Learning Center

What is the Georgia Helmet Law For Motorcyclists? As a motorcycle accident lawyer in Atlanta, I can tell you that Georgia law requires all operators of motorcycles and those riding on a motorcycle to wear a regulation compliant helmet at all times while the motorcycle is moving. Under the law, a compliant helmet must be what in rider terms is frequently referred to as a “DOT helmet.” In other words the helmet must met the Federal safety standard to ensure adequate protection. Unfortunately, many of the popular, cool looking helmets are not DOT helmets. Before purchasing a helmet make sure it has a sticker or other packaging indicating that it meets the Federal safety standards. If it has a sticker, you are going to want to keep that sticker on the helmet. If it does not have a sticker, keep some packaging material that identifies your helmet and reflects that it meets the requirements. A violation of Georgia’s helmet law is a misdemeanor which carries with it a fine of...

As a biker, you want to stay as safe as possible on the road. Getting the right helmet and taking care of it properly could mean the difference between life and death. Our Atlanta motorcycle accident lawyers at Spaulding Injury Law are committed to helping motorcyclists protect themselves while enjoying the freedom of riding on the open road. How to Choose the Safest Motorcycle Helmet First, choose the type of helmet you prefer. There are three main types: full-face, ¾, or ½ helmet. Only a full-face helmet will offer you protection for your chin and jaw. Make sure the helmet meets the safety requirements in your state. The Georgia Department of Public Safety requires that motorcycle helmets comply with Federal Motor Vehicle Safety Standard 218, which is the DOT standard. Look for the DOT sticker on the back of the helmet. How to Size and Fit a Motorcycle Helmet Using a soft measuring tape, measure around the circumference of your head. Go across the forehead jus...

If you live in Atlanta, Georgia, you are no stranger to dangerous highways. Although the Georgia Department of Transportation (GDOT) is doing their best to make these roads safer, it will take time. The following highways are some of the most hazardous in the state of Georgia, and we urge you to use caution when using each one. GDOT is taking steps to improve driving conditions and lower accident and fatality rates, but every driver is responsible for taking safety precautions and avoiding accidents. In the event of an accident, an Atlanta truck accident lawyer can help. Interstate 85 (I-85) Spanning 180 miles and running northeast to southeast, I-85 in Georgia is a busy highway. Fatal crashes average about one every two weeks. GDOT is working to make I-85 safer by widening lanes and adding barriers to relieve the traffic flow along the congested highway. Interstate 75 (I-75) I-75 stretches approximately 300 miles, and has some of the heaviest traffic is the state of Georgia....

Our motorcycle accident lawyers know that it’s tough to resist the thrill of riding a motorcycle. They are so much fun to ride! However, you are considerably more at risk if you do. For most motorcycle riders, the risk is worth it, but it only takes one accident to change your life permanently. So, check out these tips from our motorcycle accident attorneys that will help you put safety first as you ride. Don’t Ride in Bad Weather Conditions Bad weather can take all the fun out of a motorcycle ride. In addition to that, hazardous road conditions can be dangerous, even for the most experienced riders. Motorcycle riders are most at risk right after it starts to rain. Be cautious with your braking, acceleration, and turns. A slippery road can make it difficult to break or avoid debris on the road. Avoid riding your motorcycle in bad weather even if that means taking another form of transportation or staying indoors until the rain stops. Drive Defensively Driving defensi...

Accidents lead to numerous different types of injuries including herniated or ruptured spinal discs. Spinal discs are made of supple pads that fill in the gap between the bones in the spinal column or vertebrae. A slipped disc happens when the inner material of the spinal disc swells, causing pressure on the outer membrane and the spinal cord. If you have sustained this type of injury, contact our motorcycle accident attorneys today. What is a Slipped Disc? Various medical terms refer to the condition of a herniated or slipped disc[1], such as: rupture of the intervertebral disc disc protrusion posterior protrusions of the intervertebral disc displaced intervertebral cartilage herniation of the nucleus pulposus herniated intervertebral disc extrusion of intervertebral disc dislocation of the intervertebral disc inter vertebral disc injury rupture of the nucleus pulposus prolapsed disc protruded intervertebral disc enchondrosis of the int...

Alright, in today's video I want to talk about the number one safety feature that you can either add to your motorcycle for a couple of hundred dollars or you ought to look to get as a standard feature on your next bike purchase. This safety feature was found by the IIHS to reduce fatal accidents by 37%. It is the number one safety feature, never even thought about it in my mind until I read this article discussing it. It's something that we take it such advantage of and don’t even think about in our regular everyday vehicles and quite frankly, it's something that's not offered very often on motorcycles.  Back in the day it wasn’t offered at all, now, it's starting to be offered more and more but we still see it mainly on the higher end bikes. But again, it's something so cheap to just add to your current bike or if you're out there in the market for a new one, see if they have it as a standard feature or if they'll add it for you cheaply as part of your purchase. And that...

A motorcycle crash is a chaotic event, and it can be difficult to know what to do afterward. In fact, the days and weeks following an accident can be filled with uncertainty and concerns, but it is important to remember that you are not alone. You always have the guidance of experienced Lawrenceville motorcycle accident lawyers when you need it.  One important topic we regularly address with our clients is the importance of receiving the proper medical treatment for their injuries. In the event you sustain injuries in a motorcycle accident, keep the following in mind about your own medical care.  Common Motorcycle Injuries that Need Treatment Motorcycle accidents are capable of causing extremely serious injuries, many of which require immediate medical attention. Importantly, after an accident, it is always a better idea to err on the side of caution and get checked out. Not only is it important for your physical well-being, but the insurance company is going to want to see t...

Our motorcycle accident lawyers know that riding a motorcycle always comes with inherent dangers. Any type of collision can cause serious injuries to a motorcyclist since there is no metal frame, seat belts, or airbags to protect them from the impact like in a passenger vehicle. Rear-end collisions1 can be especially dangerous for individuals riding motorcycles. A rear-end accident happens when one vehicle runs into the back of another. This type of accident is considered to be relatively minor when it involves two cars or SUVs. However, for motorcyclists, this is one of the most severe types of collisions. If a car runs into the back of a motorcycle, it often lifts the back wheel of the bike off of the ground and flips the motorcyclist and the bike forward, directly onto the pavement. In high-speed collisions, this can even result in the car then running over the motorcyclist if it cannot stop in time. On the other hand, if a motorcyclist runs into the back of a car that sud...

