Georgia personal injury attorney

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.

Georgia Court Holds Lease Limits Time Period for Tenant to File Personal Injury Claim Against Landlord

May 4, 2018 | Benjamin S. Persons, IV

There is always some time limit applicable to bringing a lawsuit. This is known as the “statute of limitations.” In Georgia, for example, the statute of limitations for personal injury claims is typically two years. In other words, if you are injured in a car accident on May 1, 2016, you have until May 1, 2018 to sue the negligent driver for damages. Even if you file just a couple of days after the statute of limitations expires, your case is barred as a matter of law.

Langley v. MP Spring Lake, LLC

While two years is the normal statute of limitations in Georgia, there may be situations in which a personal injury victim actually has less time to file a claim. Georgia courts have long recognized the rights of parties to “contract” away certain legal rights. According to a recent decision by the Georgia Court of Appeals, this includes the time frame to file a personal injury lawsuit.

Mule-Drawn Carriage Ride Prompts Complicated Insurance Lawsuit

April 6, 2018 | Benjamin S. Persons, IV

Is a “parade” the same thing as a “fair” or a “charitable function”? You probably never stopped to think about this comparison before, yet it is a central legal question in an ongoing personal injury case that was the subject of a recent Georgia Court of Appeals opinion.

Georgia Farm Bureau Mutual Insurance Company v. Claxton

The somewhat unusual facts of this case revolve around a mule-drawn carriage. The driver of said carriage offered a free ride to a passenger after the vehicle participated in a local Christmas parade in Telfair County. During this ride, a car rear-ended the carriage and injured the passenger.

GA Court Throws Out $30 Million Car Accident Judgment Due to Incorrect Jury Instruction

March 29, 2018 | Benjamin S. Persons, IV

Car accidents may have many causes. Oftentimes it is simply negligence on the part of the driver. There may also be a defect in the vehicle itself, either as the result of a faulty part used during the manufacturing process or an inadequate repair. If there was, in fact, a problem with the car, the driver may not be liable for any damages sustained by third parties.

Almassur v. Mezquital

On March 15, the Georgia Court of Appeals overturned a $30 million jury verdict in a personal injury lawsuit arising from a 2012 car accident in Forsyth County. The appellate court said the trial judge committed a significant error in refusing to allow a jury instruction proposed by the defense. That instruction, in turn, addressed whether the defendant driver’s actions on the day of the accident were “unknowing and unintentional.”

Georgia Supreme Court Reverses $22 Million Negligence Award, Orders New Trial

March 15, 2018 | Benjamin S. Persons, IV

Georgia law draws a sharp distinction between ordinary negligence and medical malpractice. The former does not necessarily require an expert’s opinion to prove liability, but the latter does. Specifically, the Georgia Supreme Court has said that medical malpractice victims must present evidence from at least one expert witness in order to “overcome the presumption that the [defendant] acted with due care and establish the [defendant]’s negligence.”

Southeastern Pain Specialists, PC v. Brown

Even in cases of egregious medical malpractice in which you would think common sense would tell you there was negligence, Georgia courts still demand expert testimony. To drive this point home, the Georgia Supreme Court recently threw out a $22 million verdict against an Atlanta doctor and his clinic. The justices felt the trial judge failed to properly instruct the jury on the differences between ordinary and medical negligence.

When is a Georgia Insurer Not Liable for Accident Coverage Under an Umbrella Policy?

February 23, 2018 | Benjamin S. Persons, IV

Many Georgia residents take out umbrella policies to provide liability coverage above and beyond their standard auto insurance. Umbrella policies are especially beneficial to victims who sustain financial losses in excess of the normal car insurance policy. For example, if your injuries following a car accident cost you $500,000 in lost wages and medical expenses, and the other driver’s policy only has a $250,000 limit, an umbrella policy can make up that difference.

Government Employees Insurance Company v. Gordon

Of course, that assumes that the company that issued the umbrella policy does not attempt to disclaim coverage. As we know all too well, insurers will never hesitate to try and avoid paying when they can. Here is a recent federal case involving the application of Georgia law in which a court addressed an insurance company’s attempt to avoid its obligations.

Georgia Supreme Court Rules “Free” Admission Deprives Child Victim of Right to Sue

February 8, 2018 | Benjamin S. Persons, IV

Many parents would be happy to see a public park or attraction that admits their children for free. But thanks to a recent decision by the Supreme Court of Georgia, those parents may want to think twice about the legal cost of “free” admission. According to the Court, if you do not pay for your child to get in, you might be surrendering any right to sue for damages if he or she is injured on the property.

Mayor and Alderman of Garden City v. Harris

This case involves a child who was 6 years old at the time of her injury. Her parents took her to attend a youth football game in a public facility owned by Garden City in Chatham County. The facility normally charges a $2 admission fee, but children ages 6 and under do not have to pay. So, while the parents paid for their own admission, they did not have to pay for their child.

Contradictory Testimony Dooms Car Accident Victim’s Push for Summary Judgment Against Insurer

January 19, 2018 | Benjamin S. Persons, IV

Before initiating any kind of personal injury lawsuit, it is important to gather all of the relevant facts and make sure that you are consistent and truthful in any pretrial statements you make, whether to your own attorney or to the court. Inconsistencies, even if they are honest misunderstandings or lapses in memory, can significantly harm your case. In some circumstances they can even prove fatal to a claim.

State Farm Mutual Automobile Insurance Corp. v. Fabrizio

You especially do not want to get caught in an inconsistency when dealing with an insurance company. A recent decision by the Georgia Court of Appeals offers a useful illustration of why not. This ongoing lawsuit started with a 2013 car accident between the plaintiff and another driver. The plaintiff filed a personal injury lawsuit against the other driver.

When is a Georgia Store Owner Liable for a Rainy Day Slip-and-Fall Accident?

January 12, 2018 | Benjamin S. Persons, IV

Everyone understands that you need to be careful when walking in the rain. But just because it is raining outside, that does not automatically absolve store owners of their legal duty to keep their premises in reasonably safe condition for patrons and other invited guests. Put another way, while a store is not necessarily liable for injuries sustained by a customer who slips in a puddle of rainwater near the entrance, if there is evidence the entrance’s design is defective or hazardous, then the customer may have a claim for damages.

Hart v. Wal-Mart Stores East LP

Here is an illustration of this principle from an ongoing personal injury lawsuit from Columbus, Georgia. The plaintiff went to the local superstore to shop in its garden center. it was raining at the time. When the plaintiff stepped inside the store, he slipped and fell and sustained serious injuries.