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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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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