Understanding Georgia’s Comparative Fault Standard in Personal Injury Cases
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...
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Car Accidents and Health Insurance Coverage
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...
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Workers’ Compensation Claims in Georgia
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.
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Georgia Car Accident FAQ
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...
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Georgia Workers’ Compensation – Willful Misconduct
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...
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Georgia’s “Dog Bite Statute” O.C.G.A. § 51-2-7
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...
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Georgia Workers’ Compensation – Terminated While Entitled to Workers’ Compensation Income Benefits
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...
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Vicarious Liability for Car Accidents in Georgia
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...
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Georgia Workers’ Compensation – Notice of Injury
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).
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Car Accident Insurance Basics
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...
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