A Georgia jury awarded $16.2 million to a family in a personal injury lawsuit involving Amazon Logistics and Fly Fella Logistics. A recent legal case has spotlighted Amazon’s liability when a delivery van, operated by one of its contractors, struck and severely injured a child riding an electric bike, leading…
COMMON REASONS WHY INSURERS DISCOURAGE HIRING A LAWYER If the insurance company says you do not need a lawyer, it’s often a sign that you do. These companies know that a skilled attorney can maximize your claim. To prevent this, they may try to convince you to accept a quick…
3 Typical Commercial Trucking Accidents There are tens of thousands of commercial trucks on America’s roads and highways. As a result, every individual who travels by road will at some point be near a large commercial truck. The size and weight of these trucks, when combined with a negligent driver…
4 Signs of Nursing Home Abuse and How to Stop It The increasing number of aged people in America has resulted in a nursing home inhabitants that was growing. Because of this, many families are now faced with the choice to transfer an elderly relative into a nursing home. Nevertheless,…
Winning a $30 Million Verdict Case Context The $30 million verdict secured by Haug Barron Law Group on October 5, 2023, didn’t just make headlines—it underscored the law firm’s unwavering commitment to justice, the depth of its legal expertise, and the team’s ability to navigate through complex medical malpractice cases…
Accident Compensation Lawyers If you or a loved one are injured in an accident, many types of compensation may be available regardless of whether the injury is caused by a car wreck, premises liability incident (such as a “slip and fall”), or medical malpractice. This article will generally discuss a…
Average Settlement For Medical Malpractice Lawsuit in Georgia Although most people only think of surgical errors when they hear about medical malpractice cases, the truth is that medical malpractice can be the result of virtually any type of medical mistake. For example, if a doctor fails to properly read…
If someone is injured in another’s home, the homeowner could be liable for any damages caused. Common problems include falling on slippery or insecure surfaces, being injured in pools or trampolines, lawnmower accidents, and accidents involving pets or unsafe conditions on the property. You can protect yourself from liability by…
Damages come in two distinctly different types. First, damages can be used to compensate a person for their loss – these are called compensatory damages. Second, damages can also be used to punish and deter those individuals who have a complete disregard for the consequences of their actions. These damages…
Data on Growth of Injury Fatalities Due to Mobile Phone Use in Previous Years The increasingly ubiquitous nature of cell phones, particularly cell phones with advanced capabilities for example other applications that are diverting or video chat, has had a dangerous effect of America’s roads. Data on growth of injury…
Data on Where Most Automobile Accidents Take Place Sadly, they’re subsequently subjected to the risk of an accident in the hands of a negligent driver, which can result in damage to their care, harm or death. Nevertheless, in order to effectively protect themselves, it is important that passengers and drivers…
Defenses to Negligence Claims in Georgia Suppose a driver turns left at a red light in front of a second driver’s car, causing a car accident. The first driver is clearly negligent. However, let’s assume the accident could have been avoided entirely had the second driver not been speeding. Courts…
Devastating Medical Malpractice Cases Disastrous medical malpractice can result in long-term impairment or even death for its victims. Because of this, people who have suffered expected medical malpractice can get damages for their injuries. By procuring an experienced Atlanta, GA lawyer for his or her family and devastating medical malpractice…
Difference between a Workers Compensation Claim and a Personal Injury Claim In Georgia, the Workers’ Compensation Act is the exclusive remedy for an injury by accident arising out of and in the course of employment. The Workers’ Compensation Act requires that employers subject to the act either carry insurance to…
Georgia Nuisance Claims A nuisance occurs when someone uses their property in a way that interferes with the use and enjoyment of the property of others. A nuisance can be caused by many bothersome activities, including noise and noxious smells, or by more serious activities, such as the contamination of…
How Do You Determine the Value of My Claim? The value of your claim, which lawyers call the settlement value, largely depends on the factors discussed below. It also includes an unexpected factor, which is the plaintiffs’ low winning percentage in personal injury claims, which has dropped from 75 percent…
Dog bites often affect some of the most sensitive and visible areas of the body, including the face, neck, and hands. These injuries not only leave physical scars but can also cause emotional trauma. At Haug Barron Law Group, we understand the life-changing impact a dog bite can have, and…
The Statute of Limitations limits the amount of time that a plaintiff may bring a lawsuit. If the plaintiff fails to bring his or her lawsuit within the time allowed by the Statute of Limitations, then the lawsuit is forever barred and the plaintiff may never recover.
