When a car accident leads to a personal injury lawsuit, the defendant’s insurance company often plays a critical role. The insurer often takes the lead in providing the defendant with legal advice, and in many cases the insurer will work to try and settle a claim without the need for…
Marietta Injury Lawyer Blog
Georgia Supreme Court: Residential Lease Restriction Does Not Apply to Personal Injury Lawsuit Filed by Tenant Against Apartment Owner
Last year we discussed a case where the Georgia Court of Appeals held that a residential lease between a landlord and tenant could be used to shorten the statute of limitations for filing a personal injury claim from two years to just one year. The plaintiff tenant subsequently asked the…
Federal Court Upholds $2.4 Million Award in ObTape Lawsuit
In recent years there have been hundreds of personal injury lawsuits filed against Mentor, the manufacturer of ObTape, a mesh sling used to treat urinary incontinence. According to a 2009 report in the New York Times, Mentor stopped selling ObTape in 2006 after reports emerged that pieces of the mesh…
Georgia Supreme Court Weighs in on Medical Malpractice Case Where Jury Awarded Zero Damages for Pain and Suffering
In April 2018, the Georgia Court of Appeals ordered a new trial in a medical malpractice lawsuit, Evans v. Rockdale Hospital, LLC, after the jury in the original trial determined a defendant was partially at fault for medical malpractice, yet awarded zero damages for the victim’s pain and suffering. The…
Court of Appeals: Chatham Area Transit Not Protected Against Lawsuits from Victims of 2016 Savannah Dock Collapse
On November 19, 2016, a dock attached to a ferry terminal in Savannah collapsed, sending more than 60 people into the water, according to news reports at the time. A number of these people sustained serious injuries, and a Savannah firefighter died after suffering a dissecting aneurysm while participating in…
Is a Car Accident in a Residential Driveway Covered by Homeowner’s Insurance?
In most cases, damages arising from a car accident are covered by the negligent driver’s auto insurance policy. But what if the accident occurred while the car was still in the owner’s driveway? Would homeowner’s insurance actually cover such damages? Wilkinson v. Georgia Farm Bureau Mutual Insurance Company The Georgia…
Ga. Court of Appeals Revives Excessive Hospital Lien Class Action
Following a serious auto accident, many victims are surprised to learn their medical providers may place a lien against any potential personal injury lawsuit they might file in connection with their injuries. Such “hospital liens” are permitted under Georgia law. There are limits to how far hospitals can go with…
Insurance Company Seeks to Limit Liability for Jeep Accident
When you file a personal injury lawsuit against a negligent driving following an auto accident, in most cases this means you are really seeking compensation from the driver’s insurance company. Unfortunately, insurance companies are quite adept at asserting their own legal rights. This includes taking legal action to void a…
Georgia Court Rejects Insurer’s Initial Attempt to Avoid Accident Coverage
When it comes to personal injury lawsuits, many plaintiffs do not only need to contend with the negligent defendant. They also need to deal with the negligent defendant’s insurance company. Even where the insurer has a contractual duty to indemnify and defend a policyholder, you can rest assured that the…
Valdosta Judge Allows Defective Pressure Cooker Lawsuit to Proceed
Pressure cookers were first developed in the 17th century. They create an airtight environment where steam pressure raises the boiling point of water, allowing food to cook much faster than normal. Of course, the buildup of pressure can lead to an explosion if the cooker itself is somehow defective. Williams…