More than 5,000 motorcyclists suffered fatal injuries in crashes across the United States in 2019, and thousands more sustained non-fatal injuries that significantly disrupted their lives. If another party was responsible for causing the crash, the injured motorcyclist has the right to seek compensation for their losses. Since the losses from common motorcycle injuries can often be extensive, it is important to identify all possible sources of liability, and you should have the help of a trusted injury law firm.  In many cases, it can be difficult to know which insurance claims or lawsuits to file without the help of an attorney who has experience handling motorcycle injury claims. Let our Atlanta motorcycle accident lawyers evaluate your rights and options as soon as possible.  Other Drivers One of the top reasons for motorcycle accidents is negligent conduct by other drivers. Drivers can engage in many types of negligence that can injure motorcyclists, including: Distr...

In this video, Georgia personal injury attorney Theodore Spaulding explains the one thing you should never do after a motorcycle accident. In this video, I'm gonna tell you the one thing you should never do after a motorcycle accident. Hi, I'm Ted Spaulding. I'm an Atlanta personal injury trial attorney and the founder here at Spaulding Injury Law. So, what's the one thing you should never do after a motorcycle accident? In my opinion, it's trusting the insurance company to have your best interest at heart, even if it's your own insurance company. Now, they may handle the property damage claim very well for you. They normally do because they don't have any other choice. But when it comes to the personal injury side, your injuries, your lost wages, your medical bills, your pain and suffering, they are not going to do you any favors. So, don't assume they are, and therefore give them more information than they deserve during your claim. They're only out to use it against you. Thing...

Construction is an extremely dangerous profession. Workers regularly suffer injuries in a variety of accidents, including electrocutions, falls, and much more. Workers who work in road construction have even more risks to deal with every day. In turn, the workers are also at risk of causing injury to others who are passing by the construction site in their cars. For this reason, road construction accidents can result in a large number of accidents, and the United States Department of Transportation Federal Highway Administration reported1 that 87,606 car crashes happened in road work zones in 2010 alone. Accidents Caused by Motorists Road construction zones generally have strict safety rules for passing motorists, including lowered speed limits, yield signs, redirected traffic, and more. Drivers must take reasonable care to follow all signs and signals and drive through the work zone safely. If drivers fail to take appropriate care, they may face serious consequences, as Georgi...

In this video, attorney Ted Spaulding lists the four most common ways that the insurance company tries to avoid paying proper amount after a motorcycle accident in Georgia. In this video, I'm going to give you the four common ways that the insurance company tries to avoid paying you a proper amount after a motorcycle accident. Hi, I'm Ted Spaulding. I'm an Atlanta personal injury trial attorney, and I'm the founder here at Spaulding Injury Law. So what are those four ways? Number one, by trying to get you to do a recorded statement. I've heard all kinds of lies that adjusters give to people to try to get them to do a recorded statement. Don't do it, not with the at-fault party's insurance company, certainly.   Number two, they try to get you to settle early, all right? They throw $1000, $2000 at you within 24 hours of the wreck. Why? They're trying to do this before you potentially find out you're severely injured and your claim is worth a lot more than that....

In this video, personal injury attorney Ted Spaulding details 5 things you need to know if involved in a Georgia motorcycle accident. In this video, I'm going to give you five quick things that you must know if you've been in a motorcycle wreck in Georgia.   Hi, I'm Ted Spaulding. I'm an Atlanta personal injury trial lawyer. I'm the founder here at Spaulding Injury Law.   So, let me give you these five tips. Number one, do not give a recorded statement. Only person you have to give a recorded statement to is your own insurance company, but do not give it to the at-fault insurance adjuster. They're going to try to use it against you.   Number two, always follow your doctor's advice. They tell you not to lift certain things over a certain poundage, don't do it. They tell you not to ride your motorcycle, don't do it. Follow your doctor's advice.   Number three, collect all insurance. In motorcycle cases, there's multiple insurance policies...

In this video, attorney Ted Spaulding answers whether or not a helmet is required when driving a motorcycle in Georgia. Are motorcycle helmets required in the State of Georgia? Keep watching this video to learn the answer to this all-important question. Hi, I'm Ted Spaulding. I'm an Atlanta personal injury trial lawyer. And I'm the founder here at Spaulding Injury Law. So this is an easy one. Yes, Georgia law requires you to wear a helmet. If you're a passenger on a motorcycle, you're required to wear a helmet. But it goes beyond that. Georgia law says you must follow federal law. So, we are talking federal motorcycle helmet law, which is DOT-compliant helmets. So, it is not enough just to be wearing a helmet, you must wear a DOT-compliant helmet. So, you need to make sure you're wearing one. Be mindful of those novelty ones out there that have the little DOT sticker that are not DOT-compliant helmets. That will come out if you're in a wreck and it's not the proper helmet. So, ye...

In this video, attorney Ted Spaulding answers whether or not a windshield is required when driving a motorcycle in the state of Georgia.  Is it against the law to not have a windshield on your motorcycle in the State of Georgia? Keep watching this video to find out the answer to this all-important question to stay legal on the roads in Georgia. Hi. Ted Spaulding, founder, trial lawyer here at Spaulding Injury Law. So the code section you're wanting to look at is 46-315, subsection B. The answer to the question is no but there is a big exception to that no. If you don't have a windshield, you must wear eye protection at all times. So goggles, appropriate sunglasses, got to have that at all times. You can be pulled over and ticketed if you don't have a windshield and you're not also wearing your eye protection. So that's the nuance there. That was a question from my motorcycle Facebook group. Thanks for the question. So stay legal out there, guys. Windshield or eye protection, one...

In this video, attorney Ted Spaulding answers the question of how important it is to have a motorcycle accident attorney that also rides a bike.  Do you need a motorcycle injury attorney that also rides? Hi. I'm Ted Spaulding. I'm an Atlanta personal injury trial lawyer and I'm the founder here at Spaulding Injury Law. So this is a question I get a good bit from prospective clients that call me and it's an interesting one, it's really born out of in my experience marketing, right? So you get these lawyers that are sitting on a motorcycle, taking photographs for publications or their website or whatever touting that they're also a rider, as if that gives you some sort of an advantage over the next personal injury lawyer. And quite frankly the answer is no it doesn't. It may make you feel more comfortable as a motorcycle rider to also have a lawyer who rides and that's perfectly fine, if that makes you feel more comfortable with that lawyer then, by all means, go with that lawyer....

In this video, attorney Ted Spaulding explains the laws around motorcycle helmets in Georgia and how your claim could be affected. Georgia's Motorcycle Helmet Law and How It Affects Your Claim. Hi. I'm Ted Spaulding. I'm an Atlanta personal injury trial lawyer and I'm the founder here at Spaulding Injury Law. So this video answers the question well what is Georgia's helmet law and how does it affect your personal injury claim? So this one is very interesting, why? Because we have laws on the books in other areas that say you can't use this kind of evidence against a personal injury victim but yet we don't have that coverage for motorcycle riders. What do I mean? For instance, it's the law that you have to wear a seat belt but if you're not wearing a seat belt and you're injured by someone else even if wearing the seat belt could be proven to have lessened your injuries, you cannot use that as evidence in court. So it never comes to the jury's attention that you are not wearing yo...

