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…
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…
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,…
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,…
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…
A common mistake that unrepresented individuals can make following a car accident is to hastily agree to a settlement offer made by the defendant’s insurer and sign a liability waiver, precluding them from filing suit for any future issues that may arise, such as undeveloped or undiscovered personal injuries. In…
Sometimes when car accidents occur, they are the result of a third party’s negligence, who was not actually involved in the collision. In one such case, Wolfe v. Carter, 726 SE 2d 122, Ga. Ct. App. (2012), a man suffered injuries when he became sandwiched between two tractor trailer trucks, when an…
One of the aspects of the litigation process of which non-lawyers may not be aware is the tactical manner in which defendants and their counsel may refuse to cooperate with what they are legally required to do. In the course of a lawsuit, both sides are required to provide certain…
What happens when you file a lawsuit and the defendant doesn’t respond? Perhaps they hope that it will just go away? It doesn’t. In order to address cases whereby defendants are non-responsive, our justice system has a mechanism referred to as default judgment. However, simply not receiving a response does…
In reviewing an appeal of a car accident injury case, SAFEWAY INSURANCE COMPANY v. Hanks, Ga: Court of Appeals 2013, the Court of Appeals of Georgia affirmed the judgment for the plaintiff, finding that expert testimony was not required to establish a causal link between neck and back injuries in a car…