Injuries Caused by a Mentally Impaired Person If a victim is injured by someone who is mentally impaired in Georgia, can that victim recover damages for her personal injuries? The general rule in Georgia is that a psychotic person cannot be held criminally responsible for his crimes because he is…
Intentional Trespass What happens if someone is mistaken with regard to her property line and accidentally builds on her neighbors property? Would she have to pay damages or tear down whatever she had built? Assume for a moment that two neighbors built houses and garages on their adjacent lots. Assume…
James Haug has been awarded the Martindale-Hubbell AV Preeminent® Rating James Haug – Atlanta Personal Injury Lawyer James Haug is a distinguished Atlanta Personal Injury Lawyer who has dedicated his legal career to securing justice for victims of negligence since becoming a Georgia lawyer in 2009. A proud graduate of…
Liability for Accidents to Trespassers In general, a person owes a duty of reasonable care to all foreseeable plaintiffs and a Defendant’s failure to act reasonably may result in tort liability if his unreasonable conduct causes a Plaintiff injury. However, if a plaintiff is injured while on the land of…
In a recent high-profile case, a Missouri jury awarded $462 million to the plaintiffs in a personal injury lawsuit against Wabash National. The case revolved around a fatal crash in 2019 where the rear impact guard of a Wabash truck failed to protect the occupants of another vehicle, leading…
Negligence Per Se Atlanta Georgia If an individual is injured because of the actions of another, she may be able to recover her damages if she can prove that the other person was negligent. As mentioned in previous posts, to prove that another person has acted negligently, you generally must…
Negligent Infliction of Emotional Distress If a person is injured by someone else’s intentional conduct, she may be able to recover in an action for intentional tort. For example, if someone intentionally hits that person, she may have a battery claim. She could also have a battery claim if the…
Obtain Punitive Damages in Court: Guidance from a Georgia Lawyer There are all types of injuries that could happen and, consequently, there are several various levels of compensation which can be sought after suffering from someone else’s actions. Typically, injured people will need to seek damages for medical bills related…
Obtain Punitive Damages in Court: Advice from a Georgia Lawyer There are all kinds of accidents that can occur and, as a result, there are many different levels of compensation that can be sought after suffering from someone else’s actions. In most cases, injured individuals will want to seek damages…
Almost everyone is familiar with the idea that if a person dies as a result of the negligence of another, damages could be recovered in a wrongful death lawsuit. However, perhaps not as common is the idea that one could also recover for prenatal harms. There are three different kinds…
Products Liability Cases in Georgia If a consumer is injured while using a defective product in Georgia, she may be able to recover for her personal injuries. There are several theories under which she may be able to win. Negligence The first theory of recovery to consider when someone is…
Proving Negligence Actions in Georgia: Unreasonable Conduct When a person has been injured in an accident, she may be able to recover damages for her injuries if she can prove that the accident was caused by the negligence of another. In other words, if someone acted unreasonably and caused injury…
Recent Personal Injury Blog Articles $16.2M Verdict: Amazon Liable for Delivery Van Crash Child Injury A Georgia jury awarded $16.2 million to a family in a personal injury lawsuit involving Amazon Logistics and Fly Fella Logistics after a delivery van struck and severely injured a child riding an electric bike.…
Statistics for Main Causes of Car Accidents in Georgia A vehicle accident can be a traumatic event that can result in severe injury and even death for its victims. Because of that, it is important for drivers and passengers alike to understand what the statistics for main causes of car…
Study Finds Young Females at Higher Risk of Car Accident Fatalities The world has been made better through smartphones and other communication devices. It is also important to note that they are also a major cause of road accident. Research has shown that the young females have 26% more chances…
