What sanctions can a Georgia court impose if the defendant destroys evidence?
When a party destroys evidence it had a duty to preserve, a Georgia trial court has a range of penalties to choose from. That duty arises once litigation is reasonably...
Author: RC SDC
What is the discovery phase of a Georgia personal injury lawsuit?
Discovery is the stage where both sides exchange information and evidence before trial. It follows the pleadings and allows each party to learn the facts the other relies on, so...
How does foreseeability limit a defendant’s liability for my injuries in Georgia?
Foreseeability is the concept Georgia law uses to keep liability within sensible bounds. A negligent defendant is generally responsible only for harm that a reasonable person could have anticipated as...
How much time must a pre-suit demand give an insurer to accept in Georgia?
A pre-suit demand on a motor-vehicle injury claim cannot impose a deadline shorter than the floor set by Georgia statute. Under O.C.G.A. § 9-11-67.1, an attorney-prepared offer to settle this...
Does a Holt demand have to specify what release I’ll sign in exchange?
For a pre-suit motor-vehicle demand in Georgia, the type of release is a term the offer must address. A "Holt demand" is the common name for a time-limited policy-limits demand...
How does jury selection and voir dire work in a Georgia injury trial?
Jury selection is the process of choosing, from a larger group of summoned citizens, the panel that will actually hear the case. The heart of it is voir dire, the...
Can a Georgia release bar claims for injuries I didn’t know about when I signed?
A broadly worded release can bar later claims for injuries that were unknown when it was signed, which is one of the most consequential features of settling. In Georgia, a...
Can a defendant be liable when more than one cause contributed to my injury?
A defendant does not avoid responsibility just because something or someone else also helped cause the harm. Georgia law recognizes that injuries often have several contributing causes, and a careless...
Why would my lawyer file a lawsuit instead of continuing to negotiate in Georgia?
Filing suit is often a strategic choice rather than a sign that talks have failed. In Georgia, several practical and legal pressures can make litigation the better path even when...
How can the defense try to exclude my expert witness in Georgia?
The defense usually tries to keep an expert off the stand by challenging whether the testimony meets Georgia's reliability standard. That standard lives in O.C.G.A. § 24-7-702, and a challenge...