Hoffspiegel Law Blog

Personal Injury Attorneys

Can I Sue the Trucking Insurance Company Directly in a Georgia Truck Accident Case?

The short answer is, “Yes, you may be able to sue the trucking insurance company directly because Georgia’s direct action statute allows victims to file a lawsuit against the insurer following truck accidents.”  However, each case is unique, which is why it is highly advised to consult with an experienced truck accident attorney at Hoffspiegel Law to determine liability in your particular situation.  How can you...

Can Defendants Apportion Fault to a Non-Party in Georgia Personal Injury Cases?

Georgia has an apportionment statute that allows defendants to apportion fault to non-parties. Georgia’s apportionment statute, codified in O.C.G.A. § 51-12-33, allows holding each party whose fault contributed to the plaintiff’s injury responsible for their respective share of fault.  The statute requires a jury to apportion responsibility for a plaintiff’s injury among the defendant and non-parties whose negligent or intentional acts...

Can I Recover Damages If I Was Partially At Fault For My Car Accident?

When a person is involved in a car accident, one of the first questions that may arise is, “Who’s responsible for the collision?” In fact, there may be multiple at-fault parties in some car crashes.  But can you still recover damages for your damages and losses incurred in the car accident if you were partially at fault for causing the...

Commercial Driving Accidents: How to Minimize Risk

A road accident will disrupt your life, but if you’re a commercial truck driver or you employ them, accidents disrupt your business and livelihood as well. Since commercial trucks are much larger and heavier than normal vehicles, they need significantly more time and distance to stop. Oftentimes, the difference between an accident and a near-miss comes down to breaking and...

Navigating the Challenges of Wrongful Death and Medical Malpractice Claims

When a loved one dies due to the negligence of a professional in whom they placed their trust, you deserve justice and restitution.  Just recently, the wife of a man who died in the care of a doctor employed by Wellstar Health has filed a lawsuit in Georgia, alleging the death was a result of the negligence of the healthcare...

Legal Options for Sexual Abuse Victims

You never think that it could happen to you, and then it does. An assailant sexually abuses you and you don’t know what to do next. Do you call a lawyer? Do you call the police? Should you go to the hospital?  When you have experienced something as traumatic as sexual abuse, it can be difficult to understand what your...

When Should I Think About Premises Liability?

Most of the time, you think to call a lawyer after an accident has happened, and that is exactly the right decision to make. After all, a legal expert understands your legal situation and is able to guide you through the process of receiving the justice and restitution you deserve.  That said, your lawyer is also a valuable resource to...

Medical Malpractice Just Got Trickier

COVID-19 raises new questions for premises liability, and those questions are being answered in Georgia with new legislative activity. Recently, the governor signed the Georgia COVID-19 Pandemic Business Safety Act (PBSA) into law.  The new act protects schools, businesses, and healthcare facilities from being held liable for certain claims related to COVID-19. They will be entirely immune to claims unless...

Medical Malpractice in 2020: What you need to know

Medical malpractice is an all too common problem. A recent study from Johns Hopkins showed that medical malpractice was the number 3 cause of death in the United States and causes at least 250,000 deaths each year.  Part of the reason that this isn't front-page news more often is because of the complexity in understanding medical malpractice.  Typically, medical malpractice...

Buckle Up

Wearing a seatbelt does more than just protect you from harm, it just might determine what compensation, if any, you receive after an accident.  This National Law Review article caught my eye a few days back, and I wanted to highlight some key points. The statistics covering the impact of seatbelts on the survivability of crashes are staggering.  The article...
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