Personal injury claims against Georgia state officials are subject to a special set of constitutional and statutory rules. According to the Georgia Constitution, the General Assembly “may waive the state’s sovereign immunity” by law in cases in which an individual employee negligently injures someone. But “except as specifically provided” by…
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…
A wrongful death lawsuit is a special kind of personal injury claim. Unlike other torts, however, wrongful death is purely a creation of state law. Historically, if a negligent act killed the victim, the personal injury claim died with them. Under Georgia’s wrongful death statute, however, the victim’s surviving spouse…
We previously discussed a terrible wrongful death case, Walden v. Chrysler Group, LLC, in which a 4-year-old Georgia child died after his aunt’s Jeep Grand Cherokee exploded in a rear-end collision. The impact caused the Jeep’s rear-mounted fuel tank to explode, setting the child on fire. Following a trial, a…
In most cases, if you lose a spouse or parent due to third-party negligence, you can bring a wrongful death lawsuit under Georgia law to recover a wide range of damages, including the deceased relative’s lost wages, medical and burial expenses, as well as non-economic damages for their pain and…
Most car accident lawsuits in Georgia are handled by the negligent driver’s insurance company. If an insurer refuses to settle a personal injury claim “in bad faith,” said insurer may be liable for any judgment against the insured in excess of the policy’s normal limits. In other words, the insurance…