Personal injury cases are a wide-reaching part of the law, often serving as a bridge between the minor accidents which happen to people every day and the major court cases we typically associate with disputes ending up in court. Many, many different situations qualify as a personal injury case, all centered around a person suffering some form of harm due to the negligence or wrongdoing of another. Whether it flows from a car crash, a bad slip and fall, a dog biting someone, or a doctor making an egregious mistake in a procedure, the personal injury lawsuit is about compensating the injured individual for their losses. In this spirited look at personal injury cases in general, we will examine what counts as personal injury cases, what laws make such cases special in Atlanta, why you should seek a personal injury lawyer in Atlanta, and help individuals on both sides of the case navigate the complex process of getting justice in court.
What Are Personal Injury Cases All About?
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The premise behind personal injury law is simple — it was made to allow people who have been hurt by someone else, without cause, to seek reparation for their hurt by the party that caused it. To describe it in a more concise and straightforward manner, a personal injury case is a situation in which a person is injured as a result of another’s actions, inaction, or negligence. This injury can be physical or mental in nature, and any reckless or careless act can lead to it. The following are some typical cases that normally fall under the personal injury banner:
- Car Accidents: Now, this is the type of personal injury case commonly seen. Say you are a pedestrian minding your business, and you are mowed down by a person driving over the speed limit. Or perhaps there has been an accident involving two cars, and the other party was drugged up or drunk. These instances would qualify as personal injury cases.
- Slip and Fall Accidents: Let’s suppose you are doing your weekly shopping at your normal store, then suddenly you find yourself hitting the ground hard, and that is because you slipped on some unknown liquid that a fellow shopper child spilled. Yes, the store may be at fault, and yes, you may have a case. This counts as the store being negligent.
- Medical Malpractice: Now, this is a terrifying example of a personal injury case because you would hope the medical professionals who are rummaging around in your body would not make mistakes, but alas, they are humans. Serious injury or death can result from any number of mistakes, miscalculations, or errors in judgment that can occur with medical professionals at any stage of patient care, from misdiagnosis to surgical errors to giving the wrong medication or incorrect dosage. In such a case, if you are still breathing and you find yourself suffering from something a doctor did to you, you have grounds for a personal injury case.
- Assault and Battery: This happens when people are struck or hurt by someone else, be it punching, slapping, choking, throwing objects, or being threatened. If you find yourself on the receiving end of any of these instances, then you can certainly bring a case against the perpetrator.
- Product Liability: Sometimes companies make defective products, be it cars, lawn mowers, heaters, and anything else that can hurt someone. Say a new heater in your home suddenly blows up without a cause and burns you then you can bring a case against the producer of said heater. If injury or death results from an accident involving a defective product, the company that made it and the store or chain that sold it can be held responsible.
What Makes Personal Injury Claims So Unique in Atlanta?
Laws and regulations are different depending on where you find yourself in the US of A. Atlanta is no different, and it has some pretty interesting quirks that must be known when you find yourself in the thick of a personal injury case. Georgia is a “fault” state, meaning that the responsible party owes compensation. However, the peculiar way of filing personal injury claims is taking another curve in Atlanta. Here are a few reasons how:
- Comparative Negligence: The state of Georgia goes by a replaced illegal rule for negligence concept– so even if the aggrieved party holds a certain amount of fault in the accident–she or he can still recover damages, as long as she or he is not 50% or more at fault. However, the aforementioned does make a case for sudden surprises, bringing a lot of new things to personal injury settlement negotiations.
- Statute of Limitations: The state also goes by a 2-year statute of limitations for personal injury claims. This means there is definitely a certain urgency present to both the aggrieved party and the defendant.
- Difference in Jurisdictions: Local laws will definitely have their hand in personal injury claims, either directly or indirectly, in and around different regions of Atlanta. And depending on where the injury happened you have to know these local laws or get a lawyer who practices in that area.
- Cultural Influence: Atlanta’s nature of being the melting pot of cultures is bound to have a considerable effect on personal injury claims. Local customs and ways in which citizens perceive the situation can often affect personal injury claims and settlements.
The Two Sides Of Personal Injury Cases
There are two sides to every personal injury case — the person (or people) who has been wronged and the person (or people) who are alleged to have wronged them. To navigate such a complex legal landscape, one must be properly acquainted with both sides of the coin.
The Accuser
The injured party seeking damages or compensation. If this is you, follow these steps:
Go To The Doctor
Get medical care as soon as possible. Say you fell because of a spill on the floor. Hopefully, all you have is a bruised ego, and you can jump up and brush it off, but sometimes, this fall can result in a really bad injury, like slamming your head or tailbone. This kind of injury may have some long-lasting effects. So it is in your best interest, not only for your health, but to establish proof of the injuries you sustained while supporting your case.
Gather Evidence
The name of the game when it comes to personal injury cases is being armed to the teeth with evidence that proves you were wronged and someone caused you to get hurt. So, if you were in a car accident, take a ton of photos of the scene. Go to the doctor and get detailed medical reports that show your faculties were welcome and were not impaired by alcohol or drugs. Talk to some people who were around and get their information. And finally, there are cameras everywhere nowadays, so maybe get the footage from the person who was recording the incident.
Find A Dependable Lawyer
While trying to handle a personal injury case on your own might sound like a great idea, it is not. Quite frankly, it doesn’t matter how many legal shows you have watched; you are not a lawyer. You have to go toe to toe with possible corporations and insurance companies who have enough resources to put you in the ground. You need a lawyer, and here is how you select one.
- Experience: Look for a lawyer who has several years’ worth of cases under their belt.
- Reputation: Check online reviews and testimonials from past clients. This is essentially a crystal ball that allows you to see your future with the lawyer.
- Good Communication: You want a lawyer who responds promptly and takes the time to explain things to you.
- Cost: Determine how they get paid and how much you will be compensated for your injury.
- An Easy to Talk to Lawyer: You want a lawyer who can communicate complex ideas in ways you understand.
The Accused
The person or entity accused of causing the injuries. This can be an individual, such as a member of a car accident claim, or an organization, such as a business that failed to create or maintain a safe customer environment. If this party is you, follow the next steps:
Gather Evidence
Like the party accusing you, you should gather evidence. An investigator can pull fact-gathering and potentially locate eyewitnesses who can verify your recollection of events.
Have Insurance
A business should have every kind of insurance available. You have a ton of employees or clients who could get injured on the job. And sometimes this could be due to your practices and sometimes not. Not having insurance will probably cost you more when you have to pay out of pocket when the inevitable happens.
Hire A Lawyer
Consult a personal injury lawyer of your own and follow the above steps to verify that they are best for your type of case.
- Specialization: Ensure your lawyer specializes in personal injury.
- Results: Look at their win/loss record and settlement amounts.
- Accessibility: You should feel comfortable communicating openly with your lawyer.
- Costs: Clarify how fees will be handled upfront.
- Trial: Has this attorney taken personal injury cases to court for trial? If so, the results may favor you against the allegations made.
Successfully Handling a Personal Injury Case
Personal injury is both avoidable and unavoidable, depending on the circumstances. Sometimes, a person may wind up injured due to some unfortunate set of circumstances that just seem to be an act of god. While for some, negligence is the root cause of a personal injury that will follow the affected party for years to come For example, a store that does not take care of spills on their premises. A driver who mixed alcohol with medication or a doctor who wasn’t careful enough. In both these instances, the injured person is well within their rights to have their day in court, and the accused deserves to defend themselves. With both parties, there is a lot to navigate, and one thing that both must do without fail is get a good lawyer on their side to help with their personal injury case.
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