Atlanta Injury Law Blog

The most quoted and least meaningful phrase we hear about automobile insurance is, “I’ve got full coverage.” People who say that generally turn out to have insurance agents who failed to inform them of what they need, and their coverage is generally the minimum amount of insurance required by state law. This post discusses the…

The contingent fee system is the “key to the courtroom” for thousands of Americans. It allows people who suffered an injury to bring a suit without having to have the money up front to pay their attorney. If the plaintiff receives no compensation, the attorney receives nothing – not even reimbursement for the costs of…

In the current issue of Business Week magazine there is an article on “How to Fix the Tort System,” which urges pragmatic and limited reforms that would attack abuses while preserving benefits of the system. The approach suggested by Business Week would curb excesses in class actions and frivolous claims, punish those on both sides…

In Prime Retail Dev. Inc. v. Marbury Eng’g Co., Case # A04A1275, decided by the Georgia Court of Appeals on 11/19/04, the court held that evidence that the plaintiff chose to close on commercial real estate, which used to be a service station, without reviewing the Phase 1 environmental audit conducted by the defendant supported…

Sometimes a tractor trailer driver really is an innocent Good Samaritan. In Reid v. Midwest Transp., Case # A04A1821, decided by the Georgia Court of Appeals on 11/19/04, a tractor trailer driver had pulled entirely off the roadway in an emergency lane on I-20, activated flashing lights, and ran into a ravine to render aid…

The United States District Court for the Northern District of Georgia is moving to mandatory electronic filing. Lawyers practicing in that court had to apply for logins and passwords by 1/1/05, and electronic filing will be require as of 7/15/05. Lawyers practicing in federal court — and their key support personnel — must become familiar…

Senate Bill 3 includes the following provision in OCGA 51-13-1(f): “In any medical malpractice action, if an award of future damages equaling or exceeding $350,000.00 is made against any party in the action, the trial court shall, upon the request of any party, issue an order providing that such damages be paid by periodic payments.…

Senate Bill 3 caps noneconomic damages in medical malpractice cases at $350,000 against any defendant. If there are two medical facilities and at least one additional health care provider held liable, then the cumulative cap may reach a maximum of $1,050,000. The cap applies to “damages for physical and emotional pain, discomfort, anxiety, hardship, distress,…

Senate Bill 3 includes a provision that health care institutions are not liable for negligence of independent contractors when a sign to that effect is posted in the lobby, etc. On the surface this appears to be merely a codification of existing Georgia law. It has long been the law that hospitals are not responsible…

SB 3 provides, with regard to causes of action arising after 2/16/05, that, “In an action involving a health care liability claim arising out of the provision of emergency medical care in a hospital emergency department or obstetrical unit or in a surgical suite immediately following the evaluation or treatment of a patient in a…