When someone suffers an injury due to another’s actions, it’s not just the physical pain that affects them. The ripple effects can touch every aspect of their life, from financial stability to emotional well-being. In such challenging times, understanding how the law works to compensate for these losses can offer a glimmer of hope. The legal system recognizes two main types of damages in personal injury cases: compensatory and punitive damages. These legal mechanisms aim to restore balance, offer relief, and ensure justice for those wronged. Compensatory Damages: Restoring What Was Lost At the ..read more

Today the United States Supreme Court is hearing oral arguments in Case No. 23-235 FOOD AND DRUG ADMINISTRATION V. ALLIANCE FOR HIPPOCRATIC MEDICINE,   a case in which certain physicians have sued the FDA alleging permitting the use of Mifepristone violates their rights. Much of the oral argument focuses on “standing,” i.e., whether these physicians even have the right to bring such a case against the FDA. I am listening right now live to the the SCOTUS oral arguments and even the super Conservative Justices seem extremely skeptical about standing.  Here are the questions prese ..read more

When you’re hurt because someone else was negligent, it’s not just about the physical injuries. Personal injury law accounts for the mental toll—what we call emotional distress or mental anguish—is just as real. Whether someone did something wrong on purpose or just wasn’t paying attention, if it left you dealing with psychological pain, that matters. Although your anguish is quite real, proving it in court is another story. You need solid proof of how deep the hurt goes and how it’s impacted your life. It’s not just about saying you’re stressed or upset; it’s about showing the real impact of ..read more

By now we have all heard of the Alabama Supreme Court decision holding that frozen embryos are “unborn children” under Alabama State Law. This was the holding in LePage v. Center for Reproductive Medicine, issued on February 16, 2024. Although much hay was made out of a concurring opinion that quoted the Bible extensively, the primary opinion was based squarely on Alabama State Law only, specifically the Alabama Wrongful Death of a Minor Act. You can read the full, actual opinion here.  In LePage, three couples had their frozen embryos destroyed in an incident at a fertility clinic. The ..read more

In a Georgia courtroom, the path to justice in a personal injury case unfolds through a series of critical stages, each carrying profound implications for the case’s outcome. From the meticulous selection of an unbiased jury to the final delivery of the verdict, every step in a jury trial is pivotal. The key to facing this challenge is understanding what happens in a courtroom during a jury trial. Jury Trial Process The jury trial process in Georgia follows a structured series of steps, each critical to the case’s outcome. It starts with jury selection, known as “voir dire.” Here, attorneys f ..read more

On Thursday, Feb. 8, Georgia Tech’s Ivan Allen Jr. Prize for Social Courage will be presented to Retired Justice Robert Benham.  There is not a more worthy recipient. I have admired Justice Benham for my entire legal career, spanning 35 years now. I highly recommend you listen to an interview of Justice Benham by University of Georgia Professor Paul Kurtz on Youtube. It is fascinating. Back in 2013, when I was President of the State Bar of Georgia, I had the distinct honor of giving remarks at the 14th Annual Justice Robert Benham Awards for Community Service.  That’s right. The Sta ..read more

The perception of bullying has evolved significantly over the years. Once considered a normal part of growing up, it is now recognized as a potential cause of severe and lasting trauma. In the realm of personal injury law, particularly in Georgia, bullying is not just a schoolyard issue but can be a legal matter, especially when it results in intentional infliction of emotional distress (IIED) or even physical harm. Understanding IIED in the Context of Bullying Bullying can sometimes be a basis for an IIED claim under personal injury law. To establish an IIED claim, the victim must demonstrate ..read more

As many of you know, since 2012 when I became President of the State Bar of Georgia and after a dear friend of mine, who was a Past President of the State Bar, killed himself, I made suicide prevention for Georgia Lawyers one of my causes to which I devoted my time and resources to promote. We began with “How to Save a Life,” a suicide prevention program for the Georgia State Bar, which, almost immediately, began saving lives. We reduced the stigma associated with seeking help for mental health matters, especially for lawyers. We increased the number of free mental health visits each Georgia ..read more

In Georgia, pedestrian accidents can lead to serious injuries, often requiring legal action to recover damages. Personal Injury Protection (PIP) plays a vital role in this process, providing necessary coverage for those injured in such incidents. Understanding the intricacies of PIP and how it applies to pedestrian injuries is crucial for anyone involved in a pedestrian accident in Georgia. Personal Injury Claims for Pedestrians Victims of pedestrian accidents may be entitled to compensation through a personal injury claim, which requires proving four key elements. First, the defendant or neg ..read more

Drive Safer Sunday is November 26 Senator Warnock (D-GA) and Senator Capito (R-WV) introduced and passed a bipartisan resolution to designate the Sunday after Thanksgiving as DRIVE SAFER SUNDAY.  The Sunday after Thanksgiving is one of the busiest travel days of the year, and it’s also one of the deadliest.  We are thankful that Senator Warnock and Senator Capito introduced this resolution to help raise awareness about the importance of safe driving, especially during the holiday season. In Georgia, there were 18 traffic crash deaths during the 2022 Th ..read more