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Articles Posted in Attorney fee awards in trucking cases

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What to do after a truck crash

A family member was killed or catastrophically injured in a crash with a big truck. Now it is your responsibility to decide how to proceed. What should you do? Act quickly. The trucking company and its insurance company may use any delay to “lose” or delete critical evidence. Don’t let…

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Victims’ Families Need Time to Grieve, Should Report Ambulance Chasers

The families of the Georgia Southern nursing students killed or injured this week when a tractor trailer ran over them on I-16 bear a huge burden of pain and grief. As a parent, I cannot imagine anything worse than the sudden death of a child who has had you wrapped…

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Attorney fee award under § 13-6-11 is question of fact, not merely question of law

In trucking accident personal injury litigation in Georgia, plaintiffs often assert a claim for attorney fees and expenses of litigation including attorney fees under O.C.G.A. § 13-6-11, which was enacted as part of the Code of 1863. A decision this week by the Georgia Court of Appeals relied on existing…

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Truck accident trials in Georgia – attorney fee claim may be worth more than punitive damages

In trucking accident cases in Georgia, one interesting legal twist is that punitive damages are tried in the second phase of a bifurcated trial, are subject to a “clear and convincing evidence” standard and are generally capped at $250,000. But the same conduct that would support punitive damages can support…

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