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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How Brain Injuries Impact Your Life and How to Recover with Medical Malpractice 

Brain injuries and medical malpractice often go hand-in-hand, resulting in devastating consequences for the victim’s health, livelihood, and overall quality of life. 

These injuries can range from mild concussions to severe traumatic brain injuries (TBI), and the effects can be lifelong.

If a brain injury occurs due to medical negligence, victims not only face physical and emotional challenges but also the burden of managing the legal and financial consequences.

In this blog, we will explore
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Spinal Cord Injury Happen After a Truck Accident? Why Legal Guidance Is Important 

Spinal cord injury after a truck accident can be devastating, leading to permanent disability, chronic pain, and a significant impact on your quality of life. 

If you or a loved one has suffered a spinal cord injury from a truck accident, it’s crucial to understand your legal options. 

Seeking legal guidance from an experienced truck accident lawyer can help you navigate the complex legal process and pursue the compensation you deserve.

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Cataract Surgery Complications: Seek Help from Medical Malpractice Lawyer 

Cataract surgery is one of the most commonly performed procedures worldwide, offering a high success rate and improved vision for many patients.

However, like any surgery, cataract surgery can come with its own set of complications. When these complications occur due to errors or negligence by the surgical team, it can lead to a case of cataract surgery malpractice.

If you or a loved one has experienced complications following cataract surgery, seeking the help of a medical malpractice lawyer
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10 ways to Prove a Breach of Duty in a Medical Malpractice Lawsuit?

In a medical malpractice lawsuit, proving a breach of duty is a crucial element in establishing negligence. 

Without clear evidence that a healthcare provider failed to meet the expected standard of care, the case cannot succeed. 

This article outlines effective ways medical malpractice lawyers prove a breach of duty, helping victims of medical negligence seek justice.

The Standard of Care in Medical Malpractice Cases

The first step in proving a breach
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10 ways medical malpractice lawyer can win your case

When you or a loved one suffers due to the negligence of a healthcare provider, the journey to justice can seem overwhelming. 

That’s where a skilled medical malpractice lawyer steps in. Beyond handling the legal paperwork, your lawyer is an advocate who will fight tirelessly to hold negligent providers accountable. 

A lawyer for medical malpractice can help you navigate complex medical laws, build a case, and ultimately win the compensation you deserve. 

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Pediatric Medical Malpractice Claims in Duluth: What Parents Should Know

Pediatric medical malpractice claims in Duluth arise when healthcare providers fail to meet accepted standards of care while treating infants, children, or adolescents. 

Unlike adult malpractice cases, pediatric claims involve unique legal rules, long-term medical consequences, and emotional challenges for families.

Parents must understand how negligence is identified, what legal protections exist for children, and how Georgia law treats malpractice claims involving minors.

What Is Pediatric Medical Malpractice?

Pediatric medical malpractice occurs when
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Medical Malpractice Claims After Hair Restoration Surgery in Atlanta 

Hair transplant malpractice in Atlanta can occur when patients are harmed due to negligent medical care during hair restoration procedures that are often promoted as safe and routine. 

Many individuals pursue hair transplant surgery for cosmetic or confidence-related reasons, but these procedures still involve surgical risks that require proper training, sterile environments, and qualified medical oversight. 

When providers fail to meet accepted standards of care, patients may be left with permanent injuries, scarring, or disfigurement
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Time Limits for Injury and Wrongful Death Claims: What You Need to Know

Time limits for injury and wrongful death claims determine whether an injured person or surviving family members can legally pursue compensation after an accident, medical error, or fatal incident. 

These deadlines, known as statutes of limitations, are strictly enforced. 

Even when liability is clear, missing a filing deadline can permanently bar a claim. 

Understanding how these time limits work, when exceptions apply, and how negligence is evaluated is essential to protecting
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8 Warning Signs of Negligence in Drug Rehabilitation Facilities: What Families Should Look For

Negligence in drug rehabilitation facilities is a serious concern that can place vulnerable patients at risk during one of the most critical periods of their lives. 

Families trust rehab centers to provide safe environments, proper medical care, and structured support for individuals battling substance use disorders. 

When that trust is broken through neglect or substandard care, the consequences can be severe and sometimes fatal.

Drug rehabilitation patients often require medical supervision, mental health
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Weather-Related Truck Accidents and Injury Severity: How a Truck Accident Attorney Can Help

Weather-related truck accidents pose a serious threat to motorists because adverse conditions magnify the inherent dangers of large commercial vehicles. 

Rain, fog, snow, ice, and high winds reduce visibility, limit traction, and increase stopping distances, all while tractor-trailers continue to operate under tight delivery schedules. 

When a crash occurs under these conditions, the resulting injuries are often far more severe than those seen in standard vehicle accidents.

While weather may be a contributing
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