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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Finding the Best Medical Malpractice Attorney Atlanta Has to Offer

Medical malpractice is a serious issue that can have life-altering consequences.

Whether it involves surgical errors, misdiagnosis, medication mistakes, or birth injuries, victims often face significant physical, emotional, and financial challenges.

In such situations, hiring a skilled Medical Malpractice Attorney in Atlanta is crucial to protect your rights and ensure you receive the compensation you deserve.

This article will guide you through finding the best medical malpractice attorney Atlanta has to offer, what to look for, and how to navigate the legal process effectively.
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Hiring a Tractor-Trailer Crash Lawyer in Georgia After a Fatal Accident

Tractor-trailer accidents can have devastating consequences, often resulting in serious injuries or even fatalities.

When a fatal accident occurs involving a large commercial vehicle in Georgia, the aftermath is emotionally overwhelming, legally complex, and financially taxing.

Families are left grappling with loss while simultaneously navigating complicated legal procedures.

This is where hiring a skilled tractor-trailer crash lawyer becomes crucial.

In this article, we will explore the importance of hiring an experienced
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How to File a Wrongful Death Claim and Protect Your Family’s Rights

Losing a loved one unexpectedly is one of the most painful experiences anyone can endure.

When the death results from someone else’s negligence, recklessness, or intentional act, the emotional toll is often compounded by financial burdens and the pursuit of justice.

his is where a wrongful death claim becomes vital—it allows surviving family members to hold the responsible party accountable and secure compensation for their loss.

If you’re wondering how
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How to Find a Wrongful Death Attorney Near You in 2025

Losing a loved one is one of the most painful experiences anyone can endure.

When that loss is caused by someone else’s negligence—whether through a car accident, workplace incident, medical error, or defective product—the pain is compounded by questions of justice and accountability.

This is where finding the right wrongful death attorney becomes essential.

In 2025, the legal landscape has become even more specialized, and choosing the right lawyer requires careful consideration.

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The Pros and Cons of Truck Accident Lawsuit Funding

Truck accidents can be devastating—physically, emotionally, and financially. 

Victims often face mounting medical bills, missed paychecks, and the stress of ongoing recovery. 

While pursuing a Truck Accident Lawsuit can provide compensation, settlements take time. 

This is where lawsuit funding (sometimes called pre-settlement funding) comes into the picture. 

It offers financial relief while a case moves forward, but it’s not without trade-offs.

In this article,
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How Truck Accident Loans Keep Victims Covered Until the Case Settles

When a devastating truck accident happens, the impact goes far beyond physical injuries. 

Medical bills pile up, lost wages create uncertainty, and day-to-day expenses become overwhelming. 

Victims often find themselves asking: “How do I stay afloat while my case drags on for months—or even years?”

This is where Truck Accident Loans come into play. 

These loans—also known as pre-settlement funding or lawsuit funding—are designed to provide victims
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What You Must Know Before Taking a Truck Accident Loan

Truck accidents can leave victims facing months—or even years—of recovery.

The physical injuries are often severe, the medical bills overwhelming, and the financial stress immediate.

When bills pile up faster than insurance settlements arrive, many victims consider a Truck Accident Loan as a way to stay afloat during the legal process.

But before you take this step, it’s crucial to understand how these loans work, what myths surround them, and how a trusted Truck Accident Loan Lawyer can guide you through the process.

This
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Need Cash Now? Truck Accident Lawsuit Loans Offer Relief—But at What Cost?

Being involved in a Truck Accident Lawsuit can flip your life upside down overnight.

Suddenly, you’re dealing with painful injuries, lost wages, vehicle repairs, and overwhelming medical bills.

Meanwhile, your case drags through insurance companies, negotiations, and court systems—sometimes taking months or even years before you see any settlement.

That’s why many accident victims look for “fast cash” through lawsuit loans.

These advances, also called pre-settlement funding, are pitched as a financial safety net.

But while they can provide relief, they often come with
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Wrongful Death Lawsuits for Children and Elderly Victims

The pain of losing a loved one is something words can hardly capture—especially when that loss is sudden, preventable, and caused by someone else’s negligence.

For families who lose children or elderly relatives, the grief often feels compounded.

Beyond the emotional toll, families are left with legal, financial, and practical questions: Who is responsible? 

What are our rights? 

How do we move forward?

That is where Wrongful Death Lawsuits for Children and Wrongful Death Lawsuits for Elderly Victims come into focus.
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Wrongful Death Claim Evidence Checklist for Families

The unexpected loss of a loved one is not only heartbreaking but also confusing from a legal standpoint.

When negligence, recklessness, or intentional misconduct is involved, families may be entitled to compensation through a Wrongful Death Claim.

But here’s the truth: no wrongful death lawsuit can succeed without solid evidence.

Courts and insurance companies will not simply take a family’s word for what happened.

They require proof that someone else’s actions caused the death, and that the surviving family members have suffered measurable losses.
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