In product liability cases, defendants will often try and shift blame for any injuries onto the plaintiff. For example, a manufacturer of an allegedly defective product will say it was the plaintiff’s carelessness that caused his accident, rather than any negligence on the manufacturer’s part. Thurmond v. Federal Signal Corporation…
Marietta Injury Lawyer Blog
Krispy Kreme Faces New Trial Over Allegedly Frivolous Defense in Auto Accident Case
Insurance companies and corporate defendants often try to deny a legitimate personal injury claim. It is one thing to litigate a case in court. But it is quite another when a defendant raises arguments it knows to be frivolous. For this reason, Georgia law allows successful personal injury plaintiffs to…
Georgia Court of Appeals Holds Parents Not Liable for Adult Daughter’s Car Accident
As every parent of a teenager knows, one of your worst fears is that your child will be involved in an auto accident. What happens if your child is held legally responsible for the accident? As the parent, are you liable for any damages arising from a personal injury lawsuit…
Can a Personal Injury Lawsuit be Dismissed Based on a Delay Caused by the Court Clerk?
There are many deadlines a person needs to understand and comply with in a personal injury lawsuit. Perhaps the most critical deadline is the statute of limitations. In Georgia, an accident victim has two years from the date of the injury to sue the negligent defendants. To give a simple…
Harbor Freight Faces Trial Over Sale of Allegedly Defective Gasoline Can
When someone is injured by a dangerous or defective product, Georgia law permits the victim to bring a personal injury claim against not only the product’s manufacturer, but in some cases against the retailer that sold the product, as well. More precisely, the seller can be held responsible if the…
Georgia Supreme Court Holds Insurer Not Responsible for $5.3 Million Accident Judgment
Most personal injury claims arising from an auto accident are paid via a settlement with the negligent driver’s insurance company. What happens when the insurer refuses to settle and the injured parties successfully sue the negligent driver for damages? In such scenarios, the driver may be able to sue the…
Is a Personal Injury Defendant Responsible for Insurance Company’s Spoliation of Evidence?
Whenever there is an airplane crash, you inevitably hear the media talk about the “black box,” i.e., the data recorders that often provide accident investigators with valuable evidence when trying to piece together what went wrong. These days, many cars contain their own black box-type devices, which can prove equally…
Georgia Court of Appeals Upholds $10.9 Million Car Accident Verdict
In personal injury cases you often hear about damages for “pain and suffering.” This includes mental as well as physical pain. While there is obviously no precise way to quantify such non-economic injuries, there are certain legal guidelines judges and juries must follow when determining such awards. Warnock v. Sandford…
Georgia Court of Appeals Dismisses Personal Injury Claim Against Polk County Sheriff
In a typical personal injury claim arising from a car accident, the plaintiff is free to sue the defendant for damages at any time prior to the expiration of the statute of limitations, which is normally two years for personal injury claims. However, when the defendant is a government employee,…
Ga. Court of Appeals Holds State Insolvency Pool Entitled to “Offset” Claims Using Other “Primary” Insurance Coverage
All Georgia employers are required to have workers’ compensation insurance. This provides medical and wage replacement benefits to employees who are injured in the course of their employment. For example, if you are in a car accident while driving a company-owned vehicle to make a sales call, you would be…