In the 1990s, the General Assembly adopted the Georgia Street Gang Terrorism and Prevention Act (GSGTPA). This law gives prosecutors and local governments powerful tools to address “criminal gang activity” in their jurisdictions. The Act also permits victims of gang violence to file personal injury lawsuits for triple damages. The…
As you probably know, if you are injured on the job, your employer must pay you certain medical and wage replacement benefits under Georgia’s workers’ compensation law. Indeed, workers’ compensation provides what is considered an “exclusive remedy” in these situations. That is to say, you cannot file a personal injury…
Is a parent automatically liable for a car accident caused by their minor child? Not under Georgia law. That said, there is an exception known as the “family purpose doctrine.” The doctrine dates back to a 1915 case, where the Georgia Supreme Court said: If a father or mother, owning…
“Sovereign immunity” is the legal concept that the state itself cannot be sued without its consent. In Georgia, sovereign immunity applies to all state departments and agencies, unless the General Assembly adopts an explicit waiver. One such waiver is the Georgia Tort Claims Act (GTCA), which does permit victims…
In Georgia, there is normally a two-year statute of limitations for personal injury claims. So for instance, if you were injured in a car accident that took place on March 1, 2018, you would have until March 1, 2020, to sue the negligent driver. If you tried to sue after…
Insurance companies will often file what are known as “declaratory judgment” lawsuits following an auto accident. Basically, the insurer wants a judge to declare that it is not responsible for defending or indemnifying its policyholders against any personal injury lawsuits that arise from the accident. These actions normally turn on…
In 2005, Georgia added what is now known as the “offer of settlement” rule to its personal injury law. This rule allows defendants to recover their legal fees even in cases where the plaintiff wins their case. Essentially, if the defendant offers to settle the case before trial, the plaintiff…
It is not uncommon following an auto accident for the negligent driver’s insurance company to make a settlement offer. If the victim accepts the offer, that forms a legally binding settlement agreement. In other words, if the victim later tries to back out of the deal, the insurer has the…
Back in 2018, we discussed Lee v. Smith, a personal injury lawsuit involving a former Olympic high jumper who suffered a fractured left hip and other injuries in a 2012 car accident. The victim sued the negligent driver and won a $2 million jury verdict. The defendant appealed in part…
There are two broad components to any personal injury lawsuit. The first component is establishing the defendant was negligent and violated some legal duty owed to the plaintiff. The second component is actually proving the damages sustained by the plaintiff as a result of this negligence. When it comes to…