Texting and Driving Car Accident Statistics in Atlanta Georgia Georgia is fast developing and as such, its roads are getting really busier by the day. This is good because it leads to economic growth and more investment opportunities; however, it also leads to more frequent road accidents. Recently, a research…
Main Considerations Regarding Your Back Injury Settlement Back injuries can have a profoundly negative impact on your well-being and overall life, causing severe pain and limiting your ability to do everyday tasks. Some people lose their ability to work, meaning loss of income, while medical expenses rack up from pain…
The Effects of an Undetected Brain Injury An undetected brain injury can result in serious long-term mental and physical problems. Because of this, individuals who have been involved in an accident that may have resulted in brain damage may be able to obtain compensation for their injury, if they take…
The Hidden Dangers of Bow-Riding: Why Safety Comes First on Georgia’s Lakes Pleasure boating is a cherished pastime, especially on the serene lakes of Georgia like Lake Lanier and Lake Allatoona. The sun’s out, the water’s gleaming, and life couldn’t be more picturesque. But as idyllic as this scenario is,…
Our team at the Haug Barron Law Group regularly receives large verdicts and settlements for our clients, but we are not afraid to try cases of moderate to minor damages. An example of this can be seen through our victory in a Magistrate Court trial on July 7, 2016. A…
What Is Negligent Entrustment? If a person is injured by a drunk driver, who is liable? Obviously, the person driving drunk could be sued if he negligently caused an accident that resulted in Plaintiff’s injuries. However, the person or establishment that gave the driver the alcohol in the first place…
Who really is being protected by Georgia Governor Brian Kemp? The proposed “tort reform” legislation in Georgia is being sold as a way to prevent frivolous lawsuits and reduce business costs. However, a closer look reveals that it will do far more harm than good—particularly for survivors of sex trafficking.…
A woman in Gwinnett County was walking on Lawrenceville Suwanee Road early on Christmas morning when she was struck by a car. Since then, she has been on life support at Gwinnett Medical Center. Now, her family wants legal action taken against the driver. The parents of the…
Almost everyone is familiar with the idea that if a person dies as a result of the negligence of another, damages could be recovered in a wrongful death lawsuit. However, perhaps not as common is the idea that one could also recover for prenatal harms. There are three different kinds of prenatal harms recognized at common law. They are wrongful life, wrongful birth and wrongful conception.
The state of Georgia is one of a few states that does not recognize wrongful birth claims. However, a Georgia sperm bank, Xytex Corp. and a local fertility clinic are now at the center of at least two lawsuits. The plaintiffs thought their sperm donor was a neuroscientist, when in fact he turned out to be a convicted felon with mental health issues. Previous litigation was dismissed because Georgia does not allow wrongful birth claims. At issue is how the sperm doner was described on Xytex’s website.
A wrongful birth claim results when a child is born that would not have been in the absence of medical malpractice. In general, these cases fall into three categories: 1) births caused by failed sterilization procedures, 2) the failure to inform parents of a birth defect or abnormality of their unborn child, and 3) failed abortion attempts.
In a wrongful life claim, the child is the plaintiff and the damages are the cost of the child’s support. In a wrongful birth claim, the plaintiff is the parent and the damages are the cost of the child’s support. Both allow recovery for the birth of unhealthy children. These sound like the same thing, especially since the damages are the cost of the child’s support under both theories of recovery, but it does matter which claim is chosen. If the child recovers, it’s her money and would last a lifetime. If the parent recovers, the parent can only recover for support up until age 18. Recovery is limited, however, to the extraordinary expenses of raising the child, not the normal and foreseeable costs of raising a healthy child. Wrongful Conception, where it is allowed, differs from wrongful birth and wrongful life in that it allows for the recovery of unwanted healthy children.
