Personal Injury & Wrongful Death

Uninsured Motorist Setoffs

On November 21, 2007, the Supreme Court of Georgia issued an important opinion in Dees, et al. v. Logan, involving uninsured motorist coverage in the state of Georgia. The question presented to the Supreme Court was whether a damage award to an insured can be offset by workers’ compensation or similar benefits paid to the insured. The Court answered with a resounding “No”.
Dees and his wife brought suit against a defendant seeking damages for injuries suffered in an automobile collision. The jury awarded the
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Arbitration Clauses Seek To Ban Class Action Arbitration

In the case of Green Tree Financial Corp. v. Bazzle, 123 S.Ct. 2402, (2003) the U.S. Supreme Court opened the doors to class action arbitrations. The Court held that if an arbitration clause is silent regarding class actions, it’s up to the arbitrator (applying state law) to decide whether class arbitration will proceed.
Banks, credit companies and employers which traditionally have favored mandatory arbitration clauses, have been adding waivers to arbitration contracts specifically exempting class actions from arbitration. Consumer lawyers have responded by challenging the
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Brain Surgery On Wrong Side Of Head Three Times At Same Hospital

It was reported today that a Rhode Island hospital has been fined $50,000 by the Rhode Island Department of Health and reprimanded after a doctor performed brain surgery on the wrong side of the patient’s head.
According to reports, this was the third time this year at the particular hospital that a doctor performed brain surgery on the wrong side of the patient’s head.
The most recent case happened last Friday when the Chief Resident began surgery on the wrong side of an 82 year-old
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Tamiflu Dangers For Children

Last Friday, the Food and Drug Administration (FDA) issued a safety review of Tamiflu, manufactured by Roche, and Relenza, manufactured by Glaxo Smith Kline. Both of these drugs are designed to mitigate the effects of the flu. The review addresses the potential dangerous effect these drugs can have on children.
The FDA began reviewing Tamiflu in 2005 after it received reports of children experiencing neurological problems, including hallucinations and convulsions. Twenty five patients under the age of 21, most of them in Japan, have died
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ATV Dangers – Units Recalled

Late last week, Baja Motor Sports of Phoenix in conjunction with the Consumer Product Safety Commission issued a recall for 16,000 all terrain vehicles marketed for children as young as 12. The Baja 90, Baja Wilderness 90 and Baja Wilderness 90U four-wheel ATVs were recalled because they are missing a tire pressure gauge and a flagpole mounting bracket. Although neither the CPSC nor the company reported any injuries, they did consider the lack of the items to be a potential danger. These particular vehicles were
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Dangerous Toy Lawsuit Filed By California

This week, California’s Attorney General filed a lawsuit against 20 companies implicated in the various lead-tainted toy recalls of 2007. Among the companies named in the lawsuit are Mattel, Fisher-Price, Toys R Us, Wal-Mart, Target, Sears, K B Toys, Costco Wholesale, Eveready Battery Company, K-Mart, and Marvel Entertainment.
The lawsuit alleges that the companies violated the California Safe Drinking Water and Toxic Enforcement Act of 1986 since they failed to notify customers of toys in the marketplace that contained high concentrations of lead. Although the
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Cell Phones- Driving Dangers

Our serious injury lawyers are frequently litigating car collision cases in which the driver causing the serious injury was using a cell phone while operating the vehicle.
Research has consistently shown that operating an automobile while talking on a cell phone, either hand-held or hands-free, increases the risk of an accident by three to four times that normally experienced by attentive drivers. The general consensus of the scientific community is that there is little, if any, difference in crash rates involving hands-free versus hand-held cell
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Serious Dangers from Toys – Will It Ever End?

Many of you have already read press reports about the recall of over 4 million children’s craft kits because they contain beads coated with a chemical that turns into a dangerous drug if ingested. We have previously blogged about problems with Chinese manufactured toys and the Consumer Product Safety Commission.
In light of the massive recalls of these extremely dangerous toys, one has to wonder why these toys reached the shelves of stores in the first place. Many consumer advocates are now contending that these
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Structured Settlements in Serious Injury Cases

When a client is so seriously injured that they may not be able to work again at the same job and will likely incur future medical costs, it may be prudent for the client to consider a structured settlement as opposed to a lump sum cash settlement if one is offered. Our attorneys have handled many serious injury cases where a structured settlement has truly been in the best interests of our client. This is particularly so in the context of cases where the client
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Life Care Plans for the Catastrophically Injured Child

One of the many difficulties faced by attorneys who work on serious injury cases arises in the context of a catastrophic injury case involving a child. Many times, due to limitations on the extent of their medical knowledge, the doctors treating the child cannot always give an accurate prognosis for the child. Thus, it can be difficult when a child has been seriously injured to accurately predict how the injuries will manifest themselves as the child grows older. In some very sad cases, of course,
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Wrongful Death Compensation: Who Gets What and How It’s Decided

Wrongful death compensation is intended to provide financial stability and legal accountability after a family loses a loved one due to another party’s negligence or misconduct. 

