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How Does the Insanity Defense Work in Georgia?

By Hawkins Spizman |

Television crime dramas are often fond of portraying the insanity defense. In the eyes of many people, “pleading insanity” is seen as a loophole exploited by a guilty defendant to escape punishment for their actions. But the reality of the insanity defense in Georgia is far more complex. Take this recent decision from the… Read More »

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Georgia Court of Appeals Upholds $10.1 Million Medical Malpractice Verdict

By Hawkins Spizman |

In any Georgia personal injury case, the trier of fact must decide the plaintiff’s damages. When it comes to compensation designed to make the plaintiff whole, an award is divided into economic and non-economic damages. Economic damages are usually fairly simple to calculate, as they reflect a plaintiff’s out-of-pocket losses, such as the medical… Read More »

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How “Constructive Possession” Can Lead to Drug or Gun Charges in Georgia

By Hawkins Spizman |

There are many criminal offenses, such as those involving drugs or firearms, where a person may be found guilty based solely on possession. And possession can mean either actual or constructive possession. Actual possession means you have direct physical control over the contraband. Constructive possession essentially means you have the ability to exercise control… Read More »

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PILawyer4

How “Loss of Consortium” Claims Work in Georgia Personal Injury Cases

By Hawkins Spizman |

When the plaintiff in a personal injury lawsuit is married, it is not uncommon for their spouse to join the case as a co-plaintiff seeking damages for “loss of consortium.” This is a type of non-economic damages recognized under Georgia law. Damages for loss of consortium are meant to compensate the spouse for the… Read More »

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Injury6

Why Should You Never Directly Negotiate with an Insurance Company By Yourself?

By Hawkins Spizman |

“Why do I need a lawyer? The other driver’s insurance company will pay for my losses.” This is a common sentiment we hear from many people who have been injured in a car accident. There is an assumption that insurance will simply take care of any medical bills or other damages. So why go… Read More »

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Question

Can I Be Court Martialed for a DUI in Georgia?

By Hawkins Spizman |

A drunk driving arrest often has consequences that extend beyond any criminal charges. For example, if your boss learns of your arrest, you may be fired or face disciplinary action at work. And if your job happens to be an active duty member of the armed forces, you might even face a court martial…. Read More »

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Theft2

Is It “Burglary” If You Take Something From an Abandoned House?

By Hawkins Spizman |

The terms burglary and theft are often used interchangeably even though, legally speaking, they refer to different criminal acts. Burglary means entering (or remaining within) a building with the intent to commit theft or another felony. The theft itself is a separate crime. So you can be charged with burglary if you are caught… Read More »

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PI_Law5

Are There Limits on Compensation in Georgia Personal Injury Cases?

By Hawkins Spizman |

In personal injury lawsuits, the plaintiff’s goal is to obtain damages from the defendant. In this context, damages equal money. Since personal injury claims are civil in nature, the defendant will not go to jail or face any loss of their liberty. But the court can order a defendant to pay financial compensation to… Read More »

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How Long Do You Have to Serve a Car Accident Lawsuit in Georgia?

By Hawkins Spizman |

From the moment you are injured in a car accident, there is a proverbial clock ticking. This clock is Georgia’s two-year statute of limitations to file a personal injury lawsuit. Within this timeframe, you need to identify the defendant or defendants and serve them with your lawsuit. Failure to do so generally means a… Read More »

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WrongfulDeath

How Do You Value a Wrongful Death Claim in Georgia?

By Hawkins Spizman |

A wrongful death lawsuit allows the relatives of a deceased person to seek compensation from those persons or legal entities responsible for their loved one’s death. In this context, compensation is meant to cover the value of the life of the deceased. But what exactly does this mean? And how do you actually value… Read More »

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