Personal Injury
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…
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…
What Is The Eggshell Skull Rule?
If you or somebody you love has been injured in an accident caused by the negligence actions of another party, you should be able to recover compensation for your losses. However, aggressive insurance carriers and at-fault parties will do whatever they can to lower the amount of money they pay in a settlement or even deny a claim altogether. One way to do this is to claim that an injury victim had a pre-existing condition that made them more susceptible to injuries, and that the accident in question did not actually cause the injury the victim sustained. The term used…
Is Personal Injury Protection Required in Georgia?
Every state sets minimum vehicle insurance requirements for drivers. Regardless of where you live, failing to carry adequate auto insurance can result in significant fines and other penalties. However, the amount and type of insurance required varies significantly from state to state. One type of insurance coverage that many states require is called personal injury protection (PIP). However, drivers in Georgia are not required to buy PIP coverage. Regardless, personal injury protection coverage may still be a good type of coverage for Georgia drivers to have. Here, we want to discuss what this coverage is and what it can do…
What Is Malicious Prosecution?
Malicious prosecution is the process in which the state authorities bring criminal charges against an individual. In order for a prosecution to proceed, probable cause (a reason to believe the individual committed a crime) must be present. Malicious prosecution occurs when the prosecution against an individual is made without probable cause, or the prosecution has purposes other than bringing a person to justice. Being charged with a crime in Georgia can be an incredibly scary experience, and this is particularly true when a person is maliciously prosecuted. Victims of malicious prosecution may be able to recover compensation for what happened…
How To File A Dog Bite Claim In Georgia
Dogs are usually thought of as a person’s best friend. While dogs are arguably the most popular pet in the United States, the reality is that a dog bite can lead to severe injuries for a victim. The last thing that anybody expects is that they will sustain an injury caused by a dog bite. However, these incidents are not uncommon, and they can occur in public areas or at private residences. If you or somebody you care about has been injured by a dog bite, you need to know the steps to take to file a dog bite claim…
Common Water Park And Amusement Park Injuries
When you or your family members want to enjoy a fun outing at an amusement park or a water park, the last thing you think about is somebody getting hurt. According to a report from CNN, around 335 million people visit amusement parks each year across the country. Amusement park and water park operators are required to follow state regulations put in place to keep ride-goers and visitors safe. Unfortunately, there are times when serious injuries can occur. How often do water park and amusement ride injuries occur? Data available from the US Consumer Product Safety Commission (CSPC) shows that…
What Is The Burden Of Proof Under Georgia State Law?
Any time a person is injured because of the careless, negligent, or intentional actions of someone else, there may be a need to file a personal injury lawsuit to recover compensation. However, in order for a case to be successful, a plaintiff will need to prove that the other party was liable for the incident. The term “burden of proof” is something most people hear about in criminal cases, but this also applies to every type of personal injury claim as well. What are the different levels of burden of proof? There are varying levels of burdens of proof used…
What is Georgia’s Impact Rule?
If you or somebody you love has sustained an emotional or psychological injury that was caused by the negligence of another person, company, or entity in Georgia, then you may have heard of the “impact rule.” This means that, in order to recover compensation for purely emotional damages caused by the actions of another person, the plaintiff is required to prove that the incident “impacted” them in some way. Understanding how the impact rule applies in Georgia can be incredibly confusing. Does “impact” mean a literal impact on a person’s body? We can highlight two separate cases to show how…
What is Discovery in a Personal Injury Case in Georgia?
If you or somebody you love has been injured in Georgia due to the careless or negligent actions of another person, company, or entity, you may be able to recover compensation through a personal injury lawsuit. However, understanding how these cases work can be incredibly complicated. After a personal injury lawsuit is initiated, there are various phases that the lawsuit will go through. One of the phases is called the “discovery process.” What is the discovery process? Most personal injury claims are handled out of court through insurance settlements. However, if a lawsuit is filed and delivered to the defendant,…