Blog – Page 33 – The Nye Law Group, P.C.

Understanding Medical Malpractice Damage Caps in Georgia

Posted on June 27, 2018April 6, 2023 by productionnye

When the Georgia Legislature enacted the Tort Reform Act of 2005, the broad package placed a $350,000 cap on noneconomic damages in medical malpractice claims. In Atlanta Oculoplastic Surgery, PC v. Nestlehutt, 286 Ga. 731, 733(2) (691 S.E.2d 218) (2010), the Supreme Court of Georgia concluded on that the noneconomic damages cap violated the right to a jury trial guaranteed under the Georgia Constitution.

Other damage caps do still apply to medical malpractice cases. Georgia Code § 51-12-5.1 establishes a cap of $250,000 on punitive damages in medical malpractice cases, although there are exceptions in cases involving particularly egregious negligence or intentional malice.

If you suffered severe injuries or your loved one was killed as the result of medical malpractice in Georgia, it is in your best interest to seek legal representation as soon as possible. The Nye Law Group represents clients all over Georgia. Call 855-636-9277 to have our firm provide a complete evaluation of your case during a free consultation.

Medical Malpractice Laws in Georgia

Georgia Code § 51-1-27 establishes the expected exercise of “reasonable degree of care and skill” by any person professing to practice surgery or the administering of medicine for compensation in Georgia. The statute provides a course of action for any injury resulting from a want of such care. Medical malpractice actions need to be filed within two years of the dates on which injuries or deaths arising from negligent or wrongful acts or omissions occurred, but this limit can be extended up to five years when an injury was not immediately evident. Under Georgia Code § 9-11-9.1, plaintiffs in medical malpractice actions are also required to file affidavits of experts competent to testify. The affidavit must specifically identify at least one negligent act, or omission claimed to exist and the factual basis for each such claim.

The complaints in any action must allege professional malpractice against a professional licensed by the State of Georgia, a domestic or foreign business entity, or any licensed health care facility. Some of the most common kinds of medical malpractice claims include, but are not limited to drug recalls, misdiagnosis, anesthesia errors, failure to diagnose, birth injuries, and lack of informed consent.

Find a Medical Malpractice Attorney in Georgia

Did you suffer serious injuries or was your loved one killed as a result of medical malpractice in Georgia? You will want to contact the Nye Law Group as soon as possible.

Try not to speak to any insurance company about your case until you have legal representation. Insurers know victims can be talked into accepting settlements that are much less than what they are entitled to because people will be tempted to believe they are gaining more by not paying a lawyer.

In truth, an attorney will be able to get you compensation for all of your past, present, and future needs. Furthermore, the Nye Law Group represents clients on a contingency fee basis, which means you pay our firm nothing unless you receive a monetary award. Call 855-636-9277 or contact us online to schedule a free consultation.

Understanding Product Liability Law in North Carolina

Posted on June 24, 2018April 6, 2023 by productionnye

Unlike many other states that apply strict liability standards to product liability cases, North Carolina General Statute § 99B-1.1 establishes that there is no strict liability in tort in product liability actions in the Tar Heel State. Product liability claims in North Carolina typically involved one of three theories: design defects, manufacturing defects, or failure to warn.

If you were seriously injured or your loved one was killed by a defective product in North Carolina, you should avoid speaking to any insurance company until you have legal representation. The Nye Law Group represents victims in communities all over the greater Charlotte area. Call 855-636-9277 to schedule a free consultation.

North Carolina Product Liability Cases

When a person is injured by a dangerous or defective product, he or she should immediately seek medical attention. Even if the injuries do not seem serious, you should still obtain the opinion of a medical professional as insurance companies will use any delays in treatment to argue a victim’s injuries are not as severe as he or she claims.

A person will want to make sure that the dangerous or defective product is not thrown away. Instead, the item that caused the person’s injuries should be stored in a safe location in which no other person will be harmed.

Chapter 99B of the North Carolina General Statutes sets forth various standards and defenses relating to product liability actions. North Carolina General Statute § 99B-4 provides that a manufacturer cannot be held liable for injuries when adequate instructions are provided for the safe use of a product.

Under North Carolina General Statute § 99B-5, a plaintiff needs to prove two things. First, they must determine that a manufacturer or seller failed to provide warning or instruction. Secondly, they must either show that, at the time the product left the control of the manufacturer or seller, the product created an unreasonably dangerous condition that the manufacturer or seller knew or should have known posed a substantial risk of harm, or that the manufacturer or seller became aware of or should have known of the product posed a considerable threat of injury after it left the control of the manufacturer or seller.

