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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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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