Essential Terms of an Offer and the Insurance Company’s Obligation to Comply With Those Terms

When a victim’s lawyer makes an offer to an insurance company, the victim’s lawyer almost always includes terms as part of the offer.  It is important for the insurance company to comply with the terms or else the lawyer can argue that the insurance company failed to abide by all of the terms and thereby… read more

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How to Recover Attorney Fees in a Personal Injury Lawsuit Under OCGA Section 13-6-11

A Georgia court was asked to rule on litigation expenses in a personal injury action. The expenses of litigation typically aren’t allowed as part of the damages awarded to a plaintiff, but if a jury finds that the defendant acted in bad faith, it’s permitted. The jury should determine from the evidence the expense if… read more

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Statutory-employment theory, and tractor accidents

The question of who was responsible when a commercial truck was involved in an accident was recently heard before the Georgia Court of Appeals. After picking up a load of green peanuts from a farm to take to Golden Peanut’s drying facility in Camilla, a tractor-trailer made a left turn to head northbound onto a… read more

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As a Parent, Are You Liable for Your Child’s Accident Just Because He’s Your Child?

As a Parent, Are You Liable for Your Son’s Accident Just Because He’s Your Kid? Brandon and Linda Sowell’s 10-year-old son, Pete, had their permission to ride his big brother’s bike. Pete said he’d been riding the bike on the sidewalk on his way home when he tried to cross the road to see his… read more

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If a Court Says a Plaintiff Adequately Alleged a Claim for Negligent Hiring and Retention Against a Trucking Company, Why was Her Case Dismissed?

 Negligent Hiring and Retention Against a Truck Company Peter Gauthier was killed after his vehicle collided with a tractor-trailer. Total Quality is a shipment broker who used Hard to Stop (a common carrier) and Ronald Shingles (one of Hard to Stop’s employees) to pick up a load of cargo from a poultry plant in Claxton,… read more

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