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Marietta Injury Lawyer Blog

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Georgia Court Rejects Test Drivers’ UM Claim Against Auto Dealership’s Policy

Uninsured motorist (UM) coverage provides you with important financial protections in the event of an accident with a driver who lacks sufficient insurance to fully compensate you for your injuries. What about a situation in which you are driving someone else’s car? Can you claim UM benefits under their policy?…

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Georgia Supreme Court Holds Family May Seek Limited Damages for Wrongful Death of Woman After 20-Year Coma

A wrongful death lawsuit is a special kind of personal injury claim. Unlike other torts, however, wrongful death is purely a creation of state law. Historically, if a negligent act killed the victim, the personal injury claim died with them. Under Georgia’s wrongful death statute, however, the victim’s surviving spouse…

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Appeals Court Opens the Door to Reinstate Guardrail Lawsuit Against GDOT

Guardrail accidents have gained increasing public attention in recent years. A guardrail is supposed to help a vehicle absorb the impact of a collision, but in far too many cases, it is the guardrail that causes serious injury or death. As reported by ABC News in 2014, a University of…

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Georgia Court Reverses $700,000 Auto Accident Verdict

Despite what you might think, most auto accident claims are settled out of court between the injured victim and the negligent driver’s insurance company. Only when settlement negotiations break down will a plaintiff normally resort to litigation, which requires a significant commitment of time and resources. In many cases, it…

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Is a Manufacturer Liable When a Customer Installs a Third-Party Product?

Georgia law holds manufacturers liable if they fail to exercise “reasonable care” when designing or producing its products. In practical terms, this does not mean the product must be 100% safe. Rather, it must be “reasonably safe for intended or foreseeable uses.” Woods v. ARE Accessories, LLC When is a…

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GA Court: Private Contractor Not Liable for Failing to Monitor Criminal Suspects Who Murdered Albany Man

Although personal injury and wrongful death claims are often brought up in the context of negligence–i.e., unintentional but reckless acts–there are situations in which the victim is injured or killed through an intentional criminal act. In such situations, the victim or his or her family can definitely seek damages against…

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Avoiding Socially Awkward Situations May Constitute an “Assumption of Risk” in Slip and Fall Cases

Even in Georgia, the winters are still prone to icy conditions. When walking through public parking lots and shopping centers in such conditions, you need to be aware of your surroundings, especially if you get into a slip and fall accident. If you subsequently attempt to hold the owner of…

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Georgia Court Rules Bicycle Accident Victim May Attempt to Add Defendant to Personal Injury Case

There are often situations in which the plaintiff in a personal injury lawsuit may need to amend his or her complaint. Sometimes an amended pleading is necessary to correct a mistake. In other situations, an amendment may be appropriate to add a new argument or even a new defendant that…

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Judge Holds Auto Mechanic Not Covered by Insurance Policy When Test Driving Customer’s Vehicle

As a general rule in Georgia, your auto insurance policy’s liability coverage follows you rather than your vehicle. In other words, if you borrow a friend’s car and get into an accident that injures the other driver, your liability policy will pay for the damages. Of course, this presumes the…

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Georgia Court Holds Lease Limits Time Period for Tenant to File Personal Injury Claim Against Landlord

There is always some time limit applicable to bringing a lawsuit. This is known as the “statute of limitations.” In Georgia, for example, the statute of limitations for personal injury claims is typically two years. In other words, if you are injured in a car accident on May 1, 2016,…

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