Articles Tagged with Georgia personal injury attorney

Personal injury claims are not always about car accidents or even physical injuries. Negligence can affect victims in many other ways, such as forcing them to incur a financial loss or depriving them of some other intrinsic right. That said, a plaintiff can only recover damages when the negligence was rooted in some legal duty owed him or her by the defendant.

Georgia Department of Labor v. McConnell

For example, the Supreme Court of Georgia recently issued an opinion, Georgia Department of Labor v. McConnell addressing the question of whether state officials owe a legal duty to protect the personal information of individuals from unauthorized disclosure. The background for this case was a 2013 incident in which an employee of the Georgia Department of Labor accidentally emailed a spreadsheet containing the personal information of over 4,700 residents of Cherokee, Cobb, and Fulton Counties to approximately 1,000 recipients.

One of the biggest mistakes a person can make following a serious accident is to not contact a lawyer. In some cases, the negligent party who caused the accident will try and convince the victim that it is unnecessary to speak with an attorney. The negligent party may even make promises to “take care of” the victim’s damages without the need for them to file a personal injury lawsuit.

Golden Isles Cruise Lines, Inc. v. Lowie

Unfortunately, such promises may be nothing more than a delaying tactic. The negligent party may simply be trying to keep the victim from filing a claim until it is too late–i.e., after the statute of limitations has expired.

As every parent of a teenager knows, one of your worst fears is that your child will be involved in an auto accident. What happens if your child is held legally responsible for the accident? As the parent, are you liable for any damages arising from a personal injury lawsuit brought by the other driver?

Yim v. Carr

A recent decision from the Georgia Court of Appeals, Yim v. Carr, offers some useful insight into how the law works in this area. This case began with an April 2016 two-car accident. One driver, the defendant, is a 28-year-old woman who lives with her parents. At the time of the accident, she was driving a car she co-owned with her mother. According to the defendant, her mother co-signed the loan to purchase the car, and the vehicle was listed on her parents’ auto insurance policy. However, she made all of the loan payments and reimbursed her parents for the insurance premiums. She also maintained that the car was solely used by her and never by her parents.

There are many deadlines a person needs to understand and comply with in a personal injury lawsuit. Perhaps the most critical deadline is the statute of limitations. In Georgia, an accident victim has two years from the date of the injury to sue the negligent defendants.

To give a simple illustration, let us say you are injured in a car accident that occurred on May 1, 2017. If you want to sue the other driver for damages, you need to make sure your lawsuit is filed no later than May 1, 2019. After that date, no Georgia judge can hear your case, regardless of its merits.

Herrin v. JC Penny Corporation, Inc.

Most personal injury claims arising from an auto accident are paid via a settlement with the negligent driver’s insurance company. What happens when the insurer refuses to settle and the injured parties successfully sue the negligent driver for damages? In such scenarios, the driver may be able to sue the insurer for its “bad faith” refusal to settle the personal injury claim in the first place.

First Acceptance Insurance Company of Georgia, Inc. v. Hughes

When does an insurance company’s “duty to settle” actually arise? Does the insurer have to wait for the injured victims to file a lawsuit? Or should the insurer reasonably anticipate when such a lawsuit is likely to occur? The Georgia Supreme Court recently addressed both of those questions.

Whenever there is an airplane crash, you inevitably hear the media talk about the “black box,” i.e., the data recorders that often provide accident investigators with valuable evidence when trying to piece together what went wrong. These days, many cars contain their own black box-type devices, which can prove equally valuable when preserving evidence for a potential personal injury lawsuit. Of course, this only helps if the vehicle itself is properly preserved and not lost or destroyed following the accident.

French v. Perez

A recent decision by the Georgia Court of Appeals, French v. Perez, addressed just such a scenario. This case revolves around a December 2014 auto accident. The plaintiff was a passenger in his sister’s car. It collided with another vehicle operated by the defendant and owned by the defendant’s wife.

In personal injury cases you often hear about damages for “pain and suffering.” This includes mental as well as physical pain. While there is obviously no precise way to quantify such non-economic injuries, there are certain legal guidelines judges and juries must follow when determining such awards.

Warnock v. Sandford

The Georgia Court of Appeals recently addressed this subject. In Warnock v. Sandford, a jury awarded nearly $11 million in damages to an auto accident victim for his physical and mental pain and suffering. The defendant appealed, alleging the judge improperly instructed the jury as to the law.

In a typical personal injury claim arising from a car accident, the plaintiff is free to sue the defendant for damages at any time prior to the expiration of the statute of limitations, which is normally two years for personal injury claims. However, when the defendant is a government employee, and the accident occurred while that person was acting in an official role, the plaintiff needs to jump through some additional hoops before a court will even hear the lawsuit.

For example, if you are injured in a car accident caused by the negligence of a Georgia county employee, state law requires that you present a claim to the county within 12 months. Basically, you need to give the county written notice before you can sue it. If you fail to comply with this notice requirement, a judge will dismiss any subsequent personal injury lawsuit based on that claim.

Moats v. Mendez

Georgia follows what is known as “modified comparative fault” in personal injury cases. What does this mean? Well, let us say you are involved in an auto accident with another vehicle. You later sue the other driver for damages. If a jury ultimately determines that the other driver was 80% at-fault, that means you are 20% at-fault. You could still recover damages under this scenario, but your award would be reduced by 20% to account for your own “comparative fault.”

So, what happens if the jury decides you are both equally at-fault, i.e., you were both 50% responsible? In that case, you recover nothing. Georgia’s comparative fault law prohibits a plaintiff from taking anything in a personal injury lawsuit if he or she is found 50% or more at-fault.

Barrett v. Burnette

We have all heard the famous police warning, “You have the right to remain silent.” It is a bedrock principle of constitutional law: No person can be compelled to testify against him or herself in a criminal proceeding. What about a civil lawsuit, such as a personal injury claim, arising from a potential criminal act? How does the Fifth Amendment affect a victim’s ability to seek compensation?

U-Haul Company of Arizona v. Rutland

The Georgia Court of Appeals recently addressed a case dealing with these issues. In U-Haul Company of Arizona v. Rutland, a widow sued multiple parties, alleging they were responsible for her husband’s death in an October 2015 car accident. To be more specific, a drunk driver operating a rented U-Haul truck crossed a center line and hit the victim’s car in a head-on collision. Police subsequently arrested the driver and charged him with vehicular homicide and DUI, among other charges.