If you are injured in a car accident as the result of someone else’s negligence, you should be mindful of legal time limits to file a lawsuit against the responsible parties. Under Georgia law, the statute of limitations for filing a personal injury claim is two years “after the right…
When there are multiple defendants in a personal injury lawsuit, those defendants may choose to work together in litigating or settling a claim. But sometimes these joint efforts result in additional litigation. One defendant may settle and demand the other pay for part of that settlement. An ongoing case in…
In 1992, the Georgia Supreme Court held an auto insurance company may be liable if it is “guilty of negligence, fraud, or bad faith” in failing to settle a potential claim against a policyholder. The case involved a woman who was responsible for a car accident. The victim’s attorney presented…
A key step in bringing any personal injury lawsuit is deciding what court to file in. While personal injury claims are mostly governed by state law, federal courts have jurisdiction to hear cases where there is “complete diversity” among the parties. This means that none of the plaintiffs can reside…
Under Georgia law, you can only bring a medical malpractice claim against someone you were in a “doctor-patient relationship” with. This does not necessarily mean the doctor must physically examine you. A doctor-patient relationship can exist whenever a physician participates in someone’s diagnosis or treatment, or where the patient seeks…
Poorly designed and maintained roads are a factor in many automobile accidents. The Georgia Court of Appeals recently addressed an ongoing lawsuit where the plaintiffs allege failures by the State of Georgia and its contractors to post proper signs near a road maintenance site led to a fatal accident. Although…
Medical malpractice can have a devastating impact on anyone, but especially infants. Medical personnel should always be vigilant when treating their tiniest patients, but unfortunately, sometimes the standard of care falls below accepted medical norms. Georgia law can complicate malpractice cases, however, by requiring a higher standard of proof when…
While many personal injury lawsuits settle without the need for a trial, plenty of cases still go before a jury. Jurors are supposed to be fair and impartial. Attorneys for both sides question prospective jurors to screen them for possible biases. But the system is not perfect. The United States…
In any civil lawsuit, it is important for all parties to comply with certain deadlines. Courts require filing of documents within a certain time, and failure to comply can result in an adverse decision. A major auto insurance company recently learned that lesson from the Georgia Court of Appeals Kelly…
Expert testimony is usually the key to winning a medical malpractice case. Georgia law governs the admission of expert testimony. In a lawsuit alleging negligence against a medical professional, a proposed expert must be “a member of the same profession” as the defendant. In other words, a pharmacist cannot offer…