Marietta Injury Lawyer Blog

How Does a Traffic Ticket Affect the Timing of a Personal Injury Claim in Georgia?

October 31, 2018 | Benjamin S. Persons, IV

If you want to file a civil lawsuit against someone in Georgia, you need to be aware of the statute of limitations. This is basically the legal time limit to file a claim. For personal injury cases, Georgia’s statute of limitations is normally two years from the date the action “accrued.” For example, let us say you were injured in a car accident that took place on November 1, 2016. Under Georgia law, you need to sue the negligent driver no later than November 1, 2018. Even if you file one day past this deadline, the judge will throw out your case because legally, no court may hear a case once the statute of limitations has expired.

Williams v. Durden

However, there are certain events that can “toll” the statute of limitations. Tolling effectively stops the clock for a specified period of time. The burden is on the plaintiff to prove there is some legal grounds for tolling. In other words, do not assume you can simply file a personal injury lawsuit after the expiration of the two-year time limit unless you can cite a specific reason for tolling under Georgia law.

Ga. Appeals Court Rejects Malpractice Lawsuit Over Botched Patient Transfer

October 26, 2018 | Benjamin S. Persons, IV

Although medical malpractice cases are typically governed by state law, there are some situations in which federal law may also play a role. For example, the Federal Emergency Medical Treatment and Active Labor Act (EMTALA) sets standards that hospital emergency departments must follow when accepting Medicare patients. Hospitals may be held liable for failing to meet its EMTALA obligations, such as failing to properly screen or treat a patient who presents with a qualifying emergency medical condition.

Pham v. Black

The Georgia Court of Appeals recently addressed the application of EMTALA to a medical malpractice claim against a Georgia-based hospital and several of its doctors. This case began when the now-deceased victim arrived at the hospital’s emergency room complaining of a “racing heart rate.” One of the defendants, Dr. Pham, was on duty that night and had general responsibility for admitting patients to the emergency department.

Can You Recover Personal Injury Damages for Witnessing a Fatal Accident?

October 19, 2018 | Benjamin S. Persons, IV

An accident often leaves more than physical injuries. The victims also suffer emotional trauma that may persist for weeks, months, and even years after the accident itself. For this reason, Georgia law does recognize a variety of claims for emotional damages arising from an accident caused by a third party’s negligence.

Malibu Boats, LLC v. Batchelder

Just how far can such claims go? That is a question the Georgia Court of Appeals recently confronted in Malibu Boats, LLC v. Batchelder, a personal injury case arising from a 2014 boating accident in Rabun County, Georgia. The plaintiffs–a family including two adults and four children–took out a boat manufactured by the defendant onto Lake Burton.

Georgia Quail Preserve Not Liable for “Controlled Burn” That May Have Led to Truck Accident

October 12, 2018 | Benjamin S. Persons, IV

Although you might think negligence is a matter of “common sense,” the law is often not so simple. There are many situations in which a defendant who you might assume is negligent can still avoid liability due to a particular state law. Such exceptions unfortunately may leave victims with little or no recourse to seek damages.

Patton v. Cumberland Corporation

A recent decision by the Georgia Court of Appeals illustrates how one of these special legal exceptions work in practice. This case involves a single-vehicle truck accident. The plaintiff was riding in a truck with another man when it hit a fallen power cable. Although the driver tried to avoid the cable, the wire “caught the rear of the truck, lifting it 18 inches or more off the ground,” according to court records.

Ga. Court of Appeals Upholds $4.5M Medical Malpractice Verdict

October 5, 2018 | Benjamin S. Persons, IV

We trust doctors and other healthcare providers with our lives. Unfortunately, that trust is not always rewarded. Medical errors and negligence frequently lead to catastrophic outcomes, including paralysis and death. When this happens, victims and their families have a legal right to seek compensation from the negligent providers.

Southwestern Emergency Physicians, P.C. v. Quinney

On September 28, 2018, the Georgia Court of Appeals affirmed a jury verdict in a particularly egregious medical malpractice case. The plaintiff required spinal-cord surgery to relive his chronic back pain, a symptom of his diabetic neuropathy. Although the surgery initially appeared successful, five days later the plaintiff “awoke with severe pain” and he “was having difficulty standing,” according to court records. He was then taken to a local hospital in Albany (not the one that performed the initial surgery).

