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Articles Posted in Personal Injury

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Understanding the Legal and Safety Risks of Texting While Driving

“Keep your eyes on the road,” is something every parent tells their teenager when teaching them how to drive. But paying attention to the road has become increasingly difficult in recent years with the advent of smartphone technology that makes it easy for people to text or chat with their…

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Gas Company Not Responsible for Atlanta Natural Gas Explosion

Every year in the United States, natural gas explosions cause an average of 17 deaths, 68 injuries, and $133 million in property damage, according to a 2014 study published by the American Chemical Society. What is a gas company’s liability for personal injury claims brought by explosion victims? The Georgia…

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Injured Electrical Worker’s “Silence” Not Grounds for Dismissing Lawsuit

In a personal injury lawsuit, the defendant may try to avoid responsibility by accusing the plaintiff of causing or contributing to his or her own injury. Georgia law refers to this as “contributory negligence.” The basic idea, according to a 2000 Georgia Court of Appeals decision, is that if a…

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Do I Need to Preserve My Wrecked Car Following an Accident?

In any kind of personal injury lawsuit, it is critical for the parties to the case to preserve any evidence that may be relevant to the litigation. If a party intentionally or negligently destroys relevant evidence, this is known as spoliation, and a judge may impose sanctions, up to and…

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Can My Facebook Page Be Used Against Me in a Personal Injury Lawsuit?

Most of us participate in some form of social media, such as Facebook, Twitter, or Instagram. But because social media makes it so easy to keep in touch with friends, family members, and colleagues, we often forget that most of what we post to these sites become public record. There…

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Hospital Wheelchair Accident is Negligence, Not Malpractice

There are stricter rules in Georgia for bringing a medical malpractice lawsuit versus other types of personal injury claims. Not surprisingly, hospitals often try to classify ordinary negligence cases as malpractice in order to make it more difficult for the plaintiff to pursue his or her claim. Byrom v. Douglas…

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Family Fights Marietta Nursing Home for Justice in Mother’s Death

Many elderly Georgia residents are victims of nursing home abuse and neglect. In order to avoid potential personal injury and wrongful death lawsuits from injured patients, many nursing homes insist their residents sign “alternative dispute resolution” (ADR) agreements that require any negligence or malpractice claims be submitted to binding arbitration.…

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Macon Shooting Victim Allowed to Proceed With Civil Suit Against Restaurant Owner

While many premises liability claims are based on the existence of a physical hazard—i.e., a customer slips and falls on a puddle of water—there are also cases in which a property owner may be liable for the criminal acts of third parties that cause personal injury to a patron. Recently,…

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Atlanta Court Rejects Vacationing U.S. Couple’s Lawsuit Against Bahamas Resort

Many Georgia residents choose to vacation in the Caribbean each year. But what happens if you are injured due to a third party’s negligence while on vacation? Can you file a civil lawsuit against the responsible parties in Georgia, even if the incident occurred outside of the United States? Cleveland…

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Georgia Court Orders New Trial Over Improperly Screened Jury

In any type of Georgia civil case, such as a personal injury lawsuit, the parties are entitled to have their dispute heard by an “impartial” jury. Among other things, this means that none of the jurors are related to any of the parties to the case. In car accident lawsuits,…

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