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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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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