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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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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