Our Lawrenceville motorcycle accident law firm knows that accidents involving any type of motor vehicle have the potential to cause severe injuries. However, some forms of transportation are riskier than others. People who ride motorcycles are often at a high risk of suffering particularly serious injuries in the event of a collision. This is because a motorcyclist does not have the large metal shell of a vehicle around him to protect him from other cars or objects with which he may collide. Additionally, because there are not safety restraints, motorcyclists are often thrown from their bikes. Hitting the road or even skidding across the road can not only cause injuries at the points of impact, but also place them in danger of being hit by oncoming traffic or other motor vehicles. As you can imagine, motorcyclists often sustain serious injuries in accidents and 4,957 motorcyclists died1 from their injuries in 2012 alone. If you have been injured in a motorcycle crash, contact a ...

In this video, attorney Theodore Spaulding explains what steps are needed to obtain the police report after a motor vehicle accident in Georgia.  How to obtain the police report after a car accident? Hi, I'm, Ted Spaulding. I'm an Atlanta personal injury trial lawyer, I'm the founder here at Spaulding Injury Law. So, this is always the first step for us. When we take on a new case, we need to see the police report. So, we ask our clients, do you already have the police report? Oftentimes they do. If they don't, how do you get it? Well, there's several ways to get it, but there's certainly easier ways to do it than others. One, if it's a local police department or sheriff's office very close to you, you can go down there and pick it up. Nowaday, it's taking a good four to seven days for these to be ready. So, you would want to call in advance, make sure it's ready, then go down there, pick it up. Oftentimes when you do it that way, it's free. A lot of jurisdictions, you call thei...

In this video, attorney Ted Spaulding reviews one of his top recommendations for safe motorcycle riding.  Hi, Ted Spaulding here. Listen, the other day I had the honor and privilege of talking to a real motorcycle safety expert. I like to say I play one on TV, right? I try to do my best to give safety tips that I hear about, know about, have come across in my legal career helping motorcycle injury victims, but I don't know everything. And certainly most of us out there riding motorcycles don't know everything. And that was the point of what he said, what I captured out of everything that we talked about, was this overarching theme that he had, which is, don't rest on your laurels. Don't get cocky, don't think you know everything, you've seen everything, you know how to handle every situation. Why? His point was, look, at best, you're gonna come up on new situations or novel situations once or twice, or maybe three times a year, right? And that's not a lot of practice. That's ...

Thousands of children in the Atlanta area walk at least part of the way to school every day. While walking to school can be a good source of exercise and allow children a little additional time to socialize, it also exposes them to the risk of being involved in a pedestrian accident. Data provided by the National Highway Traffic Safety Administration1 (NHTSA) indicates that of the 69,000 pedestrians who were injured in 2011, 11,000 of them were children aged 14 and younger. Children are at particular risk for injury in a pedestrian accident, due to their smaller size, unfamiliarity with traffic laws, and inability to judge speeds and distances as well as adults. Fortunately, there are certain steps that parents can take in order to reduce the risk that their child will be hurt in a traffic accident. These include the following: Choose the safest possible route and practice walking it with your child – Choosing the safest possible route involves using streets that are no...

Trying to figure out who was at fault for an accident sometimes can be cut and dry. Other times, there are a lot of different complexities that can impact how an investigation goes. It’s not always so easy to figure out who is at fault, especially of both sides refuse to relent. No one wants to be the one to have an accident on their insurance or their driving record. When that happens, the rates can go up significantly. They also might be on the hook for damages. If you are unsure who may be liable in a case like this, reach out to your Atlanta personal injury attorney. When there’s two drivers involved in both of them have insurance, is typically the best scenario. Damages are covered and everyone can go about their day. Insurance companies might settle and say no one is at fault. That’s because accidents happen and they’re a regular part of driving. There’s no need to usher in investigations, court cases, and other types of drama over a simple car accident. Yet, ...

The start of the school month is a hectic time for many households in Atlanta. Parents will need to juggle work and other obligations with a demanding school schedule, homework, extracurricular activities, and more. It can be easy to forget to go over important safety tips and accident risks with your child. To help keep children safe, the National Safety Council recognizes Back to School Safety Month in August. Getting to School No matter how your child gets to school, there are risks of transportation accidents. This includes the following: Riding the bus - Ensure your child knows how to safely wait at the bus stop, as well as board and exit the bus, which includes ensuring the bus driver can see them at all times. Once they are on the bus, they should wear seat belts (which should be available) and remain seated at all times. Riding a bike or walking - Teach your child how to cross streets at crosswalks and follow traffic signals and crossing guards. Make sure they alwa...

If someone else’s negligence leaves you injured in a car accident, a slip and fall accident, or any other kind of accident, accepting a settlement offer from the insurance company involved before you’ve assessed your total damages and consulted with an experienced personal injury attorney is never a good idea. If you’ve been injured as a result of someone else’s negligence, you face a difficult path toward recovery, and obtaining the compensation to which you are entitled is likely critical to your success in this endeavor. If someone else has caused you to be injured, you’re going to be dealing with the insurance company involved, but accepting a settlement offer before you’ve consulted with an experienced personal injury attorney on the matter is not in the best interest of your case – or your recovery. The Insurance Company While it’s true that the insurance company is responsible for covering your injuries and is paid for doing so, this does not mean that co...

In nearly every personal injury case, injury attorneys must deal with the resolution of health care related liens incurred by the client before the client can receive full disbursement of the settlement or verdict. While there are many different types of liens that can be created depending on the case, the lien that is the most difficult to handle for personal injury attorneys and clients alike is the ERISA health insurance lien. This guide will walk through several steps we take in handling ERISA liens in personal injury cases. These liens have become much more difficult to resolve since last years US Supreme Court ruling in McCutchen. ERISA plans and third-party administrators hired by plans to collect on ERISA liens are using the McCutchen ruling to suggest to lawyers that ERISA plans now cannot lose and must always be reimbursed for every dollar of the ERISA lien. However, the McCutchen ruling was nothing more than a half victory for ERISA plans and in certain jurisdic...

Accidental amputations are never minor accidents. Losing a digit or part of a limb is almost always life changing, and the healing and recuperation can require many painful months. Even in cases where the amputee is able to return to work, there is no guarantee that he or she will be as productive in future endeavors as they were before the workplace accident. No amount of money can replace the finger, limb, or flesh that you lose in a workplace accident. However, even though amputation accidents are universally acknowledged as severe, painful, and financially costly, a vast number are caused by preventable lapses in equipment maintenance. In Georgia, a statistically significant number of amputations and severe injuries are caused by faulty or missing machine guarding on work equipment. In Atlanta, personal injury attorneys typically begin a workplace injury case by examining the equipment for appropriate guarding. Typically, the proper guarding was originally installed on...