If someone is injured in another’s home, the homeowner could be liable for any damages caused. Common problems include falling on slippery or insecure surfaces, being injured in pools or trampolines, lawnmower accidents, and accidents involving pets or unsafe conditions on the property. You can protect yourself from liability by knowing the situations that could lead to trouble:
1) Failing to maintain your property .
2) Creating a condition on your property that could lead to injury.
3) Having a known hazard on your property and failing to protect others against it with warnings or barriers.
4) Failing to safely maintain or creating a hazard that could attract children.
5) Engaging in actions that could damage to your neighbor’s property.
By acting reasonably, paying attention, and correcting problems, you can protect yourself from liability and make sure your home is safe for both your family and others!
When a person has been injured in an accident, she may be able to recover damages for her injuries if she can prove that the accident was caused by the negligence of another. In other words, if someone acted unreasonably and caused injury as a result, that person may be liable.
Proving negligence isn’t always easy. A plaintiff must show that 1) Defendant owed her a duty of care, 2) Defendant breached that duty of care, 3) the Defendant’s breach caused the plaintiff to be injured, and 4) Plaintiff suffered damages as a result.
In general, we all owe a duty of reasonable care to those around us. In other words, we should drive safely, look where we are going, and just exercise general common sense so that we don’t cause anyone else to be hurt by our actions. It is when we act unreasonably that we can get into trouble! If a plaintiff can prove unreasonable conduct, she can prove that Defendant breached his duty of reasonable care, which is often the hardest thing to prove in a negligence case. After all, reasonable minds may differ as to what is considered reasonable.
Luckily, courts have a method to help determine when Defendant’s conduct amounts to unreasonable conduct. It is called the “Learned Hand Test.” It is called this because it was first used by a judge named Learned Hand. It basically says that if the probability and gravity of harm outweigh the burden of protecting against the harm, the Defendant has acted unreasonably in failing to protect against the harm.
Think of it this way: Defendant has a swimming pool in her back yard. There is no fence around the pool or her yard and her neighborhood has lots of children in it. One of the neighborhood kids falls in the pool and drowns. The question becomes whether Defendant has breached her duty of care owed to that child by not installing a fence. When we apply the learned Hand Test, we first ask about the probability of harm. In this case, the probability of harm is high. There are lots of children in the neighborhood. Children are attracted to swimming pools. The probability of a child falling in and getting injured is very high.
Next, we look at the gravity of harm. If a child falls in a pool, he could drown. Therefore, the gravity of harm is great as the result could be death.
Finally, we look at the burden to protect against the harm and measure that against the probability and gravity of the harm. The cost of putting up a fence is very low compared to the risk of a child falling into the pool and drowning. Therefore, Defendant acted unreasonably by not putting up a fence and breached her duty of care to that child.
Of course, Plaintiff will also have to prove causation, which leaves us a topic for further discussion!
If you or a loved one are injured in an accident, many types of compensation may be available regardless of whether the injury is caused by a car wreck, premises liability incident (such as a “slip and fall“), or medical malpractice. This article will generally discuss a few of the major types of compensation that an accident victim may legally recover.
Obviously, because an injured person will need medical care, medical expenses are the most commonly-claimed form of compensation. A claimant may recover the costs of treatment from a hospital, doctor, ambulance, chiropractor, physical therapist, pharmacy or other similar medical provider. These costs are usually relatively simple to determine because the patient will receive a bill.
