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Articles Posted in Personal Injury

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Plaintiff Failed to Show Existence of a Hazardous Condition in Slip-And-Fall Case

Under Georgia law, an owner or occupier of land has a legal duty to maintain its premises in a reasonably safe condition for invitees. This does not mean that the owner is insuring the safety of people invited on its property. In fact, in order to bring an action for…

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Georgia Court Requires Strict Compliance with State Tort Claims Act

Georgia law governs personal injury lawsuits arising from any number of tort claims, including injuries arising from car accidents.  It is important to understand what laws apply to your particular claims and how you may properly comply with those requirements.  The significance of following the applicable local procedure cannot be…

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Homeowner’s Insurance Policy Precludes Wrongful Death and Personal Injuries Claim Arising From Car Accident

Georgia courts have been called upon to interpret any number of insurance policy claims arising from car accidents.  All of the facts and circumstances of each case are integral to the determination of whether the plaintiff is entitled to a recovery, and if so, to what extent.  Whether the claim…

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Public Duty Doctrine Protects City From Liability in Negligence Action

Plaintiffs in a personal injury action arising from a car accident typically bring a negligence lawsuit against the other driver or drivers involved in the collision.  But negligence actions can arise from any number of circumstances, and the facts and parties involved can make a huge difference in the outcome…

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Georgia Supreme Court Interprets Statute of Limitations Provision Arising From Car Accident Case

Car accidents are a frequent occurrence in Atlanta and throughout the state of Georgia.  Because car accidents have the potential to cause injuries to innocent victims, prudent drivers typically secure insurance policies to cover future claims for damages. No two cases are identical, and depending on the specific circumstances and…

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Georgia Court of Appeals Affirms Premises Liability Damages Award For More Than $2.6 Million

Many premises liability causes of action are based on a plaintiff’s “slip and fall” or “trip and fall” claim. The Georgia Supreme Court has identified two elements that a plaintiff must plead and prove in order to bring a viable slip and fall claim: 1) that the defendant had either…

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Georgia Court of Appeals Refuses to Enforce Settlement Agreement Citing Demand in “Counteroffer”

Many personal injury actions involve car or other motor vehicle accidents.  Typically, the drivers’ insurance companies get involved to help settle and resolve the matter.  The importance of knowing and understanding the local laws applicable to a personal injury claim cannot be overstated.  In a recent case, Kemper v. Brown,…

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Georgia Court Denies Motion for Attorney Fees in Trucking Accident Case

 Under Georgia law, an award of attorney fees is typically not available unless authorized by contract or state statute. Case law indicates that a plaintiff in a personal injury accident may not be entitled to collect his or her attorney fees if there exists a “bona fide controversy” between the parties,…

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Georgia Court of Appeals Grants Motion to Enforce Settlement Agreement of Car Accident Insurance Claims

Car accidents are a common occurrence in and around the Atlanta area.  Unfortunately, many innocent victims are injured each year as the result of one driver’s negligence while behind the wheel.  Injuries sustained in car accidents can range from mild scrapes and abrasions to more serious matters such as broken…

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