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Articles Posted in Wrongful Death

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Can You File a Georgia Wrongful Death Suit After Already Recovering in a Personal Injury Lawsuit?

In a Georgia wrongful death lawsuit, the United States District Court for the Northern District of Georgia certified two questions to the Georgia Supreme Court. It asked whether the damages that could be recovered in a wrongful death lawsuit brought by a decedent’s survivors were restricted by a settlement entered into…

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Georgia Court Overturns Sovereign Immunity Defense for Negligent Actions Leading to Accident

As we have previously discussed on this website, when automobile accidents involve state actors, such as during a police car chase, governmental agencies may be immune from liability under the doctrine of sovereign immunity.  However, Georgia’s doctrine of sovereign immunity is not absolute. Instead, under Georgia’s Tort Claims Act, state…

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Georgia Court Reviews Suitability of Expert Testimony in Car Accident Case

The outcome of virtually every auto accident case depends in large part on the relevancy and reliability of the evidence presented. In many instances, the parties will provide “experts” whose testimony serves to shed light on certain integral aspects of the case. Georgia law sets forth restrictions on the use…

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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…

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Georgia Supreme Court Reviews Wrongful Death Action Stemming From a Car Accident

Car accidents occur all too often on Atlanta roadways. In many cases, victims injured in an accident will be eligible to recover damages for any pain and suffering caused by the negligence of another person. But people who bring personal injury claims must sort through various state laws that often…

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Georgia Court Addresses Wrongful Death Claims Arising From Car Accident

Car accidents have the potential to cause serious injuries and even fatalities to the people involved. According to the Governor’s Office of Highway Safety in Georgia, there were 1,223 traffic fatalities on state roadways in 2011. The causes of these devastating accidents may include poor weather and roadway conditions, driver…

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Court Grants Defendants Summary Judgment in Negligence Action Arising from Two-Car Accident

No two-car accident cases are alike. The facts and circumstances can vary on many different levels, including the types of injuries sustained, the number of vehicles involved, insurance coverage, whether there are other causes for the accident aside from driver negligence, and many other factors. Add to these variables any…

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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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