Personal Injury
November is Child Safety Month – Here’s What You Need to Know
Did you know that approximately 14,000 children under the age of 19 lose their lives each year in the US? Further examining data from the Education Development Center indicates that approximately 8.7 million children visit the emergency department each year, and around 227,000 children are hospitalized. These are staggering statistics, and they are a parent’s worst nightmare. November is National Child Safety and Protection Month, created as such to help raise awareness about child injury statistics and to help educate parents on how to establish a safe environment for children. What Parents Should Know About Keeping Their Kids Safe Most…
How Hotel Security is Responsible for Your Safety
When you check yourself or your family into a hotel, you expect to be safe. Whether you’re traveling for business or pleasure, hotels and their employees owe you a duty of care. This duty extends to various aspects of your safety when you are on hotel property. Here, we want to explain the various ways that hotels are responsible for your safety and examine what you can do if you are harmed as a result of negligent security practices. What Hotels are Responsible For Hotels have to keep guests safe. If they can’t, they will not have guests for very…
The Importance of the Open Records Act
The Open Records Act in Georgia, also known as the Georgia Sunshine Law, is designed to provide individuals, news agencies, and other entities access to public records from government bodies. This includes just about any type of record held by a public entity in the state of Georgia. Here, we want to examine the importance of the Open Records Act as well as how this could affect a personal injury civil claim. Understanding the Open Records Act Under the Open Records Act in Georgia, just about any record that is kept by a public agency should be available to the…
What Are “Excessive Force” Cases and Why Are They So Difficult?
There is no shortage of news about excessive force being used by law enforcement officers across the country and here in the state of Georgia. Perhaps the cases most relevant on individuals’ minds are the George Floyd murder in Minneapolis and the murder of Ahmed Aubrey in Georgia. However, excessive force does not always end in death; they often result in severe injuries. Here, we want to examine what “excessive force” means as well as why these cases are difficult to prove from a personal injury standpoint. Excessive Force Happens But Officers Aren’t Always Held Responsible When we examine Federal…
How the Burden of Proof Works in a Civil Injury Trial
The phrase “burden of proof” revolves around determining who is responsible for a particular event. You will hear this phrase come up in criminal cases as well as civil personal injury claims. However, the burden of proof for a civil claim is different than it is for a criminal case. For those who sustain injuries caused by the actions of someone else, the burden of proof lies with the injury victim. Here, we want to discuss what this means and how to establish proof. Understanding a Preponderance of Evidence When a prosecutor is trying to prove that someone committed a…
Georgia’s “Family Purpose” Doctrine
In most situations, parents or guardians will not be held liable for the actions of their children, but that is not always the case. The state of Georgia does have a “family purpose doctrine” in place under which a person who has the right and duty of control over a motor vehicle could be held liable for another family member’s actions in the event a collision occurs. We want to discuss the family purpose doctrine as well as how this could affect a personal injury claim you are involved in. What is the Family Purpose Doctrine? The family purpose doctrine…
Can A “Swim At Your Own Risk” Sign Protect Against Personal Injury Claims?
Swimming pools can be incredibly fun, but they can also present significant hazards. Pools pose many risks for swimmers, and it is important to know who is responsible if an injury occurs. Regardless of whether or not a pool is on private residential property or somewhere that the public has the right to be, there may be a “swim at your own risk” sign present. Do these types of signs protect a pool’s owner from liability in the event an injury occurs? Premises liability laws will usually make pool owners liable for injuries suffered by parties who use their facilities.…
What is the Respondeat Superior Doctrine?
Respondeat superior is a Latin term used to describe a facet of personal injury law under which an employer becomes responsible for the negligence or omission of an employee. In other words, this is where the idea of vicarious liability comes from. Here, we want to discuss how respondeat superior could apply in various situations. Defining Respondeat Superior Respondeat superior is a legal doctrine commonly used in tort claims that means an employer or another principal could be liable for the actions of their employees or agents, if the wrongful action occurs within the scope of their duties. For most…
What Is Georgia’s Stay Of Discovery Rule?
Any time a civil personal injury lawsuit is filed, the process can become incredibly complex. When an injury victim (the plaintiff) files a case against an alleged negligent party (the defendant), Georgia’s often complicated civil legal processes initiated. One of the most important aspects of a civil personal injury case is the “discovery.” Discovery is when both parties, the plaintiff and the defendant, are doing exactly what the word suggests – they are discovering everything there is to know about the case so they can be prepared for trial. While most personal injury cases are settled out of court, that…
How Personal Injury Settlements Are Taxed
If you or somebody you care about has been injured due to the actions of another individual or entity, there is a good chance you will be able to recover compensation for your losses. However, you need to know whether or not the compensation you receive will be taxed. Taxes seem inescapable in society, but the reality is that you may be in luck when it comes to a personal injury settlement and taxation. Most Parts of a Personal Injury Settlement Are Not Taxable Individuals who sustain injuries caused by the actions of another person or entity will likely be…