We discuss in a separate article all the categories of damages an injury victim can pursue in a personal injury case. One of those categories that warrants a more in-depth discussion is the pursuit of punitive damages. Not all cases will allow for punitive damages and even if you can pursue them in your particular case, there are several things to know about how it works. Let our Cumming wrongful death lawyers explain. What Cases Can They Be Pursued In? The short answer is when the injury is caused by the defendant’s very egregious conduct. Think violation of a criminal statute here. For example, in a typical car accident case, punitive damages cannot be pursued. The defendant is negligent but did not engage in such horrible conduct at the time of the accident to warrant punitive damages. However, if the car accident was caused by an intoxicated driver for example, punitive damages can be pursued. The defendant violated a criminal statute at the time of the accident. Sam...

As a car accident law firm, it is a standard question you will hear immediately upon contact from the at-fault parties auto insurance company or corporate home office after a car accident or personal injury such as a premises liability claim: “We would like you to give a recorded statement.” The car accident adjuster will make contact with you in very short order after the crash and explain that it is standard procedure for them to need two very simple things: 1) a recorded statement regarding what happened and 2) a medical release so they can collect your medical records and bills. Seems like a very reasonable requests and the insurance company is being helpful to you, right? Wrong. The Other Insurance Company Wants A Statement. Am I Required to Provide One? No. There is absolutely no requirement, much less a legal duty under Georgia law, to provide a recorded statement to the at-fault party’s insurance company. The insurance company is only asking in the hopes of helpi...

Some people have no trouble staying organized and keeping paperwork in order. For others, tracking down documents and organizing them is difficult, and the papers often end up in a big mess or lost. Regardless of which extreme you fall under, keeping your records organized after a personal injury is crucial. Reasons for Keeping Your File Organized Obviously, it will be easier for your personal injury attorney to work on your case if you have all your documents together. Your organization could also have an impact on the amount of compensation your personal injury attorney will recover. Proper organization will keep documents from being overlooked in the claim process. Take Notes You will need to take notes and document every phone conversation you have, along with who you speak with, and what was said. This will help our personal injury attorneys make a clear connection between specific documents and conversations. Set Up a File Folder for All Your Documents and Notes Pu...

Although many people think that we file too many lawsuits in the United States, there are times when it seems like that’s the only way to make things right. When you’re injured, it’s easy to feel overwhelmed as you attempt to return to a normal life. If you’re in this situation, due to an accident or injury, we can help! If you need to hire a personal injury attorney in Atlanta, here are some things you should consider before you choose a law firm. Why Do I Need to Hire a Personal Injury Attorney Near Me? If you live in or around Atlanta, you should try to find the best personal injury law firm in your area to represent you to avoid extra travel costs and time. You will need to work closely with your attorney, so choose a local law firm with lawyers that specialize in personal injury cases. You also want to make sure that they are thoroughly aware of all state and local laws. Do your research and hire an attorney near you. Can I Afford the Best Lawyers? The best lawyer ...

Some older Jeeps with rear gas tanks are known to have a defect that can lead to serious fires and even explosions. The Jeep manufacturer – Fiat Chrysler Automobiles (FCA) – equipped the Jeep SUVs in question with gas tanks that are located at the very rear (next to the bumper), which is closely associated with the increased risk of both fires and explosions. When the federal government asked that the company recall the vehicles, FCA went in a different direction, and it put a lot of people at increased risk in the process.   Anyone who believes they have a jeep fire claim should discuss the matter with an Atlanta accident attorney.  The Jeeps Affected Unfortunately, this serious Jeep issue is not limited to one model or even to one year. In fact, all of the following years and models are affected: Jeep Grand Cherokees from 1993 to 2004 Jeep Liberties from 2002 to 2007 Jeep Cherokees from 1993 to 2001 When these vehicles are hit from behind – or are invol...

If you have an injury, you may be wondering if you should get a personal injury lawyer and file a personal injury claim. This article includes some of the most common personal injuries that claims are filed for, and then you can decide whether to contact a personal injury attorney if your injury is listed here. Automobile Accidents Automobile accidents can be quite complicated. Maybe you have lost income because of your injury. Did the insurance company total your car? Don’t count on the insurance companies to look out for you. Contact a local personal injury attorney, one that specializes in personal injury law. They will be in your corner and fighting to help you recover from this situation. Accidents at Work Sometimes, people feel uncomfortable pursuing an accident claim for a work-related injury. They are afraid of losing their job or making their employer angry. Don’t drag your feet on hiring a personal injury lawyer! Remember that insurance companies handl...

More people, more distractions, and more technology predictably mean more accidents, injuries, and injury victims. Everyone’s likelihood of suffering a personal injury is increasing, and sometime in the future, you may have a reason to retain a personal injury attorney. What are the “personal” injuries that trigger lawsuits? Will you need to hire a lawyer to seek compensation for you if you are injured by someone who was negligent? If you’ll keep reading, you will learn the answers to those questions – and more about the rights of the injured. What Kinds of Injuries Can Generate Personal Injury Lawsuits? Injuries arising from traffic accidents generate perhaps the largest number of personal injury cases, but anyone can be injured on a boat, a bus, a plane, a train, or by a negligent driver while you’re merely walking down the sidewalk. Slip- or trip-and-fall injuries also generate plenty of personal injury claims. If you slip, fall, and you’re injured ...

In this video, attorney Theodore Spaulding answers how pain and suffering can be valued in a personal injury case, and what information is gathered to determine compensation. How much do I receive for pain and suffering in my personal injury case? Keep watching this video to learn the answer to this all-important question. Hi, I'm Ted Spaulding. I'm an Atlanta personal injury trial lawyer and I'm the founder here at Spaulding Injury Law. This is a question that I get time and time again from prospective clients that call me up after they've been in Iraq or otherwise injured in an incident, and it's the hardest question to answer, quite frankly. Why? Because we really don't know early on in the case what pain and suffering should be valued at for that particular case. And there's a couple of reasons why. Number one Because every case is so different, and it is such a fact-intensive question to answer. Number two Because early in the case, no one knows. Not even the insur...

How Do Contingency Fees Work in Personal Injury Cases in Atlanta? Hi, I am Ted Spaulding. I am an Atlanta personal injury trial lawyer with Spaulding Injury Law. So, here’s how contingency fees work in personal injury claims. They are a percentage of whatever is recovered from a settlement or a verdict if your case is tried to a jury. Now, they are different from the hourly fee structure that a lot of attorneys charge clients. How Contingency Fees Benefit Personal Injury Victims in Atlanta Gone are the days where you have to pay an attorney by the hour and pay them monthly where you’re getting invoiced and you’re having to pay them on each invoice every single month as your case goes along. This is important because if you’re injured, you’re dealing with medical bills, you’re dealing potentially with lost wages, and to have to pay a lawyer by the hour monthly to pursue your claim can get very conversing for you and your family financially. So, the system...

