Personal Injury & Wrongful Death

Uninsured Motorist Setoffs

On November 21, 2007, the Supreme Court of Georgia issued an important opinion in Dees, et al. v. Logan, involving uninsured motorist coverage in the state of Georgia. The question presented to the Supreme Court was whether a damage award to an insured can be offset by workers’ compensation or similar benefits paid to the insured. The Court answered with a resounding “No”.
Dees and his wife brought suit against a defendant seeking damages for injuries suffered in an automobile collision. The jury awarded the
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Arbitration Clauses Seek To Ban Class Action Arbitration

In the case of Green Tree Financial Corp. v. Bazzle, 123 S.Ct. 2402, (2003) the U.S. Supreme Court opened the doors to class action arbitrations. The Court held that if an arbitration clause is silent regarding class actions, it’s up to the arbitrator (applying state law) to decide whether class arbitration will proceed.
Banks, credit companies and employers which traditionally have favored mandatory arbitration clauses, have been adding waivers to arbitration contracts specifically exempting class actions from arbitration. Consumer lawyers have responded by challenging the
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Brain Surgery On Wrong Side Of Head Three Times At Same Hospital

It was reported today that a Rhode Island hospital has been fined $50,000 by the Rhode Island Department of Health and reprimanded after a doctor performed brain surgery on the wrong side of the patient’s head.
According to reports, this was the third time this year at the particular hospital that a doctor performed brain surgery on the wrong side of the patient’s head.
The most recent case happened last Friday when the Chief Resident began surgery on the wrong side of an 82 year-old
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Tamiflu Dangers For Children

Last Friday, the Food and Drug Administration (FDA) issued a safety review of Tamiflu, manufactured by Roche, and Relenza, manufactured by Glaxo Smith Kline. Both of these drugs are designed to mitigate the effects of the flu. The review addresses the potential dangerous effect these drugs can have on children.
The FDA began reviewing Tamiflu in 2005 after it received reports of children experiencing neurological problems, including hallucinations and convulsions. Twenty five patients under the age of 21, most of them in Japan, have died
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ATV Dangers – Units Recalled

Late last week, Baja Motor Sports of Phoenix in conjunction with the Consumer Product Safety Commission issued a recall for 16,000 all terrain vehicles marketed for children as young as 12. The Baja 90, Baja Wilderness 90 and Baja Wilderness 90U four-wheel ATVs were recalled because they are missing a tire pressure gauge and a flagpole mounting bracket. Although neither the CPSC nor the company reported any injuries, they did consider the lack of the items to be a potential danger. These particular vehicles were
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Dangerous Toy Lawsuit Filed By California

This week, California’s Attorney General filed a lawsuit against 20 companies implicated in the various lead-tainted toy recalls of 2007. Among the companies named in the lawsuit are Mattel, Fisher-Price, Toys R Us, Wal-Mart, Target, Sears, K B Toys, Costco Wholesale, Eveready Battery Company, K-Mart, and Marvel Entertainment.
The lawsuit alleges that the companies violated the California Safe Drinking Water and Toxic Enforcement Act of 1986 since they failed to notify customers of toys in the marketplace that contained high concentrations of lead. Although the
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Cell Phones- Driving Dangers

Our serious injury lawyers are frequently litigating car collision cases in which the driver causing the serious injury was using a cell phone while operating the vehicle.
Research has consistently shown that operating an automobile while talking on a cell phone, either hand-held or hands-free, increases the risk of an accident by three to four times that normally experienced by attentive drivers. The general consensus of the scientific community is that there is little, if any, difference in crash rates involving hands-free versus hand-held cell
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Serious Dangers from Toys – Will It Ever End?

Many of you have already read press reports about the recall of over 4 million children’s craft kits because they contain beads coated with a chemical that turns into a dangerous drug if ingested. We have previously blogged about problems with Chinese manufactured toys and the Consumer Product Safety Commission.
In light of the massive recalls of these extremely dangerous toys, one has to wonder why these toys reached the shelves of stores in the first place. Many consumer advocates are now contending that these
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Structured Settlements in Serious Injury Cases

When a client is so seriously injured that they may not be able to work again at the same job and will likely incur future medical costs, it may be prudent for the client to consider a structured settlement as opposed to a lump sum cash settlement if one is offered. Our attorneys have handled many serious injury cases where a structured settlement has truly been in the best interests of our client. This is particularly so in the context of cases where the client
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Life Care Plans for the Catastrophically Injured Child

One of the many difficulties faced by attorneys who work on serious injury cases arises in the context of a catastrophic injury case involving a child. Many times, due to limitations on the extent of their medical knowledge, the doctors treating the child cannot always give an accurate prognosis for the child. Thus, it can be difficult when a child has been seriously injured to accurately predict how the injuries will manifest themselves as the child grows older. In some very sad cases, of course,
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Seeking Justice for Your Family? Why You Should Hire a Compassionate Wrongful Death Attorney in Atlanta

Losing a loved one is one of the most devastating experiences anyone can go through, especially when their death is the result of someone else’s negligence. 

