Many nursing care facilities in Georgia pressure their residents to sign arbitration agreements. This means that in the event of a dispute, such as allegations of negligence or abuse against the nursing home, the resident waives his or her right to seek a jury trial and instead must allow an…
Articles Posted in Personal Injury
Is a Settlement Binding if the Insurer Mails the Check to the Wrong Address?
Dealing with insurance companies following a car accident often involves a good deal of back-and-forth negotiations. If you are the victim seeking compensation, you have the right to make a conditional offer, that is, to release some or all potential claims against the insured person in exchange for a timely…
Georgia College Not Liable for Study Abroad Drowning Death
When you visit a public pool or are invited to use a private pool, the operator assumes a certain duty to “exercise ordinary and reasonable care for the safety” of you and any other guests. This means, for instance, if someone drowns in the pool due to improper maintenance or…
Georgia Supreme Court Revives Bus Accident Lawsuit
While personal injury cases arising from motor vehicle accidents tend to involve cars or trucks, it is important not to overlook other kinds of vehicles such as buses. For instance, the Atlanta Journal-Constitution reported last December that there were “more than 700 accidents” involving school buses in Metro Atlanta during…
Is an Insurance Company Liable for Losing an Accident Victim’s Car?
Many single-car accidents are the result of a defective part. If that is the case, the driver may have a personal injury claim under Georgia product liability law. Specifically, O.C.G.A. § 51-1-11 states that a court may order a manufacturer to pay damages to any person “who suffers injury to…
Does a Shooting Qualify as an “Accident” Under a Homeowners Insurance Policy?
While premises liability is often associated with commercial businesses (think a slip-and-fall at the supermarket), any property owner may be held responsible if an invited guest is injured. This is why homeowners insurance policies typically offer liability coverage. For instance, if someone falls down the stairs at your house, your…
How Georgia’s “Family Purpose Doctrine” can Determine Responsibility for a Car Accident
It is a well-established principle of Georgia personal injury law that an employer can be held legally responsible for the negligent acts of its employees. In other words, if you are injured in a car accident because a delivery van ran a red light, you can sue the company that…
Are Pedestrian Accidents Always the Driver’s Fault?
The Atlanta region is widely known as one of the most dangerous metropolitan areas for pedestrians. All Georgia drivers have a legal duty to stop and yield to a pedestrian in a crosswalk. But pedestrians must also exercise care. Among other things, if a pedestrian crosses a road outside of…
How Can an Umbrella Policy Protect Me Following a Car Accident?
Many Georgia residents take out “umbrella” policies to provide extra insurance protection in the event of an accident. An umbrella policy provides liability coverage above and beyond standard homeowners or automobile insurance. For example, let’s say your auto insurance policy provides $25,000 in coverage for bodily injury. You get into…
How Imprecise Statements Can Derail Your Slip-and-Fall Claim
In any kind of personal injury case, it is important to be as precise as possible in your recollection of events. Obviously, nobody has a perfect memory, and you may be called to testify about an accident months or years later. But the words you use are taken seriously and…