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Atlanta Georgia Legal Blog

Presentment of Personal Injury Claim to "Outside" Attorney Sufficient Ante Litem Notice

bus-300x204.jpgUnder Georgia Code § 36-11-1, a claim against a county government must be presented within 12 months after it accrues or becomes payable. Otherwise, the claim is barred, and the plaintiff has no further recourse.

une 8, 2017 Causation and Notice - Two Issues That Can Complicate a Georgia Workers' Compensation Claim

Calendar-300x273.jpgIn a Georgia workers' compensation claim, the plaintiff has the burden of proving that his or her injury is compensable. This requires that the employee show, by a preponderance of the evidence, each and every one of the essential elements of the case: that he or she suffered an accidental injury, that the injury arose out of and in the course of employment with the defendant employer, and that the disability for which the employee seeks compensation resulted from the injury. In addition, the employee must prove that he or she gave timely notice of the work-related injury.

Product Liability Claims Can Yield Additional Compensation in Georgia Accident Cases

bucket-truck-277x300.jpgWhen a product defect or failure causes a personal injury or wrongful death, the accident victim (or his or her family, in the event of a fatality) may be able to recover money damages via a product liability lawsuit. In Georgia, the general rule is that a product liability claim must be filed within two years of the date of the accident or within 10 years of the date that the product was first sold. (Of course, it is always best to talk to an experienced personal injury attorney about your particular situation, since different or additional deadlines may apply.)

What All Georgians Need to Know About Recent Court Decision Affecting Uninsured Motorist Coverage

examining-a-contract-280x300.jpgHow much do you know about your automobile accident insurance coverage? Hint: this is not a "yes" or "no" question. It's not about whether or not you have insurance, but instead about the type of coverage and the amount of money available to you if you're seriously injured in a car crash.

When a Georgia Employer Doesn't Have Workers' Compensation Insurance

photo_21433_20120211-768x510.jpgUnder Georgia law, most employers are required to purchase workers' compensation insurance if they have at least three employees. Generally, this is true regardless of whether those three workers are considered full-time, part-time, or seasonal.

There are only a few exceptions to this general requirement. Farm laborers, domestic servants, and federal government employees are among those who are not required to be covered by workers' compensation insurance. Unfortunately, not everyone follows the law.

Employer Seeks to Prove "Change in Condition" to Suspend Employee's Lost Wage Benefits

lungs-300x206.jpgUnder Georgia's workers' compensation laws, an employee who is out of work for at least seven days due to an on-the-job injury is entitled to weekly income benefits. These benefits are paid at the rate of 2/3 of the employee's average weekly wage (subject to a state minimum and maximum).

Georgia Court of Appeals Rules For Property Owner In Deck Collapse Cases

deck-200x300.jpgIn a court of law, some issues are within the province of the jury, and some are to be determined by the judge. Generally speaking, the jury decides issues of fact, and judges decide issues of law. Sometimes, however, a judge acts as the trier-of-fact in the absence of a jury (which is called a "bench trial"). A judge may also act as a "13th juror" with the authority to decide that "reasonable jurors would have reached a contrary result" and take appropriate action to correct the error.

Georgia Court of Appeals Disallows Re-Filed Wrongful Death Lawsuit

dark-highway-300x200.jpgRecognizing that there are instances in which the plaintiff in a lawsuit may have a reason to voluntarily dismiss an action prior to trial but wish to refile the claim at some later time, Georgia law provides a procedure for what is referred to by some as "a nonsuit."

End of Work-Related Aggravation of Pre-Existing Injury Can Lead to Suspension of Workers' Compensation Benefits

calendar-app-768x510.jpgWhen a worker is injured on the job and becomes temporarily unable to perform his or her usual work duties, he or she may be entitled to either temporary total disability benefits (if the worker is totally unable to work) or temporary partial disability benefits (if the worker returns to work but earns less than before the injury).

State Board of Workers' Compensation Scrutinizes the Credibility of Injured Workers

tractor-trailer-300x252.jpgIf you have been hurt in a work-related accident, you should be very careful about what you share on social media, as well as the activities in which you engage when in public - and by "in public," we mean any occasion in which you could be visible to a surveillance company hired by your employer to observe your activities and physical condition.

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