There are two important things to remember about compensation for medical costs. First, a claimant may recover not just the cost of medical care already received, but also the cost of future medical care, as long as the claimant can prove it is more likely than not that they will receive that treatment in the future. For example, if a doctor agrees that a claimant will probably need a future surgery for accident-related injuries, the claimant has a good argument that the cost of the surgery should be recovered now. Second, a claimant may recover the amount of his or her medical bills even if they were paid by health insurance or some other source. This rule is based on the idea that a defendant who injures someone else should not be allowed to “take credit” for payments made by someone else.
Lost wages are also recoverable. If an accident has left someone unable to work, he or she can seek compensation for the income they lost as a result. Another type of compensation similar to this is that for “loss of future earnings“ or “diminished earning capacity.” This refers to situations where a claimant’s injuries will prevent him or her from returning to work at their full pre-accident capacity.
Most people have heard of compensation for “pain and suffering.” Unlike medical bills or lost wages, there is no set formula to determine the dollar amount of a person’s pain and suffering, so a jury must determine the amount. This is why this type of compensation is often referred to as “non-economic damages.” Insurance companies often fight hard on this issue. An experienced personal injury attorney knows how best to convince an insurance company that a jury is likely to award a large amount for pain and suffering.
While the types of accident compensation discussed here are the most common, there are other types a claimant may recover. This is why it is in an injured person’s best interest to hire an experienced car accident attorney. If you or a loved one have been injured in an accident, do not try to go it alone. Consult an attorney in your area to ensure that you have the best chance of recovering all the compensation to which you are entitled.
Every personal injury lawsuit must be brought within a limited amount of time of an injury under the Georgia Statute of Limitations. The Statute of Limitations limits the amount of time that a plaintiff may bring a lawsuit. If the plaintiff fails to bring his or her lawsuit within the time allowed by the Statute of Limitations, then the lawsuit is forever barred and the plaintiff may never recover.
The Georgia General Assembly enacted the Statute of Limitations to prevent the unfairness that would occur if defendants were forced to defend lawsuits years after the injury occurred. Over time, documents are lost and memories fade, meaning that the jury has a more difficult time discovering the actual truth. The law favors stability. By requiring that all lawsuits be brought within a certain amount of time, the law ensures that the best quality evidence and testimony is available to discover the truth.
There are certain instances when the court will “toll” or extend the amount of time to bring a lawsuit under the Statute of Limitations. The purpose of this is to protect those who either do not have the mental capability to bring a lawsuit or do not have access to the courts. This means that in certain limited situations, the Statute of Limitations period can be extended for minors for example. If the plaintiff does not qualify under one of these extremely limited circumstances, then a failure to bring suit in the Limitations period will lead to a forever loss of any right to recover.
The time to file a lawsuit under the statute of limitations may also be extended by the amount of time it takes the plaintiff to discover the injury. This is most common in medical malpractice cases where the plaintiff does not realize that some procedure caused an injury until the symptoms of that injury begin to develop. To prevent doctors from having to defend lawsuits in the future, the legislature has adopted a statute of repose – meaning the lawsuit will still be barred even if the injury is not discovered well into the future.
Finally, if the plaintiff’s potential lawsuit is against a government entity (whether local, state or federal), the plaintiff is required to give ante litem notice soon after the injury. Ante litem notice is an official notice to the government that a lawsuit is coming. Failure to send the ante litem notice to the correct government entity containing the appropriate language soon after the injury will forever bar the plaintiff’s right of recovery against the government. A plaintiff with a potential case against any government entity needs to speak with a plaintiff’s lawyer immediately.
Ultimately, the Statute of Limitations serves to prevent defendants from fearing a lawsuit after a period of time in the future. The Statute of Limitations, however, can forever take away a plaintiff’s right to sue if he or she does not act quickly. Call a knowledgeable personal injury lawyer immediately to make sure your rights are protected from the Statute of Limitations deadline.
Devastating Medical Malpractice CasesDisastrous medical malpractice can result in long-term impairment or even death for its victims. Because of this, people who have suffered expected medical malpractice can get damages for their injuries. By procuring an experienced Atlanta, GA lawyer for his or her family and devastating medical malpractice cases the victim will probably manage to start the process of recovering from their injuries.