Every product liability action in North Carolina will require very substantive proof of the alleged design defect, manufacturing defect, or failure to warn. Another critical concern that victims in these cases need to keep in mind is two crucial statutes of limitations.

The traditional three-year time limit applies to injury claims based on injuries caused by another party’s dangerous or defective products. Another vital consideration though relates to the 12-year statute of repose in North Carolina which means that legal actions must be filed within a dozen years of a dangerous or defective product’s original purchase.

Find a Product Liability Attorney in North Carolina

Did you sustain catastrophic injuries or was your loved one killed by a defective or dangerous product in North Carolina? You will want to contact the Nye Law Group as soon as possible.

Our firm represents clients throughout the Tar Heel State. Our Charlotte personal injury attorney will fight to get you full and fair compensation. Call 855-636-9277 or contact us online to have our lawyer review your case and discuss all of your legal options during a free consultation.

How To Handle a Dog Bite Claim in South Carolina

Posted on June 23, 2018April 6, 2023 by productionnye

As friendly and fun-loving as most dogs are, their actions are always unpredictable. Certain canines may have a propensity to act violently toward others without provocation.

In Giles v. Russell, 225 S. Ct. 513, 180 S.E. (2d) 201 (1971), the South Carolina Supreme Court held that domestic animals are not presumed to be dangerous to persons. Thus, a victim is required to prove that a dog’s dangerous or vicious nature was known or should have been known to the owner.

This requirement is more commonly known as the “One Bite Rule,” and it allows owners to escape liability when dogs had no prior history of attacks.

If you or your loved one spend suffered severe injuries because of a dog bite in South Carolina, you will want to contact the Nye Law Group. Our firm assists dog attack victims and fights to get maximum compensation. Call 855-636-9277 to schedule a free consultation.

Handling a Dog Bite Claim in California

Many dog bite claims are resolved through a dog owner’s homeowners insurance policy. Victims should avoid speaking to a dog owner’s insurance company.

Insurers often present proposed settlements that are much less than what victims are entitled to. Furthermore, insurance company representative will often try to get victims to make damaging recorded statements that are used to reduce the values of claims later on.

In some cases, dog owners or insurance companies may argue victims provoked dogs. Do not attempt to explain otherwise without legal counsel.

Provocation is crucial because South Carolina Statute § 47-3-110 establishes that a dog owner is not liable when a person provokes a dog into attacking him or her. Damages in dog bite cases may include medical expenses, lost income, and pain and suffering.

Evidence can be critical in dog bite cases. Victims should be certain to get the contact information for all witnesses who saw dog attacks.

When a dog attack occurs on premises that are a shared area, then a landlord could be liable if he or she knew the dog’s dangerous tendencies. Certain dog attacks can cause very lasting psychological damage in some victims.

Insurance companies often downplay the potential harm caused and try to pressure people into accepting lowball settlements. Do not be deceived. You deserve all of the compensation you are entitled to for all of your past, present, and future medical bills, lost wages, and other damages.

South Carolina Dog Bite Attorney

If a dog bit you or your loved one in South Carolina, it is in your best interest to seek legal representation before speaking to any insurance company. You will want to contact the Nye Law Group as soon as possible.

Our Bluffton personal injury lawyer will fight to make sure you receive every last dime of compensation you are entitled to. He can provide a complete evaluation of your case as soon as you call 855-636-9277 or contact us online to schedule a free consultation.

Five Types of Nursing Home Abuse in Georgia

Posted on June 20, 2018April 6, 2023 by productionnye

Those in nursing homes are guaranteed certain rights under Georgia law. Article 5 of Chapter 8 in Title 31 of the Georgia Code is also known as the “Bill of Rights for Residents of Long-term Care Facilities.” The nursing home bill of rights essentially provides residents of long-term care facilities certain rights such as the right to retain and use personal property, the right to privacy, and the right to a cause of action against a facility for any violation of rights under Article 5.

When a resident or a family member of a resident believes that a long-term care facility has violated a provision of the bill of rights or otherwise committed nursing home abuse or neglect, the victim will want to quickly retain legal counsel, and you should contact the Nye Law Group as soon as possible. Call 855-636-9277 to schedule a free consultation.

