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.…
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…
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.…
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…
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…
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,…
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…
If you are physically or sexually assaulted by another person, you can bring a personal injury claim (civil action) against them to recover payment for your medical bills, lost wages, pain, suffering, and any other financial loss that you sustained as a result of the assault. A personal injury claim…
Unfortunately, as people age, they become more vulnerable to abuse, neglect, and exploitation. This is especially true for people living in long-term care facilities and nursing homes. Abuse and neglect results in persons suffering a variety of physical and psychological injuries, which result in pain, suffering, and loss of quality…
Traffic deaths in the United States have reached their highest levels since 1990, according to government statistics cited by the Insurance Journal. This increase was attributed in part to increased deaths from motorcycle and pedestrian accidents. There are a number of reasons for the increase. One possible explanation is the…