Losing a loved one is one of the most difficult experiences one can go through. And if their death resulted from someone else's negligence or intentional harm, it only adds to the trauma. In such cases, filing a wrongful death claim can help you seek compensation for the losses you and your family have suffered. But what if your loved one had a pre-existing health condition? Can you still file a wrongful death claim in that case? In this blog post, we will explore the answers to these questions and more.  Is the Pre-existing Health Condition Relevant? First and foremost, it's important to know that having a pre-existing health condition does not automatically disqualify you from filing a wrongful death claim. But it does play a role in how your case is evaluated. The defendant's attorneys may argue that the deceased's health condition was the main cause of their death, rather than the other party's negligence. This is why it's crucial to work with an experienced attorney who can conduct a thorough investigation, gather evidence, and build a strong case to prove otherwise. Factors that Determine the Viability of a Wrongful Death Claim To determine the viability of a wrongful death claim involving a pre-existing health condition, several factors are considered. These include the specifics of the condition, the treatment received, the cause of death, and the level of negligence or liability of the defendant. For instance, if the pre-existing condition was managed and under control, and the cause of death was directly related to the defendant's actions, you may have a viable case. On the other hand, if your loved one's condition was terminal and they were already expected to pass away, it may be more challenging to prove that the defendant's actions caused their death. How Can an Attorney Help Me? If you've lost a loved one and are considering filing a wrongful death claim, working with an experienced attorney can help in several ways. Your attorney can conduct an investigation to establish a clear cause of death, gather evidence and witness statements, negotiate with insurance companies, and represent you in court if necessary. They can also help you understand the legal issues involved and advise you on the best course of action based on your individual circumstances. By having a knowledgeable legal advocate in your corner, you can have a better chance of obtaining the compensation you deserve. In conclusion, if your loved one had a pre-existing health condition, it's still possible to file a wrongful death claim if their death resulted from another party's negligence or wrongdoing. However, such cases can be complex, and it's important to work with an attorney who has experience in handling wrongful death claims. They can help you navigate the legal process, build a strong case, and fight for the justice and compensation you and your family deserve. At the end of the day, nothing can bring back your loved one, but a wrongful death claim can help you hold the responsible parties accountable for their actions.

Each year, millions of people in the United States are injured in accidents and incidents that aren't their fault . You may be curious about your legal options if you're one of them. In this post, we'll look at the five most common types of personal injury claims made in  Atlanta, Georgia  and consider the conditions necessary to make a claim. If you've been injured and want to learn more about getting compensation, this post is a good starting point for understanding the process. Car Accidents Car accidents are the most common type of personal injury claim in the United States. According to the National Highway Traffic Safety Administration (NHTSA), there were over 5 million car accidents in the United States in 2020 alone . Many factors cause car accidents, including speeding, distracted driving, and drunk driving. They can lead to wide-ranging injuries, from minor bruising to severe injuries like broken bones and concussions. If you have an injury from a car accident, there are a few things that you may be able to claim for: medical expenses, lost wages, and pain and suffering. Medical expenses can include past and future costs related to the car accident, such as hospital bills, ambulance fees, and prescription costs. Lost wages are another common element of car accident personal injury claims. If you've had to miss work due to your injuries, you may be able to recover those lost wages as part of your claim. Finally, pain and suffering are damages that can be more difficult to quantify but are equally important. These claims include emotional distress, physical pain, and disability. Slips and Falls Slips and falls are another common type of personal injury claim in  Atlanta, Georgia  . Indeed, this fact is unsurprising, given that one in five falls results in a severe injury, according to the Centers for Disease Control and Prevention (CDC). Your eligibility to make a personal injury claim for a slip or fall depends on the circumstances of the accident. Generally speaking, you will only be able to make a personal injury claim if someone else's negligence caused the accident. For example, if you slipped on a wet floor that had not been adequately marked or cleaned, you could file a claim against the property owner. Similarly, if you fell down a