A homeowner’s insurance policy typically covers the policyholder’s liability for personal injury claims that occur on the property. For example, if someone slips and falls in your home and subsequently sues you, your homeowner’s insurance policy will pay for any damages. But not every injury that occurs on a property…
Medical malpractice is treated differently than most personal injury claims in Georgia. State law requires a malpractice plaintiff to submit an affidavit from a qualified expert who can attest that there is “at least one negligent act or omission claimed to exist and the factual basis for each such claim.”…
Although we charge police and fire departments with protecting lives and property, as a matter of law it is difficult to actually sue these agencies if they fail in their duties. Georgia law extends sovereign immunity to absolve state agencies of any liability arising from a “failure to provide, or…
In a personal injury lawsuit, such as a negligence claim arising from a car accident, the plaintiff must establish causation—that is, how the defendant’s actions were the proximate cause of the plaintiff’s injury. If a plaintiff fails to advance a plausible theory of causation, a Georgia court may dismiss the…
If you are driving and there is a sudden emergency—for example, an accident takes place in front of you and you instinctively swerve to avoid the collision—can you be held liable for your own actions? In many cases, the answer is no. Georgia law recognizes a “sudden emergency” defense. This…
Many Georgia residents do not wish to receive extraordinary medical procedures in the event they are suffering from a terminal illness. Hospitals and health care providers are legally required to honor a patient’s wishes in this respect, especially when there is an Advance Directive making such intentions clear. If a…
Dealing with insurance companies is often the first legal issue that needs to be managed following a car accident. While many cases are amicably resolved with insurers without the need for litigation, accident victims always need to tread carefully lest they inadvertently sign away their legal rights. As a recent…
Uninsured motorist coverage extends the protection of your own automobile insurance to accidents caused by another party who lacks sufficient insurance to compensate you for any injuries. For example, let’s say a drunk driver hits you. You subsequently sue the driver and win $1,000,000 in damages from the jury. But…
Many Georgia car accidents involve motorists from other states. If you are injured by a nonresident driver’s negligence, you can still seek to recover damages through the Georgia courts. It is important to understand that there are special conditions imposed by Georgia law in such cases. You must make every…
For many of us, our pets are considered members of the family. We would never assign our beloved dog or cat a monetary value. Unfortunately, when an animal is injured or killed due to the negligence of another party, the courts need some way to determine the damages owed to…