Litigation is not uncommon following an auto accident. In many cases, the parties can still settle their dispute without the need for a full-blown jury trial. But before agreeing to any settlement, it is essential each party understands what rights they may be giving up. A settlement is a contract,…
Marietta Injury Lawyer Blog
When Can You Sue a Negligent Driver for Punitive Damages?
Punitive damages are designed to punish a defendant in a personal injury lawsuit. Unlike economic damages, which are supposed to compensate the plaintiff for his or her losses, punitive damages are meant to have a deterrent effect on an especially irresponsible defendant. To that end, under Georgia law a jury…
Mother of Murdered Warehouse Worker May Pursue Claims Against Employer
Under Georgia law, the estate and surviving family members of a deceased individual may file a wrongful death lawsuit against any party whose negligence contributed to the death. Wrongful death cases are rarely simple matters. They often raise complex legal questions that can delay a final adjudication. Sturgess v. OA…
Insurer Liable for $5.4 Million Judgment in Defective Auto Repair Case
We often hear about cases in which a person is injured in an accident due to a defect in the manufacturing of a car. But there are also cases in which someone may be injured due to an improper repair made to a car. As with manufacturing and design defects,…
What Happens When Two Insurance Policies Cover the Same Accident?
If you are injured in an accident and the other driver lacks sufficient insurance to cover any damages, you may turn to your insurance policy’s uninsured motorist coverage. But what happens if you are eligible for uninsured motorist coverage under two different insurance policies? Which policy has priority? The Georgia…
Georgia Police Officer Faces Wrongful Death Lawsuit for Fatal Shooting
A wrongful death lawsuit is designed to compensate the surviving family members of a homicide victim. Under Georgia law, a spouse may file a wrongful death claim, and if the victim had no spouse, that right falls to the victim’s children. A wrongful death claim exists separate and apart from…
Columbus Jury Awards $650,000 to Driver Seriously Injured in Trucking Accident
When it comes to trucking accidents, Georgia has what is known as a “direct action” rule. This means that if you are injured due to a commercial truck driver’s negligence, you can name not only the trucking company but also its insurance carrier as defendants. This is an exception to…
Supreme Court Says Insurers Can Not Go After Accident Victim’s Personal Assets
Although lawsuits arising from car accidents are usually dealt with under state law, there are questions of federal law that may arise from any settlement or judgment received by a victim. For example, if the victim received benefits from his or her employer-sponsored health insurance following an accident, the insurer…
Court Allows Elevator Accident Case to Proceed to Trial
In a premises liability case—that is, a personal injury lawsuit arising when someone is injured on another person’s property—the plaintiff must generally prove that the property owner possessed “superior knowledge” of the defective condition that caused the alleged injury. In other words, the danger must be known to the owner…
Georgia Judges Disagree About Need for Expert Testimony in Defective Vehicle Case
Expert testimony is often the key to winning a product liability lawsuit. Anyone can offer an opinion on the safety, or lack thereof, of a given product. But trial courts must go one step further and determine the qualifications of an expert before admitting his or her testimony. Under Georgia…