Under OCGA §§ 19-7-1(c) and 51-4-4, when a child dies unmarried and without children, then the parents normally have the right to bring the wrongful death lawsuit on their behalf. If the parents are divorced they both have an equal right to bring the claim and must share in the…
Atlanta Injury Attorney Blog
Jury Selection in Georgia
After trying a Federal jury trial last week and a Fulton County State Court case this week, I thought I would touch on the subject of jury composition and voir dire. So much is made in the injury lawyer world of the venue; that is the county or area that…
Trying a Trucking Case in Federal Court this Week
Friday was the last day of a 5 day jury trial our firm has tried alongside some other law firms we frequently work with. To put it simply, the trial did not go smoothly. This case brings home a point that is often debated among trial lawyers. When should a…
Independent Contractor or Employee and Can Workers Compensation Apply?
Georgia business often tell their employees that they are independent contractors to get around overtime issues and to avoid dealing with workers compensation.Are you an independent contractor just because your boss pays you with a 1099 and does not hold out taxes. What about the fact that you signed a…
Abraham Lincoln Tried Personal Injury Cases and Was Wiser than Me
Abraham Lincoln was a trial lawyer and he tried personal injury cases, much the same as we do now, although I would wager he was a good bit more eloquent. Lincoln is more legend than fact for most people these days. His legacy is overshadowed by the Civil War and…
Ethan Couch and Father’s Company Sued for Wrongful Death
Many have by now heard of the unsettling news of a Texas judge who chose to only sentence 16 year old Ethan Couch to probation after he drove drunk and killed 4 people, paralyzed another and hurt still more. The Texas Attorney General has announced there is nothing they can…
Merry Christmas to Friends, Family and Clients!
Stay safe and warm this holiday season! .
Not Wearing a Seatbelt Could Cost You Thousands of Dollars in an Injury Accident
The current law in Georgia says that if you are injured by someone else, the at fault driver and their insurance company cannot blame you for your injuries just because you are not wearing a seatbelt. The idea is 1) that unfairly lets the reckless driver off the hook and…
Loser Pays; Would it Work in Car Accident Claims?
At least once a year I get into a lengthy debate with friends about the merits of various tort reform measures including these repeated calls for a “loser pays” system in Georgia. Having just returned from London, I became interested in how the English Rule, “loser pays”, is working for…
Emergency Rooms Price Gouge the Uninsured
I realize the entire word of medical bills and health insurance is going to change drastically next year. For the time being it is a total clusterfuck for the uninsured and only slightly better for the insured. var _giphy = _giphy || []; _giphy.push({id: ‘2tglkqAMn9tyE’,w: 320, h: 180});var g =…