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,…
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…
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…
Causation is a key element of any personal injury claim. What do we mean by that? Basically, if you are in a car accident and later sue the other driver for damages, it is not enough to show that person’s negligence led to the accident. You also need to show…
In any personal injury case, there is always a risk that the defendant has insufficient assets to pay any judgment or settlement and will therefore seek bankruptcy protection. In many cases, this means the plaintiff–the victim–is out of luck. What happens if there is a co-defendant who is not bankrupt?…
Most personal injury lawsuits involve accidents, i.e. unintentional but negligent conduct, but sometimes a personal injury arises from criminal activity. When this is the case, the criminal party can be held liable in a personal injury lawsuit–but their insurance company probably will not cover any award of damages. That is…
In personal injury law, you often come across the phrase “actual or constructive notice.” This refers to a property owner’s knowledge with respect to a given hazard. Actual notice means the owner knew the hazard existed. Constructive notice, on the other hand, means the owner “should have known” there was…
Workers’ compensation requires Georgia employers to pay medical and wage replacement benefits to employees injured “in the course of” employment. This includes not only injuries that occur while actively working, but also during times “incidental” to a job, such as entering or exiting the employer’s premises. However, employers are not…
If you are injured in a car accident caused by the negligence of another person, your typical remedy is to file a personal injury lawsuit in state court. Depending on certain factors, the defense may have the right to transfer the case to federal court. This is known as “removal.”…
If you are injured in an auto accident, you naturally assume that your insurance policy will help cover your damages. As with any contract, you need to carefully review and understand the terms of your policy. You may need to comply with a number of conditions before the insurer is…