up for a cellphone plan, and chances are, if you’re unhappy with your transaction, you won’t be telling your story to a judge. Many consumer contracts include unfair mandatory arbitration clauses that force individuals to go through arbitration, instead of civil court, if a dispute arises. Mandatory arbitration clauses tend to give companies, not the public, protection because the arbitration process can be costly and the time to make a case is limited.
Consumer lawyers contend
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MEDICAL MALPRACTICE IN GEORGIA

In 2005, the Georgia General Assembly enacted the so-called “Tort Reform” Act which greatly affected medical negligence claims in the State of Georgia. The stated intent was to lower insurance rates for physicians and healthcare providers. However, while severely restricting the rights of individual citizens to seek redress in the Courts, and increasing the burdens on plaintiff’s lawyers, the insurance rates of healthcare providers have not decreased.
While the requirements of bringing a medical malpractice case and the standards for obtaining experts have been greatly
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Reduction in Value: A Misnomer in the Wrongful Death Context

Recognizing the time value of money, Georgia law requires that an award of damages representing a present compensation for any future pecuniary loss be reduced to its “present value.” In some ways this is common sense. If, as the result of a wrongful death, wages for the next 20 years have been lost, it is reasonable that such economic damages be reduced to present cash value in order for a present day award to be fair to both sides. A verdict is being returned today,
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An Estate’s Claim in a Georgia Wrongful Death Case

Georgia law is unique in the context of a wrongful death action in that it divides a wrongful death claim into two parts. The first part, which we have previously blogged about, involves the rights of the survivors of the deceased to seek compensation for “the full value” of the life of the decedent. The second part of such a claim involves claims that the personal representative of the deceased may bring separately. This includes claims for funeral bills, medical bills which were incurred prior
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Proving Non-Economic Damages in a Wrongful Death Case

In a Georgia wrongful death case, it is important that the plaintiff establish all economic and non-economic damages caused by the wrongful death. Economic damages obviously include an analysis of how much income and wage was lost by the untimely demise of the decedent. Proving non-economic damages, however, does not involve an economic analysis but instead involves a presentation of the intangible components of the decedent’s life. In Georgia, in particular, it is important that a wrongful death claimant establish this aspect of “the full
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Suing Drunk Drivers for Punitive Damages

In Georgia, juries are not reluctant to impose punitive damages against drunk drivers. It is common knowledge that drunk driving is a grave danger to the motoring public. Anyone who gets behind the wheel after having consumed intoxicating drugs or beverages obviously poses a risk of danger to the public. In Georgia, many years ago, the Georgia Legislature limited the imposition of punitive damages in tort cases to $250,000.00. This limitation in punitive damage awards was part of a “tort reform” effort of the business
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Proving Economic Damages in a Wrongful Death Case

In terms of a jury presentation, attorneys often disagree about the best approach to demonstrate the economic losses caused by a wrongful death. If the decedent was a substantial wage earner who lost, not only substantial earnings, but also valuable fringe benefits such as 401(k), profit sharing and other similar benefits, one school of thought is to hire an economist who can project for a jury the lost income stream over the working life of the decedent (typically up to age 65 or 70) and
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Wrongful Death Actions in Georgia: Who Has The Right to Sue?

Georgia’s law on the wrongful death of an individual has several unique provisions. If a deceased is survived by a spouse or if there is no surviving spouse, a child or children, either may recover the full value of the life of the decedent as shown by the evidence. A surviving spouse, if there is one, is the sole person who may bring a wrongful death claim. Interestingly, a surviving spouse does not have to be married to the deceased spouse at the time the
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The Use of Medical Narrative Reports in Serious Injury Cases

Until a few years ago, a plaintiff in a personal injury or serious injury lawsuit had to take the deposition testimony of all treating physicians in order to be able to introduce the deposition for a jury’s consideration. This is because testimony by a doctor without being subject to cross-examination would be considered hearsay and therefore not admissible. To resolve the problem and expense associated with every single plaintiff’s lawyer representing a personal injury claimant having to take medical testimony by way of depositions, and
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Damages in a Georgia Wrongful Death Case

In a Wrongful Death case, Georgia law allows recovery for “the full value of the life of the deceased with deduction for ordinary and necessary expenses had he/she lived.” See O.C.G.A. § 51-4-1 et. seq. The term “full value of life” is somewhat elusive on its face but nonetheless, Georgia law is quite clear that the measure of damages in a wrongful death case includes both economic and non-economic damages.

