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Articles Posted in Personal Injury

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Can You File a Wrongful Death Lawsuit for a Work-Related Death?

In most cases, if you lose a spouse or parent due to third-party negligence, you can bring a wrongful death lawsuit under Georgia law to recover a wide range of damages, including the deceased relative’s lost wages, medical and burial expenses, as well as non-economic damages for their pain and…

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Does Workers’ Compensation “Offset” a Georgia Uninsured Motorist Carrier’s Liability for a Car Accident?

Uninsured motorist (UM) coverage provides valuable protections for Georgia residents who are injured in a car accident caused by a driver who either failed to purchase insurance–in violation of the law–or lacks sufficient coverage to fully compensate the victims for their losses. All Georgia insurers are required to offer UM…

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Why do Personal Injury Defendants Transfer Cases to Federal Court?

Personal injury cases are generally a matter of state law. Many non-Georgia defendants will seek to transfer a personal injury claim to federal court. There are a number of reasons why they do this. First, while a federal court must still decide the merits of a personal injury claim under…

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Is “Joint and Several” Liability Dead in Georgia?

Many personal injury claims involve more than one defendant or negligent party. Historically, if a Georgia court found multiple defendants liable for an accident, all of the defendants could be held collectively responsible for any monetary judgment. This is known as “joint and several liability.” But in 2005, the Georgia…

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Georgia Court Rejects Lawsuit Against TV Manufacturer Over Deadly Fire

Expert testimony is often crucial to product liability cases in Georgia. After all, most people, notably those who serve on a civil jury, lack the technical knowledge of how a given product or manufacturing process works. That is why experts are employed by plaintiffs to establish causation. Under Georgia law,…

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Can I Recover My Child’s Medical Expenses From a Negligent Third Party?

All parents have certain legal obligations towards their children. Under Georgia law, a parent must provide for a child’s “maintenance, protection and education” until he or she reaches 18 years of age. Obviously, this includes paying for a  child’s medical care, including care for injuries caused by a third party’s…

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How Uninsured Motorist Coverage Protects You Following an Accident Caused by a Drunk Driver

Each year more than 300 people die on Georgia roadways in drunk driving accidents. While prosecutors can file criminal charges against the drunk driver, that does not compensate victims and their families for their losses. Unfortunately, in many cases the drunk driver either has no insurance or lacks sufficient coverage…

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Savannah Homeowners Association Not Liable in Swimming Pool Death of Child

According to the Centers for Disease Control and Prevention, 10 people die every day in the United States due to “unintentional drowning.” Children between the ages of 1 and 4 are especially at risk. Among this age group, drowning is the leading cause of death aside from congenital birth defects.…

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Can You Sue Someone in Georgia for an Injury That Occurred in a Foreign Country?

Georgia courts enforce strict jurisdictional requirements when it comes to personal injury lawsuits. This means you cannot proceed with a case unless the court has both the appropriate subject-matter and geographic authority over the parties. Even when a case does satisfy all jurisdictional requirements, a court may still refuse to…

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Failure to Recall Exact Location of Accident Dooms Atlanta Victim’s Lawsuit

After you have been in an accident, it is critical to gather as much information as you can about what happened. Every little detail may prove crucial if and when you file a personal injury claim against the responsible parties. If possible, you should use your smartphone to take photos…

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