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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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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