Most personal injury cases are filed in state court. That is because most torts, including personal injury, are governed by state law. There are, however, times when a personal injury case is filed in state and then removed (transferred) to a federal court. This is typically done by out-of-state defendants,…
When a child dies on someone’s property as the result of negligence, the property owner and other responsible parties may be held liable for millions in damages. Many property owners take out insurance policies to protect them against such judgments. But how far do these policies extend? A recent federal…
If you are injured in a car accident as the result of someone else’s negligence, you should be mindful of legal time limits to file a lawsuit against the responsible parties. Under Georgia law, the statute of limitations for filing a personal injury claim is two years “after the right…
When there are multiple defendants in a personal injury lawsuit, those defendants may choose to work together in litigating or settling a claim. But sometimes these joint efforts result in additional litigation. One defendant may settle and demand the other pay for part of that settlement. An ongoing case in…
While many personal injury lawsuits settle without the need for a trial, plenty of cases still go before a jury. Jurors are supposed to be fair and impartial. Attorneys for both sides question prospective jurors to screen them for possible biases. But the system is not perfect. The United States…
In any civil lawsuit, it is important for all parties to comply with certain deadlines. Courts require filing of documents within a certain time, and failure to comply can result in an adverse decision. A major auto insurance company recently learned that lesson from the Georgia Court of Appeals Kelly…
Expert testimony is usually the key to winning a medical malpractice case. Georgia law governs the admission of expert testimony. In a lawsuit alleging negligence against a medical professional, a proposed expert must be “a member of the same profession” as the defendant. In other words, a pharmacist cannot offer…
Normally, if an employee acting within the scope of his or her employment commits negligence, the employer is considered liable. Under Georgia law, one exception to this rule exists when the employer “lends” the employee to another employer. If the employee then commits negligence while working on loan to the…
A driver must exercise “ordinary care” when driving on Georgia roads. When an accident occurs, the courts must sort out each driver’s negligence, or lack thereof, in determining liability. In the case of a rear-end collision, for instance, neither the leading nor the following vehicle is automatically presumed to be…
An attorney’s opening and closing arguments during trial should not be confused for evidence. The attorney may attempt to persuade the jury on how to best interpret the evidence introduced at trial. But a jury is not supposed to substitute rhetoric for evidence. Recently, the Georgia Court of Appeals addressed…