Following an unexpected accident, it is understandable that your primary priority would be recovering from any injuries that you sustained. Such recovery may be lengthy, however, and some accident victims are left permanently disabled. Recovery may involve serious medical procedures, periods of rest, rehabilitative programs, and readjusting to everyday life. It is not a surprise that injured victims often have difficulty focusing on anything else during their recovery. Let our wrongful death lawyers in Cumming, GA explain. Furthermore, even though many injured accident victims may wonder what their legal rights may be, they may be intimidated by the legal process and may believe that a lawsuit will only add more stress to their lives. These factors are only some of the reasons why injured victims put off discussing a potential case with an experienced personal injury attorney. Statute of Limitations Unfortunately, if an accident victim waits too long to pursue a legal claim, ...

Medical bills and other expenses can quickly start to pile up after an accident. Many personal injury victims cannot afford to pay these bills, especially if they’ve had to take time off of work to recover from their injuries. For this reason, some victims are eager to resolve their personal injury claims as quickly as possible. If you are filing a personal injury claim, it’s crucial to hire an experienced Atlanta personal injury lawyer to help you understand how long it will take to resolve, so you know what to expect. How Long Will It Take to Recover Compensation in a Personal Injury Case? Each personal injury case is unique, so the answer to this question will vary. Some personal injury claims are resolved in a matter of months, whereas others can take two or more years to resolve. The time that it takes to resolve a claim will typically depend on the answers to these questions: Is there a dispute over liability? How severe are your injuries? How much insurance...

In this video, attorney Ted Spaulding details everything you need to bring upon first meeting with your personal injury attorney. He explains the importance of being prepared with as many pieces of evidence as possible to support your case.  What to bring to your first meeting with a personal injury lawyer? Hi, I'm Ted Spaulding. I'm an Atlanta personal injury trial lawyer and the founder here at Spaulding Injury Law. So, this is a question that we get when we're talking to a prospective client and they've made a decision to hire our firm to represent them. We're either going to have an in-person meeting or we're going to have, in this day and age, we can have a Zoom meeting or something of that nature. And what do you need to give us to help start to build your claim or case? So, there's several things. And again, some of this depends on the nature of your incident. Is it a car wreck? Is it a premises liability case? Is it a wrongful death case? What are we talking about?...

If you are injured by another person’s negligence in Georgia, in a traffic collision or in any other type of accident, what types of damages can you pursue with a personal injury claim in this state? This is a brief look at the four types of personal injury damages, but if you are actually injured by someone else’s negligence here in Georgia, you’ll need the specific and personalized advice that an experienced Alpharetta personal injury attorney can offer, and you will need that advice at once. What Are the Four Types of Personal Injury Damages? What are the four types of damages that you have a right to pursue with a personal injury claim in Georgia? medical expenses lost wages out-of-pocket expenses that are not medical expenses or lost wages compensation for personal pain and suffering Which Medical Expenses Can You Be Compensated for? It’s not difficult to understand compensation for medical expenses. If you are injured by negligence and you preva...

Be careful! Many personal injury lawyers would have you believe that every injury victim will receive compensation for their injuries and losses. If that were true, there probably wouldn’t be a need for personal injury attorneys in Atlanta, Georgia, or anywhere else. The truth of the matter is that lawyers are often needed because obtaining compensation for your injuries and losses are not automatic in a personal injury case in Georgia. When you file a claim with an insurance company or directly with the business at fault, these entities will assess the nature of the complaint that you have against them before deciding on whether to settle or to litigate. If they believe that the case against them is strong, and what your asking for is reasonable, they may decide to settle out of court. However, insurance company attorneys may also use some proven legal defenses to mitigate or eliminate their clients’ responsibility. Here we will look at a couple of the most common ...

Personal injury cases can involve many complicated issues and questions. Even if you firmly believe that another party was at fault for your injury, the court and/or a jury may often require more concrete evidence in order to find another party liable for your losses. While injured victims may not know how to obtain or present sufficient evidence to prove negligence in court, an experienced Atlanta personal injury lawyer has the knowledge and skills to do so. Expert Analysis During Accident Investigation In order to prove your claim, a skilled lawyer will fully investigate the circumstances surrounding your accident to identify any and all potentially negligent parties. In some accidents, fault may be fairly easily identifiable; for example, another driver ran a red light and collided with your car. In other situations, fault may not be readily apparent at all. Accidents can be complicated and may often involve numerous vehicles, large commercial trucks, chain reactions, veh...

In this video, attorney Ted Spaulding reviews why venue is very important in a personal injury case, and why this is an interesting question. He reviews the intricacies of Georgia law and how this relates to your case.  Why is venue so important to the value of my personal injury case? Keep watching this video to learn the answer to this question. Hi, I'm Ted Spaulding. I'm an Atlanta personal injury trial lawyer and I'm the founder here at Spaulding Injury Law. This is a real interesting question. Most people don't even think of this aspect of their case when they're trying to value it. This is why lawyers are so important when it comes to valuing your case and whether you should take a settlement offer from an insurance company or if you should file suit or try your case. A lot depends on the venue. So what is venue? Venue is where your case will be tried, to what jury? Are you going to be trying your case in Fulton County? Are you going to be trying your case in DeKa...

In this technological age, it is common to regularly post on social media platforms regarding our activities and other aspects of our lives. Profiles on Facebook, Instagram, Twitter, and similar social media sites proudly display photos and status updates of our experiences and opinions. However, these social media posts can have an adverse effect if you have sustained an injury and are trying to recover for your losses. Courts have realized the potential influence that social media postings can have on personal injury claims and, therefore, regularly allow adverse parties access to social media profiles1 and allow relevant posts to be presented as evidence2 against an injured plaintiff when applicable. The Defense Will Request Access Defense lawyers rarely asked for access to the social media accounts of clients 5 years ago. Today, it is a standard request by most defense lawyers in every personal injury case in Georgia. Real Life Example Of Social Media Hurting A Case L...

Every motorist wants to avoid a truck accident as much as possible. Truck accidents can be caused in several ways. One of the common causes is mechanical failure. The little things – like the gears on a semi-truck – can cause a truck to break down and hurt other drivers. Learn more about the gears on a semi-truck and how constant wear and tear can lead to a truck accident from the truck accident attorneys at Spaulding Injury Law.   The total number of gears in an 18 Wheeler A semi-truck contains between 10 to 18 gears. Unlike cars with seven gears, semi-trucks need additional gears to function safely. Semi-trucks are constantly transporting large amounts of cargo. The average semi-truck can carry up to 80,000 pounds. To manage that weight, the truck needs additional gears in the transmission. A truck’s gears are used to supplement the truck’s brakes. They often help a truck driver control their speed or come to a safe stop while braking. The function and si...