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Innocent Pedestrian Killed During High Speed Police Pursuit

On February 5, 2012, a thirty-one year old woman was killed in a residential neighborhood as police officers were pursuing shoplifting suspects. The news accounts do not provide a great deal of information about what the suspects allegedly stole but tragically, again, the question arises in the context of these dangerous pursuits, is it worth risking a human life to apprehend a fleeing shoplifter? Could not other law enforcement techniques have been utilized to apprehend the suspects later, under much safer circumstances? Here, rather
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Motorcycle Accidents And The Need For Uninsured Motorist Coverage

In those situations where motorcyclists are involved in automobile collisions, as might be imagined, the injuries sustained can be rather serious. There is no protection other than the helmet for the motorcycle rider. If a motorist fails to yield right-of-way to an oncoming motorcyclist and fails to yield, the results tragically can be either death or very serious injury. What compounds the tragedy is the case where the at fault motorist has either minimum limits of insurance or no insurance at all. In such
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The Aftermath Of Tort Reform: Dealing With The Apportionment Statute

In 2005, the Georgia Legislature passed what is known as the Tort Reform Act of 2005. One of the statutes enacted is O.C.G.A. § 51-12-33(c). This provision of the law states that in assessing percentages of fault in any tort action, the trier of fact shall consider the fault of all persons or entities who contributed to the alleged injury or damages, regardless of whether the person or entity was or could have been named as a party to the suit. Thus, in any tort
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Tort Claims Against State County And Municipal Governments

Any one who is injured by the acts or omissions of a government agency or employee should understand that there are some hidden traps that could defeat their claims if the law is not followed, in some cases, scrupulously followed. Here we refer to the ante-litem notice provisions required under Georgia law in order to perfect a claim against a government officer or entity. In certain circumstances, if a timely ante-litem notice is not filed, either with a city, county or state government, the
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The Impact Of Divorce On Wrongful Death Actions

A divorce is traumatic in and of itself but becomes particularly tragic when either during the divorce or after its conclusion the wrongful death of a child occurs. In such circumstances, the wrongful death claim belongs to the parents jointly. Either one, therefore, has the right to bring the wrongful death claim but if one proceeds unilaterally in doing so, they do so in a fiduciary capacity, meaning that if they ever recover anything, they must hold the monies in trust until such time
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The Impact of Pre-Existing Injuries On Personal Injury Case Evaluation

It is not uncommon in our practice to be asked to represent clients in automobile cases who have pre-existing conditions. The closer in time to an accident the pre-existing condition is, the more difficult it is to separate the proverbial “wheat from the chaff” and to prove that the client’s problems arising out of the current accident were either caused by that accident and/or were aggravated by it. While it is not necessary, as a matter of law, to prove that the new injury
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The Impact Of Contributory Negligence On A Personal Injury Claim

As lawyers we are often consulted by prospective clients inquiring about whether they “have a case.” Sometimes they do and sometimes they do not. Oftentimes those who do not have cases are themselves guilty of contributory negligence. In Georgia, this is a very difficult problem to overcome because typically juries are not as likely to award damages to someone who substantially contributed to their own injuries due to their own negligence.
A classic case of contributory negligence is where a motorist is approaching an intersection
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Assessing Damages In Serious Burn Injury Cases

Unfortunately, in the normal course of our law practice, we have encountered clients who have sustained serious burn injuries. These cases are always extremely painful for clients and oftentimes results in permanent disfigurement. Indeed, a burn injury is one of the most painful injuries anyone can sustain and unfortunately we have seen them arise in a variety of contexts, whether it be gasoline fires after automobile accidents, accidents within the home due to defective products and/or chemical burns sustained on the job.
One of
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Fatal Police Chase Results In Dismissal Of State Trooper

We read in this weekend’s news accounts that a Georgia State Patrol Trooper had been fired for failing to exercise “due regard” for the safety of the public while he was allegedly responding and on his way to aid another trooper involved in a high speed police chase on Interstate I-20. On New Years Eve, an innocent motorist was killed when this Georgia State Patrol Officer allegedly ran a red light and struck the vehicle occupied by the decedent.

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Another Police Chase Kills Another Innocent Person–the Wife of Atlanta Braves Trainer Jeff Porter

Too familiar is this week’s tragic story of how a police cruiser struck an innocent motorist and caused the death of Kathy Porter, wife of Atlanta Braves Head Athletic Trainer Jeff Porter.
Late Saturday afternoon, the Porters were among many fans driving to the Chick-fil-A bowl in downtown Atlanta–a short distance from the Braves’ home at Turner Field. A Georgia State Patrol cruiser–reportedly speeding on city streets to join a chase of a motorcyclist on I-20– crashed into the Porters’ Ford Expedition on the passenger
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