Parents entrust their children to a number of responsible adults every day, including teachers and bus drivers. When something goes wrong and the child is injured–or even killed–while under another person’s care, the parents understandably want to hold that person responsible. Unfortunately, the law does not always help parents in…
Workers’ compensation is normally the “exclusive remedy” for Georgia workers seeking benefits from their employer as the result of a work-related accident. By “work-related,” we mean that the employee’s injuries “arose out of and in the course of his employment.” In most cases, it is clear whether or not a…
There are certain types of records that are considered inadmissible in Georgia personal injury cases. For example, there is the well-known attorney-client privilege. There is also a mental health privilege. This generally protects any communications between a patient and his or her psychologist or other mental health care professional. Advantage…
You probably know that if you are injured on the job, workers’ compensation covers your employer’s liability for the accident. Workers’ compensation does not apply to third-party liability, however. In other words, if your work-related accident was caused by someone other than your employer (or someone working for your employer),…
In some personal injury cases, expert testimony is necessary to help establish causation. For example, if you sue your doctor for medical malpractice, you will need to present testimony from another qualified physician who can explain exactly what your doctor did wrong and how that “caused” your alleged injury. Other…
Workers’ compensation represents a legislatively imposed bargain between employees and employers. The bargain works like this: If the employee is injured in the course of employment, the employer agrees to pay certain medical and wage-replacement benefits. The employer is not required to admit fault for the accident, and the employee…
Personal injury claims are not always about car accidents or even physical injuries. Negligence can affect victims in many other ways, such as forcing them to incur a financial loss or depriving them of some other intrinsic right. That said, a plaintiff can only recover damages when the negligence was…
One of the biggest mistakes a person can make following a serious accident is to not contact a lawyer. In some cases, the negligent party who caused the accident will try and convince the victim that it is unnecessary to speak with an attorney. The negligent party may even make…
In product liability cases, defendants will often try and shift blame for any injuries onto the plaintiff. For example, a manufacturer of an allegedly defective product will say it was the plaintiff’s carelessness that caused his accident, rather than any negligence on the manufacturer’s part. Thurmond v. Federal Signal Corporation…
Insurance companies and corporate defendants often try to deny a legitimate personal injury claim. It is one thing to litigate a case in court. But it is quite another when a defendant raises arguments it knows to be frivolous. For this reason, Georgia law allows successful personal injury plaintiffs to…