What is mediation and is it required in a Georgia injury case?
Mediation is a settlement process in which a neutral third person, the mediator, helps the parties try to resolve their dispute by agreement rather than by a judge or jury's...
Author: RC SDC
Who has the burden of proving the defendant was negligent in Georgia?
In a Georgia negligence case, the injured person bringing the claim carries the burden of proving the defendant was negligent. As the party asserting the claim, the plaintiff must establish...
What is a time-limited demand under Georgia’s Holt statute?
A time-limited demand is a pre-suit settlement offer that gives a liability insurer a firm deadline to accept clear terms, usually for the available policy limits, or risk exposure beyond...
What happens if the defendant was not properly served in Georgia?
Defective service is a serious problem because it goes to the court's authority over the defendant. Without valid service, the court generally lacks personal jurisdiction, which can prevent the case...
What does a Georgia judge look at to decide if an expert’s method is reliable?
Reliability under Georgia's expert rule turns on how the expert reached the opinion, not on the expert's credentials or the appeal of the conclusion. A judge applying O.C.G.A. § 24-7-702...
Why do insurers add indemnity or hold-harmless language to a release?
Insurers include indemnity and hold-harmless clauses so that paying a settlement truly ends their exposure, including exposure to third parties who might later assert a claim against the funds. These...
Should a time-limited demand list which claims and claimants it covers?
Identifying the claims and the people behind them is part of what makes a Georgia pre-suit motor-vehicle demand work as intended. O.C.G.A. § 9-11-67.1 frames the offer around material terms,...
What happens if the defendant is dodging service in my Georgia case?
A defendant who avoids being served does not defeat the lawsuit, but the plaintiff must keep trying and document the effort. Georgia law provides additional methods to reach an evasive...
What is a motion in limine before a Georgia personal injury trial?
A motion in limine is a request made before trial asking the judge to decide, in advance, that certain evidence or arguments may not be presented to the jury. The...
What are the main stages of a Georgia personal injury lawsuit from start to finish?
A personal injury case in Georgia moves through a recognizable sequence, from the period after the injury through investigation, filing, discovery, and ultimately settlement or trial. Most cases resolve before...