flight of stairs that did not have proper handrails, you could file a lawsuit against the building owner. However, suppose you lost your footing and fell without the influence of negligence. In that case, it is unlikely that you would have a successful personal injury claim. If you are unsure whether or not your accident qualifies, it is highly recommended that you speak to an experienced personal injury lawyer. Workplace Accidents According to the Bureau of Labor Statistics (BLS), there were 2.7 million non-fatal workplace injuries and illnesses in 2020 . This statistic includes accidents that occur while working with machinery, falling from heights, and being exposed to hazardous materials. Workplace accidents can often be prevented with proper safety training and protocols. However, when they occur, they can lead to serious injuries requiring medical attention and time off from work. If you have been injured in a workplace accident, your eligibility to make a personal injury claim depends upon factors such as the severity of your injury and the cause of the accident. You will likely be eligible for compensation if your injury occurred while you were working. However, there are some exceptions to this rule. For example, if your own negligence caused your injury or if you were engaging in illegal activity at the time of the accident, you may not be eligible to make a claim. Product Liability Product liability is a type of personal injury claim that arises when a person is injured because of a defective product. To win a product liability claim, you must be able to prove that the product was defective and that the defect caused your injury. Three main types of defects can lead to a successful product liability claim: design defects, manufacturing defects, and warnings and instructions defects: Design defects occur when something is wrong with the product's overall design. Manufacturing defects occur when there is something wrong with the way the product was made, even though the overall design may be sound. Warning and instructions defects occur when a product does not have adequate warnings or instructions or when the warnings or instructions that are provided are incorrect. Product liability claims can be complex and often involve multiple parties, including manufacturers, distributors, and retailers. As a result, it is essential to consult with an experienced attorney if you have been injured by a defective product. Medical Malpractice Medical malpractice is a type of personal injury claim that can be brought against a healthcare provider in  Atlanta, Georgia  . According to the National Institutes of Health (NIH) , medical malpractice occurs when a healthcare provider fails to provide care that meets the accepted standard of practice, resulting in injury or death to the patient. To prove medical malpractice, you must show that the healthcare provider owed the patient a duty of care, that this duty was breached, and that it resulted in the patient's injuries. There are generally two types of medical malpractice claims: those based on errors in diagnosis and those based on errors in treatment. Each has different requirements: For a diagnosis-related claim , you will normally require expert testimony about the appropriate standard of care and how the healthcare provider fell short. For a treatment-related claim , you will need to show that the healthcare provider made a mistake and that this error caused you harm. In some cases, it may be enough to show that you would have had a better outcome if the healthcare provider had not made the mistakes. However, in other cases, you may need to show that you incurred additional medical costs or lost income due to the error. Due to the complexities involved with medical malpractice claims, it is crucial that you speak to an experienced attorney who can help you understand your rights and options. If you have been injured in an accident that wasn't your fault, you may be entitled to compensation. However, due to the complexities of personal injury law, particularly surrounding the burden of proof, it is a good move to seek advice from an experienced personal injury lawyer before making a claim. Get in touch today for a free consultation and start your recovery journey.

Bankruptcy is a legal process that helps people or businesses pay debts by selling assets or getting a court-ordered repayment plan. There were 544,463 bankruptcy filings in 2020 alone. Typically, the bankruptcy process starts when a debtor goes to court. The debtor can be a company, a group of people, or an individual. A bankruptcy case can only be filed at a federal court. The court will audit the liabilities and assets of the accused entity. It will then decide to either declare the entity bankrupt or dismiss the case. If you feel that your loan terms are becoming a financial hindrance, you can file for bankruptcy. Your creditors will have to renegotiate the loan terms and restructure the repayment schedule. Bankruptcy and Employment Status or Opportunity Generally, filing for bankruptcy does not have any impact on your job. Nevertheless, it may reduce your chances of getting employment in the private sector. Public and private employers can't legally terminate your employment contract just because you are facing financial challenges. Similarly, filing