Personal Injury

Can You Accept a Car Accident Settlement Three Years Later?

July 27, 2018 | Benjamin S. Persons, IV

It is common practice following a Georgia car accident for the victim to negotiate a settlement with the negligent driver’s insurance company. Typically, the insurer agrees to settle for the policy limits in exchange for a “release of all claims” arising from the accident. Either party may also impose a deadline for the other to accept the terms of the settlement.

DeMarco v. State Farm Mutual Automobile Insurance Company

The Georgia Court of Appeals recently examined an unusual case involving the widow of a deceased accident victim who attempted to enforce a settlement agreement three years after the fact. The accident itself occurred 11 years ago, in July of 2007. The victim’s car was knocked by one vehicle into a third vehicle. The victim subsequently sued the owner and driver of the third vehicle for damages.

Judge Allows Trip-and-Fall Victim to Proceed with Lawsuit Based on Presence of Clear Clothes Hanger

July 20, 2018 | Benjamin S. Persons, IV

A key question in most premises liability cases is, “What constitutes a hazard?” After all, not every object that may obstruct a customer’s path is is necessarily dangerous. It is important to establish why a particular object constitutes a hazard–which leads the follow-up question of whether or not the management of the premises took reasonable steps to identify and correct that hazard.

Powell v. Variety Wholesalers, Inc.

Consider this ongoing federal lawsuit in Statesboro that centers on a clear plastic clothes hanger. One day in 2015, the plaintiff and her granddaughter went shopping at a department store owned by the defendant. The two women used one of the store’s changing rooms to try on clothes. As they exited the changing area, the plaintiff “slipped and fell” on the clear hanger, which according to her was “lying in the middle of the aisle.”

Railroad Disputes Employee’s Report of Broken Chair Accident

July 12, 2018 | Benjamin S. Persons, IV

In any personal injury case, it is helpful to have as much documentation as possible regarding the actual injury. For example, if you slip and fall in a supermarket, it can help your case for damages if the store maintained video surveillance of the area where your accident took place. In the absence of such firsthand evidence, defendants may attempt to use outside experts to “reconstruct” the accident in a manner that conflicts with your version of events.

O’Neal v. Norfolk Southern Railroad Company

Consider this ongoing federal lawsuit pending before a judge in Macon. This case is not a supermarket slip-and-fall, but rather a workplace accident involving two men who worked for Norfolk Southern Railroad. The employer’s identity is important because there is a special federal law–the Federal Employers Liability Act (FELA)–which governs personal injury claims involving railroad employees.

Court of Appeals Affirms $2M Car Accident Award to Injured High Jumper

July 6, 2018 | Benjamin S. Persons, IV

An often under-appreciated category of damages in personal injury cases is the victim’s loss of future earnings. Also referred to as “diminished earning capacity,” this basically covers the amount of money the victim would have earned during the remainder of his or her lifetime but-for the injury caused by the negligent defendant. Obviously, loss of future earnings will vary depending on the victim. In some cases, it may not be possible to calculate these damages without the assistance of expert witnesses.

Lee v. Smith

Consider this recent case from the Georgia Court of Appeals. The underlying lawsuit involves a car accident. The plaintiff alleged the defendant’s negligence caused the accident. The defendant conceded liability but contested the amount of damages.

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

June 29, 2018 | Benjamin S. Persons, IV

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?

Jones v. Federated Mutual Insurance Company

The Georgia Court of Appeals recently addressed this issue in the context of a somewhat unusual case. The plaintiffs were test-driving a car owned by a dealership. At the time, neither plaintiff had his or her own auto insurance.

Appeals Court Opens the Door to Reinstate Guardrail Lawsuit Against GDOT

June 14, 2018 | Benjamin S. Persons, IV

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 Alabama study found that “a re-designed version of a widely used guardrail end terminal ‘placed motorists at a higher level of risk of both serious injury and fatality’ than the original version.”

Stopanio v. Leon’s Fence and Guardrail, LLC

More recently, the Georgia Court of Appeals addressed the potential legal liability of the state Department of Transportation and one of its private contractors for an allegedly defective guardrail. This tragic case began with a 2011 accident on I-75. The plaintiff was driving southbound on the highway through Valdosta. Traveling in front of the plaintiff was a second car containing her parents.

Georgia Court Reverses $700,000 Auto Accident Verdict

June 8, 2018 | Benjamin S. Persons, IV

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 is the defense’s unnecessary delays that cause the settlement talks to fail in the first place.

Stephens v. Castano-Castano

Consider this recent decision from the Georgia Court of Appeals. This case began when a defendant failed to respond in time to a settlement offer. Although the plaintiff proceeded to trial and won a substantial jury verdict, the Court of Appeals ordered a new trial based on an erroneous ruling by the trial judge.

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

May 30, 2018 | Benjamin S. Persons, IV

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 the criminal.

What about local law enforcement and private entities that were charged with protecting the public from a particular criminal? Can they also be held liable?

SecureAlert, Inc. v. Boggs

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

May 18, 2018 | Benjamin S. Persons, IV

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 needs to be brought into the litigation.

Findley v. City of Atlanta

Georgia trial courts are expected to be fairly liberal in granting permission to file amended complaints. Even if a defendant has already filed his or her own responsive pleadings, that does not necessarily prevent the plaintiff from seeking leave to amend. In fact, the Georgia Court of Appeals recently reinstated a personal injury lawsuit that was improperly dismissed by the trial judge before giving proper consideration to the plaintiff’s motion to add a defendant.

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

May 11, 2018 | Benjamin S. Persons, IV

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 vehicle you are driving is “covered” by the policy and not subject to any exclusions.

Progressive Mountain Insurance Company v. McCallister

One common exclusion is for vehicles operated as part of an “auto business.” What does this mean? A recent decision by a federal judge Waycross, Georgia, offers a helpful illustration. This case involves a rather complex accident that took place in 2016, which in turn led to litigation between a driver and his insurance company.