Blog
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Difference between a Workers Compensation Claim and a Personal Injury Claim
In Georgia, the Workers’ Compensation Act is the exclusive remedy for an injury by accident arising out of and in the course of employment. The Workers’ Compensation Act requires that employers subject to the act either carry insurance to insure the payment of workers’ compensation benefits to injured workers or…
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Governmental Immunity
Suing the Federal Government, the State of Georgia, or a Georgia county or city can be a confusing, lengthy, time-consuming process. It is therefore important to hire an attorney who knows the rules and process. In cases where the federal government causes personal injury to an individual, the government is…
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Defenses to Negligence Claims in Georgia
Defenses to Negligence Claims in Georgia Suppose a driver turns left at a red light in front of a second driver’s car, causing a car accident. The first driver is clearly negligent. However, let’s assume the accident could have been avoided entirely had the second driver not been speeding. Courts…
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Negligent Infliction of Emotional Distress
If a person is injured by someone else’s intentional conduct, she may be able to recover in an action for intentional tort. For example, if someone intentionally hits that person, she may have a battery claim. She could also have a battery claim if the Defendant intentionally touched something closely…
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Negligence Per Se Atlanta Georgia
Negligence Per Se Atlanta Georgia If an individual is injured because of the actions of another, she may be able to recover her damages if she can prove that the other person was negligent. As mentioned in previous posts, to prove that another person has acted negligently, you generally must…
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Intentional Trespass
What happens if someone is mistaken with regard to her property line and accidentally builds on her neighbors property? Would she have to pay damages or tear down whatever she had built? Assume for a moment that two neighbors built houses and garages on their adjacent lots. Assume as well…
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Swanson v. Tackling: A Georgia Dog Bite Case
Swanson v. Tackling: A Georgia Dog Bite Case In a recent Georgia case, a seven year old boy was bit on the head by one of Defendant’s Great Dane dogs while he was visiting their home. He suffered serious and disfiguring injuries as a result. His mom filed a personal…
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Injuries Caused by a Mentally Impared Person
If a victim is injured by someone who is mentally impaired in Georgia, can that victim recover damages for her personal injuries? The general rule in Georgia is that a psychotic person cannot be held criminally responsible for his crimes because he is not acting as a free agent and…
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Proving Negligence Actions in Georgia: Unreasonable Conduct
Proving Negligence Actions in Georgia: Unreasonable Conduct When a person has been injured in an accident, she may be able to recover damages for her injuries if she can prove that the accident was caused by the negligence of another. In other words, if someone acted unreasonably and caused injury…
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Products Liability Cases in Georgia
Products Liability Cases in Georgia If a consumer is injured while using a defective product in Georgia, she may be able to recover for her personal injuries. There are several theories under which she may be able to win. Negligence The first theory of recovery to consider when someone is…