There is always some time limit applicable to bringing a lawsuit. This is known as the “statute of limitations.” In Georgia, for example, the statute of limitations for personal injury claims is typically two years. In other words, if you are injured in a car accident on May 1, 2016,…
Articles Posted in Personal Injury
Can a Jury Award Damages for Medical Expenses but Nothing for “Pain and Suffering”?
The right to a jury trial is a basic tenet of our legal system. Jurors are entrusted to carefully consider all of the evidence and return a verdict in accordance with the law. Of course, there are times when a jury’s verdict is so inconsistent with the facts that a…
The Difference Between an “Invitee” and a “Licensee” in a Georgia Premises Liability Lawsuit
Premises liability laws ensure that property owners are held responsible for hazardous conditions that injure their invited guests or other members of the public who are lawfully on the premises. With respect to invitees, the property owner must exercise “ordinary care in the keeping the premises and approaches safe.” If…
Mule-Drawn Carriage Ride Prompts Complicated Insurance Lawsuit
Is a “parade” the same thing as a “fair” or a “charitable function”? You probably never stopped to think about this comparison before, yet it is a central legal question in an ongoing personal injury case that was the subject of a recent Georgia Court of Appeals opinion. Georgia Farm…
GA Court Throws Out $30 Million Car Accident Judgment Due to Incorrect Jury Instruction
Car accidents may have many causes. Oftentimes it is simply negligence on the part of the driver. There may also be a defect in the vehicle itself, either as the result of a faulty part used during the manufacturing process or an inadequate repair. If there was, in fact, a…
Georgia Supreme Court Reverses $22 Million Negligence Award, Orders New Trial
Georgia law draws a sharp distinction between ordinary negligence and medical malpractice. The former does not necessarily require an expert’s opinion to prove liability, but the latter does. Specifically, the Georgia Supreme Court has said that medical malpractice victims must present evidence from at least one expert witness in order…
Is a Georgia Employer Liable for an Off-Premises Employee Shooting?
In 2014, Georgia enacted the Business Security and Employee Privacy Act (BSEPA), more popularly known as the “Bring Your Guns to Work” law. The purpose of this law is to prevent private and public employers in Georgia from restricting the freedom of their employees to keep firearms in their cars…
Is a Parking Lot Liable if You Fail to Look Before Crossing?
Your parents probably told you, “Watch where you’re going!” more than a few times when you were kid. This is not just good advice. It is also an important reminder that you are expected to be aware of your surroundings at all times. From a legal standpoint, your awareness or…
Does Bankruptcy Get an Insurance Company Off the Hook for a Personal Injury Judgment?
Winning a personal injury judgment following a car accident does not always guarantee that the victim will actually get paid. There are cases in which a defendant who lacks adequate financial resources will file for protection under federal bankruptcy law. This can delay and in some cases defeat collection of…
When is a Georgia Insurer Not Liable for Accident Coverage Under an Umbrella Policy?
Many Georgia residents take out umbrella policies to provide liability coverage above and beyond their standard auto insurance. Umbrella policies are especially beneficial to victims who sustain financial losses in excess of the normal car insurance policy. For example, if your injuries following a car accident cost you $500,000 in…