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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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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