Anyone involved in the trucking industry or who owns a large truck as their personal vehicle knows that operating trucks require more attention and expertise than most other vehicles, which is why skilled truck drivers are in high demand. Employers know that it's a dangerous profession, so shouldn't you have a truck accident injury lawyer that also understands the risks? Below are three of the main factors that contribute to the danger of truck accidents. Dimensions Blind Spots – Trucks have over double the size of blind spots as average vehicles. 35% of fatal accidents involving trucks are due to cars “hiding out” in blind spots. Wider Turning Radius – Trucks require much more space to make turns. Higher Ride – Truck drivers sit very high off the ground, which limits vision. Slower Stopping Speed – Traveling at 55 mph, trucks take 335 feet on average to stop. In an emergency, every second and every foot make a tremendous difference Cargo Unlike pass...

In this video, Attorney Ted Spaulding reviews the importance of spoliation of evidence letters for a tractor-trailer accident case. He explains what spoliation letters are in the context of this kind of litigation, and how a lawyer can assist.  Why are spoliation of evidence letters so vital in your tractor-trailer accident case? Keep watching this video to find out. Hi. I'm Theodore Spaulding. I'm Atlanta personal injury trial lawyer and I'm the founder here at Spaulding Injury Law. So spoliation of evidence letters, very, very important in tractor-trailer cases. They're important in all personal injury cases but so much more so in tractor-trailer wreck cases. First what is it? Spoliation of evidence letters, a letter that your lawyer will get out that tries to preserve all evidence, potential evidence that could be involved with your case. Under the Georgia code, if that letter goes out and is received by somebody that has evidence, then they later are found to have d...

In this video, attorney Ted Spaulding reviews why is it important to properly identify the tractor-trailer involved in your motor vehicle wreck. He explains the nuances of truck accident cases and how these details help in a truck accident case. Why is it important to properly identify the tractor-trailer involved in your motor vehicle wreck? Hi, I'm Theodore Spaulding. I'm an Atlanta personal injury trial attorney. I'm the founder here at Spaulding Injury Law. So to answer this question, it seems odd at first. Why do we worry about this? Well, what I mean by properly identifying the tractor-trailer involved is several things. One, obviously making sure that we had the exact tractor-trailer involved in the wreck, there was no hit and run. This is the vehicle involved. Number two is to properly identify it, meaning are we dealing with a commercial trucking company that's interstate versus intrastate. Different laws may apply depending on whether you're talking about a interstate t...

In this video, attorney Theodore Spaulding answers the question of how truck accident attorneys are compensated during personal injury cases. How much does a truck accident attorney cost? Hi. I'm Theodore Spaulding. I'm an Atlanta trial lawyer and the founder here at Spaulding Injury Law. Keep watching this video to find out the answer to this question. So tractor, trailer, truck accident cases is one of the specialties that we have here at Spaulding Injury Law. We handle a number of these cases every single year. These tend to be bigger cases, injuries are much more severe. So the question is what does it cost to hire a truck accident attorney in Georgia? So the short answer is it costs you nothing upfront, but be careful because you need to know what is it going to cost you at the end. So you see a lot of advertising all over the place that, you know, "No fee unless we win. You won't pay anything unless we win." While that is not a false statement, it is not the full statemen...

At the Atlanta office of Spaulding Injury Law, our truck accident attorneys work to hold negligent truck drivers and companies liable for any accidents and injuries they cause. If you have suffered injury in a truck accident, please contact our office for assistance today by calling (770) 744-0890 to schedule a free consultation with our truck accident attorneys. The Federal Motor Carrier Safety Administration (FMCSA [1]) enacts and enforces numerous regulations that commercial truck drivers and companies must follow. These regulations are meant to keep other motorists safe and cover matters from rest and sleep breaks to random drug testing to truck inspections. One important FMCSA regulation requires truck drivers to pass a medical examination before they can receive or renew a commercial driver’s license. This requirement is intended to make sure that all drivers are physically capable of controlling a truck and to prevent adverse health events such as heart attacks or seizur...

In this video, trial attorney Ted Spaulding reviews liability in personal injury cases during truck accidents in Georgia.  Hi, Ted Spaulding here, founder, lead trial attorney at Spaulding Injury Law. Thanks for watching this video. We're gonna answer the question, who is liable in a truck accident in Georgia? So, the answer to this question is really important. It's a great question to ask if you're involved in a truck accident case here in Georgia. We're talking tractor-trailer, semi, 18-wheeler, a commercial vehicle, all of those kind of fit in that same category. So, who's liable? Well, in your standard tractor-trailer wreck case, there are multiple potential people entities that could be responsible for your wreck, and they all can be responsible in tandem, if you will. And that's what makes truck accident cases so difficult to handle on your own. And why I always recommend if you're in a serious truck accident, you need to speak with a lawyer and hire a lawyer. There are t...

Much like an airplane, most commercial trucks have an event data recorder,1 also known as a “black box,” that records important information regarding the performance of the truck. Some of the information recorded includes the following: GPS information regarding the truck location at a certain time Communications between the driver and trucking company Engine RPMs Hard braking Tire pressure Whether the driver engaged the clutch Speed of the truck Interpreting the information recorded on a truck’s black box can be simple in some cases, such as simply knowing that a truck driver was exceeding the speed limit when the collision occurred. In other instances, however, a deeper analysis by a truck accident attorney may be done to identify negligence. Hours of Service Violations One common act of negligence that may be identified using black box information is fatigued driving. Because of the dangers of driving while fatigued, the Federal Motor Carrier...

In this video, trial attorney Ted Spaulding explains three reasons why semi-truck accident cases are more complicated than other personal injury cases. Three reasons why semi-truck accident cases are more complicated than other personal injury cases. Keep watching this video to find out why. Hi. I'm Theodore Spaulding. I'm Atlanta personal injury trial lawyer and I'm the founder here at Spaulding Injury Law. So there are three reasons why these cases can be very complicated. Number one, naturally, we're oftentimes dealing with catastrophic injuries, even death, so that's the first thing, high stakes. Number two, because it's high stakes, these tractor-trailer companies have what we call go-teams ready anytime one of their trucks are in a wreck. They have lawyers on retainer in that state. They have accident reconstruction experts and they go out to the scene the day of the wreck. Also you're gonna have DOT and others come out to the wreck as well. So because you ha...

