Personal Injury

Personal injury law allows an injured party to make a monetary recovery for all special and general damages caused by the negligent or intentional acts of another.   “Special damages” refers to actual expenses caused by the negligence or intentional act or event, such as medical bills or lost wages.  General damages include things like mental anguish, anxiety, pain and suffering.  Below is a list of various types of personal injury and related claims:

• Car accidents: There are many injuries and fatalities on Georgia roadways each year due to negligent driving, reckless driving, drunk driving, or a defective vehicle. Many car accidents involve big trucks or semi-tractors/trailers.
• Wrongful death cases: When a person dies or is killed due to the negligence or misconduct of another, a surviving family member or personal representative may sue for “wrongful death,” as prescribed by statute.  Damages include special and general damages, as well as the full value of the life of the decedent.
• Slip and fall injury (premises liability): Business owners have a duty to maintain their property, premises and approaches and keep them safe.  Customers, including the elderly, often sustain injuries when business owners fail to address or remove an injury hazard, or to properly notify their customers of the same.
• Products liability: Often, manufacturers or sellers place products into the hands of consumers which result in injury or death due to a manufacturing or design defect, or due to the failure to provide adequate warnings or instructions as to the proper use of the product.
• Assault and battery cases: Physical attacks, or other intentional acts, may result in serious injuries which can lead to physical injury and psychological trauma.
• Workplace injuries (worker’s compensation): Employers are expected to meet specific health and safety criteria to ensure a safe and secure work environment.  However, if an employee is injured during the course and scope of employment, resulting in medical treatment, lost time from work and/or permanent injury or impairment, a worker’s compensation claim is likely their exclusive remedy, regardless of fault.
• Animal attacks (dog bite cases): Dog bites are the most common type of animal attack, which can lead to severe injury, trauma, disability, scarring, disfigurement, emergency medical treatment, hospitalization, high medical bills, and/or lost wages.
• Food poisoning: Contaminated food can be highly risky and with recalls occurring quite frequently, companies can be held to be liable for selling or producing a contaminated or defective food product that causes injury, illness, or death.
• Medical malpractice: Medical malpractice occurs when a hospital, doctor, or other professional health care provider, through a negligent act or omission, causes an injury to a patient. Severe injury can result from errors in diagnosis, treatment, aftercare, or health management.

If you or a loved one have sustained a personal injury or wrongful death, contact us today to schedule an appointment – 478-987-1415

• Call 911. No matter how minor your accident or injuries may seem, it is best to report any accident to the proper authorities to document the incident.
• Take pictures of the scene, involved vehicles, your injuries, etc., as these may be needed to prove your injuries to an insurance adjuster or a jury.
• Seek medical attention. Call 911 and seek emergency medical treatment as needed for acute injuries.  If you think you may have been injured, you should be checked by a doctor for assessment and documentation of the accident-related injuries.  Be sure to inform all medical providers that you have been in an accident.
• Call a personal injury attorney. The list of personal injury attorneys can be overwhelming so make sure to contact a reputable firm to take care of your legal needs.
• Consult with your family doctor for any ongoing accident-related symptoms. Consider chiropractic or orthopedic care for treatment of spinal injuries or trauma.  (Doctors will sometimes treat a client in exchange for a lien against the claim from the client’s attorney.)
• Follow your doctors’ recommendations and do what is necessary to obtain appropriate treatment for all accident-related injuries— get yourself well!
• Take notes and maintain information for your case. For example, keep receipts for injury-related expenses, and records of missed time from work. Keep a journal of accident-related activity (including travel/mileage).
• Submit a claim. Once your injuries are treated and fully assessed, your attorney should send a formal demand to the at fault party or their insurer.
• File a lawsuit. In the event your claim cannot be settled by agreement, you will need to timely file a lawsuit, seeking a verdict or judgment for the full value of your damages, and requiring the at fault party or his insurance company to pay!

The statute of limitations for filing a lawsuit in a personal injury case is typically two (2) years from the date of the subject accident or event. In some instances, the limitations period is longer, or it can be “tolled” until the injury is discovered. Also, the statute of limitations will likely be tolled if the plaintiff was a minor or mentally incompetent when the accident/injury occurred.

Georgia recognizes contributory negligence, meaning a plaintiff may only recover damages if he or she is less than 50% responsible for the injury. Negligence on the part of the plaintiff does not prevent the recovery of damages, but the recovery may be reduced based on the comparative negligence of the plaintiff.

• Traffic accidents (car wrecks and big truck/semi tractor trailer wrecks)
• Slip and fall accidents
• Dog bites, Assault and battery cases
• Work and job-related injuries
• Premises liability
• Negligence cases
• Products liability claims
• Medical malpractices cases
• Road wreck cases
• Bicycle accidents
• Pedestrian accidents