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Articles Posted in personal injury

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Georgia Supreme Court: Personal Injury Lawsuit Financing Deals are Not “Loans”

Personal injury litigation often takes a long time to resolve. In many cases, the victims and their families need to wait years before seeing a dime from their claims. This can impose a substantial financial hardship, especially if you are an accident victim unable to return to work and earn…

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Georgia Lodge Owner Not Responsible for Accidental Shooting on the Property

There are a number of situations in which an individual or business may be held liable for a personal injury caused by someone else. Two of the more common ones involve the legal concepts of respondeat superior and premises liability. The first, respondeat superior, refers to cases in which an…

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Where do I Sue a “John Doe” Driver for Negligence in Georgia?

One of the first legal questions you need to answer before filing a personal injury lawsuit in Georgia is, “What is the proper venue?” Venue refers to the locality where a case is heard and tried. In the State of Georgia, civil cases are tried in a superior court for…

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Appeals Court Throws Out $10.6 Million Negligence Judgment Against City of Albany

In just about every city there are certain places known to host dangerous (and illegal) activities. City officials are often aware of the threats posed by such places but fail to take appropriate action to protect the public. If someone is injured or killed as the result of these public…

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Can You Accept a Car Accident Settlement Three Years Later?

It is common practice following a Georgia car accident for the victim to negotiate a settlement with the negligent driver’s insurance company. Typically, the insurer agrees to settle for the policy limits in exchange for a “release of all claims” arising from the accident. Either party may also impose a…

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Court of Appeals Affirms $2M Car Accident Award to Injured High Jumper

An often under-appreciated category of damages in personal injury cases is the victim’s loss of future earnings. Also referred to as “diminished earning capacity,” this basically covers the amount of money the victim would have earned during the remainder of his or her lifetime but-for the injury caused by the…

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GA Court: Private Contractor Not Liable for Failing to Monitor Criminal Suspects Who Murdered Albany Man

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…

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Is a Georgia Employer Liable for an Off-Premises Employee Shooting?

In 2014, Georgia enacted the Business Security and Employee Privacy Act (BSEPA), more popularly known as the “Bring Your Guns to Work” law. The purpose of this law is to prevent private and public employers in Georgia from restricting the freedom of their employees to keep firearms in their cars…

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Is a Parking Lot Liable if You Fail to Look Before Crossing?

Your parents probably told you, “Watch where you’re going!” more than a few times when you were kid. This is not just good advice. It is also an important reminder that you are expected to be aware of your surroundings at all times. From a legal standpoint, your awareness or…

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Does Bankruptcy Get an Insurance Company Off the Hook for a Personal Injury Judgment?

Winning a personal injury judgment following a car accident does not always guarantee that the victim will actually get paid. There are cases in which a defendant who lacks adequate financial resources will file for protection under federal bankruptcy law. This can delay and in some cases defeat collection of…

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