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Marietta Injury Lawyer Blog

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Is a Georgia Motorist Liable if an Animal Suddenly Darts into the Road?

Car accidents are often the result of a driver failing to keep a proper lookout for hazards in the road. As a driver, you should never assume the road in front of you is clear. If you do get into an accident caused by another who did not keep his…

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Georgia Court Says Funeral Attendee can Proceed With Slip-and-Fall Claim Against Church

Personal injury claims based on premises liability under Georgia law generally revolve around two questions. First, did the property owner have knowledge of the hazard that caused the plaintiff’s injuries? Second, did the plaintiff have “equal or superior” knowledge of the same hazard, thereby absolving the defendant of any potential…

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Georgia Appeals Court Rejects Pair of Negligent Road Lawsuits

Car accidents are not always the result of driver negligence or error. Sometimes the road is to blame. When state and local authorities fail to properly correct a hazardous roadway condition or are negligent in the design of the road itself, it may be possible for an injured driver to…

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Can You File a Wrongful Death Lawsuit for a Work-Related Death?

In most cases, if you lose a spouse or parent due to third-party negligence, you can bring a wrongful death lawsuit under Georgia law to recover a wide range of damages, including the deceased relative’s lost wages, medical and burial expenses, as well as non-economic damages for their pain and…

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Georgia Insurer Faces Racketeering Charge After Denying Car Accident Victim’s Claim

Haggling with insurance companies following a car accident is an everyday occurrence for many Georgia motorists. At the end of the day, an insurance policy is a contract, and if the insurer refuses to pay a valid claim, it can be held liable under Georgia law. Specifically, Section 33-4-6 of…

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Does Workers’ Compensation “Offset” a Georgia Uninsured Motorist Carrier’s Liability for a Car Accident?

Uninsured motorist (UM) coverage provides valuable protections for Georgia residents who are injured in a car accident caused by a driver who either failed to purchase insurance–in violation of the law–or lacks sufficient coverage to fully compensate the victims for their losses. All Georgia insurers are required to offer UM…

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Why do Personal Injury Defendants Transfer Cases to Federal Court?

Personal injury cases are generally a matter of state law. Many non-Georgia defendants will seek to transfer a personal injury claim to federal court. There are a number of reasons why they do this. First, while a federal court must still decide the merits of a personal injury claim under…

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Is “Joint and Several” Liability Dead in Georgia?

Many personal injury claims involve more than one defendant or negligent party. Historically, if a Georgia court found multiple defendants liable for an accident, all of the defendants could be held collectively responsible for any monetary judgment. This is known as “joint and several liability.” But in 2005, the Georgia…

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Georgia Court Rejects Lawsuit Against TV Manufacturer Over Deadly Fire

Expert testimony is often crucial to product liability cases in Georgia. After all, most people, notably those who serve on a civil jury, lack the technical knowledge of how a given product or manufacturing process works. That is why experts are employed by plaintiffs to establish causation. Under Georgia law,…

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Can I Recover My Child’s Medical Expenses From a Negligent Third Party?

All parents have certain legal obligations towards their children. Under Georgia law, a parent must provide for a child’s “maintenance, protection and education” until he or she reaches 18 years of age. Obviously, this includes paying for a  child’s medical care, including care for injuries caused by a third party’s…

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