Many of you are trying out the convenience of the car rental-ish entity, Turo, which allows you to rent people’s private vehicles much in the same way that Airbnb does for houses. One of the key questions is, what if you rent a Turo car and get into a car…
Atlanta Injury Attorney Blog
Georgia Court Decides Whether Wrongful Death Claim Is Limited by Previous Personal Injury Claim
Georgia’s Supreme Court recently issued a decision deciding whether a wrongful death suit can be limited by a previous personal injury claim for the same accident. The plaintiff, through her husband, filed a personal injury suit against Toyota after a car accident left her in a coma. The coma was…
Georgia Court Discusses “Equal Knowledge” in Recent Sip-and-Fall Case
Georgia slip and fall cases are all about knowledge. To win one of these cases, the store has to know more about the spill than you do, either because it has been there for a while or because they had employees in the area. The corollary is, if you have…
Uninsured Motorist Insurance Notice Denial Can Be Beaten With Some Arguments
When someone is involved in a Georgia car accident and needs to go after their Uninsured or Underinsured Motorist insurance, immediate notice is required. If you fail to put them on notice, your entire claim can be denied. Insurance companies are for-profit corporations, and they rely on taking in more…
East Cobb Car Accident Verdict Reversed Based on Judge’s Failure to Instruct Georgia Jury on Defendant’s Lack-of-Knowledge Defense
Our East Cobb County attorneys work on a variety of car accident injury cases every week and one of the frequent questions is “if the other driver got a ticket, how can they dispute liability? Earlier this year, a state appellate court issued a written opinion in a Georgia car…
Georgia Court Rejects Uninsured Motorist Claim Based on Statutory Definition of “Uninsured Vehicle”
Recently, a state appellate court issued a written opinion in a Georgia car accident lawsuit filed by an injured motorist against his own insurance policy, under the policy’s uninsured-motorist clause. The case required the court to determine if the insurance company was proper in refusing to accept the plaintiff’s claim,…
Georgia Appellate Court Discusses Recreational-Use Statute in Recent Premises Liability Case
A hunter went out on a piece of rural property and fell down a well and died and then his family tried to sue the land owner because of the hidden well. The Court of Appeals took a hard look at the immunity for hunting statute and rendered an opinion…
In a Georgia Slip and Fall Case, Testimony Turns the Tide
In most Georgia personal injury lawsuits, a party is asked for their version of the events several times before the case proceeds to trial. This may be through police investigations, pre-trial interrogatories, or depositions, or even through casual conversations with bystanders. Given the effect that time has on one’s memory,…
Spoliation of Evidence by the Plaintiff in Georgia
A recent trend in litigation in Georgia has been defense law firms sending spoliation to Plaintiff’s attorneys to retain vehicles and cell phones involved in accidents. Up until now very few appellate decisions have come down on that particular set of facts. Recent opinions have said that insurance companies and…
Court Discusses the Availability of Punitive Damages in Recent Georgia Dog Bite Case
Earlier this month, an appellate court issued an important opinion in a Georgia dog bite case discussing whether the plaintiff’s claim for punitive damages was supported by sufficient evidence to submit the claim to a jury. Translating the legalese, the Court of Appeals said that if there was a prior incident…