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Articles Posted in Personal Injury

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Georgia Supreme Court Rejects Medical Overbilling Class Action

Many auto accident victims struggle not only to recover from their physical injuries, but also to deal with excessive medical bills. Georgia hospitals frequently file “liens” against accident victims’ potential personal injury claims in order to ensure their bills get paid. But the actual amount of these bills can vary…

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Crane Manufacturer Faces Trial in Savannah Over Fatal Accident

Industrial accidents are often the result of a chain of events. There are usually multiple parties whose negligence or intentional failures led to an innocent worker’s injury. Of course, when the victim files a lawsuit, these parties are quick to try and deflect blame to one another. Hill v. Konecranes,…

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Ga. Court of Appeals: Insurance Company Not Responsible for Homeowner’s Fatal Shooting of Child

Most personal injury lawsuits involve accidents, i.e. unintentional but negligent conduct, but sometimes a personal injury arises from criminal activity. When this is the case, the criminal party can be held liable in a personal injury lawsuit–but their insurance company probably will not cover any award of damages. That is…

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Federal Court Holds Royal Caribbean Liable for Cruise-Ship Ice Skating Injury

In personal injury law, you often come across the phrase “actual or constructive notice.” This refers to a property owner’s knowledge with respect to a given hazard. Actual notice means the owner knew the hazard existed. Constructive notice, on the other hand, means the owner “should have known” there was…

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Georgia Supreme Court Overrules 85-Year-Old Workers’ Compensation Precedent

Workers’ compensation requires Georgia employers to pay medical and wage replacement benefits to employees injured “in the course of” employment. This includes not only injuries that occur while actively working, but also during times “incidental” to a job, such as entering or exiting the employer’s premises. However, employers are not…

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Diversity Jurisdiction and Georgia Personal Injury Lawsuits

If you are injured in a car accident caused by the negligence of another person, your typical remedy is to file a personal injury lawsuit in state court. Depending on certain factors, the defense may have the right to transfer the case to federal court. This is known as “removal.”…

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Ga. Court of Appeals: 13-Month Delay in Reporting Accident to Insurance Company Was “Unreasonable”

If you are injured in an auto accident, you naturally assume that your insurance policy will help cover your damages. As with any contract, you need to carefully review and understand the terms of your policy. You may need to comply with a number of conditions before the insurer is…

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Can a Non-Party Enforce an Agreement to Arbitrate Personal Injury Disputes?

Have you ever participated in an activity in which the organizer asks you to sign a release or waiver? As you might imagine, such documents are designed to help minimize the organizer’s legal liability in the event you are injured. One way to do this is by restricting your ability…

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Ga. Court of Appeals Dismisses Accident Lawsuit Against Baldwin County

When an employee of a private business causes an auto accident, the victim can seek to hold the employer accountable under the legal principle of vicarious liability. What happens when the employee works for a local government? In that scenario, it is still possible to hold the public employer accountable,…

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Commercial Truck Owner Not Responsible for Injury Sustained by Worker Unloading Trailer

Personal injury cases in Georgia follow what is known as the “contributory negligence” rule. This basically means that the defendant may try and argue the plaintiff was partially responsible for their injuries. A jury will then assess the relative fault of each party and reduce the plaintiff’s damages accordingly. In…

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