Georgia Court of Appeals Reinstates Lawsuit Against Alleged Hit-and-Run Driver

October 1, 2018 | Benjamin S. Persons, IV

Hit-and-run accidents are a common occurrence in Georgia. Many people are seriously injured by drivers who either do not know they caused an accident, or do know and flee to avoid taking responsibility. In either case, the victim is often left scrambling to identify the driver and take appropriate legal action to obtain compensation for their injuries.

Callaway v. Quinn

A recent decision by the Georgia Court of Appeals helps to illustrate the challenges hit-and-run accidents face in pursuing a personal injury claim. This case involves a 2015 hit-and-run accident. The plaintiff was driving her car and “stopped in traffic” when she was rear-ended by a “man driving a pickup truck” who “fled the scene.” Police investigators later found the truck abandoned in a nearby parking lot.

Appeals Court Upholds $125,000 Verdict Against Auto Body Shop After Car Lift Crushes Customer’s Foot

September 28, 2018 | Benjamin S. Persons, IV

Under Georgia law, a property owner who invites members of the public onto their premises can be held liable for “damages to such persons” caused by the owner’s “failure to exercise ordinary care in keeping the premises and approaches safe.” Normally, this duty cannot be delegated to third parties. If the owner leases the property to another–that is to say, a landlord gives “full possession and complete control” to a tenant–then the tenant assumes the responsibility for keeping the premises safe for invited guests.

Sherwood v. Williams

Recently, the Georgia Court of Appeals addressed a case involving the relative liability of landlord and tenant for an injury caused to a third-party invited guest. The landlord here owned an auto body shop. He leased part of the shop to a tenant. More precisely, the lease covered the “front repair and maintenance area” of the shop, which included three repair bays, together with associated office space and parking. The lease also included an indemnification clause, holding the landlord “harmless for any liability or damages” caused by the tenant’s operations “or otherwise” to any third party.

Georgia Hospital Not Liable for Patient’s Death Despite Nurse’s Failure to Follow Orders

September 21, 2018 | Benjamin S. Persons, IV

Medical malpractice requires proof that a doctor, nurse, or other healthcare provider deviated from the accepted “standard of care,” and that as a direct result of that deviation, the patient suffered some injury. Unfortunately for victims, proving causation is often more difficult than it might first appear. When it comes to malpractice, judges will not apply “common sense,” but rather look for expert testimony to support or refute the existence of causation.

Edokpolor v. Grady Memorial Hospital Corporation

Consider this recent decision by the Georgia Court of Appeals. This case involves a woman who died while under the care of the defendants, a hospital and one of its nurses. The victim had a long history of cardiac disease and spent the last month of her life in the defendant hospital.

How Your Cruise Ship Ticket can Limit Your Right to File a Personal Injury Lawsuit

September 14, 2018 | Benjamin S. Persons, IV

Are you planning to take a cruise in the near future? If so, make sure to carefully read the back of your ticket and any other documentation the cruise operator sends you. Much of this “fine print” can substantially affect your legal rights in the event something goes wrong and you are injured during your cruise.

Davis v. Valsamis, Inc.

Consider this recent decision by the Atlanta-based U.S. 11th Circuit Court of Appeals, which oversees federal courts in Georgia, Florida, and Alabama. This case involves what the Court described as an “ill-fated sailing of the cruise ship Carnival Triumph” in February 2013. According to a Washington Post at the time, “Midway through a four-day Mexican cruise, the Triumph’s engine room caught fire, the ship lost power, and then suddenly it was just drifting, somewhere in the Gulf of Mexico.” Due to the power outage, passengers were stranded for days without working toilets, refrigerators, or air conditioners.

How do You Settle a Personal Injury Claim with an Insurance Company in Georgia?

September 7, 2018 | Benjamin S. Persons, IV

Georgia law creates a mechanism to settle personal injury claims arising from a motor vehicle accident prior to the filing of a lawsuit. Under this law, a settlement offer made by one party to the other must contain the following terms:

a time period to accept the offer, which may not be less than 30 days after it is received by the other party;
the amount of money to be paid;