Common Kinds of Nursing Home Abuse

The Georgia Division of Aging Services identifies the five types of abuse:

Physical Abuse — In addition to physical assaults of residents, physical abuse can also include other incidents that cause physical harm, including unnecessary use of restraints or food deprivation. Nursing home residents may be afraid to report aggressive employees so it’s vital visitors and families keep a look out for any signs of physical abuse.
Emotional Abuse — Employees may commit emotional abuse in many ways. Harassment, humiliation, and intimidation all constitute forms of emotional abuse, and many residents can be too ashamed to admit they need help, especially in the case of emotional abuse.
Financial Abuse — Nursing home residents can be victims of various kinds of financial exploitation, including having cash stolen, mismanagement of their accounts, or having their signatures used for other kinds of financial malfeasance. Many residents can be completely unaware of how their assets have been misappropriated.
Sexual Abuse — Some residents of nursing homes may be the victims of molestation, sexual assault, or other sex crimes. Similar to emotional abuse, victims of sexual abuse are often reluctant to share details about their experiences.
Neglect — Several nursing home resident injuries are the result of simple caregiver negligence. Assisted-living facilities may be liable when a resident is injured because of an employee’s failure to provide basic services or take certain preventive measures.

The Division of Aging Services also identifies self-neglect as another form of abuse but notes that self-neglect is not a crime.

It is important for family members with loved ones in nursing homes to know the signs of possible abuse and to not be afraid of investigating these situations further if abuse is suspected. You can file a complaint that will prompt a state investigation of a nursing facility or other long-term care assistance center, and your family could be entitled to compensation for medical expenses, pain and suffering, and other damages.

Find a Nursing Home Abuse Lawyer in Georgia

If your loved one has been the victim of any kind of nursing home abuse or neglect in Georgia, it is in your best interest to immediately seek legal representation. The Nye Law Group represents clients throughout Georgia.

Our firm has offices in Hinesville and Savannah. You can have our Georgia personal injury attorney review your case and help you understand all of your legal options when you call 855-636-9277 or contact us online to schedule a free consultation.

Understanding Wrongful Death Law in South Carolina

Posted on June 17, 2018April 6, 2023 by productionnye

A death that is caused by neglect, a wrongful act, or at the hands of another person or party is referred to as a wrongful death. A wrongful death lawsuit is different from a survival action, which is the personal injury action the deceased would have filed had he or she survived. Both wrongful death and survival actions must be filed by the executor or administrator of the deceased’s estate.

If your loved one was killed by another party’s negligence or wrongful act, you only have three years to file a legal claim. It is important to take immediate action because these accidents typically require extensive independent investigations. Failure to file a wrongful death claim within the statute of limitations will result in a court refusing to hear your case.

The Nye Law Group understands that families need time to grieve, which is why our firm handles all of the court appearances and legal paperwork deadlines for our clients during these extraordinarily difficult times. You can take advantage of a free consultation as soon as you call 855-636-9277 to schedule an appointment.

Filing a Wrongful Death Claim

While the executor or administrator of the deceased’s estate is the party that brings the lawsuit forward, damages awarded will be distributed to certain family members as designated by South Carolina state law. The primary beneficiaries are typically the deceased’s spouse and children.

When there are no spouse or children, a wrongful death lawsuit compensates the deceased’s parents. If the deceased has no living parents, a wrongful death lawsuit is for the benefit of his or her legal heirs.

Wrongful death lawsuits may stem from any one of a number of common accidents, including but not limited to:

Birth injuries
Medical malpractice
Car accidents
Motorcycle accidents
Mesothelioma
Nursing home abuse
Construction accidents
Medical malpractice
Truck accidents

The damages that may be awarded in a wrongful death case include funeral expenses as well as lost income the deceased would have provided. Certain awards, such as pain and suffering, can be more difficult to obtain in survival actions.

Do not let concerns about affording an attorney prevent you from retaining legal counsel. The Nye Law Group represents clients on a contingency fee basis, meaning you pay our firm absolutely nothing unless you receive a monetary award.

Find a Wrongful Death Lawyer in South Carolina

Was your loved one killed by another person’s wrongful act or negligence in South Carolina? You should make sure that you do not speak to any insurance company until you have legal representation.

Some insurers will quickly attempt to offer settlements to families in an effort to keep their cases out of court. These proposed settlements are often much less than what families are actually entitled to.

The Nye Law Group can fight to make sure that you receive all of the compensation your family needs and deserves after the death of your loved one. You can have our Bluffton personal injury attorney review your case and help you understand all of your legal options as soon as you call 855-636-9277 or contact us online to take advantage of a free consultation.

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