Motor vehicle accidents often leave victims struggling to pay medical bills. Even if victims have insurance coverage through their employer, plan administrators may look for any loophole possible to deny benefits. A recent federal case in Georgia illustrates just how extensive litigation may become in such circumstances. Faison v. Donalsonville…
A federal judge in Augusta recently issued an interesting decision regarding an insurer’s liability for an accident allegedly caused by a drunk driver. The driver was driving his employer’s vehicle off-hours, and the insurer argued it was therefore not required to provide coverage under the employer’s policy. Great American Alliance…
Last September, a federal appeals court in Atlanta asked the Georgia Supreme Court to rule on a question of state law relevant to a federal lawsuit. The Supreme Court delivered its answer in a unanimous May 11 opinion. The underlying case involves an accident victim’s entitlement to underinsured motorist benefits…
Bicycle accidents occur all too frequently in Georgia and throughout the country. A 2012 federal study showed that 17 bicyclists died in accidents in Georgia, 11th highest among all states. The Atlanta Journal-Constitution further noted last year there were more than 129 bicycle collisions in Fulton and DeKalb counties alone…
Premises liability is often associated with “slip and fall” cases. For example, if a person slips in a puddle in the middle of supermarket and injures himself, the store can be held liable if it knew about the water and failed to mop it up in a timely fashion. But…
Government employees are not subject to the same standards as members of the general public. As a general rule in Georgia, a state employee enjoys “official immunity” when exercising discretion in the performance of his or her duties. Only when a state employee fails to carry out a specifically mandated…
Jurisdiction is often a tricky issue to understand in personal injury cases. Most personal injury lawsuits, such as those arising from motor vehicle accidents, are heard in state courts. But a case may be tried in federal court if there is “complete diversity” among the parties. This means, for example,…
Malignant mesothelioma is a deadly form of cancer usually caused by exposure to asbestos. Prolonged inhalation of asbestos fibers can lead to a mesothelioma diagnosis decades after the fact. Because asbestos was commonly used in the construction industry until the 1970s, over a million people are still at risk for…
The Georgia Court of Appeals has made it more difficult for persons injured on other people’s property to bring a premises liability claim. In a March 30 decision, a divided appeals court upheld a trial judge’s decision to grant summary judgment in the case of a man injured while working…
If someone is injured on your property and sues, you naturally expect your insurance company will cover any damages. But insurance policies are complex contracts often containing multiple exclusions, which could leave you on the hook for a large award. That is why it is important to understand every term…