personal injury

UNINSURED MOTORIST COVERAGE: BE SURE YOU HAVE AN EYEWITNESS

The Georgia Court of Appeals recently expressed its opinion on an uninsured motorist claim in a case where no eyewitness was present, American Alternative Insurance Company v. Bennett, 334 Ga. App. 713, 780 S.E.2d 686 (2015).  Once again, the Court of Appeals ignored the trial court and ruled in favor of the insurance company, at…

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Improper Exclusion of Evidence Allows Injured Plaintiff to Get New Trial

An injured plaintiff got a break from the Georgia Court of Appeals in Robles v. Yugueros, 779 S.E.2d 139 (Ga. App. 2015).  The trial court had ruled that certain very important evidence favorable to Plaintiff could not be presented at trial.  The jury returned its verdict against Plaintiff and in favor of Defendants. The Court…

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GA CT of Appeals Excludes Injured Plaintiffs’ Expert Witness

Another decision by the Georgia Court of Appeals prevents injured plaintiffs from proceeding to trial.  This case, Moore v. Cottrell, Inc., No. A15A0802 (Ga. App., November 20, 2015), sends a message to all Plaintiffs who sue for personal injuries in Georgia.  The message is that the Georgia courts will try to prevent a Plaintiff from…

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BEWARE OF STATE: DON’T LET YOUR PERSONAL INJURY CLAIM AGAINST THE STATE BE BARRED

Claims against the state for personal injuries are more difficult to pursue than claims against a private individual or business.  Georgia has created a maze of procedures and barriers that apply only to claims against the government, but not to claims against any other person or entity. This is based on a legal doctrine called…

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