Despite what you might think, most auto accident claims are settled out of court between the injured victim and the negligent driver’s insurance company. Only when settlement negotiations break down will a plaintiff normally resort to litigation, which requires a significant commitment of time and resources. In many cases, it…
Georgia law holds manufacturers liable if they fail to exercise “reasonable care” when designing or producing its products. In practical terms, this does not mean the product must be 100% safe. Rather, it must be “reasonably safe for intended or foreseeable uses.” Woods v. ARE Accessories, LLC When is a…
Although personal injury and wrongful death claims are often brought up in the context of negligence–i.e., unintentional but reckless acts–there are situations in which the victim is injured or killed through an intentional criminal act. In such situations, the victim or his or her family can definitely seek damages against…
Even in Georgia, the winters are still prone to icy conditions. When walking through public parking lots and shopping centers in such conditions, you need to be aware of your surroundings, especially if you get into a slip and fall accident. If you subsequently attempt to hold the owner of…
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…
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…
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,…
Just as auto insurance provides liability coverage in the event a driver is sued for causing an accident, most Georgia homeowners’ insurance policies protect the homeowner in the event that someone is injured on their property. For example, if the homeowner was negligent in maintaining their driveway and someone has…
When bringing a premises liability claim in Georgia, a plaintiff does not have to establish that the defendant had actual knowledge of the hazard that caused the plaintiff’s injury. Instead, the plaintiff can show the defendant had “constructive” knowledge. Basically, this means the defendant should have known about the hazard,…
The right to a jury trial is a basic tenet of our legal system. Jurors are entrusted to carefully consider all of the evidence and return a verdict in accordance with the law. Of course, there are times when a jury’s verdict is so inconsistent with the facts that a…