Process matters when bringing a personal injury lawsuit. This goes double when the defendant is a state government agency. The Georgia Tort Claims Act (GTCA) governs personal injury lawsuits against the state for torts committed by its employees. Normally any government enjoys “sovereign immunity” from lawsuits in its own courts.…
In personal injury or other tort cases, punitive damages are designed not to compensate the victim, but to “penalize, punish or deter” the wrongdoer. Georgia’s punitive damages law requires a plaintiff prove the defendant’s “willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care that would raise the…
A federal judge in Atlanta recently granted summary judgment to the defendant in a personal injury lawsuit. The case is notable because the judge never reached the merits of the plaintiff’s arguments, but rather dismissed the case because she lacked standing to bring the suit in the first place. The…
Hospital liens are a legal device used to ensure medical providers receive payment for services rendered to accident victims. The lien is applied against the proceeds of any personal injury claim made by the victim. Georgia law regulates the enforcement of such medical liens. Recently, the Georgia Supreme Court issued…
The Federal Tort Claims Act (FTCA) allows individuals to sue the United States Government for certain torts committed by its employees. In this sense, the FTCA waives the traditional “sovereign immunity” that the government enjoys from civil lawsuits. Although federal courts have jurisdiction over complaints brought under the FTCA, cases…
Does a company admit negligence when its spokesman apologizes for an accident on its property? The Georgia Court of Appeals recently considered such a case and held that such an apology is not, without additional evidence, enough to sustain a lawsuit against the company. The appeals court affirmed a trial…
An “uninsured motorist” policy provides coverage to the insured when he or she is the victim of an accident caused by another party that has insufficient resources to pay the full amount of any legal damages. In this context, “uninsured” also means under-insured. Thus, for example, if Driver A is…
If you’re in a motor-vehicle accident, it can matter a great deal who owns the offending vehicle, at least when it comes to assessing legal liability. The State of Georgia and its subsidiaries, including cities and counties, are immune from most lawsuits arising from the negligent operation of vehicles by…
Although it’s commonly said that police “protect and serve,” a local government is not necessarily liable when its sworn officers fail to protect the general public from harm. In a 1993 decision, the Georgia Supreme Court adopted what became known as a “public duty doctrine.” This doctrine holds that a…
Under Georgia law, the winning party in a personal injury (or any other civil) lawsuit is usually not entitled to recover attorney fees or costs in connection with the litigation. As the Georgia Supreme Court noted in a 1941 decision, “Where there is a bona fide controversy for the tribunals…