In any personal injury lawsuit arising from a car accident, the parties will each be expected to plead and present evidence that supports their relative legal positions. Depending on the facts and the procedural phase of the case, the burden of proof often shifts from one party to another as…
Articles Posted in Auto Accidents
Georgia Supreme Court Rules Plaintiff Entitled to Uninsured Motorist Benefits
A person who is injured in a car or truck accident, due to the negligence of another, may file a claim or lawsuit against the responsible party or parties to recover damages for their suffering and losses. In many of these cases, the plaintiff must be sure to serve the automobile…
Georgia Supreme Court Upholds Plaintiff’s Right to Pursue Emotional Distress Claim
Depending on the specific circumstances, a person injured in a car or truck accident may be entitled to recover damages under a variety of legal principles. Ordinarily, an accident victim will bring a negligence lawsuit against the potentially responsible parties, seeking compensation for physical and emotional pain and suffering. There are…
Georgia Supreme Court Upholds Hospital Lien Arising from Car Accident Injuries
Car accidents have the potential to cause serious injuries to the parties involved. In some cases, the injured victim must seek treatment at a local area hospital. Sometimes the injuries are extremely serious, requiring the victim to endure a prolonged stay at a hospital. While such continuous care may be…
Georgia Court Denies Punitive Damages in Car Accident Lawsuit
In some car accident cases, the injured party may be able to recover punitive damages for their pain and suffering, in addition to compensatory damages. The Georgia Code sets forth the circumstances under which a plaintiff may be entitled to recover such damages in negligence cases. According to the statute,…
Georgia Court Applies Principles of Contract Law to Car Accident Settlement
In some personal injury cases, plaintiffs find themselves addressing issues of contract law as well as traditional notions of negligence in order to achieve a recovery of damages. For instance, in a car accident case, once the injured party establishes that another driver was negligent and caused the accident and…
Georgia Jury Awards $150 Million to Family of Child Killed in Car Accident Explosion
Accidents involving vehicles on local roadways can result in driver and passenger injury, and even death. Many of these tragic cases are caused by negligence of some sort, and on behalf of one or more party, such as the driver, car manufacturer, or some other related entity. Under such circumstances,…
Georgia Court Reviews “Respondeat Superior” Doctrine in Negligence Action Arising from Car-Motorcycle Accident
If you have been injured in a car accident with a negligent driver who was operating the vehicle while working within the scope of his or her employment, you may be entitled to recover damages from both the driver and the employer. Keep in mind, however, that under Georgia law,…
Georgia Court Upholds Workers’ Compensation Benefits in Wrongful Death Case
The details of a personal injury case, including the intricate facts and circumstances surrounding and leading to the victim’s injuries, can have a profound impact on the extent of any legal recovery. This includes the people or entities involved, the location of the accident or incident, whether a duty of…
Georgia Supreme Court Rules on City’s Immunity For Negligence in Car Accident Lawsuit
Car accidents are often caused by negligence of some sort. Under Georgia law, negligence is essentially the lack of the degree of care exercised by an ordinarily prudent person under the same or similar circumstances. Negligence within the realm of a car accident can take many forms, such as driver…