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Category Archives: Personal Injury

PremLiab

Can “Aesthetic” Considerations Justify Unsafe Conditions in a Georgia State Park?

By Hawkins Spizman |

Personal injury claims against the State of Georgia or one of its agencies presents a far more complicated legal challenge than your regular personal injury lawsuit. The Georgia Constitution grants broad “sovereign immunity” to the state and its officers. This means that absent a specific legislative waiver of immunity, you cannot file a civil… Read More »

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PIClaims6

What Is a “Default Judgment” in a Georgia Personal Injury Lawsuit?

By Hawkins Spizman |

When you file a personal injury lawsuit, the defendant has a certain amount of time to file a formal response. If the defendant fails to act before that deadline, you can ask the court to enter a default judgment. Essentially, this means that the defendant will be held liable for your injury as a… Read More »

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PI_4

How Do You Collect on a Georgia Personal Injury Judgment?

By Hawkins Spizman |

Winning a personal injury lawsuit is often just the first step in a lengthy process. A civil judgment is essentially just a piece of paper stating the defendant owes you money. It does not guarantee that the defendant will actually pay what they owe you, assuming they even have the assets to do so…. Read More »

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MedMal9

Georgia Court of Appeals Upholds $10.1 Million Medical Malpractice Verdict

By Hawkins Spizman |

In any Georgia personal injury case, the trier of fact must decide the plaintiff’s damages. When it comes to compensation designed to make the plaintiff whole, an award is divided into economic and non-economic damages. Economic damages are usually fairly simple to calculate, as they reflect a plaintiff’s out-of-pocket losses, such as the medical… Read More »

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PILawyer4

How “Loss of Consortium” Claims Work in Georgia Personal Injury Cases

By Hawkins Spizman |

When the plaintiff in a personal injury lawsuit is married, it is not uncommon for their spouse to join the case as a co-plaintiff seeking damages for “loss of consortium.” This is a type of non-economic damages recognized under Georgia law. Damages for loss of consortium are meant to compensate the spouse for the… Read More »

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Injury6

Why Should You Never Directly Negotiate with an Insurance Company By Yourself?

By Hawkins Spizman |

“Why do I need a lawyer? The other driver’s insurance company will pay for my losses.” This is a common sentiment we hear from many people who have been injured in a car accident. There is an assumption that insurance will simply take care of any medical bills or other damages. So why go… Read More »

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PI_Law5

Are There Limits on Compensation in Georgia Personal Injury Cases?

By Hawkins Spizman |

In personal injury lawsuits, the plaintiff’s goal is to obtain damages from the defendant. In this context, damages equal money. Since personal injury claims are civil in nature, the defendant will not go to jail or face any loss of their liberty. But the court can order a defendant to pay financial compensation to… Read More »

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Lawsuit2

How Long Do You Have to Serve a Car Accident Lawsuit in Georgia?

By Hawkins Spizman |

From the moment you are injured in a car accident, there is a proverbial clock ticking. This clock is Georgia’s two-year statute of limitations to file a personal injury lawsuit. Within this timeframe, you need to identify the defendant or defendants and serve them with your lawsuit. Failure to do so generally means a… Read More »

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WrongfulDeath

How Do You Value a Wrongful Death Claim in Georgia?

By Hawkins Spizman |

A wrongful death lawsuit allows the relatives of a deceased person to seek compensation from those persons or legal entities responsible for their loved one’s death. In this context, compensation is meant to cover the value of the life of the deceased. But what exactly does this mean? And how do you actually value… Read More »

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PIClaims10

How “Assumption of Risk” Can Affect Your Child’s Georgia Personal Injury Claim

By Hawkins Spizman |

In Georgia personal injury cases based on premises liability, property owners will often cite “assumption of risk” as a defense. Essentially, if the plaintiff voluntarily and knowingly assumed a risk that led to injury, the defendant cannot be held legally responsible. This assumption of risk rule often comes up in cases arising from sports… Read More »

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