Georgia Personal Injury Blog
Can a Pre-Existing Injury Affect My Personal Injury Claim?
If you or somebody you care about has been injured due to the careless or negligent actions of another party, you should be entitled to various types of compensation for your losses. However, a pre-existing condition could result in complications securing the compensation you are entitled to. Here, we want to discuss how insurance carriers and at-fault parties can use your pre-existing conditions against you in your personal injury claim. Why do pre-existing conditions make a difference in a personal injury case? In theory, it should not matter whether or not a personal injury victim has any pre-existing conditions, especially…
Who Pays For A Rental Car After Accident In Georgia?
Getting involved in an accident can be a stressful experience. While most car accidents are relatively minor, victims are still often left dealing with minor injuries as well as property damage. In the event that a car accident victim cannot use their personal vehicle while it is being repaired, it may be necessary to use a rental vehicle in the interim. However, rental vehicles can be expensive. Here, we want to discuss which party pays for rental cars in the aftermath of a vehicle accident. Will the other driver’s insurance carrier cover a rental vehicle? In the event you are…
What Is Unjust Enrichment?
Whenever a person enters a contract with another individual or entity, it is generally understood that both parties must uphold their end of the agreement. However, it is not uncommon for one party in an agreement to fulfill their part of the deal while the other party does not. In some cases, this can be referred to as “unjust enrichment.” Here, we want to discuss what unjust enrichment means and whether or not one party in the agreement can recover compensation through a claim of unjust enrichment. Defining unjust enrichment Unjust enrichment occurs when Party A confers a benefit on…
What Is Additur & Remittitur?
In many legal cases, a trial by jury often returns a verdict awarding a certain amount of money to the plaintiff. Typically, both parties involved, the plaintiff and the defendant, have the ability to appeal the decision that the jury makes. Sometimes, the jury awards excessively high or excessively low damages. This could result in an appeal of the case or the need for a new trial. However, additur and remittitur can also be used to increase or decrease the amount of damages awarded by the jury as a condition of a denial of a motion for new trial. Understanding…
What Is A Survival Statute?
Any time the careless, negligent, or intentional actions of another person or entity result in someone’s death, there are two types of claims that can be made by the deceased person’s family to recover compensation. Most readers will be familiar with the term “wrongful death.” A wrongful death claim is only one type of action that the family of the deceased can bring against negligent parties. Another type of claim is called a survival action. While similar to a wrongful death claim, a survival action is typically distinguished by the types of compensation awarded. The basic differences between survival actions…
What Is A Jackknife Truck Accident?
Commercial trucks are much larger and weigh much more than traditional passenger vehicles. Accidents involving large commercial vehicles are often devastating for victims. While truck drivers and trucking companies have stringent requirements they must abide by in order to remain safe on the roadway, accidents involving large trucks can and do occur. Jackknife accidents are amongst the most dangerous type of collisions that can occur involving large commercial trucks. Here, we want to discuss what a jackknife truck accident is and what a victim can do in the aftermath to recover compensation for their injuries and property damage. Understanding jackknife…
The Current State Of Spoliation Law In The State Courts Of Georgia
Most people understand that evidence is the key part of any court case. This is true for both criminal matters as well as civil court issues. However, there are times when evidence is altered, destroyed, or disappears before the completion of pending litigation. This is referred to as the “spoliation” of evidence. It is important to understand what spoliation of evidence means, particularly if you are involved in any pending litigation. Defining spoliation of evidence Under Georgia law, spoliation of evidence specifically refers to “the destruction or failure to preserve evidence that is necessary to contemplated or pending litigation” (Phillips…
Is Georgia A No-Fault State?
No one expects that they will be involved in a vehicle accident. However, every driver on the roadway is required to carry vehicle insurance in the event an accident does occur. It is important to understand how fault is determined in the aftermath of a vehicle crash. However, when it comes to determining fault and insurance issues, various states around the country handle these incidents through a “no-fault” system. Here, we want to discuss whether or not Georgia is a no-fault insurance state and what this means. Understanding the no-fault insurance system “No-fault” insurance systems are used in various states…
Georgia Sudden Emergency Doctrine
No one expects that they will get into a vehicle accident. However, if you or somebody you care about has been injured in a crash that was caused by the careless and negligent actions of another driver, you should be able to count on the at-fault party’s insurance carrier to provide compensation for your damages. However, what happens if the at-fault driver’s insurance carrier says that they are not responsible for the incident because the crash was the result of a “sudden emergency?” It is vital that you understand Georgia’s sudden emergency doctrine and how this could affect your car…
Who Is At Fault For Yellow Light Accident In GA?
The last thing anybody expects is that they will be involved in a serious accident when they are approaching an intersection. However, car accidents are not uncommon, particularly around yellow lights. Intersections are incredibly dangerous traffic environments, and it is important to know who could be at fault in the event a yellow light accident occurs. There are various ways in which these accidents happen, and we want to look at some of these scenarios here. Left-turn accidents at yellow lights One of the most common types of accidents that happen when a light is yellow are left-turn accidents. These…