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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The Role of a Wrongful Death Lawyer in Securing Justice for Your Family

A wrongful death lawyer in Georgia plays a critical role in protecting families after the devastating loss of a loved one caused by negligence or misconduct. 

Beyond filing paperwork, legal counsel investigates the facts, preserves evidence, identifies liable parties, and pursues full compensation under Georgia law.

Losing a family member unexpectedly often creates emotional trauma alongside financial instability. 

A wrongful death attorney Georgia families trust provides structure, advocacy, and strategic direction
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Seeking Justice After a Wrongful Death Caused by Medical Negligence

Losing a loved one due to medical negligence is one of the most devastating experiences anyone can face. 

The emotional impact is compounded when you discover that the death could have been prevented with proper medical care.

In such circumstances, pursuing a wrongful death claim can offer both justice and financial relief, helping families heal while holding negligent healthcare providers accountable. 

This blog will explore how to seek justice after a wrongful death
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When Women’s Health Care Errors Lead to Malpractice Claims

In the realm of women’s health care, medical errors can have serious and sometimes life-altering consequences. 

As a lawyer specializing in medical malpractice, we often encounter cases where women have suffered due to errors in diagnosis, treatment, or surgical procedures in OB/GYN care, pregnancy management, and other women’s health issues. 

Medical professionals, especially OB/GYNs, carry a duty to provide competent care, and when they fail to do so, the repercussions for patients can be severe.
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What Families Should Know About Dividing a Wrongful Death Settlement

Losing a loved one due to a tragic accident is an incredibly difficult experience, both emotionally and financially. 

In addition to the grief and loss, families often face the complex process of dividing a wrongful death settlement. 

Understanding the legal aspects of how a wrongful death settlement is divided can help ease some of the stress during this challenging time. 

This article provides important information on how wrongful death settlements are
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How a Truck Accident Lawyer Builds a Case From Investigation to Resolution

If you’ve been involved in a truck accident, the importance of hiring an experienced truck accident lawyer cannot be overstated. 

These lawyers specialize in handling complex truck accident cases and will guide you through the entire process from the initial investigation to securing the compensation you deserve. 

A skilled truck accident lawyer builds a case step by step, gathering evidence, negotiating with insurance companies, and, if necessary, taking the case to trial. 

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After a Truck Crash: A Truck Accident Attorney Explains Your Legal Options

A truck accident attorney provides critical legal guidance after a serious commercial vehicle collision, helping victims understand their rights and pursue financial recovery. 

When a crash involves a tractor-trailer, delivery truck, or other large commercial vehicle, the legal landscape becomes far more complex than a standard car accident claim.

These collisions often involve catastrophic injuries, multiple insurance policies, corporate legal teams, and federal safety regulations. 

A knowledgeable legal advocate does more than file
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Truck Driver Accident: What Happens Next and Do You Need a Lawyer?

Truck accidents are complex and often result in severe injuries, significant property damage, and complicated legal issues. 

When you’re involved in a truck driver accident, the aftermath can be overwhelming. 

Understanding what happens next and whether you need a truck accident lawyer can significantly impact your ability to recover compensation and protect your rights. 

In this blog, we’ll walk you through the steps to take after a truck accident, why hiring
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Why Hiring a Medical Malpractice Lawyer Matters in Hospital Negligence Cases in Duluth

Medical malpractice in Duluth, particularly in the context of hospital negligence, can be a life-altering experience. 

Hospitals are places where patients trust healthcare providers to deliver the highest standard of care. 

However, when errors occur due to negligence whether it’s a missed diagnosis, medication error, or surgical mistake, the consequences can be devastating. 

In such situations, hiring an experienced medical malpractice lawyer in Duluth becomes crucial to ensure victims receive the
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What Happens If You’re Injured in a Truck Accident in Duluth?

Truck accidents are among the most devastating types of road collisions, and if you’re injured in a truck accident in Duluth, you may face severe injuries and complicated legal battles. 

A Truck Accident Lawyer in Duluth can help you navigate the process, ensuring that you receive the compensation you deserve for your injuries. 

These accidents often involve complex factors like truck company liability, insurance claims, and multiple responsible parties, making professional legal representation crucial for
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Why Medical Malpractice Experience Matters: Lessons From a Court Decision

When pursuing a medical malpractice case, the experience of your lawyer is crucial to ensuring the best possible outcome. 

Legal knowledge is important, but medical malpractice law requires specialized expertise to navigate the complexities of healthcare systems, medical records, and expert testimonies. 

Recent court decisions highlight how experienced lawyers make a significant difference in securing justice for victims of medical negligence.

The Role of an Experienced Medical Malpractice Lawyer

An experienced
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