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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Can a Duluth Truck Accident Lawyer Help in Drunk Driving Truck Cases?

When a truck driver chooses to drive under the influence, the consequences can be catastrophic. 

Drunk driving combined with the size and weight of a commercial truck often leads to life-altering injuries or even fatalities.

Victims and their families are left with overwhelming questions—how will medical bills be paid, who is responsible, and what legal steps can bring justice?

That’s where an experienced Duluth Truck Accident Lawyer becomes essential. 

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How a Duluth Truck Accident Lawyer Can Maximize Your Compensation

When you or someone you love suffers injuries in a truck collision, the damage goes far beyond property. 

Medical bills, lost wages, long-term rehabilitation, emotional distress, and diminished quality of life can follow.

Insurance companies and trucking firms are often prepared for aggressive defense. 

That’s where a Duluth Truck Accident Lawyer steps in—not just to file paperwork, but to level the playing field.

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Truck Accident Laws in 2025: Everything Victims Need to Know

Truck accidents are among the most devastating crashes on U.S. roads. Unlike car accidents, these cases often involve massive vehicles, complicated regulations, and multiple liable parties. That’s why truck accident laws exist—to protect victims and ensure accountability.

If you or a loved one has been injured in a truck crash, understanding these laws is the first step toward getting the compensation you deserve. Let’s break it down in plain language.

1. Overview of Truck Accident Laws in the U.S.

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How Does Wrongful Death Law Protect Minor Children?

When a parent passes away due to negligence or misconduct, the impact on minor children is devastating—both emotionally and financially.

In such tragic circumstances, families often turn to a Wrongful Death Lawyer for guidance.

Wrongful death laws are designed to provide justice and financial relief to surviving family members, particularly dependent children.

These laws recognize that children rely on their parents for not only love and care but also financial support,
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What Questions Should I Ask a Wrongful Death Lawsuit Lawyer in Georgia?

Losing a loved one due to someone else’s negligence is one of the most devastating experiences a family can face.

While no legal action can bring back a life, filing a wrongful death claim can help you pursue justice and secure financial support for the future.

Choosing the right Wrongful Death Lawyer is one of the most critical steps in this process.

In Georgia, laws surrounding wrongful death are specific and
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What Questions Should I Ask the Best 18-Wheeler Accident Lawyer in Atlanta?

When you or a loved one has been injured in a collision involving a large commercial truck, finding the right Truck Accident Lawyer becomes one of the most critical steps toward securing justice and compensation.

Atlanta’s busy highways see thousands of 18-wheelers every day, and unfortunately, accidents involving these massive vehicles often result in life-altering injuries and significant financial burdens.

That’s why hiring the best personal injury lawyer in Atlanta who specializes in trucking
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What Are the Benefits of Hiring a Georgia Wrongful Death Lawsuit Lawyer?

Experiencing the sudden loss of a loved one due to someone else’s negligence or intentional actions is a heartbreaking ordeal.

Beyond the emotional turmoil, families often face complex legal and financial challenges that can feel overwhelming during such a difficult time.

In Georgia, wrongful death laws are designed to provide compensation to surviving family members, but navigating these laws and ensuring justice is achieved can be daunting without professional guidance.

This is where hiring a skilled wrongful death lawyer becomes crucial.

Understanding Wrongful Death
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Can a Delivery Truck Injury Lawyer Sue Companies Like Amazon or UPS in Georgia?

Delivery trucks have become a cornerstone of modern life, ensuring that packages, goods, and essential items arrive at our doorsteps promptly.

However, with this surge in delivery services comes an increase in traffic incidents involving these vehicles.

When accidents occur, the aftermath can be physically, emotionally, and financially devastating for the victims.

Many wonder: can a delivery truck injury lawyer sue major companies like Amazon or UPS in Georgia?

The answer is yes, under certain circumstances, but the process is complex and requires expert
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How Do Lawyers Negotiate Settlements in Wrongful Death Cases?

When a family suffers the death of someone dear because of negligence or misconduct, the path through legal proceedings can seem intimidating. 

A wrongful death case allows surviving family members to pursue justice and financial compensation. 

While some cases proceed to trial, many are resolved through settlements. 

Understanding how lawyers negotiate these settlements is crucial for families seeking closure and fair compensation.

The Goal of a Wrongful Death Settlement

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What Is the Difference Between Economic and Non-Economic Damages in Wrongful Death?

Surviving relatives may have the right to file a wrongful death claim when a loved one dies as a result of negligence, recklessness, or deliberate misconduct. 

These lawsuits provide a way to hold the responsible party accountable and secure financial compensation for the losses endured by the family. 

However, wrongful death compensation is not one-size-fits-all. 

It is divided into two primary categories: economic damages and non-economic damages. 

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