It is not uncommon following an auto accident for the negligent driver’s insurance company to make a settlement offer. If the victim accepts the offer, that forms a legally binding settlement agreement. In other words, if the victim later tries to back out of the deal, the insurer has the…
Marietta Injury Lawyer Blog
Georgia Supreme Court Reopens Accident Case Involving High Jumper
Back in 2018, we discussed Lee v. Smith, a personal injury lawsuit involving a former Olympic high jumper who suffered a fractured left hip and other injuries in a 2012 car accident. The victim sued the negligent driver and won a $2 million jury verdict. The defendant appealed in part…
Macon Judge Dismisses Truck Driver’s Claim for “Loss of Income” Due to Insufficient Evidence
There are two broad components to any personal injury lawsuit. The first component is establishing the defendant was negligent and violated some legal duty owed to the plaintiff. The second component is actually proving the damages sustained by the plaintiff as a result of this negligence. When it comes to…
Federal Court Rejects Law Students’ Class Action Over Misreported Bar Exam Results
Tort law is designed to compensate individuals who suffer some form of personal injury. Tort law is separate from contract law. That is to say, a tort injury arises out of some general legal duty that the defendant owed to the plaintiff, while a contract injury is based on the…
Ga. Court of Appeals Rules for Insurance Company in UM Coverage Dispute Arising from 2015 Auto Accident
Georgia law requires auto insurance companies to offer “uninsured motorist” (UM) coverage with every new policy. As you probably know, UM coverage provides you with benefits if you are injured by an unknown driver in a “hit and run” accident, or by a known driver who simply lacks sufficient insurance…
Appeals Court Rejects Injured Savannah Dockworker’s Lawsuit Against Cargo Ship Owner
Most people who are injured on the job are covered by Georgia’s workers’ compensation system. But there are different rules in place for people who work certain types of jobs, such as longshoremen who load and unload commercial ships in port. These workers are covered by a separate federal statute,…
Ga. Supreme Court Reinstates Data Breach Lawsuit Against Athens Clinic
Not all personal injury claims involve physical acts. For example, if someone steals your private data, that can provide the basis for a personal injury lawsuit. Courts throughout the country have struggled, however, to define the precise threshold when a “legally cognizable” injury occurs. Does someone actually need to use…
Georgia Supreme Court Reinstates Federal Personal Injury Claims Against Norfolk Southern
Personal injury claims, such as those arising from car or truck accidents, normally fall under state law. There are some special situations in which federal law may come into play, however. For example, if a railroad employee is injured in the course of his or her work, the employee can…
Can You File a Personal Injury Lawsuit in the U.S. if You are Injured on a European Cruise Ship?
If you are injured in a slip-and-fall accident while shopping in a store in Georgia, there is typically no question that you have the right to file a personal injury lawsuit in Georgia. But what happens if you are injured in an accident while on a cruise ship at sea?…
Georgia Bus Operator May Face Punitive Damages Over Accident
Many auto accidents are caused by drivers operating vehicles on behalf of their employers. When this happens, the employer is typically liable for the employee’s negligence under a legal principle known as “respondeat superior.” If the employer admits respondeat superior applies, then the injured victims are normally barred from bringing…