The Court of Appeals recently issued an opinion stemming from a Georgia premises liability lawsuit a woman filed against a shopping center (SC) after she suffered injuries in a car accident in the SC’s parking lot. According to the record, the woman and her daughter were driving in the parking…
Articles Posted in Car Accident
In Georgia, Don’t Dismiss the Case Without Prejudice Unless You Have Personal Service
5 years ago we covered this topic in a CLE we taught. Georgia has a nice rule where if you screw up on service( the actual handing of the papers to the person being served by the sheriff) and it does not happen within the statute of limitations (or reasonably…
I Have a Lazy Attorney, Is that Dangerous?
Do you have that feeling in your gut that your lawyer is lazy? Are they very slow to respond, if they do at all? Everyone goes through busy periods, but if the lazy behavior is frequent, it’s not going to get better and it may destroy your case. As the…
Court Permits Plaintiffs to Recommence Lawsuit after Georgia Car Accident
The Court of Appeals recently issued a decision in an appeal of a trial court’s ruling dismissing a woman and her husband’s Georgia personal injury lawsuit. The general holding is that when you file a case and serve it and then dismiss it without prejudice, the Court will not throw…
Employer Liable when Georgia Employee Headed to Work in Special Circumstances
A company employee has been asked to come to work for some special reason but are driving their own car; is the employer liable for a crash that happens on the way? We handled a tragic case involving this exact question. A Columbus family was in a terrible accident that…
Uninsured Motorist Coverage Analysis Following a Georgia Car Accident
The issue of how many different Uninsured/Underinsured policies might provide coverage and in what order. After a Georgia car accident, injury victims often find that the driver who caused the crash does not have enough insurance and have to seek a recovery for their damages from their own insurance company.…
Future Medical Expenses? Only If the Doctor Testifies they Are Likely
Recently, a Georgia appeals court issued an opinion in a lawsuit stemming from serious injuries a victim suffered in a motor vehicle accident. There was no debate about who caused the crash and no debate about the past medical care. The issue was whether the jury was allowed to consider…
How to Get a Doctor’s Testimony before the Jury in a Recent Georgia Car Accident Case
In a Georgia car accident case, the injured person usually needs to have medical testimony from the treating doctors to help the jury understand the gravity of the injury. To spare Doctors from having to close their practice and spend half a day in Court, the Georgia legislature created the…
posted athens Georgia Appeals Court Reinstates Case Filed Beyond Statute of Limitations
Knowing the applicable statute of limitations is the first step in any personal injury claim. However, even when a statute of limitations has passed, an exception may still apply, as one recent case before a Georgia appeals court illustrates. The Facts of the Case On October 16, 2014, two drivers…
postedDuty to Preserve a Car After and Accident in Georgia
Spoliation is a hot button issue in Georgia and defense attorneys have begun sending out spoliation letters is basic car wreck cases insisting the Plaintiff keep the damaged car after an auto accident. Lawyers for the Plaintiff have a tough decision to make. It’s no problem where the Defendant’s own…