Personal Injury
Georgia Law Regarding Lost Wages/Income in Injury Lawsuits
Sustaining an injury can be a tremendous setback for a victim and their family. If you or a loved one have been injured due to the negligent actions of another person, company, or entity, there may be various types of compensation available for your losses. Several types of compensation that are often available to personal injury victims revolve around income. What kind of lost wages are counted as damages? Anytime a person is injured, there is a chance that the injury will keep them from working temporarily or permanently. This can lead to various types of damages being available for…
Can I File Dental Malpractice In Georgia?
When researchers from Johns Hopkins released findings that stated medical errors were the third leading cause of death in the country, most people did not immediately think of dental errors. However, dentistry professionals are considered specialized medical professionals, and they do make mistakes. Dental malpractice occurs when the treatment provided by a dentist or a dental assistant falls below the acceptable industry standard of care and causes an injury. If you or somebody you love has been the victim of a dental mistake, you should be able to recover compensation for your losses through a dental malpractice lawsuit. Most common…
What Is the Clear and Convincing Evidence Standard?
If you or somebody you love gets injured due to the careless or negligent actions of another person, it may be necessary to file a personal injury lawsuit to recover compensation for your losses. These proceedings can be incredibly difficult because they require the injured party to put forth enough evidence to prove that the alleged at-fault party was responsible. In these cases, the “burden of proof” determines which party is responsible for putting forth evidence as well as the level of evidence they need to put forward to prevail with their claim. For most personal injury cases, the injury…
What Is Res Ipsa Loquitur?
Most personal injury cases revolve around the negligence of one person causing harm to another. Victims in a personal injury lawsuit have a burden of proving they were hurt because of the actions of another person. In most cases, the victim will have to produce evidence to substantiate their claims. However, what if there is no direct evidence to show that another person was negligent, but you are certain they are to blame? This is where the legal doctrine of res ipsa loquitur could be helpful. Breaking down “res ipsa loquitur” The phrase “res ipsa loquitur” is Latin and means…
What is Georgia’s Castle Doctrine?
It is generally accepted that a person has the right to defend themselves against injury or death. Every state has self-defense laws that allow citizens the right to use force to protect their own lives, the lives of others, and sometimes their own property, without the fear of facing criminal punishment for their actions. However, the laws that allow self-defense are not without controversy, particularly when it comes to the Castle Doctrine or similar stand your ground laws. Understanding the Castle Doctrine Imagine for a moment you are asleep in your bed in the early hours of the morning when…
What is Georgia’s Good Samaritan Law?
Many people have heard of Good Samaritan laws, but they may not understand what they are and who they protect. Georgia has had versions of Good Samaritan laws in place since the early 1960s, and they have been dramatically changed and improved ever since. What is the purpose of Good Samaritan laws? There are two primary purposes for Good Samaritan laws in Georgia: To allow bystanders who have no specialized training to help others in emergencies. To make sure that nobody is punished for their intention to help others in the emergency. These laws have been put into place around…
Are Parents Liable for Injuries Caused by Their Child’s Bullying In Georgia?
The bullying epidemic that has spread across the country has had devastating consequences on families, especially when a child is injured. When a child is harmed due to another child’s bullying, it is important to understand who is liable for the injuries. In general, parents in Georgia can be held liable for injuries caused by their child’s bullying. However, there are also instances in which the school can be held liable if the bullying took place on school grounds. Parental responsibility laws in Georgia It is generally understood that parents are responsible for their children’s actions. In Georgia, there is…
What is Informed Consent?
Surgeries and most other medical procedures involve a certain degree of risk and potential side effects. Before medical professionals can proceed with procedures, they must obtain informed consent for the patients. Failing to obtain informed consent could result in a patient filing a lawsuit against a doctor for medical malpractice in the event they are injured due to the procedure. Informed consent is much more than a patient simply signing their name. There are various elements to informed consent that must be met in order for the consent to be valid. The standards of informed consent The American Medical Association…
What are Heat Stress Injuries?
Heat stress injuries are serious and can lead to significant health concerns. Workers who are exposed to extreme heat or who work in hot environments could be at risk of a heat stress injury. The most common heat stress injuries include heat stroke, heat exhaustion, heat cramps, and heat rashes. Employers have a duty to ensure workers have a safe environment. If an employee is forced to work in overheated conditions, they could suffer severe health consequences, and existing health conditions could be exasperated. Types of Heat-Related Illnesses According to the Centers for Disease Control and Prevention (CDC), the most…
Who Can File a Wrongful Death Lawsuit in Georgia?
Losing a loved one due to the careless, negligent, or criminal actions of someone else is incredibly difficult to deal with. Family members are often left picking up the pieces, wondering what they can do moving forward. Today, we want to discuss wrongful death cases, particularly, who is able to file a wrongful deal lawsuit in Georgia. What does the law say about Georgia wrongful death? Georgia’s laws cover wrongful death cases and state that, if a person is killed by the wrongful act of another person, company, or entity, then the family members of the deceased have the right…