Personal Injury & Wrongful Death

Wrongful Death Damages in Georgia

Among all the 50 states Georgia law is unique because it measures damages in a wrongful death case from the viewpoint of what the deceased lost, not what his or her survivors lost. Under Georgia law, the measure of damages in a wrongful death case is “the full value of the life of the decedent.” See O.C.G.A. §§ 51-4-1(1) and 51-4-4.
The full value of the life of the decedent under Georgia law has two components. First, the economic value of the deceased’s normal
(more…)

Tort Claims Against Local Government Employees

Here in Georgia, due to the doctrine of Sovereign Immunity, as we have posted before, it is very difficult to sue a local government employee. If a government employee commits a tort against an innocent third party and that person wishes to file a claim against the government employee, the government employee cannot be sued in his or her official capacity unless the employer of the government employee has waived its sovereign immunity. This is because any claim against the employee in his or her
(more…)

Overcoming Sovereign Immunity Defenses of Counties in Georgia

This past week we spoke at a State Bar seminar on the doctrine of Sovereign Immunity in Georgia. In Georgia, there are limited statutory waivers of sovereign immunity by state and local governments. One of the most frustrating areas is that of county immunity. Essentially, the only statutory waiver of county immunity is that which provides for liability for county vehicles. If a county agent or employee is operating a covered vehicle, there is a mandatory minimum waiver of $500,000.00 per accident/$700,000.00 per occurrence. If
(more…)

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
(more…)

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
(more…)

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
(more…)

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
(more…)

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
(more…)

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
(more…)

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
(more…)

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
(more…)

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.

(more…)

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
(more…)

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
(more…)

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. 

(more…)

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
(more…)

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
(more…)

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
(more…)

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
(more…)

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
(more…)