Fee-shifting under this statute depends on comparing the final judgment to a rejected settlement offer and seeing whether the result crosses a set percentage line. O.C.G.A. § 9-11-68 uses two...
When a person sues for physical injuries, the medical records that document those injuries usually become discoverable. Georgia's discovery rules allow each side to obtain information relevant to the claims...
The gatekeeper role is the trial judge's duty to screen expert testimony before the jury hears it. Under O.C.G.A. § 24-7-702, the court decides whether a proposed expert opinion is...
Interrogatories are written questions one party sends to another during discovery, and the receiving party must answer them under oath. In Georgia, a party served with proper interrogatories generally is...
Georgia departs from the usual rule that each side pays its own lawyer by letting a formal settlement offer trigger fee-shifting if the other party rejects it and then does...
Spoliation is the destruction, loss, or material alteration of evidence that a party knew or should have known was relevant to litigation. In Georgia, a duty to preserve such evidence...
Within limits, yes. Georgia's motor-vehicle settlement statute lets a pre-suit demand specify how and by when the policy limits must be paid, and an insurer that wants to accept generally...
Having a pre-existing condition does not bar recovery in Georgia. The task is to separate what the accident changed from what already existed, and to show that the crash caused...
An accident reconstruction expert is most useful when how a crash happened is genuinely disputed and the answer depends on physical evidence rather than plain observation. In a clear case,...
Expert witnesses are deposed so that neither side walks into trial blind to what a specialist will say. In Georgia injury cases, experts such as accident reconstructionists, treating physicians, and...