for bankruptcy cannot lead to the changing of your employment terms. For example, your employer can't slash your wages or change your responsibilities. Therefore, you can seek legal compensation if your employer terminates your employment just after you file for bankruptcy. Bankruptcy and Discrimination Laws The US Bankruptcy Code prohibits any person or entity, including your employer, from discriminating against debtors. This is clarified in the Bankruptcy Code's Section 525 . This section states that federal and state authorities can't: Refuse to hire a person because of bankruptcy Fire an employee due to a recent bankruptcy filing Reduce wages or change responsibilities of an employee who filed for bankruptcy. Unfortunately, the Bankruptcy Code doesn't prevent private employers from failing to hire people based on their bankruptcy status. Will Your Employer Know About Your Bankruptcy Filing? Your employer is unlikely to learn about your bankruptcy filing. However, the employer may become aware in some situations, such as: Wage Garnishment : You may file for bankruptcy after receiving a wage garnishment. Your employer can stop the wage garnishment provided that you notify them of your bankruptcy filing. The good thing is that your employer may suggest ways to improve your financial situation. Chapter 13 Bankruptcy : While it is difficult for employees to know of your Chapter 7 bankruptcy filing, they are likely to know of your Chapter 13 bankruptcy filing. That is because the court may direct that your Chapter 13 payments be deducted from your salary. Your employer essentially will become a collection agency for the bankruptcy court. You Have a Loan from Your Employer : A bankruptcy filing must disclose all outstanding debts. The court will then send a notice to everyone you owe money. If you have a loan from your employer, they will also receive notification of the bankruptcy filing. Security Clearance Many employers won't hire you if you don't have a security clearance. The security clearance is a must-have for people working for federal or state security agencies. Fortunately, you can still get your security clearance even after filing for bankruptcy. In fact, filing for bankruptcy reduces your debt and vulnerability to blackmail. Government agencies do not look at the bankruptcy status when hiring employees. However, private employers may fail to hire you if they discover your bankruptcy filing. This can happen when the employer conducts a credit check. Although the employer can't run a credit check without your consent, they may become suspicious if you refuse to give permission. The bankruptcy filing may be seen as a potential problem, especially for an employee who will be handling large sums of money, such as an accountant. Types of Bankruptcy The primary purpose of bankruptcy is to settle debt, but bankruptcies have different procedures and regulations. The two types of personal bankruptcies are Chapter 7 bankruptcy and Chapter 13 bankruptcy. Chapter 7 Bankruptcy During Chapter 7 bankruptcy, the court will hire a trustee to liquidate your assets and give the proceeds to your creditors. If the proceeds can't pay all your debt, the court will erase the outstanding debt. Chapter 7 exempts necessities from liquidation, such as retirement accounts, personal vehicles, and houses. Chapter 7 can postpone a foreclosure but can't stop it. If you want to delay a foreclosure, you must reaffirm your loan terms and promise to resume payments. You will be eligible for Chapter 7 bankruptcy debt relief after the court determines that you cannot repay all your loans. Before then, your creditors will meet you in person to examine your debts and general financial situation. Also, the Chapter 7 bankruptcy becomes part of your credit report and will remain there for a decade. Chapter 13 Bankruptcy Chapter 7 bankruptcy erases debt, but Chapter 13 restructures it. The court will mandate a new repayment plan that will last for three to five years. You must pay all your secured loans and a certain percentage of your unsecured loans during the repayment period.  The monthly payment will be based on your income, loan amount, and expenses. In most cases, the courts will place limitations on your expenditure and prohibit spending on certain services or products. Chapter 7 bankruptcy's main benefits are the preservation of your assets and legal protection from creditors. Unlike Chapter 7 bankruptcy, Chapter 13 bankruptcy can halt home foreclosures by extending mortgage repayment periods. However, your Chapter 13 bankruptcy filing will only be valid if you have been paying all your taxes. Also, your credit report will continue to show your Chapter 13 bankruptcy filing for seven years. Finally, you can only file one Chapter 13 bankruptcy every 24 months . What to Do if You Are Fired After Filing for Bankruptcy? Despite the bankruptcy laws prohibiting employment discrimination, you can still get fired after filing for bankruptcy. When this happens, you should first know if your employer doesn't have another reason for terminating your employment. Regardless, it is challenging to prove that you were fired because of your mounting debts. Consequently, you may need to seek the assistance of an employment lawyer and get legal redress. You can contact us for more information.

