Blog | The Delashmit Firm

Understanding Georgia’s Comparative Fault Standard in Personal Injury Cases

Posted on November 8, 2024

In Georgia, the concept of "comparative fault" is central to determining the amount of compensation an injured party can receive in a personal injury case. Comparative fault, or comparative negligence, is a legal principle used to allocate blame among parties involved in an accident. Under Georgia's comparative fault rule, a person who is...

Car Accidents and Health Insurance Coverage

Posted on October 1, 2024

Health insurance typically covers medical bills you incur due to a car accident in Georgia, but there are some important things to understand about how this works: Health Insurance Coverage Your health insurance will generally pay for your medical treatment after a car accident according...

Workers’ Compensation Claims in Georgia

Posted on February 3, 2024

There is always a risk of injury at work. Of course, some positions are more prone to a workplace accident than others, such as a job where one operates heavy machinery. Georgia workers who are injured on the job may be entitled to certain benefits under the workers' compensation laws in Georgia.

Georgia Car Accident FAQ

Posted on January 25, 2024

At The Delashmit Firm, we get questions all the time regarding car accidents, liability, and filing lawsuits. Personal injury attorney Hunter Delashmit handles injury claims/cases arising from car accidents. Below, see answers to some of the most common questions. To get more specific information about your personal injury claim arising out of...

Georgia Workers’ Compensation – Willful Misconduct

Posted on July 23, 2023

As a general rule, the Georgia Workers' Compensation Act bars recovery of workers' compensation benefits where the employee's injury was caused by the employee's own willful misconduct. O.C.G.A. § 34-9-17. The employer has the burden of proving that the employee engaged in such willful misconduct by a preponderance of the evidence. Neither...

Georgia’s “Dog Bite Statute” O.C.G.A. § 51-2-7

Posted on July 15, 2023

Under Georgia law, a person who owns/keeps a vicious or dangerous animal who, by careless management or by allowing the animal to go at liberty, causes injury to another person who does not provoke the injury by his own act may be liable in damages to the person so injured. Of note, Georgia law does...

Georgia Workers’ Compensation – Terminated While Entitled to Workers’ Compensation Income Benefits

Posted on July 8, 2023

What happens if your employer terminates your employment while you are entitled to receive workers' compensation income benefits? If an injured worker is either 1) unable to work due to the work-related injury per the authorized treating physician's orders; or 2) only able to work in a light duty...

Vicarious Liability for Car Accidents in Georgia

Posted on July 1, 2023

Did you know you could be liable for personal injuries caused by an accident even though you were not personally operating one of the motor vehicles involved in the accident? Negligent Entrustment Under Georgia law, an individual or entity is liable for negligent entrustment when that individual...

Georgia Workers’ Compensation – Notice of Injury

Posted on June 23, 2023

The burden is on the injured worker to prove that the injured worker provided timely, proper, and sufficient notice, either personally or through a representative, to the employer in bringing a workers' compensation claim in Georgia. Schwartz v. Greenbaum, 138 Ga. App. 695 (1976); Mallory v. American Cas. Co., 116 Ga. App. 477 (1967).

Car Accident Insurance Basics

Posted on June 17, 2023

When one is injured in a car accident, various types of insurance policies may be available to help the injured party recover: Liability Insurance Under O.C.G.A. § 33-34-4, all owners/operators of a motor vehicle are required to maintain this type of policy. Liability insurance is...