While no amount of money can replace a life, compensation plays a critical role in addressing lost income, emotional suffering, and the long-term impact on surviving family members.

Many families assume compensation is automatically divided equally or paid to a single person. 

In reality, wrongful death damages
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Common Types of Dental Malpractice: Trends, Risks, and When to Contact an Attorney

Common types of dental malpractice form the foundation of many professional negligence claims brought by patients who suffer preventable injuries during dental care. 

From a legal standpoint, these cases are not driven by dissatisfaction or discomfort alone. 

They arise when a dentist’s actions fall below accepted professional standards and cause harm that could have been avoided through proper care.

Modern dentistry has expanded rapidly, with increased reliance on implants, cosmetic procedures, sedation, and
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How Dental Malpractice Lawsuits Succeed in Court

Dental malpractice lawsuits are won in court when attorneys demonstrate that a dentist’s actions fell outside accepted professional standards and caused avoidable harm to a patient. 

From a legal standpoint, these cases are not about dissatisfaction or imperfect results; they are about proving negligence through evidence, expert interpretation, and clear causation.

Dentists are afforded professional discretion, and courts do not second-guess medical judgement lightly. 

For that reason, dental malpractice cases demand careful legal
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Automated Truck Accidents: Attorneys Explain the Risks of Public Road Testing

Automated truck accidents are becoming an increasing concern as self-driving and semi-autonomous commercial vehicles are tested on public highways alongside everyday drivers. 

As trucking and technology companies promote automation as the future of transportation, the reality is that these systems are still experimental and when they fail, the consequences can be catastrophic.

Unlike closed testing environments, public roads present unpredictable variables: human drivers, pedestrians, cyclists, construction zones, weather changes, and sudden traffic events. 

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Different Types of TBIs Caused by Truck Accidents and Your Legal Options

Traumatic brain injuries from truck accidents often leave victims and families overwhelmed, uncertain, and unsure where to turn next.

In our experience as attorneys, many clients come to us not because they immediately wanted to file a lawsuit, but because they needed answers, clarity, and protection while dealing with a life-altering injury.

Truck-related brain injuries are medically complex and legally challenging.

Victims may look fine on the outside while struggling with memory loss, emotional changes, or the inability to return to work. 
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Why Survivors Deserve More Than Silence: The Role of Dash Cam Evidence in Truck Accidents

Dash cam evidence in truck accidents has become one of the most powerful tools survivors have to protect the truth after a devastating collision. 

When commercial trucks are involved, victims and families are often forced to stand alone against trucking companies that control critical evidence, employ rapid-response legal teams, and shape the narrative within hours of a crash. Video footage changes that balance.

Unlike statements that can be challenged or rewritten, dash cam footage captures what actually
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What Are the Risks of Opioids and When Do They Qualify as Wrongful Death Cases?

Opioid wrongful death cases happen when the known risks of opioid medications are ignored, mismanaged, or improperly controlled, resulting in a fatal outcome that could have been prevented through appropriate medical care.

Opioids carry inherent dangers, but the law does not excuse healthcare providers from responsibility simply because a drug is high risk. 

From a legal perspective, these cases focus on whether physicians, pharmacists, or healthcare systems failed to follow established standards designed to protect patients from foreseeable harm.
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Can Prescription Errors Cause Wrongful Death? Drug Negligence Explained

Prescription errors in wrongful death cases arise when a preventable medication mistake directly contributes to a patient’s death. 

These errors create grounds for legal accountability under medical negligence and wrongful death law. 

Prescription medications are not harmless consumer products. They are tightly regulated medical treatments that require careful prescribing, dispensing, and monitoring. When that process breaks down, the consequences can be fatal.

From a legal standpoint, wrongful death caused by medication error is
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Why Insurance Claims Get Denied and How an Attorney Can Help

Insurance claim denied situations can be both confusing and financially overwhelming, especially when policyholders expect coverage only to face delays, disputes, or outright rejection.

Many people assume insurance exists to provide protection during difficult times, yet insurers frequently deny claims based on technicalities, exclusions, or contested interpretations of policy language.

In this blog, we discuss why insurance claims get denied and how legal representation can help. 

We also explain how policyholders can protect their rights, challenge unfair decisions, and
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From Injury to Recovery: Truck Accident Effects and Hiring a Lawyer

Truck accident injuries and recovery often involve far more than short-term medical treatment, as victims may face lasting physical, emotional, and financial consequences that affect every part of daily life. 

Unlike standard vehicle crashes, trucking accidents frequently result in catastrophic harm due to the size, weight, and force of commercial trucks, leaving victims and their families overwhelmed by long-term challenges.

Beyond the immediate shock of the collision, many victims struggle with ongoing medical care, emotional trauma, and
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