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Category Archives: Personal Injury

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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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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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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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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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How the COVID-19 Pandemic Affects Georgia Medical Malpractice Claims

By Hawkins Spizman |

The COVID-19 pandemic had a widespread and devastating impact on Georgia’s healthcare system. At the beginning of the pandemic, in April 2020, Georgia Governor Brian Kemp issued an executive order formally declaring a “public health state of emergency.” Among other provisions, the executive order declared that “employees, staff, and contractors of healthcare institutions and… Read More »

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Does a Criminal Prosecution Extend the Time to File a Personal Injury Lawsuit in Georgia?

By Hawkins Spizman |

You only have a limited amount of time to bring a personal injury lawsuit in Georgia. For most cases this period is 2 years from the date when the injury occurred. For example, if you are injured in a car accident that took place on February 1, 2022, you would have until February 1,… Read More »

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The Importance of Seeking Medical Treatment After a Slip and Fall Accident

By Hawkins Spizman |

A slip and fall accident can result in serious–and potentially fatal–injuries. That is why you should always seek medical attention following a fall, even if you think you feel well enough to get up and walk away. In many cases, the injuries produced by a fall accident are not immediately obvious, and any delay… Read More »

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How Does Proximate Causation Affect a Georgia Car Accident Lawsuit?

By Hawkins Spizman |

One of the necessary elements of any Georgia personal injury case is establishing proximate causation. In simple terms, the plaintiff must prove that “but-for” the defendant’s negligent or reckless act, the plaintiff’s injury would not have occurred. This means that a defendant can avoid liability by showing that an intervening act by a third… Read More »

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What Is the Statute of Repose? And How Could It Affect My Georgia Personal Injury Claim?

By Hawkins Spizman |

Georgia has a two-year statute of limitations in personal injury cases. For example, if you are injured in a car accident caused by a negligent driver, you typically have two years from the date of the crash to file a lawsuit. If you wait past the two-year deadline, your case will likely be thrown… Read More »

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