In Georgia, it is well established that if you are hit by a drunk driver, you can seek punitive (punishment) damages. One issue that has been hotly debated though is whether you can introduce evidence that the other driver was drunk where the case is proceeding to trial with only the Uninsured Motorist carrier remaining as a viable defendant. Georgia Appellate Courts seems to have finally clarified their answer with a resounding “yes.”
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Georgia Uninsured Motortist Coverage is Affected by Georgia Medical Liens
After Georgia changed its UM (uninsured and underinsured motorist insurance) laws in 2009, the changes left people with “added on” type coverage and UE (uninsured excess) or reducing type coverage. The good kind ads itself to the policy of the person who caused the car accident. For example if the at fault driver had $25,000.00 in coverage and you had $50,000.00 in UM added on coverage, then if your injury was severe enough, you could recover $75,000.00.
First Georgia DePuy Hip Implants Cases Filed in Dekalb County State Court
On February 4th, the first of several products liability suits against DePuy and DCMedical were filed. As we discussed in an early article on the blog, most of the cases are vulnerable to removal to Federal Court because there is a rule which says if the Defendant is not from the State where the lawsuit is brought and it is a big case, the Defendant has the right to move the case out of the local level Courts and into Federal Court. This is an advantage for DePuy because once the case is in Federal Court, it is subject to certain rules regarding Multi District Litigation.
A Lawyer’s Sense of Self; What Can Sir Thomas More Teach a Georgia Lawyer?
Today we just wanted our readers to reflect on what it means to be a lawyer with integrity. I was fortunate enough to have a mentor who believed in me when I was a younger lawyer and I will save the lengthy discourse on the monumental merits of mentoring for another day, but he left me with some role models. One of which is a probably fictionalized depiction of King Henry VIII’s one time friend, Sir Thomas More. In Robert Bolt’s powerful play about the difficult decisions More made, “A Man for All Seasons”, he paints a lawyer for the ages. An honest and incorruptible Judge, a father, a husband and a very stubborn man. Bolt’s description of him reads to me as a eulogy that few of us can hope to totally achieve, but that we should strive for. Bolt wrote:
Elderly Georgia Wronful Death Defendant is Sentenced to 3 Years to Serve in Cobb County: Driver’s License Law Change Proposed
Our firm represents the family of 5 year old Karla Campos, who was tragically killed last December by an elderly and infirm driver, Edith Anderson. Mrs. Anderson was charged after the death with vehicular manslaughter and on Monday, Judge Adele Grubbs sentenced her to 3 years in prison for her decisions. Continue reading
I Have DePuy Hip Implants; What Lawyers in Georgia are Handling Implant Cases?
Late this summer DePuy Orthopedics sent out a recall of the ASR XL Acetabular hip replacement and our DePuy Implant lawyers in Georgia have been mobilizing to get information to the recipients.
The recall came about after new medical studies showed that the DePuy hip implant had a 1 in 8 failure rate. The failed hip replacements caused some patients metal sensitivity, fractures and pain and in many cases led to the need for a revision of the hip replacement. Many of these complications could have been avoided had DePuy and Johnson & Johnson simply not received a special clearance from the FDA to begin marketing the hip replacements without clinical trials.
How Much is a Car Accident Case Worth in Georgia
One of the most frequently asked questions is “How much is my car accident case worth here in Georgia?” Although we have written extensively on this subject previously, we recently completed a series of videos to go into further detail. Enjoy the first one:
Orthopedic Doctors in Atlanta Georgia who Deal with Car Accidents
I spent several hours talking with a family last week about their difficult decision on whether to remove screws and pins from their daughters leg. The topic what distinguishes a good orthopedist or orthopedic surgeons in Atlanta came up.
With 14 years of injury law behind us, we have deposed or spoken with well over half of the orthopedists in the metro Atlanta area. Clients frequently ask us “will this doctor listen to me?” “Do they care what has happened to me?” The answer is, “It depends on the Doctor.”
Georgia Uninsured Motorist Coverage; The New Video is Up!
The first of the new Georgia Car Accident Insurance Coverage videos are up
When the Other Driver Slides on Ice and Crashes Into Me are They Legally Responsible?
With all of the snow and ice in Atlanta, Georgia over the last few days, many consumers have called asking about who is responsible when they are involved in car accidents due to ice. The answer is rooted in common sense and codified in OCGA § 40-6-180.
Under the Law, a driver may not drive their “vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for the actual and potential hazards then existing. Consistently with the foregoing, every person shall drive at a reasonable and prudent speed… when special hazards exist with respect to pedestrians or other traffic or by reason of weather or highway conditions.”