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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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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