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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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Was Your Breast Reduction Surgery Negligent? Breast Reduction Malpractice in Atlanta Explained

Breast reduction malpractice in Atlanta cases arise when a procedure meant to improve comfort, health, or quality of life instead leaves a patient with avoidable complications, permanent damage, or emotional distress due to medical negligence. 

While breast reduction surgery is widely performed and often successful, errors during planning, surgery, or post-operative care can result in serious harm. 

Understanding when a poor outcome crosses the line into malpractice is essential for protecting your legal rights.

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Do I Need a Truck Accident Lawyer for Spine or Brain Injuries?

Truck accidents are some of the most devastating collisions on the road.

The massive size and weight of commercial trucks compared to passenger vehicles often result in catastrophic injuries when crashes occur.

Among the most serious are spine and brain injuries, both of which can lead to long-term disabilities, permanent loss of mobility, and an overwhelming financial burden.

For victims and their families, navigating the legal process after such a life-changing accident can feel impossible without the right professional guidance.

If you or a loved
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What Makes Truck Accident Lawsuits Different from Car Accident Claims?

When someone is involved in a motor vehicle accident, whether it involves a car or a large commercial truck, the aftermath can be overwhelming.

However, truck accident lawsuits are fundamentally different from car accident claims in many ways.

These differences stem from the size and nature of trucks, the laws regulating them, and the unique challenges victims face when pursuing compensation.

Understanding these distinctions is crucial for anyone navigating the legal aftermath of a truck crash.

1. Severity of Injuries and Damage

One of the
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How Do Truck Accident Lawyers Deal with Semi-Truck and 18-Wheeler Crashes?

Accidents involving semi-trucks and 18-wheelers can be catastrophic, often resulting in severe injuries, extensive property damage, and tragic fatalities.

Unlike typical car accidents, crashes with large commercial vehicles bring unique challenges due to their size, the complexity of trucking regulations, and the multiple parties often involved.

This is where truck accident lawyers step in to provide essential legal guidance and support for victims and their families.

If you or a loved one has been affected
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2026 Guide: Who can file a wrongful death lawsuit in Atlanta, Georgia

Who can file a wrongful death lawsuit in Atlanta, Georgia is a question many families ask after a sudden, devastating loss caused by negligence, misconduct, or unsafe conditions. 

In moments of grief, families are often overwhelmed not only by emotional pain but also by uncertainty about their legal rights, timelines, and eligibility under Georgia law.

Wrongful death claims in Atlanta are governed by strict statutes that determine who may file a lawsuit, how compensation is distributed, and
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Medical Malpractice and Surgical Errors: What Patients Should Know Before Hiring a Lawyer

Surgical malpractice lawyer guidance is essential when a preventable surgical error causes serious harm.

Surgery places patients in a vulnerable position, relying entirely on the training, judgment, and care of medical professionals. While some complications are known risks, others stem from mistakes that should never happen. When surgical errors occur due to negligence, patients may have legal rights under medical malpractice law.

Understanding how surgical errors fit into medical malpractice claims and what to
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10 Signs You Should Hire a Truck Accident Lawyer After Being Hit by a Truck

Truck accident lawyer guidance is critical when a collision involves a commercial truck because these cases are fundamentally different from standard car accidents. 

The sheer size and weight of trucks increase the likelihood of catastrophic injuries, while the legal aftermath often involves powerful trucking companies, complex regulations, and aggressive insurance tactics.

After being hit by a truck, victims are often overwhelmed by medical treatment, lost income, and uncertainty about what to do next. 

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30 Questions You Should Ask Before Signing a Wrongful Death Agreement

A wrongful death agreement is often presented during one of the most emotionally overwhelming moments a family can face.

After the loss of a loved one, insurance companies or defense attorneys may offer a settlement that promises closure, financial support, and relief from a prolonged legal process.

But once signed, a wrongful death agreement is typically final and binding.

Many families assume a settlement offer automatically reflects fairness, legal compliance, or full compensation.

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Was Your Cancer Misdiagnosed? Understanding Malpractice Risk and Legal Options

Cancer misdiagnosis medical malpractice is one of the most serious and life-altering forms of medical negligence.

When cancer is missed, delayed, or incorrectly diagnosed, patients often lose access to early treatment options that could significantly improve survival. 

The harm caused by a diagnostic failure is rarely temporary—it can permanently alter a person’s health, finances, and quality of life.

Despite advancements in diagnostic imaging, oncology care, and standardized screening protocols, medical malpractice for cancer misdiagnosis continues
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Healthcare Communication Failures and Medical Malpractice: What Patients Need to Know in 2026

Healthcare communication failures and medical malpractice are closely connected issues in modern healthcare, especially as care delivery becomes more complex in 2026. 

Despite advances in digital records, telehealth, AI-assisted diagnostics, and multidisciplinary care teams, communication failures in healthcare remain one of the leading causes of preventable harm and medical malpractice due to poor communication.

Studies and expert analyses consistently show that patient safety and communication breakdowns often occur together.

When information is unclear, delayed, or misunderstood,
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