Have you suffered a personal injury that was the fault of another person or business? A personal injury is a physical injury (sometimes an emotional injury) that was caused by another person or business whether through negligence or intent. Personal injury is part of “Tort” law, a branch of civil law.
A personal injury can be physical or, in some cases emotional in nature. Anyone who has suffered a personal injury due to the negligence of another person or company is entitled to receive financial compensation for medical bills, pain & suffering, loss of income, and sometimes even loss of quality of life.
Sometimes punitive damages may also be a pertinent part of a personal injury claim. Punitive damages are sometimes awarded to the injured party (plaintiff) in order to punish the defendant when the injury they received was because of outrageous misconduct or behavior that was intentional or malicious and without regard for the injured party. In addition to punishment, punitive damages are also intended to deter any future misbehavior from the defendant and anyone else in a similar circumstance who might be inclined to such bad conduct.
Several requirements must be fulfilled to pursue a personal injury claim.
In order to qualify for a personal injury claim you must establish that the negligent party breached their duty of affording you a reasonable standard of care. For example, when we drive a car we have a duty of care toward others we share the roadway with that includes obeying the rules of the road and not driving in a careless or negligent manner. The injured person must also be able to prove that their injury was caused by another person or business through negligence or carelessness of their duty to the standard of care. In addition the injured person must be able to show that their injury was the direct result of the other party’s failure to exercise the reasonable standard of care.
The injured party has the burden of proving the breach of the duty of care, that their injury was caused because of this breach of care, and that their injury was the direct result of this breach of care. Injury law can be complicated by different circumstances and there is no guarantee that the injured party in a personal injury lawsuit will always prevail in recovering compensation from the responsible party.
Personal injury claims include:
Motor Vehicle Accidents – We investigate the causes to find any negligence and build a case to help recover compensation for losses suffered by the injured party. Motor vehicle accident claims may include:
- Car and truck accidents
- Motorcycle accidents
- Boating accident
- Bus, train, airplane & public transportation accidents
- Pedestrian, bicycle accidents caused by motor vehicles
Premises Liability – Any dangerous conditions on both private and commercial property such as inadequate security or poor maintenance which can lead to serious injury when those conditions are not addressed by the property owner may result in premises liability. The owner and/or manager has a responsibility to maintain their property so that there is no danger for visitors or guests. Premises liability may include:
- Slip and fall
- Falling merchandise
- Negligent security resulting in assault, mugging, rape
- Inadequate training or supervision of employees
- Drowning & pool accidents
- Poor building maintenance
Product Liability – Poor design, defective material, inadequate warnings and other problems with consumer products may cause injury. Manufacturers, distributors and sometimes retailers may be held responsible for compensation for injuries caused by dangerous products. Cases for product liability may include:
- Dangerous consumer products
- Dangerous children’s products & toys
- Automobile defective design & parts
- Prescription & over-the-counter products
- Failure to warn or inadequate warning on a potentially dangerous product
Medical Malpractice – Physicians, medical professionals, and hospitals can be held liable when they are negligent and/or fail to meet the standard of care toward their patients required by their profession and it results in worsening of illness, injury or death. Medical malpractice cases may include:
- Medication errors
- Surgery errors
- Birth injuries
- Diagnosis errors
- Anesthesia errors
Nursing Home Neglect – Residents in nursing homes are vulnerable and dependent upon their caretakers to provide for their care and needs. When a resident has been mistreated, neglected, or abused by staff it can lead to serious injury and death. Types of nursing home cases include:
- Bed sores
- Broken bones or fractures
- Weight loss or dehydration
- Restraint injuries
- Wandering, elopement
- Medication errors
- Misdiagnosis, failure to diagnose
- Physical, verbal or sexual assault or abuse
- Financial exploitation
Dog Bite & Animal Attacks – Injuries from dog bites and animal attacks can be very serious. Adults and children especially can receive injuries from dog bites which include disfiguring facial injuries, puncture wounds, lacerations, broken bones and more which can require costly medical care. Plastic surgery may be needed as well as rabies treatment and on top of the physical trauma they also may have significant emotional trauma. Georgia dog bite laws favor the dog owner so it is vital to get help for a dog bite from an experienced personal injury attorney.
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