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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How Does Wrongful Death Law Apply to Truck Accidents?

Truck accidents are among the most catastrophic events on the road due to the sheer size and weight of commercial vehicles. 

When these collisions result in fatalities, families are often left facing emotional devastation and overwhelming financial burdens. 

In such situations, wrongful death lawyer provides a legal pathway for surviving family members to seek justice and compensation. 

Understanding how wrongful death claims work in the context
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Can a Wrongful Death Lawyer in Georgia Take a Case on Contingency?

Families affected by the death of a loved one due to careless or intentional behavior often turn to the legal system for justice. 

In Georgia, wrongful death claims allow surviving family members to hold responsible parties accountable while seeking financial compensation. 

However, many families hesitate to file a wrongful death case because of the costs associated with legal representation. 

This raises an important question: Can a wrongful death lawyer(more…)

What Are the First Steps in Filing a Wrongful Death Lawsuit?

When a family member passes away because of someone else’s negligence or wrongful actions, the loss is not only emotional but often financial as well. 

Medical bills, funeral expenses, and the sudden absence of income can leave families struggling to find stability. 

Beyond the financial burden, there is also a deep desire for justice—to hold the responsible parties accountable for their actions.

Filing a wrongful death lawsuit can
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How Do I Know If I Need a Medical Malpractice Lawyer in Duluth?

Medical negligence is one of the most distressing experiences a patient or family can face.

When a trusted healthcare provider fails to meet the standard of care, it can lead to devastating and long-lasting consequences.

If you believe you or your loved one has suffered harm due to a medical error, you may be asking yourself whether you need a Medical Malpractice Lawyer.

In Duluth, understanding when to seek
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How Can a Misdiagnosis Attorney in Duluth Help After a Wrong Diagnosis?

A wrong medical diagnosis can be devastating, affecting not only the patient’s health but also their trust in the healthcare system. 

Whether it involves a delayed diagnosis, a mistaken condition, or an overlooked symptom, the consequences can be severe. 

Misdiagnosis can lead to inappropriate treatments, worsening of the condition, or even life-threatening outcomes. 

For patients and families facing such circumstances, a Medical Malpractice Lawyer in Duluth can be
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How Can a Medical Malpractice Lawyer in Duluth Prove Doctor Negligence?

Medical malpractice occurs when a healthcare professional fails to provide care that meets the accepted standard, resulting in harm or injury to a patient. 

While patients trust doctors to deliver competent and safe care, mistakes do happen. 

When these mistakes cause significant injury, patients often need the guidance of a Medical Malpractice Lawyer to seek justice and compensation. 

In Duluth, Georgia, proving doctor negligence requires careful investigation, expert
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Why Hire a Wrongful Death Lawyer in Duluth Instead of Handling It Alone?

Few experiences in life are as heartbreaking as losing someone you love.

When that loss happens due to someone else’s negligence—whether in a car accident, workplace incident, or medical malpractice—it becomes even more devastating. 

Families left behind often face overwhelming emotional pain, financial burdens, and legal complexities. 

During such a time, many wonder: Should we handle this on our own or hire a wrongful death lawyer in Duluth?
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What Does a Duluth Tanker Truck Accident Attorney Do?

Accidents involving tanker trucks can be some of the most devastating crashes on Georgia’s roads. 

Unlike standard vehicles, tanker trucks often transport hazardous materials such as fuel, chemicals, or industrial liquids. 

When these vehicles are involved in a collision, the consequences can be catastrophic — from massive explosions and toxic spills to multi-vehicle pileups. 

Victims of such accidents face serious injuries, mounting medical bills, and emotional trauma. 

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How to Find the Best 18-Wheeler Accident Lawyer in Duluth?

Accidents involving 18-wheelers can cause devastating consequences due to the size and weight of these massive commercial trucks. 

Victims often face severe injuries, significant medical bills, lost wages, and long-term physical or emotional suffering. 

In such cases, having the right 18-wheeler accident lawyer in Duluth can make all the difference in securing fair compensation and justice. 

But with so many law firms to choose from, how do you
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How Do Wrongful Death Lawyers in Duluth Help Families Get Justice?

Families are often left struggling to cope when a beloved member dies. 

When that loss is caused by the negligence, recklessness, or intentional wrongdoing of another, the grief is often compounded by anger and a need for justice. 

This is where wrongful death lawyers Duluth play a vital role. 

These legal professionals guide families through the complex legal process, helping them seek accountability and obtain financial compensation that
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