Articles Tagged with personal injury

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Uninsured motorist (UM) coverage provides valuable protections for Georgia residents who are injured in a car accident caused by a driver who either failed to purchase insurance–in violation of the law–or lacks sufficient coverage to fully compensate the victims for their losses. All Georgia insurers are required to offer UM coverage and must adhere to certain restrictions contained in state law. Even if a customer agrees to the terms of a UM policy that conflicts with state law, that does not override the law, nor does it permit an insurer to escape liability.

Georgia Farm Bureau Mutual Insurance Company v. Rockefeller

Consider this recent decision by the Georgia Court of Appeals. This case involves a UM policy held by the the defendant, who was injured in a two-car accident with another driver. The defendant said the other driver caused the accident and filed a personal injury lawsuit against him in Georgia state court. Because the defendant had reason to believe the driver was “underinsured,” he also served his UM carrier, the plaintiff in the present case.

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Many personal injury claims involve more than one defendant or negligent party. Historically, if a Georgia court found multiple defendants liable for an accident, all of the defendants could be held collectively responsible for any monetary judgment. This is known as “joint and several liability.” But in 2005, the Georgia legislature amended the state’s tort laws to require a jury (or judge) “apportion its award of damages among the persons who are liable according to the percentage of fault of each person.”

Renaissance Recovery Solutions, LLC. v. Monroe Guaranty Insurance Company

This amendment has largely–but not completely–eliminated joint and several liability in Georgia. In fact, a federal judge in Augusta recently addressed a case in which a state court previously, and apparently erroneously, issued a joint and several liability verdict.

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All parents have certain legal obligations towards their children. Under Georgia law, a parent must provide for a child’s “maintenance, protection and education” until he or she reaches 18 years of age. Obviously, this includes paying for a  child’s medical care, including care for injuries caused by a third party’s negligence.

Mujkic v. Lam

Of course, the parents do have the right to seek compensation from the negligent party for their out-of-pocket costs. But parents need to be aware of Georgia’s strict deadlines for pursuing such claims in courts. The law in this area is sometimes confusing, but judges do not excuse ignorance or honest mistakes when it comes to filing deadlines.

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Each year more than 300 people die on Georgia roadways in drunk driving accidents. While prosecutors can file criminal charges against the drunk driver, that does not compensate victims and their families for their losses. Unfortunately, in many cases the drunk driver either has no insurance or lacks sufficient coverage to fully compensate the victims.

This is where uninsured and underinsured motorist (UM/UIM) coverage can come into play. Under Georgia law, all auto insurance providers must offer UM/UIM coverage as part of their standard policies. The customer has the option to decline such coverage, but must do so in writing. While you are free to purchase any amount of UM/UIM insurance that an insurer offers, state law sets minimum coverage at $25,000 for bodily injury per person (or $50,000 per accident). In many cases, it is a good idea to purchase significantly more coverage, as the damages from an accident can easily exceed $50,000, especially if there is serious injury or death.

Allstate Property and Casualty Insurance Company v. Musgrove

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According to the Centers for Disease Control and Prevention, 10 people die every day in the United States due to “unintentional drowning.” Children between the ages of 1 and 4 are especially at risk. Among this age group, drowning is the leading cause of death aside from congenital birth defects.

Frazier v. Godley Park Homeowners Association, Inc.

Most child drowning deaths occur in residential swimming pools. In some cases, the pool owner’s negligence may be the proximate cause of the child’s death. You should not assume that just because a child suffers a fatal or non-fatal drowning, the owner is automatically liable. To the contrary, under Georgia law, a swimming pool owner “is not an insurer of its safety.”

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Georgia courts enforce strict jurisdictional requirements when it comes to personal injury lawsuits. This means you cannot proceed with a case unless the court has both the appropriate subject-matter and geographic authority over the parties. Even when a case does satisfy all jurisdictional requirements, a court may still refuse to hear if there is another, more “convenient” forum available to resolve the dispute.

La Fontaine v. Signature Research, Inc.

This is known as the doctrine of “forum non conveniens.” Under Georgia law, a court may “decline to adjudicate” a lawsuit whenever it “finds that in the interest of justice and for the convenience of the parties and witnesses a claim or action would be more properly heard in a forum outside this state.” This rule, formalized by legislation in 2005, superseded earlier rulings by the Georgia Supreme Court on this subject.

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When you visit a public pool or are invited to use a private pool, the operator assumes a certain duty to “exercise ordinary and reasonable care for the safety” of you and any other guests. This means, for instance, if someone drowns in the pool due to improper maintenance or a lack of safety equipment, the pool operator may be legally liable. But what happens when someone drowns in a public body of water such as an ocean?

Downes v. Oglethorpe University, Inc.

The Georgia Court of Appeals recently addressed this question in the context of a wrongful death lawsuit. The victim was a college student who died while participating in a study abroad program. The parents sued the school, alleging its negligence led to their son drowning in the Pacific Ocean.

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While personal injury cases arising from motor vehicle accidents tend to involve cars or trucks, it is important not to overlook other kinds of vehicles such as buses. For instance, the Atlanta Journal-Constitution reported last December that there were “more than 700 accidents” involving school buses in Metro Atlanta during 2016–a rate of nearly two per day. These accidents resulted in over 300 injuries to students and teachers.

Croy v. Whitfield County

Bus operators, including school districts and public transit agencies, can be held liable for damages when driver negligence leads to passenger injury. Personal injury lawsuits against public agencies in Georgia are often complicated by additional notification requirements. Since the State of Georgia and its political subdivisions are normally immune from personal injury claims, plaintiffs must strictly comply with these requirements just to have their cases heard.

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Many single-car accidents are the result of a defective part. If that is the case, the driver may have a personal injury claim under Georgia product liability law. Specifically, O.C.G.A. § 51-1-11 states that a court may order a manufacturer to pay damages to any person “who suffers injury to his person or property” as the result of merchandise that “was not merchantable and reasonably suited to the use intended.”

Phillips v. Owners Insurance Company

Given that product liability cases are highly fact-specific and by their very nature revolve around a particular item, it is critical to preserve any and all physical evidence from a car accident. It may take several months or years to fully investigate the cause of the accident and the potential liability of the numerous manufacturers involved. When evidence is lost or destroyed, it can adversely affect a victim’s case.

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It is a well-established principle of Georgia personal injury law that an employer can be held legally responsible for the negligent acts of its employees. In other words, if you are injured in a car accident because a delivery van ran a red light, you can sue the company that owns the delivery van for damages. This is known as “vicarious liability.”

What happens when a teenager drives his or her parents’ car and causes an accident? Vicarious liability can also apply in these cases under a rule known as the “family purpose doctrine.” As explained by the Georgia courts, the doctrine holds that “the owner of an automobile who permits members of his household to drive it for their own pleasure or convenience is regarded as making such a family purpose his ‘business.’” So, by letting your child use your car, you are creating a “master-servant” relationship similar to when an employer authorizes an employee to use a company-owned vehicle.

Doby v. Bivins