Personal Injury & Wrongful Death

Katrina Victims Lose To The Insurance Industry

The Fifth Circuit Court of Appeals in New Orleans ruled Aug. 2, 2007, in In re Katrina Canal Breaches Litigation, No. 07-30119, that property owners in New Orleans whose buildings were flooded as a result of levee breaches in the aftermath of Hurricane Katrina cannot recover losses from their insurance companies because of the flood exclusions in their insurance policies. Thousands of policyholders of various insurance companies will be affected by the ruling and it is estimated that the policyholders may have to absorb losses
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Visibility Factors in Nightime Truck Accidents

The lack of visibility of large trucks on the road after dark is a major factor in many accidents which our lawyers have investigated. The scientific term used to describe this area of study is “conspicuity.” Conspicuity refers to the factors of (1) perceiving that something is on the dark road ahead, (2) identifying the object as a large truck, (3) appreciating the truck’s position and slower speed as a danger, and (4) stimulating you to take evasive maneuvers to avoid the imminent collision.
Many
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Pedestrian Injury and Death in Atlanta, Georgia

Atlanta has previously been identified as one of the most dangerous large metropolitan area in the country for pedestrians. Although statistics are not always accessible, in the calendar year 2001, for example, 64 pedestrians were reported killed in Atlanta. Throughout the State of Georgia, more than two-thirds (2/3) of pedestrian fatalities occurred on neighborhood streets, which helps explain why pedestrian injury is the second leading cause of death for children age 5 to 9. Another problem, particularly prevalent in Atlanta, are unsafe sidewalks. While the
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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 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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