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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Why You Should Schedule a Consultation with a Semi-Truck Wreck Lawyer

If you’ve been involved in a semi-truck accident, scheduling a consultation with a semi-truck wreck lawyer is essential for ensuring your rights are protected and that you receive the compensation you deserve.

Semi-truck accidents differ from standard car crashes due to their complexity, which involves multiple parties, intricate legal frameworks, and often large-scale insurance negotiations.

Consulting with an expert truck accident lawyer will help you navigate these complexities with confidence.

In this article, we’ll explain why consulting a semi-truck wreck lawyer is vital, what you
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Why It is Most Important to Choose Professionals Lawyers for Wrongful Death in Atlanta

Losing a loved one due to someone else’s negligence or wrongful actions is a devastating experience.

In such times, lawyers for wrongful death become crucial in seeking justice.

Choosing the right attorney can be the difference between securing compensation for your loss and facing an uphill battle in the legal system.

In this blog, we will explore why it’s most important to hire experienced and professional lawyers for wrongful death cases in Atlanta.

What is Wrongful Death?

Wrongful death refers to a fatality caused by
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How a Wrongful Death Lawyer in Duluth Can Help You Deal with the Emotional and Legal Challenges

Losing a loved one due to someone else’s negligence is an incredibly difficult experience.

During this emotional time, it can be overwhelming to deal with the legal aspects of pursuing a wrongful death claim.

A wrongful death lawyer in Duluth can help you navigate both the emotional and legal challenges, ensuring that your family receives the justice and compensation you deserve.

From understanding complex legal terms to providing the necessary support, an attorney specializing in wrongful death cases can make a significant difference in the
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Filing a Wrongful Death Claim After a Truck Accident in Duluth

Losing a loved one in a truck accident is devastating, especially when the accident could have been prevented. 

Filing a wrongful death claim after a truck accident in Duluth is a critical legal step for families seeking justice and compensation for their loss. 

A wrongful death lawsuit allows the family to hold responsible parties accountable and recover compensation for funeral expenses, lost wages, and emotional suffering. 

In this blog,
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Why Hiring a Truck Accident Attorney for Commercial Truck Accidents Makes a Difference

Commercial truck accidents can be life-changing, causing significant injuries and long-term consequences for victims. 

When involved in a commercial truck accident, hiring a truck accident attorney is essential to protect your rights, navigate complex laws, and secure fair compensation. 

A skilled attorney can ensure you understand the legal process, gather key evidence, and negotiate with insurance companies to achieve the best possible outcome. 

In this blog, we will explore why hiring
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Understanding Medical Malpractice During Birth: why choose medical malpractice attorney to protect your family

Medical malpractice during birth is a serious issue that can have lifelong consequences for both the mother and the child. 

When medical negligence during childbirth leads to injuries, it can leave families devastated. 

That’s why it’s crucial to have a medical malpractice attorney by your side to protect your family’s rights and secure the compensation you deserve. 

Birth injuries caused by medical errors can range from physical injuries to the baby,
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When Can a Misdiagnosis Lead to a Medical Malpractice Claim?

Misdiagnosis in healthcare is a serious issue that can lead to significant physical, emotional, and financial consequences. 

When a healthcare professional provides an incorrect diagnosis, it can be considered medical malpractice, and the patient may be entitled to compensation. 

In this blog, we will explore when a misdiagnosis qualifies as medical malpractice and the legal steps involved in filing a claim.

What is Misdiagnosis?

Misdiagnosis occurs when a healthcare provider fails
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9 Challenges in Georgia Log Truck Crash Claims: Why Experienced Legal Representation Is Essential

When a family contacts our firm after a fatal log truck crash in Georgia, they are often overwhelmed, grieving, and unaware of the legal obstacles already forming against them.

Log truck wrongful death cases are among the most complex and aggressively defended claims in Georgia personal injury litigation. 

These cases are not comparable to standard car accidents or even typical 18-wheeler crashes. 

They involve unique state regulations, rural venue dynamics, inadequate insurance structures,
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What can happen if I wait too long to hire a lawyer after a fatal truck crash or accident in Duluth?

If you wait too long to hire a truck accident lawyer in Duluth, critical evidence may disappear, legal deadlines may expire, and your family’s ability to pursue full compensation could be significantly weakened. 

After a fatal truck crash Duluth GA families often experience shock and grief, making immediate legal decisions difficult. 

However, delay can directly impact a wrongful death truck accident Georgia claim.

Commercial trucking cases involve complex evidence, corporate defendants,
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Chances of Winning a Wrongful Death Lawsuit After Negligence

The chances of winning a wrongful death lawsuit depend on the strength of the evidence, the clarity of negligence, and the strategy behind the claim. 

Families understandably want to know whether pursuing legal action will lead to accountability and financial recovery.

Although no attorney can promise a guaranteed outcome, the wrongful death claim success rate in Georgia is closely tied to preparation, documentation, and the ability to meet the burden of proof required under state
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