Workers’ compensation is a state-run insurance system designed to provide “no-fault” benefits to employees injured on the job. No-fault means that a worker may receive medical and income replacement benefits without having to establish the employer was negligent or somehow responsible for the injury. However, the injury must occur in…
Articles Posted in Personal Injury
Judge Rejects Lawsuit Arising from Electrician’s Fall From Ceiling
In Georgia, workers’ compensation is intended to provide employees with an “exclusive remedy” against their employers for job-related accidents. This means that the employer is required to pay certain benefits, regardless of fault. In exchange, the employee has no legal right to pursue a personal injury lawsuit against the employer.…
Georgia Supreme Court: Personal Injury Lawsuit Financing Deals are Not “Loans”
Personal injury litigation often takes a long time to resolve. In many cases, the victims and their families need to wait years before seeing a dime from their claims. This can impose a substantial financial hardship, especially if you are an accident victim unable to return to work and earn…
Georgia Lodge Owner Not Responsible for Accidental Shooting on the Property
There are a number of situations in which an individual or business may be held liable for a personal injury caused by someone else. Two of the more common ones involve the legal concepts of respondeat superior and premises liability. The first, respondeat superior, refers to cases in which an…
How Does a Traffic Ticket Affect the Timing of a Personal Injury Claim in Georgia?
If you want to file a civil lawsuit against someone in Georgia, you need to be aware of the statute of limitations. This is basically the legal time limit to file a claim. For personal injury cases, Georgia’s statute of limitations is normally two years from the date the action…
Ga. Appeals Court Rejects Malpractice Lawsuit Over Botched Patient Transfer
Although medical malpractice cases are typically governed by state law, there are some situations in which federal law may also play a role. For example, the Federal Emergency Medical Treatment and Active Labor Act (EMTALA) sets standards that hospital emergency departments must follow when accepting Medicare patients. Hospitals may be…
Can You Recover Personal Injury Damages for Witnessing a Fatal Accident?
An accident often leaves more than physical injuries. The victims also suffer emotional trauma that may persist for weeks, months, and even years after the accident itself. For this reason, Georgia law does recognize a variety of claims for emotional damages arising from an accident caused by a third party’s…
Georgia Quail Preserve Not Liable for “Controlled Burn” That May Have Led to Truck Accident
Although you might think negligence is a matter of “common sense,” the law is often not so simple. There are many situations in which a defendant who you might assume is negligent can still avoid liability due to a particular state law. Such exceptions unfortunately may leave victims with little…
Georgia Court of Appeals Reinstates Lawsuit Against Alleged Hit-and-Run Driver
Hit-and-run accidents are a common occurrence in Georgia. Many people are seriously injured by drivers who either do not know they caused an accident, or do know and flee to avoid taking responsibility. In either case, the victim is often left scrambling to identify the driver and take appropriate legal…
How Your Cruise Ship Ticket can Limit Your Right to File a Personal Injury Lawsuit
Are you planning to take a cruise in the near future? If so, make sure to carefully read the back of your ticket and any other documentation the cruise operator sends you. Much of this “fine print” can substantially affect your legal rights in the event something goes wrong and…