In such a difficult time, seeking justice can feel overwhelming, but hiring a wrongful death attorney in Atlanta can help guide you through the legal process and ensure that you receive the compensation your family deserves. 

A skilled attorney not only provides legal expertise but also offers the support
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What Is Wrongful Death? Breaking Down the Legal Process Step by Step

The sudden loss of a loved one due to negligence or intentional harm is one of the most devastating experiences a family can face. 

In such situations, seeking justice through a wrongful death claim can provide both legal closure and financial relief. 

A wrongful death lawyer can guide you through this challenging process. 

This blog will break down the steps involved in a wrongful death lawsuit, including how wrongful death attorneys
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How Medical Error Claims Are Proven by a Misdiagnosis Lawyer in Atlanta

In the field of healthcare, receiving the wrong diagnosis can have serious consequences. 

A misdiagnosis lawyer in Atlanta is key to helping victims navigate the complex process of medical malpractice claims resulting from incorrect diagnoses. 

Proving that a misdiagnosis occurred and led to harm requires detailed legal expertise, access to medical records, and an understanding of both medical and legal nuances. 

This article will explore how a misdiagnosis claim is proven, what steps a lawyer takes to gather evidence, and how victims can seek justice.

The Serious Impact of Misdiagnosis in Healthcare

Misdiagnosis occurs when a healthcare professional incorrectly identifies a condition, which leads to the patient receiving the wrong treatment or delay in receiving the proper care. 

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Why Experience is Key When Choosing the Best Medical Malpractice Lawyer in Atlanta

When dealing with medical malpractice, finding a skilled medical malpractice lawyer in Atlanta is crucial to ensuring your case is handled with the expertise it deserves. 

The complexities of medical malpractice cases require the attention of experienced professionals who can navigate the legal and medical intricacies of your claim. 

This guide will highlight the importance of hiring the best medical malpractice lawyer in Atlanta and provide insight into the legal process.

Key Factors Affecting Medical Malpractice Cases

When pursuing a medical malpractice case, it’s crucial to consider several factors that can significantly impact the outcome. 

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What to Do After a Local Delivery Truck Wreck: Why You Need a Specialized Law Firm

If you’ve been in a local delivery truck wreck, knowing the right steps to take right away can make all the difference in protecting your rights and securing fair compensation.

Accidents involving delivery trucks can lead to complex legal situations, and having the right lawyer by your side can make all the difference.

In this blog, we’ll walk you through the steps
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Why You Shouldn’t Settle for Less: Hire a Medical Malpractice Lawyer Near Me

When you’ve suffered from medical malpractice, the last thing you want is to settle for less than you deserve.

Having a medical malpractice lawyer near me can ensure that you are properly represented and your rights are protected.

Medical malpractice cases can be extremely complex, and it’s essential to have a lawyer with the necessary expertise to fight for your rights.

In this blog, we’ll explain why hiring a specialized medical malpractice attorney is crucial, how to find the best lawyer near you, and why
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How an Amazon Delivery Truck Accident Lawyer Can Magnify your Compensation

If you’ve encountered an accident with an Amazon delivery truck, taking the help of an Amazon  delivery truck accident lawyer is one of the most effective ways to secure the compensation you deserve.

These types of accidents are often more intricate than typical vehicle collisions due to the involvement of a large corporation like Amazon.

Dealing with Amazon and its insurance firms requires a skilled attorney who specializes in such cases.

The right lawyer can amplify your compensation, ensuring that you don’t settle for
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Fighting Back After Loss: How Wrongful Death Attorneys Serve as Your Rescuers

When someone passes away due to the careless or reckless actions of another, the aftermath can be overwhelming.

During this time, wrongful death attorneys offer invaluable support, helping families navigate the legal complexities that follow.

These attorneys play a critical role in ensuring that justice is served, while also seeking compensation for the losses incurred.

In this blog, we’ll explore the role of wrongful death attorneys and how they help families seek justice and closure.

What Constitutes Wrongful Death?

Wrongful death refers to a situation
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Top 7 Types of Truck and 18-Wheeler Accidents and How They Happen

If you’ve been involved in an 18-wheeler accident in Atlanta, it’s crucial to consult with an experienced 18-wheeler accident lawyer to help guide you through the legal process.

These accidents are often complex, causing significant damage and serious injuries.

In this post, we’ll explore the top seven types of 18-wheeler accidents, what causes them, and how a skilled 18-wheeler crash lawyer near me in Atlanta can help you pursue the compensation you deserve.

The Serious Nature of 18-Wheeler Accidents

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How to Find the Right Wrongful Death Attorney for Your Case: Quick Steps to Take Before Hiring

How to find a wrongful death attorney is often the first question families ask after losing a loved one due to someone else’s negligence.

The emotional impact of a sudden loss can make legal decisions feel overwhelming, yet choosing the right legal representation is one of the most important steps in protecting your family’s rights.

Many people first try to understand what is wrongful death before exploring legal options.

In simple terms, wrongful death refers to a fatal incident caused by negligence, misconduct, or unsafe
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