personal injury

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

November 9, 2018 | Benjamin S. Persons, IV

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 a living due your injuries.

For this reason, there are many companies that now offer litigation financing. Basically, a third party advances funds to the plaintiff to help them pay personal expenses while the case is pending. If the plaintiff is successful, the plaintiff repays the funds to the third party, together with any previously agreed upon interest and fees. If the plaintiff recovers nothing from the case, they owe the financing company nothing.

Ruth v. Cherokee Funding, LLC

Georgia Lodge Owner Not Responsible for Accidental Shooting on the Property

November 5, 2018 | Benjamin S. Persons, IV

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 employee commits a tort in the course of carrying out the employer’s business. The second, premises liability, means a property owner had superior knowledge of a safety hazard that caused an injury to a person lawfully on the premises.

Manners v. 5 Star Lodge and Stables, LLC

Neither of these rules means a business is automatically liable for an accident just because it involves one of its employees or occurs on its land. Here is an example taken from a recent Georgia Court of Appeals decision. In this case, a woman was accidentally shot while on the premises of a lodge. The Court of Appeals, upholding an earlier ruling by a trial judge, held that the lodge was not legally responsible for the plaintiff’s shooting or injuries.

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

August 10, 2018 | Benjamin S. Persons, IV

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.

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

July 31, 2018 | Benjamin S. Persons, IV

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.

Can You Accept a Car Accident Settlement Three Years Later?

July 27, 2018 | Benjamin S. Persons, IV

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.

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

July 6, 2018 | Benjamin S. Persons, IV

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.

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

May 30, 2018 | Benjamin S. Persons, IV

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

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

March 9, 2018 | Benjamin S. Persons, IV

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.

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

March 2, 2018 | Benjamin S. Persons, IV

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.

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

February 27, 2018 | Benjamin S. Persons, IV

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