Articles Tagged with personal injury

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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 a particular county.

What happens if you live in one county and want to sue someone who lives in another county? Under the Georgia Constitution, venue is “in the county where the defendant resides.” So let’s say you live in Cobb County and are involved in a car accident with someone who lives in Gwinnett County. According to Georgia law, you would have to file a personal injury lawsuit against the defendant in Gwinnett County Superior Court.

Now, suppose you were involved in a three-car accident and you want to sue both of the other drivers, each of whom lives in a different county. In that scenario you could sue both defendants in either county. So, if one defendant lived in Cobb and the other in Gwinnett, you could select either county’s superior court.

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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 hazards, however, can the city itself be held legally responsible?

City of Albany v. Stanford

In 2016, a Dougherty County jury answered “yes” to this question. The specific context was the horrific 2010 murder of a 20-year-old man at an illegal nightclub in Albany. The victim, who was from Butts County, was visiting his aunt in Albany at the time. Some friends took him to a local recording studio known as Brick City.

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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 deadline for the other to accept the terms of the settlement.

DeMarco v. State Farm Mutual Automobile Insurance Company

The Georgia Court of Appeals recently examined an unusual case involving the widow of a deceased accident victim who attempted to enforce a settlement agreement three years after the fact. The accident itself occurred 11 years ago, in July of 2007. The victim’s car was knocked by one vehicle into a third vehicle. The victim subsequently sued the owner and driver of the third vehicle for damages.

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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 negligent defendant. Obviously, loss of future earnings will vary depending on the victim. In some cases, it may not be possible to calculate these damages without the assistance of expert witnesses.

Lee v. Smith

Consider this recent case from the Georgia Court of Appeals. The underlying lawsuit involves a car accident. The plaintiff alleged the defendant’s negligence caused the accident. The defendant conceded liability but contested the amount of damages.

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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 the criminal.

What about local law enforcement and private entities that were charged with protecting the public from a particular criminal? Can they also be held liable?

SecureAlert, Inc. v. Boggs

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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 while at work. Basically, an employer may not “search the locked privately owned vehicles of employees or invited guests on the employer’s parking lot,” so long as any guns are kept “locked out of sight within the trunk, glove box, or other enclosed compartment.”

Lucas v. Beckman Coulter, Inc.

So long as an employer complies with the BSEPA’s requirements, it cannot be held civilly or criminally liable for any injury arising from the “transportation, storage, possession, or use of a firearm” from its premises. The law makes two exceptions, however, for cases in which the employer itself actually commits a crime using a firearm or it otherwise “knew that the person using such firearm would commit such criminal act” on its premises.

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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 lack thereof may be a critical issue in a personal injury case, particularly when you have alleged negligence on the part of a property owner.

Cherokee Main Street, LLC v. Ragan

Consider this recent decision by the Georgia Court of Appeals. This is a car accident case that originated in Cherokee County a little over four years ago. On the day in question, the plaintiff was shopping at a department store in a local shopping center. After leaving the store, she walked down a sidewalk past another store–one of the defendants in this case. The sidewalk had a ramp leading into the parking lot. But there was no formal crosswalk markings.

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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 a valid personal injury judgment under Georgia law.

For instance, in a Chapter 7 bankruptcy, the debtor’s non-exempt property is liquidated to pay any creditors to the extent possible. The remaining debts may then be “discharged.” This does not mean that the debt itself is void. Rather, a discharge means that the debtor is no longer legally obligated to repay the debt, and the creditor may take no further collection action against that individual. However, if there are multiple parties liable for a judgment, the bankruptcy of one defendant does not affect the enforceability of the judgment against the other, non-bankrupt defendants.

Flanders v. Jackson

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Everyone recognizes that teachers have a difficult job. We also trust teachers with the education and well-being of our children. So, when the worst happens and a child dies while in a teacher’s custody, grieving parents will understandably seek accountability and justice through the courts.

Barnett v. Caldwell

Unfortunately, when it comes to teachers employed by public schools, the legal system makes such accountability difficult. Although the Georgia Constitution states that a state employee may be personally liable for “negligent failure to perform” a “ministerial” function, they are generally immune from lawsuits arising from discretionary acts. In non-legal terms, if the law mandates a state employee do something, then he or she can be sued for negligently failing to do so. If the employee has discretion to do something, however, then he or she cannot be sued if that decision caused injury to a third party, unless the victim can prove that the employee acted with “actual malice” or “actual intent to cause injury.”

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One of the recurring questions that arise in personal injury cases is determining who is covered by an auto insurance policy. Since most claims are paid via some form of insurance, whether it is that of the negligent driver or the victim’s own uninsured motorist coverage, it is critical to ascertain from the outset who is and is not covered. Rest assured, the insurance company will make every effort to deny coverage if it has a plausible legal reason to do so.

Stanley v. Government Employees Insurance Company

The Georgia Court of Appeals recently addressed an interesting variant of our recurring question: Does an uninsured motorist (UM) policy cover the fianceé (or common law spouse) of a named insured? The plaintiff in this personal injury case was driving a vehicle owned by his employer when he was the victim of a head-on collision with another driver. The plaintiff sustained serious injuries and sued the other driver for negligence.