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Personal Injury

What Is The Burden Of Proof Under Georgia State Law?

Any time a person is injured because of the careless, negligent, or intentional actions of someone else, there may be a need to file a personal injury lawsuit to recover compensation. However, in order for a case to be successful, a plaintiff will need to prove that the other party was liable for the incident. The term “burden of proof” is something most people hear about in criminal cases, but this also applies to every type of personal injury claim as well. What are the different levels of burden of proof? There are varying levels of burdens of proof used… read more

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What Is Georgia’s Stay Of Discovery Rule?

Any time a civil personal injury lawsuit is filed, the process can become incredibly complex. When an injury victim (the plaintiff) files a case against an alleged negligent party (the defendant), Georgia’s often complicated civil legal processes initiated. One of the most important aspects of a civil personal injury case is the “discovery.” Discovery is when both parties, the plaintiff and the defendant, are doing exactly what the word suggests – they are discovering everything there is to know about the case so they can be prepared for trial. While most personal injury cases are settled out of court, that… read more

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What is Georgia’s Impact Rule?

If you or somebody you love has sustained an emotional or psychological injury that was caused by the negligence of another person, company, or entity in Georgia, then you may have heard of the “impact rule.” This means that, in order to recover compensation for purely emotional damages caused by the actions of another person, the plaintiff is required to prove that the incident “impacted” them in some way. Understanding how the impact rule applies in Georgia can be incredibly confusing. Does “impact” mean a literal impact on a person’s body? We can highlight two separate cases to show how… read more

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What is Discovery in a Personal Injury Case in Georgia?

If you or somebody you love has been injured in Georgia due to the careless or negligent actions of another person, company, or entity, you may be able to recover compensation through a personal injury lawsuit. However, understanding how these cases work can be incredibly complicated. After a personal injury lawsuit is initiated, there are various phases that the lawsuit will go through. One of the phases is called the “discovery process.” What is the discovery process? Most personal injury claims are handled out of court through insurance settlements. However, if a lawsuit is filed and delivered to the defendant,… read more

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Georgia Law Regarding Lost Wages/Income in Injury Lawsuits

Sustaining an injury can be a tremendous setback for a victim and their family. If you or a loved one have been injured due to the negligent actions of another person, company, or entity, there may be various types of compensation available for your losses. Several types of compensation that are often available to personal injury victims revolve around income. What kind of lost wages are counted as damages? Anytime a person is injured, there is a chance that the injury will keep them from working temporarily or permanently. This can lead to various types of damages being available for… read more

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Can I File Dental Malpractice In Georgia?

When researchers from Johns Hopkins released findings that stated medical errors were the third leading cause of death in the country, most people did not immediately think of dental errors. However, dentistry professionals are considered specialized medical professionals, and they do make mistakes. Dental malpractice occurs when the treatment provided by a dentist or a dental assistant falls below the acceptable industry standard of care and causes an injury. If you or somebody you love has been the victim of a dental mistake, you should be able to recover compensation for your losses through a dental malpractice lawsuit. Most common… read more

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What Is the Clear and Convincing Evidence Standard?

If you or somebody you love gets injured due to the careless or negligent actions of another person, it may be necessary to file a personal injury lawsuit to recover compensation for your losses. These proceedings can be incredibly difficult because they require the injured party to put forth enough evidence to prove that the alleged at-fault party was responsible. In these cases, the “burden of proof” determines which party is responsible for putting forth evidence as well as the level of evidence they need to put forward to prevail with their claim. For most personal injury cases, the injury… read more

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What Is Res Ipsa Loquitur?

Most personal injury cases revolve around the negligence of one person causing harm to another. Victims in a personal injury lawsuit have a burden of proving they were hurt because of the actions of another person. In most cases, the victim will have to produce evidence to substantiate their claims. However, what if there is no direct evidence to show that another person was negligent, but you are certain they are to blame? This is where the legal doctrine of res ipsa loquitur could be helpful. Breaking down “res ipsa loquitur” The phrase “res ipsa loquitur” is Latin and means… read more

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What is Georgia’s Castle Doctrine?

It is generally accepted that a person has the right to defend themselves against injury or death. Every state has self-defense laws that allow citizens the right to use force to protect their own lives, the lives of others, and sometimes their own property, without the fear of facing criminal punishment for their actions. However, the laws that allow self-defense are not without controversy, particularly when it comes to the Castle Doctrine or similar stand your ground laws. Understanding the Castle Doctrine Imagine for a moment you are asleep in your bed in the early hours of the morning when… read more

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Can A “Swim At Your Own Risk” Sign Protect Against Personal Injury Claims?

Swimming pools can be incredibly fun, but they can also present significant hazards. Pools pose many risks for swimmers, and it is important to know who is responsible if an injury occurs. Regardless of whether or not a pool is on private residential property or somewhere that the public has the right to be, there may be a “swim at your own risk” sign present. Do these types of signs protect a pool’s owner from liability in the event an injury occurs? Premises liability laws will usually make pool owners liable for injuries suffered by parties who use their facilities…. read more

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