Personal Injury
Public Duty Doctrine in Georgia
The public duty doctrine in Georgia has come under increased scrutiny over the last few months as unrest related to police misconduct has brewed across the United States. Many people wonder whether or not a Georgia municipality can be held liable for failing to provide police protection to the public. This is a good question that can mostly be answered under the “public duty doctrine.” What does the public duty doctrine say? The public duty doctrine says that Georgia, or a municipality, cannot be held liable for a duty of police protection except under various special and defined circumstances. The…
Personal Injury Endorsement On My Homeowner’s Insurance
If you own a home, then you likely have homeowner’s insurance. This type of insurance allows those who own their home to rest easier knowing that if something unexpected should happen to their home or on their property, their insurance will protect them. However, most people do not have a clear understanding of what is in their homeowner’s insurance policy. By not completely understanding the ins and outs of the policy, a homeowner could be caught off guard if they experience a sudden loss. They may discover that they will not be covered and left in sudden financial devastation. Most…
What are the Top Reasons for Insurance Denials?
If you or somebody you care about has been injured due to the careless or negligent actions of another person or entity, you may be entitled to various types of compensation for your losses. In most situations, personal injury cases are settled out of court through insurance carriers. However, it is not uncommon for insurance claims to be delayed or denied by insurance carriers. Here, we want to discuss the top reasons that an insurance carrier uses to deny a claim. Top reasons for an insurance claim denial Understanding why your claim was denied by an insurance carrier is the…
What Are the Benefits of Hiring a Personal Injury Lawyer?
If you or somebody you care about has sustained an injury caused by the careless, negligent, or intentional actions of another party, you may be entitled to various types of compensation for your losses. However, personal injury cases are rarely cut and dry. Most individuals do not have the resources necessary to conduct a complete investigation into their case to secure full compensation. An Atlanta personal injury lawyer can be incredibly beneficial in these situations, and we want to discuss why that is the case. The numerous benefits of working with a personal injury lawyer There are various reasons why…
Should I Give a Recorded Statement to an Insurance Company?
The aftermath of a car accident can be confusing for a crash victim. First and foremost, crash victims need to be concerned about their health and well-being. However, when the initial emergency is over, car accident victims need to know how to secure compensation for their injury and property damage expenses. You can be sure that the insurance carrier of the at-fault party will try to contact you as soon as possible in an attempt to get you to give a recorded statement. Here, we want to discuss why you should not give a recorded statement to the other party’s…
Factors That Impact Your Claim Value
If you or somebody you love has been injured in an incident caused by the careless or negligent actions of another party, whether a car accident, a slip and fall incident, or some other accident, you should be entitled to compensation for your losses. However, there are various factors that can influence the value of your injury claim. Most personal injury cases are resolved through insurance settlements, but some end up going to trial. Regardless of the method of resolving a personal injury case, you need to be aware of the factors that can affect the value of the claim.…
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…
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…