Personal injury cases can stem from a variety of occurrences, such as defective products, car accidents, or work-related harm. All the cases have one thing in common: another person, company, or group caused the injury due to direct action or negligence. In Georgia, all personal injury cases are civil lawsuits. This means that the plaintiff seeks compensation for damages caused by the injury. They need to prove that the defendant's actions caused the injury and provide evidence to support the amount of the compensation request.  In Georgia, you have a limited amount of time to file a personal injury lawsuit. The deadline is known as the statute of limitations. The suit could be dismissed without being heard if you wait too long after the incident. Different types of personal injury cases have different time limits. In Georgia, these range from one to six years. Here is a look at the statute of limitations for the different types of personal injury cases. What is the statute of limitations? The statute of limitations refers to the specific limit a lawsuit may be filed after an injury or accident. These rules vary by state, so you need to check the local timeframe requirements depending on where you live. Why do such rules exist? One of the primary reasons is to ensure the integrity of the evidence and that parties and witnesses still remember events clearly. In Georgia, civil personal injury cases typically have a two-year statute of limitations. However, there are some nuances to this rule. The clock may not start running at the time of the incident. In some cases, you may not know that you are injured until later. For example, if you are exposed to a substance at work that makes you sick, you may not be aware of the harm until you get a diagnosis from a physician. These cases use a "discovery of harm" rule. The statute of limitations clock starts when you learn about the injury instead of the date when it actually happened. The statute of limitations also applies to some criminal cases. You can only be charged with a misdemeanor for two years after the event. In Georgia, there is no limit on felony charges. What does the law say? Georgia statute of limitations rule (Section 9-3-33) specifically states: “Actions for injuries to the person shall be brought within two years after the right of action accrues, except for injuries to the reputation, which shall be brought within one year after the right of action accrues, and except for actions for injuries to the person involving loss of consortium, which shall be brought within four years after the right of action accrues.” The two-year statute of limitations will apply in most cases. As you can see from the text of the law, there are a couple of exceptions to this rule. When is the statute of limitations less than two years? Personal injury does not necessarily have to be physical. It can include damage to your reputation. These cases often involve libel, when someone spreads false or privileged information with the goal of harming your personal life or business. In these instances, the statute of limitations is only one year. When is the statute of limitations more than two years? The statute of limitations for loss of consortium due to personal injury is four years. This type of suit is typically brought on by the spouse of the injured party. Such cases seek compensation for a loss of companionship, financial support, or other marital expectations due to the injury. In some instances, domestic partners and other dependents can bring a loss of consortium claim to the court in Georgia. In addition to proving that the injury led to a loss of companionship or support, you will need to provide evidence of your relationship with the injured party to establish the level of dependence. The statute of limitations for medical malpractice is two years from the date of discovery of harm. However, there is a five-year total time limit from the date of the incident. So, if the discovery of harm took place more than three years after the medical procedure, you may have less than two years to file the suit. Details of personal injury cases in Georgia In Georgia, you can file a personal injury lawsuit to seek payment for medical bills that you incurred as a result of the defendant's action or negligence. You can also seek compensation for the economic damage you suffered as a result of the injury. For example, you can ask the court to award you for the income you lost because you were not able to work during the recovery process. If you suffer significant injuries that keep you from resuming your job and career, you can also sue for future earnings and the support you would have provided to your spouse and dependents. This can include things like housing, college tuition, and even wedding expenses. The defendant may also have to pay damages for emotional or psychological distress that occurred due to the accident and the resulting strain on your relationships and the loss of your previous quality of life. All these claims require the support of evidence, testimony from witnesses, and a clear memory of the incident at the center of the case. Though there is a two-year statute of limitations, it is best to act as soon as you are able after the injury. Do you need a lawyer for a personal injury case in Georgia? There are several reasons that you would need a personal injury lawyer in Georgia. First, an attorney can help handle the details and evidence-gathering aspects of the suit while you focus on recovering from your injuries. Second, personal injury cases often go beyond compensation for medical bills. An attorney can help you define the full extent of the damages so that you do not overlook anything and are able to include a request for fair compensation in your lawsuit. Finally, an attorney can help you negotiate with the defendants before the civil trial. In some cases, you may be able to reach a settlement and avoid the stress and uncertainty of court hearings.