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Category Archives: Personal Injury

WrongfulDeath2

Understanding the Limits of Insurance Coverage in a Georgia Wrongful Death Case

By Hawkins Spizman |

In a wrongful death lawsuit, the estate and family of a deceased accident victim can seek substantial monetary compensation from the parties responsible for that death. Under Georgia law, the wrongful death plaintiffs are entitled to recover the “full value” of the victim’s life. In many cases, that can mean a multi-million award of… Read More »

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PILawyer

Why Georgia Law Requires You to Allege “Specific Damages” When Filing a Personal Injury Claim Against a Municipality

By Hawkins Spizman |

Immediately following a car accident, the victim is unlikely to know exactly how much their potential financial and other losses are. Even when filing a personal injury lawsuit, damages may be alleged in terms of broad estimates of the plaintiff’s losses. Unfortunately, when a personal injury claim is made against a state or local… Read More »

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When Is a Personal Injury Settlement Offer Legally Binding?

By Hawkins Spizman |

Many car accident victims are reluctant to pursue a personal injury claim because they fear a lengthy, drawn-out trial and appeals process. The truth is that the vast majority of Georgia car accident claims are settled out of court. Indeed, the most likely outcome of such cases is for the victim and their attorney… Read More »

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Sorting Out Responsibility for a “He Said/She Said” Accident in Georgia

By Hawkins Spizman |

Sometimes when there is a car accident, it is immediately apparent to everyone involved who was responsible. But in many cases it is not always clear. In a two-car accident, each driver may think the other was clearly at-fault. it is then up to a judge or jury to sort the matter out. Drivers… Read More »

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MedMal18

Can You Sue the Federal Government for Medical Malpractice?

By Hawkins Spizman |

When a private physician’s treatment falls below the accepted standard of care and injures a patient, that is considered medical malpractice under Georgia law. The patient can sue that doctor (and their employer) in state court and seek compensation for their additional medical bills, lost income, and other economic and non-economic damages. But what… Read More »

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MedMal21

Are Georgia Doctors Vicariously Liable for Their Medical Students’ Malpractice?

By Hawkins Spizman |

Vicarious liability is a concept in Georgia personal injury law that holds a principal responsible for the negligent acts of an agent. To give a simple example, consider a truck driver who runs a red light and causes a traffic accident while making a delivery for her employer. Under vicarious liability, the victims of… Read More »

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Why Residency Matters When It Comes to Filing a Georgia Personal Injury Lawsuit

By Hawkins Spizman |

In a Georgia personal injury lawsuit, an employer can be held legally responsible for a tort committed by an employee. This is known as vicarious liability. For example, if a driver is making a delivery for their employer in a company-owned vehicle, runs a red light, and hits a minivan, the employer is just… Read More »

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How “Proximate Cause” Affects a Georgia Personal Injury Case

By Hawkins Spizman |

In a personal injury lawsuit, the plaintiff has the burden of establishing not just that the defendant was negligent, but that negligence was also the proximate cause of the plaintiff’s injuries. Put simply, proximate cause means that “but-for” the defendant’s actions, the plaintiff would not have been harmed. That harm must also have been… Read More »

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Who Can File a Wrongful Death Lawsuit in Georgia?

By Hawkins Spizman |

A personal injury lawsuit allows the victim of a negligent or intentional act to sue the wrongdoer for monetary damages. This assumes, however, that the victim survived the injury. To put it bluntly, a dead person cannot sue. But certain parties can file a Georgia wrongful death lawsuit against the person or legal entities… Read More »

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Airbnb Guest Injured by Falling Vine Can Sue Property Owner

By Hawkins Spizman |

If you are injured while an invited guest on someone else’s property, you have the right under Georgia law to sue the owner for damages. This is known as premises liability, and it covers situations where the owner failed to keep both their property–and any approaches to that property–in reasonably safe condition. In this… Read More »

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