There is a common scenario that plays out following an auto accident. First, the injured driver sends a demand letter to the negligent driver’s insurance company, offering to settle for the limits of the latter’s policy. Next, the insurance company either accepts the offer unconditionally–usually by sending a check–or makes…
The typical premises liability claim involves a customer who is injured slipping and falling in the aisle of a store. In such cases, the legal question is whether or not the store owner breached its legal duty to keep its premises “in a reasonably safe condition” for invited members of…
It goes without saying that a drunk driver can be held liable in a civil lawsuit for injuring someone while on the road. In some cases, Georgia law even makes it possible for an accident victim to sue a bar or restaurant for serving the drunk driver. But what about…
Georgia law requires insurance companies to act in good faith when resolving auto accident claims. For example, if you are injured in an accident caused by another driver’s clear negligence, the other driver’s insurance company is expected to make a good-faith effort to negotiate a settlement, especially when your damages…
A jury verdict in favor of the victim is often not the “last word” in a personal injury case. Aside from any appeal the defense might bring, the trial judge can also issue what is known as a “judgment notwithstanding the verdict” (j.n.o.v.) This basically means the judge finds that,…
There is a well-established rule in American law that you cannot sue the government without its consent. This rule, known as sovereign immunity, imposes a high bar for anyone who wants to sue the government for the negligent acts of its employees. Basically, unless Congress adopts an express exemption to…
If you are involved in a car accident, you should always promptly notify your auto insurance carrier. Failure to do so may lead the insurer to deny coverage. This is a basic rule of Georgia insurance law that applies equally to large companies. At the end of the day, an…
In general, monetary damages in a personal injury case are meant to compensate the victims for their losses. But there are cases in which a jury may award what are known as “punitive damages.” These damages are not meant to compensate, but rather to punish. Put another way, punitive damages…
You probably know that if you are injured due to someone else’s negligence, you can sue that person to recover your medical expenses. But defining the precise scope of medical expenses can get complicated, particularly in the U.S. healthcare system. For instance, are you entitled to recover the full amount…
In September 2002, Yahazia Odelia purchased two side-by-side plots from a cemetery in DeKalb, Georgia. The plots were known as Space 15 and Space 16, respectively. Odelia buried her sister in pace 16 and reserved Space 15 for her mother when her time came. When Odelia’s mother passed away in…