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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Wrongful Death Claim Myths and Facts Every Family Should Know

Losing a loved one unexpectedly is one of the most painful events a family can endure.

The emotional toll is compounded when the loss happens because of another person’s negligence, recklessness, or misconduct.

In such cases, families may be entitled to bring a wrongful death claim to seek justice.

But too often, misinformation gets in the way.

Friends, neighbors, or even social media posts may spread Wrongful Death Claim Myths that confuse grieving families and stop them from taking the right legal steps.

Some believe
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Lawsuit for Wrongful Death After Medical Malpractice

Losing a loved one is one of life’s most painful experiences.

When that loss is caused by medical negligence, the grief is compounded by anger and the need for accountability.

A lawsuit for wrongful death after medical malpractice is one of the most powerful tools available to families—it allows them to seek justice, uncover the truth, and recover financial compensation for the devastating losses they’ve endured.

This guide explains everything families need to know, from how these cases work to what types of damages are
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Wrongful Death Lawsuit: Claims, Cases & Legal Help

Losing a loved one is one of life’s greatest tragedies.

But when that loss is caused by another person’s negligence, recklessness, or intentional act, the pain can be even more overwhelming.

In these situations, families are often left not only grieving but also facing financial burdens, unanswered questions, and a strong need for justice.

This is where a wrongful death lawsuit comes into play.

A wrongful death lawsuit allows surviving family members to hold responsible parties accountable and seek compensation for the devastating consequences
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Can a Truck Accident Lawyer Help if the Insurance Company Denies My Claim?

Experiencing a truck accident is overwhelming—medical bills, vehicle repairs, and emotional distress often pile up quickly. Many victims assume their insurance company will cover damages, but unfortunately, that’s not always the case. Insurance companies often look for ways to deny or minimize claims, leaving victims feeling frustrated and helpless. This is where the best truck accident lawyer Atlanta can make all the difference.

Why Insurance Companies Deny Truck Accident Claims

Insurance providers are for-profit businesses, and their goal
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How to Check Reviews for Truck Accident Lawyers Near Me

When you or a loved one has been involved in a truck accident, one of the most important decisions you will make is choosing the right legal representation. Truck accidents are often more complex than standard car accidents due to federal regulations, multiple liable parties, and the severity of damages. This makes it essential to find truck accident lawyers who have the right experience, reputation, and proven track record. One of the most effective ways to determine whether an attorney is trustworthy is
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What Should I Bring When Meeting Malpractice Medical Lawyers for the First Time?

Meeting with a medical malpractice lawyer for the first time can feel overwhelming, especially if you or a loved one has suffered harm due to a medical error. Proper preparation for this initial consultation can make a significant difference in how smoothly the process goes and how effectively your case is evaluated. Whether you are meeting a medical malpractice attorney Atlanta or elsewhere, bringing the right documents and information will allow the attorney to fully assess your situation and provide the
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What Questions Should I Ask a Medical Malpractice Lawyer Near Me?

When you or a loved one suffers harm due to a medical professional’s negligence, the decision to pursue a claim is never easy. Medical malpractice cases are complex, emotionally draining, and legally challenging. That’s why hiring the right medical malpractice lawyer is one of the most important steps you can take. A skilled attorney can help you understand your rights, evaluate your case, and fight for the compensation you deserve.

But before hiring an attorney, it’s essential to ask
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What Makes Atlanta Medical Malpractice Attorneys Different from Other Personal Injury Lawyers?

When someone suffers harm due to a healthcare professional’s mistake, the legal path to justice is far from straightforward. While many personal injury lawyers handle cases like car accidents or slip-and-falls, medical malpractice cases are much more complex. That’s where medical malpractice attorneys come in. These specialized professionals have the training, experience, and resources needed to take on hospitals, doctors, and insurance companies in order to protect patients’ rights.

If you’re in Atlanta and searching for legal help after
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What a Medical Malpractice Attorney Does & How They Protect Your Rights

When patients seek medical care, they trust doctors, nurses, and hospitals to provide treatment that improves their health. Unfortunately, mistakes can and do happen, often with devastating consequences. Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, leading to harm or injury to a patient. This is where a Medical Malpractice Attorney plays a crucial role. These legal professionals specialize in holding negligent providers accountable and ensuring victims receive the compensation they deserve.

In this
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The Truth About Average Truck Accident Settlements

Truck accidents are among the most devastating roadway incidents due to the massive size and weight of commercial vehicles. Victims often face life-altering injuries, emotional trauma, and financial strain. One of the most common questions survivors and their families ask after such an incident is: What is the average truck accident settlement? While this is a fair question, the truth is that settlements vary widely depending on the circumstances of each case.

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