Medical malpractice occurs when the patient suffers death or harm as a result of neglect of his or her healthcare providers.
— Failing to quickly treat the patient’s health state, resulting in avoidable health issues.
— Failing to correctly diagnose the patient’s health dilemmas.
— Prescribing or administering incorrect medication to the individual.
— Failing to properly supervise nurses and other health care providers during the patient’s recovery.
— Perpetrating egregious mistakes during a surgical procedure.
In all these cases, the patient will most likely endure long-term unwanted side effects from her or his maltreatment. These effects may include the need to tolerate other medical procedures as a way to rectify the mistakes in treatment, long term disability, and sometimes, death. Oftentimes, the worst symptoms might not show until sometime after the treatment, making it crucial the victim consult with an attorney skilled in developing a convincing malpractice case.
When an individual suffers from devastating medical malpractice, she or he is able to get compensation from the court. In general, malpractice compensation is divided into actual damages and punitive damages.
This group includes a wide range of components, as well as the casualty may receive reimbursement for the following types of damage:
— The prices of any present or future clinical treatment the victim must receive, including long-term rehabilitation or care.
— Compensation for lost wages and work opportunities.
— In Case the victim is crippled or killed, his or her family can receive damages for any lost companionship and support from their loved one.
Because estimating the correct amount of real damages to maintain might be a very complex issue, it’s important to really have a lawyer present who can effectively present the court with the victim’s case.
Punitive damages are inflicted in cases of egregious negligence or actual malice. These damages can be visited on more than one individual or group. As an example, a hospital that failed to remove an alcoholic employee would be responsible for punitive damages as a result of its failure. Most of the time, the defendant present wills convince to settle out of court, getting rid of the need for a long and stressful trial.
Victims of catastrophic medical malpractice in Atlanta can seek compensation for long-term injuries or death. Haug Barron Law Group can aid in recovering actual and punitive damages. Contact us for expert legal assistance.
Obtain Punitive Damages in Court: Guidance from a Georgia Lawyer
There are all types of injuries that could happen and, consequently, there are several various levels of compensation which can be sought after suffering from someone else’s actions. Typically, injured people will need to seek damages for medical bills related to an injury, reimbursement for lost wages from work and compensation for suffering and pain. What many wounded victims do not realize is that they may additionally be capable to include punitive damages in a personal injury suit.
What Are Punitive Damages?
Punitive damages are intended to serve as a deterrent and a punishment. Punitive damages are frequently sought in lawsuits that involve harms caused by businesses or large organizations as a way to send the message that standards or the practices that resulted in the injuries involved are not adequate and should be changed. A business that does not supply regular safety inspections of its own facilities could be involved by an example of a scenario in which punitive damages might be sought. If an employee or visitor of such facilities is injured due to a collapsed roof, the injured person may contain punitive damages in his or her suit. This really is achieved to punish the firm for its neglect and to send a message to the business and its particular business that neglecting to provide regular, appropriate security inspections WOn’t be tolerated. The hope then is that standards will probably be raised across the board as a way to prevent potential injuries to others later on.
Should You Seek Punitive Damages?
If you and your attorney deem them necessary, punitive damages should be sought. Also, punitive damages should not be taken lightly and not punitive damages given will be seen by all cases. There are various reasons such damages wouldn’t be awarded, including claims that are frivolous, and seeking punitive damages may end up damaging your case and your credibility if they’re unwarranted. It is of crucial significance to talk to a personal injury attorney before seeking such damages to be able to maximize your potential for success and settlement.
Receive Answers from an Expert
In the Atlanta area and beyond, people turn to James R. Haug, of the Haug Law Group, for seasoned guidance when seeking punitive damages after an injury.
The Most Common Sources of Wrongful Deaths