Truck driver error is the most common cause1 of collisions involving large commercial trucks in the United States, according to our truck accident attorneys. When you think of driver errors, you likely think of texting and driving, drunk driving, speeding, and similar acts. But, our truck accident lawyers find that one type of driver negligence is not widely recognized. That type of negligence is driving with health issues. The Federal Motor Carrier Safety Administration (FMCSA)2 has stringent regulations for commercial truck drivers regarding their health. In order to obtain or maintain a commercial driver’s license (CDL), an individual must undergo and pass a medical examination to show that they do not have any specific health conditions that may interfere with their ability to safely operate a commercial truck. In the past, drivers would collude with medical professionals to get false sign-offs on a clean bill of health so that they could renew their licenses. In respo...

Anytime a large commercial truck crashes, our wrongful death attorneys know there is the potential for devastating damage and injuries. However, the risks of injury increase substantially if the truck is carrying toxic chemicals or substances. Trucks that carry hazardous materials are referred to as HAZMAT trucks and it requires additional training and a special endorsement for truck drivers to operate these trucks. However, even with this additional training and qualifications, drivers can still make mistakes and the results can have widespread effects. In the event of an accident, an Atlanta truck accident lawyer can help. Toxic Chemicals Released Into the Air At the end of last year, two tractor-trailers crashed, one of which was carrying a variety of swimming pool cleaning supplies, including chlorine, oxidizers, and other substances that are corrosive. A fire started, releasing toxic chemicals into the air with the smoke. In addition, because of the nature of the che...

Before answering this question, allow us to explain what a “spoliation of evidence letter” or “preservation letter” is. This letter is sent to the trucking company for the at-fault driver requesting that it preserve certain evidence or potential evidence that may be relevant to your injury case against it and its driver. It helps fight against the destruction of evidence that is helpful to your Atlanta truck accident lawyer. Great. You now know what it is but why is it so important? First, because by the time you decide you need to pursue a claim against the trucking company for your injuries, several investigations into how the truck accident occurred have already taken place. This means you are already behind on your investigation into the cause of the accident before you even begin. Who has already investigated the accident? For starters, law enforcement and/or the DOT or both have likely already conducted an investigation. Most importantly, the trucking company an...

As experienced truck accident lawyers, we are aware of the legal distinctions and differences in the way that truck crashes are handled versus typical car accident cases. However, it might surprise those who have never been involved in a personal injury case involving a truck crash that these types of collisions are distinctly different from common car accidents. For this reason, it is important to hire an experienced truck injury lawyer who knows the ins and outs of these cases. Determining Liability in Personal Injury Cases Involving Commercial Truck Accidents Generally, in a car accident injury case, the only defendant in the case is the driver. This is not the situation with truck accident claims in Atlanta. When a truck is at fault in a collision, there are quite often multiple potential defendants (i.e. the driver, the owner of the vehicle, the transport company, etcetera). The following is a breakdown of the potential defendants and the corresponding theories of liabili...

If you live in Atlanta, Georgia, you are no stranger to dangerous highways. Although the Georgia Department of Transportation (GDOT) is doing their best to make these roads safer, it will take time. The following highways are some of the most hazardous in the state of Georgia, and we urge you to use caution when using each one. GDOT is taking steps to improve driving conditions and lower accident and fatality rates, but every driver is responsible for taking safety precautions and avoiding accidents. In the event of an accident, an Atlanta truck accident lawyer can help. Interstate 85 (I-85) Spanning 180 miles and running northeast to southeast, I-85 in Georgia is a busy highway. Fatal crashes average about one every two weeks. GDOT is working to make I-85 safer by widening lanes and adding barriers to relieve the traffic flow along the congested highway. Interstate 75 (I-75) I-75 stretches approximately 300 miles, and has some of the heaviest traffic is the state of Georgia....

Construction is an extremely dangerous profession. Workers regularly suffer injuries in a variety of accidents, including electrocutions, falls, and much more. Workers who work in road construction have even more risks to deal with every day. In turn, the workers are also at risk of causing injury to others who are passing by the construction site in their cars. For this reason, road construction accidents can result in a large number of accidents, and the United States Department of Transportation Federal Highway Administration reported1 that 87,606 car crashes happened in road work zones in 2010 alone. Accidents Caused by Motorists Road construction zones generally have strict safety rules for passing motorists, including lowered speed limits, yield signs, redirected traffic, and more. Drivers must take reasonable care to follow all signs and signals and drive through the work zone safely. If drivers fail to take appropriate care, they may face serious consequences, as Georgi...

In this video, attorney Theodore Spaulding explains what steps are needed to obtain the police report after a motor vehicle accident in Georgia.  How to obtain the police report after a car accident? Hi, I'm, Ted Spaulding. I'm an Atlanta personal injury trial lawyer, I'm the founder here at Spaulding Injury Law. So, this is always the first step for us. When we take on a new case, we need to see the police report. So, we ask our clients, do you already have the police report? Oftentimes they do. If they don't, how do you get it? Well, there's several ways to get it, but there's certainly easier ways to do it than others. One, if it's a local police department or sheriff's office very close to you, you can go down there and pick it up. Nowaday, it's taking a good four to seven days for these to be ready. So, you would want to call in advance, make sure it's ready, then go down there, pick it up. Oftentimes when you do it that way, it's free. A lot of jurisdictions, you call thei...

If you’ve been involved in a devastating collision with a large truck in Alpharetta, it’s easy to overlook important details in the confusing aftermath of the accident. However, following some basic steps after a wreck will be crucial to protecting your health and your legal rights. After a collision with a commercial vehicle, you should: Call the Police Call 911 or have someone else at the scene call the police. Most accidents involving trucks like semis and 18-wheelers leave victims with serious injuries and extensive property damage. First responders can help you get the prompt medical attention you need for your injuries. They can also help prevent further collisions by blocking off the area and taking care of debris and wreckage from the accident. Seek Emergency Medical Treatment If you did not receive medical treatment at the time of the crash, it’s critical to see a doctor as soon as possible. Some serious injuries from truck accidents aren’t immediately obviou...

There are many reasons why you need a police report after your car accident. You may not be able to move your car following the accident. The other driver may be intoxicated or uninsured. The driver may have even left the scene of the accident. Whatever the case, a police report can benefit your accident in so many ways. Read on to find out how long it will take to file a police report for your car accident from the car accident lawyers at Spaulding Injury Law.   How police reports affect your claim Police officers are used to filing reports for car accidents. They know how to record the necessary evidence that you'll need to file your insurance claim. One of the most common issues with car accident claims is proving liability. The other driver may argue that you were the at-fault driver of your accident. The details in a police report can be used to determine who was truly responsible for the accident. There is additional information that your lawyer could use to help ...

