Personal Injury
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…
Are Lawyers’ Fees Tax Deductible?
There are various reasons why individuals may need help from an attorney. This could include securing legal assistance to help fight a personal injury claim or to help defend against criminal charges. Regardless of why you need an attorney, you may wonder if your lawyers’ fees are tax-deductible. This is important information to know, particularly as tax time comes around and you are looking to save some money. The Verdict – Lawyers’ Fees Are NOT Tax-Deductible You may need to file a personal injury claim against another individual or entity who caused you harm. Perhaps you are about to go…
Catastrophic Injury vs. Personal Injury Claims
Anytime an individual sustains an injury caused by the careless or negligent actions of another person or entity, they should be able to recover compensation for their losses. This compensation usually comes through a settlement with insurance carriers or as a result of a personal injury lawsuit against the other party. However, is there a difference between a Georgia personal injury claim and a catastrophic injury claim? What is a Personal Injury Claim? A personal injury claim can arise anytime one individual sustains an injury caused by the negligent, intentional, or careless actions of another person, entity, or business. When…
What is a Soft-Tissue Injury?
Soft tissue injuries can lead to significant setbacks for victims. The term “soft tissue injury” describes any injury that occurs to the soft tissues in our bodies rather than the hard bone injuries that occur. Some of the most common soft tissue injuries include bruises, sprains, strains, contusions, and more. Here, we want to take a deeper dive into soft tissue injuries, properly define them, and examine whether or not individuals can recover compensation give a soft tissue injury is caused by the actions of someone else. Acute Soft Tissue Injuries Many soft tissue injuries are immediately visible right after…
When Does Attorney-Client Privilege Not Apply?
Anyone who has watched TV shows or movies surrounding interactions with an attorney has likely heard of the attorney-client privilege. This refers to an attorney being unable to speak to other parties about what their client says to them. In fiction shows, this attorney-client privilege seems unbreakable, and it is indeed an important part of the legal process. However, there are times when the attorney-client privilege does not apply. What is the Attorney-Client Privilege? The Cornell Law School’s Legal Information Institute states that “attorney-client privilege refers to a legal privilege that works to keep confidential communications between an attorney and…