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Articles Posted in Personal Injury

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Appeals Court Upholds $2.2 Million Award to Injured Gambling Ship Passenger

One of the biggest mistakes a person can make following a serious accident is to not contact a lawyer. In some cases, the negligent party who caused the accident will try and convince the victim that it is unnecessary to speak with an attorney. The negligent party may even make…

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Krispy Kreme Faces New Trial Over Allegedly Frivolous Defense in Auto Accident Case

Insurance companies and corporate defendants often try to deny a legitimate personal injury claim. It is one thing to litigate a case in court. But it is quite another when a defendant raises arguments it knows to be frivolous. For this reason, Georgia law allows successful personal injury plaintiffs to…

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Can a Personal Injury Lawsuit be Dismissed Based on a Delay Caused by the Court Clerk?

There are many deadlines a person needs to understand and comply with in a personal injury lawsuit. Perhaps the most critical deadline is the statute of limitations. In Georgia, an accident victim has two years from the date of the injury to sue the negligent defendants. To give a simple…

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Georgia Supreme Court Holds Insurer Not Responsible for $5.3 Million Accident Judgment

Most personal injury claims arising from an auto accident are paid via a settlement with the negligent driver’s insurance company. What happens when the insurer refuses to settle and the injured parties successfully sue the negligent driver for damages? In such scenarios, the driver may be able to sue the…

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Is a Personal Injury Defendant Responsible for Insurance Company’s Spoliation of Evidence?

Whenever there is an airplane crash, you inevitably hear the media talk about the “black box,” i.e., the data recorders that often provide accident investigators with valuable evidence when trying to piece together what went wrong. These days, many cars contain their own black box-type devices, which can prove equally…

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Georgia Court of Appeals Upholds $10.9 Million Car Accident Verdict

In personal injury cases you often hear about damages for “pain and suffering.” This includes mental as well as physical pain. While there is obviously no precise way to quantify such non-economic injuries, there are certain legal guidelines judges and juries must follow when determining such awards. Warnock v. Sandford…

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Georgia Court of Appeals Dismisses Personal Injury Claim Against Polk County Sheriff

In a typical personal injury claim arising from a car accident, the plaintiff is free to sue the defendant for damages at any time prior to the expiration of the statute of limitations, which is normally two years for personal injury claims. However, when the defendant is a government employee,…

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Ga. Court of Appeals Holds State Insolvency Pool Entitled to “Offset” Claims Using Other “Primary” Insurance Coverage

All Georgia employers are required to have workers’ compensation insurance. This provides medical and wage replacement benefits to employees who are injured in the course of their employment. For example, if you are in a car accident while driving a company-owned vehicle to make a sales call, you would be…

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When is a Defendant’s Drunk Driving Relevant to a Personal Injury Claim?

Georgia follows what is known as “modified comparative fault” in personal injury cases. What does this mean? Well, let us say you are involved in an auto accident with another vehicle. You later sue the other driver for damages. If a jury ultimately determines that the other driver was 80%…

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How the Fifth Amendment can Affect a Georgia Personal Injury Case

We have all heard the famous police warning, “You have the right to remain silent.” It is a bedrock principle of constitutional law: No person can be compelled to testify against him or herself in a criminal proceeding. What about a civil lawsuit, such as a personal injury claim, arising…

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