Personal Injury

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

November 4, 2017 | Benjamin S. Persons, IV

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 or her eyes on the road, you may have a personal injury claim for damages.

Kelly v. Fann

Georgia courts never assume that a driver failed to keep a lookout. The legal burden is on the plaintiff to establish, by a preponderance of the evidence, that the defendant ignored a legal duty. This means, for instance, the plaintiff must show that the defendant ignored the rules of the road or failed to exercise appropriate caution when confronting a known hazard. A judge may dismiss a car accident lawsuit on summary judgment if the plaintiff cannot produce sufficient evidence from which a jury can find negligence.

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

October 31, 2017 | Benjamin S. Persons, IV

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 liability?

Stewart v. Brown

Here is a simple illustration of how courts examine these questions in practice. This is taken from a recent decision by the Georgia Court of Appeals. In this case, a trial judge granted summary judgment to the defendant in a slip-and-fall case. The Court of Appeals reversed the trial court and returned the case for trial on the merits.

Georgia Appeals Court Rejects Pair of Negligent Road Lawsuits

October 27, 2017 | Benjamin S. Persons, IV

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 recover damages.

Just becomes something is legally possible does not mean that it is easy. In fact, the Georgia Court of Appeals recently threw out two personal injury lawsuits arising from alleged road defects. In both cases the appeals court adhered to a much stricter interpretation of the law than the trial courts, which thought the plaintiff’s claims had some merit.

The Georgia Department of Transportation v. Balamo

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

October 19, 2017 | Benjamin S. Persons, IV

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 suffering and your own loss of companionship.

If your loved one died as the result of a workplace accident, your legal options may be limited. Workers’ compensation provides the “exclusive” remedy for all on-the-job injuries, including those that are fatal. Since workers’ compensation is a “no-fault” system, you do not need to prove the employer was negligent; however, your damages would be limited to those death benefits mandated by the Georgia Workers’ Compensation Act (GWCA).

Mangham v. Westin Hotel Management, LP

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

October 6, 2017 | Benjamin S. Persons, IV

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 coverage and must adhere to certain restrictions contained in state law. Even if a customer agrees to the terms of a UM policy that conflicts with state law, that does not override the law, nor does it permit an insurer to escape liability.

Georgia Farm Bureau Mutual Insurance Company v. Rockefeller

Consider this recent decision by the Georgia Court of Appeals. This case involves a UM policy held by the the defendant, who was injured in a two-car accident with another driver. The defendant said the other driver caused the accident and filed a personal injury lawsuit against him in Georgia state court. Because the defendant had reason to believe the driver was “underinsured,” he also served his UM carrier, the plaintiff in the present case.

Why do Personal Injury Defendants Transfer Cases to Federal Court?

September 29, 2017 | Benjamin S. Persons, IV

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 the substantive law of the forum state, the trial itself is conducted under federal rules of evidence and procedure. This often benefits defense attorneys, who have more practical experience trying cases in federal court. Federal rules also make it easier for defendants to seek dismissal of a plaintiff’s complaint during the summary judgment stage, i.e. before the case gets to a jury.

Second, the jury pools in federal court are much broader than in state court. Let’s say you are in a car accident in Marietta. The negligent driver lives in Florida. If you file a personal injury claim in state court, the jury will be drawn from residents of Cobb County. But if the case is removed to federal court–the Northern District of Georgia–the jury pool suddenly expands to 46 counties. This can produce a final jury that is less sympathetic to a “local” plaintiff.

Is “Joint and Several” Liability Dead in Georgia?

September 22, 2017 | Benjamin S. Persons, IV

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 legislature amended the state’s tort laws to require a jury (or judge) “apportion its award of damages among the persons who are liable according to the percentage of fault of each person.”

Renaissance Recovery Solutions, LLC. v. Monroe Guaranty Insurance Company

This amendment has largely–but not completely–eliminated joint and several liability in Georgia. In fact, a federal judge in Augusta recently addressed a case in which a state court previously, and apparently erroneously, issued a joint and several liability verdict.

Georgia Court Rejects Lawsuit Against TV Manufacturer Over Deadly Fire

September 15, 2017 | Benjamin S. Persons, IV

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, a trial judge has the discretion to allow expert testimony if three conditions are met:

There are “sufficient facts or data” in the record to support the expert’s opinions;

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

September 8, 2017 | Benjamin S. Persons, IV

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 negligence.

Mujkic v. Lam

Of course, the parents do have the right to seek compensation from the negligent party for their out-of-pocket costs. But parents need to be aware of Georgia’s strict deadlines for pursuing such claims in courts. The law in this area is sometimes confusing, but judges do not excuse ignorance or honest mistakes when it comes to filing deadlines.

How Uninsured Motorist Coverage Protects You Following an Accident Caused by a Drunk Driver

August 31, 2017 | Benjamin S. Persons, IV

Each year more than 300 people die on Georgia roadways in drunk driving accidents. While prosecutors can file criminal charges against the drunk driver, that does not compensate victims and their families for their losses. Unfortunately, in many cases the drunk driver either has no insurance or lacks sufficient coverage to fully compensate the victims.

This is where uninsured and underinsured motorist (UM/UIM) coverage can come into play. Under Georgia law, all auto insurance providers must offer UM/UIM coverage as part of their standard policies. The customer has the option to decline such coverage, but must do so in writing. While you are free to purchase any amount of UM/UIM insurance that an insurer offers, state law sets minimum coverage at $25,000 for bodily injury per person (or $50,000 per accident). In many cases, it is a good idea to purchase significantly more coverage, as the damages from an accident can easily exceed $50,000, especially if there is serious injury or death.

Allstate Property and Casualty Insurance Company v. Musgrove