As wrongful death lawyers, we know that with the current climate of the country, police conflicts and alleged abuses are appearing in the news every day. Indeed, the torrent of video footage from the past few months’ Occupied Wall Street protests has not only sparked cries for a review of police procedures, but has also made for a very sympathetic environment for plaintiffs seeking damages from police agencies. As a result, police departments around the country are reviewing policies and training procedures to reduce the potential threat of use of force lawsuits. Recently, even the manufacturers of police equipment have absorbed some of the liability for police-related injuries and wrongful deaths. Last summer, a Federal Court ruled that Taser International, Inc. must pay $10 million to the family of a teenager who was killed when police deployed one of their electronic control devices. In the lawsuit, the parents of the deceased teenager and their wrongful death lawyer argue...

When a drunk driver takes the wheel, a landlord fails to keep a property maintained, or a doctor fails to diagnose a disease, wrongful death can happen. How is “wrongful” death defined? In Georgia, if you die accidentally because someone was negligent, will your family have legal options? Will they be entitled to compensation? Keep reading, and you’ll learn what everyone needs to know, in these dangerous times, about wrongful death and the law in Georgia and how a wrongful death attorney in Atlanta can help. What is a Wrongful Death Lawsuit in Atlanta? When another person’s negligent action – or negligent lack of action – causes an accidental death, even though there was no intention or premeditation to kill, the fatality may be deemed a “wrongful” death. When someone’s negligence leads to someone else’s death, a wrongful death lawsuit may be pursued, usually by the immediate relatives of the deceased person, against the person or persons whose negligen...

If a negligent driver is responsible for the wrongful death of your immediate family member, does your family have legal recourse? The answer is yes. More than 1,500 people died in traffic accidents on Georgia’s streets and highways in 2016, so the risk is genuine. A fatal auto collision will have a lasting impact on the victim’s family, but insurance companies will tend to focus on the short-term needs, usually offering compensation only for funeral costs, final medical bills, and related immediate expenses. This is where an Atlanta wrongful death attorney can help. What Are the Real Costs of a Wrongful Death? That compensation helps, but it will not be sufficient to cover the real costs of a wrongful death. If your spouse died young, your family will be without that income permanently. Some families face serious financial hardships – some even lose their homes – after a wrongful death. When a family faces the emotional challenge of a loved one’s unexpect...

Nothing could be more tragic than losing someone you love because someone else – another driver, an employer, a landlord, or even a doctor – was negligent. If that happens – though it may be quite difficult – you must speak at once to an experienced Cumming wrongful death attorney. By definition, nobody expects a wrongful death to happen, yet in 2017, over 1,400 people died in traffic accidents in this state. It can happen to anyone – when it’s least expected. Keep reading to learn what everybody in Georgia should know about wrongful death and the law in our state. While no amount of cash can compensate grieving family members for the sudden, tragic death of a loved one, wrongful death claims can help families to avoid the financial difficulties that some families may face after the abrupt wrongful death of a family member. How Do Wrongful Death Claims Work in Georgia? The first and most important question in a case of wrongful death in Georgia is “Who has the...

In this video, attorney Theodore A. Spaulding reviews the requirements for filing a wrongful death claim in Georgia. He explains the levels of consideration required and which parties hold the most decision-making power.  Who can file a wrongful death claim in Georgia? Keep watching this video to find out. Hi. I'm Theodore Spaulding. I'm Atlanta personal injury trial lawyer and I am the founder here at Spaulding Injury Law. So this is a really important question in wrongful death cases. Who's got the claim? The injured party, unfortunately, has died, so they obviously can't bring the claim themselves, right? So what Georgia has done is set up a statutory scheme that lists, in order of importance, of who has the claim and you, kind of, go down that list. If you don't have the first person, you go to the second. If the second person isn't there, you go to the third. And so naturally, it all starts with spouse. If the deceased was married at the time of the incident, then ...

In this video, attorney Ted Spaulding explains how damages work in a wrongful death case. He reviews how to differentiate a wrongful death claim and an estate claim, and how damages are actually defined.  What damages are available in a wrongful death case in Georgia? Keep watching this video to find out. Hi, I'm Theodore Spaulding. I'm an Atlanta personal injury trial lawyer and I'm the founder here at Spaulding Injury Law. So we do a lot of wrongful death cases, unfortunately. They're very sad cases to handle, but the question always becomes what damages are we pursuing? And this is a real nuance here. Why? Because I've got other articles and videos on this, there are two claims available. There's a wrongful death claim and there's potentially an estate claim. Two totally separate claims. So what we're talking about here is the wrongful death claim, not the estate claim. The estate claim is for medical bills, funeral costs, lost earnings, those sorts of things, okay. The estat...

In this video, Georgia personal injury trial attorney Theodore Spaulding reviews what factors are involved in proving death during civil litigation  How do you prove death in a civil case? Keep watching this video to learn the answer to this question. Hi, I'm Ted Spaulding. I'm Atlanta personal injury trial lawyer and I'm the founder here at Spaulding Injury Law. So this question is really, how do you prove wrongful death in a wrongful death civil case? So what you have to prove is that the death was caused by the negligence of another party, either an individual, a corporation, or both, right? So wrongful death. So we're back to that standard injury negligence standard. Was the defendant or defendants negligent in causing the death of the plaintiff? So some case, it's very easy to do, right? So if you've got a car wreck case, tractor-trailer, motorcycle wreck case, all right, those are easier to prove because you've got a police report most of the time. Police officer is invest...

A wrongful death claim in Georgia can be quite complicated and confusing for the loved ones attempting to file a claim and even poses unique challenges and areas for error for seasoned wrongful death lawyers. What follows is a guide for both groups to understand as much as possible about the ins and outs of a wrongful death claim in Georgia. What is the Difference Between A Wrongful Death Claim and An Estate Claim in Atlanta? A wrongful death claim in its broad sense in Georgia arises when a loved one dies from injuries sustained as a result of the negligence of another. What is not as widely understood is that there are two unique set of claims that a specific set of claimants have arising out of the death of a loved one: First—what is known as the traditional wrongful death claim; and Second — a separate claim by the estate of the deceased. The Wrongful Death Claim — Again this is what is known as the traditional wrongful death claim. In Georgia, this claim is for th...

Wrongful death litigation may be one of the most painful legal actions for plaintiffs in the field of law. Because of the actions of another—through their negligence or ill intent—a loved one has lost their life. In the State of Georgia, it’s important to keep in mind that not everyone can bring a suit against a negligent party for a wrongful death. If you have lost a loved one, talk to a wrongful death lawyer to discuss your legal options. Who Can File A Wrongful Death Suit in Atlanta, Georgia? There is an established hierarchy that is observed by the Georgia civil courts: Surviving Spouse – If one exists, the surviving spouse is the first person of familial relation who can make a claim for wrongful death. However, the proceeds from such a suit must be divided equally among any surviving children that the deceased spouse may have had. Surviving Children – If a spouse does not exist or is not present, the children may pursue a wrongful death claim through...