Personal injuries resulting from negligence leads to devastating results for victims and their families. Demonstrating negligence is an important step in getting compensated for your injuries.
Consulting with a skilled personal injury attorney ensures that you have the legal strategy to win your case.
The following outlines the injuries that can result from negligence and how you can achieve compensation to recover from your injuries and restore your quality of life.
What is Negligence?
Negligence occurs when one party breaches a duty of care, which compels all people to ensure the safety of others in a given situation.
Driving laws are a common example of this breach of duty. The duty is breached when a driver’s reckless or negligent behavior results in a collision or other accident that causes injuries, death, or other losses.
Plaintiffs seeking compensation for personal injuries have to demonstrate the defendant’s negligence in order to achieve a successful outcome.
You must show the courts that the breach of duty led to your injuries. Other damages include loss of income and future earning capacity, medical expenses for short-term and long-term care, and property damage.
Personal Injury Accidents and Injuries
The following are some of the events that lead to personal injuries:
- Automobile accidents
- Medical malpractice
- Injuries from the use of defective products
Strict liability is a critical element in many personal injury cases. It applies to the ways in which negligence influences the outcome of a case and the compensation that’s granted to plaintiffs.
Personal injury cases consist of one party seeking compensation for injuries and other losses. In cases involving strict liability, whether the defendant acted negligently or not is irrelevant.
Understanding strict liability and its role in your legal claim helps you develop the right strategy to get the compensation you need.
Strict Liability in Georgia
Most personal injury claims require plaintiffs to demonstrate how a defendant’s negligence resulted in the losses they sustained.
But in some cases, a defendant may be found liable due to their position instead of any actions they took or failed to take.
Strict liability is a legal standard in which one party is deemed responsible for losses resulting from an incident that caused harm to another person. It’s not dependent on the presence of fault or the intent to harm the other party.
Common examples include the liability involved in manufacturing, high-risk activities, and animal ownership. Statutory rape is one example where strict liability is applied in a criminal case.
Strict Liability in Personal Injury
If strict liability can be applied in your personal injury case, you and your attorney can implement a legal strategy that holds a defendant liable without having to demonstrate intent.
In personal injury
Personal injury claims can lead to complex and lengthy legal processes. This is especially true when you don’t have the best legal resources at your side.
Personal injury cases involve many steps needed to achieve the outcome you want. Summary judgments are an important part of this process and can impact the compensation you receive.
The following helps you understand the role of summary judgments so that you get compensated for your injuries and other damages.
What is a Summary Judgment?
A summary judgment is a motion (request) made to the courts to resolve key points in a case without having to take the case to trial.
Issues that are resolved through summary judgments include the total damages that occurred, liability, and other factors related to personal injury cases.
A summary judgment may also be applied in order to resolve your claim entirely. But the part requesting the summary judgment must demonstrate that the facts related to the case can’t be disputed.
This prevents certain issues from having to go before a judge or jury and saves time, money, and other resources that would otherwise be used when resolving them through a trial.
Your attorney will help you obtain a summary judgment by gathering any evidence that supports your motion. This includes physical evidence, police reports, witness testimony, medical records, and others.
Opposing a Summary Judgment
You may need to oppose
Having the legal resources you need is critical to achieving the outcome you want and preventing losses in a civil case.
Insurance providers must represent their clients in legal complaints. The “duty to defend” is typically included in the terms of the insurance policy, and it gives you additional protection in Georgia courts.
Knowing what happens when your insurance company represents you is the first step to protecting your legal rights.
Understanding the Duty to Defend
Insurance companies must protect their clients. But this isn’t limited to the compensation they may receive when they’ve been injured in an accident.
Your insurance provider may be required to defend you in a court of law should you find yourself on the receiving end of any legal action from another party.
Often referred to as a “duty to defend”, this obligation requires the insurance company to provide legal representation to defend you against a lawsuit under certain circumstances.
The insurer must cover costs related to legal proceedings and any award granted to plaintiffs. But this only applies in cases that qualify under the terms of the insurance policy.
If the circumstances related to a complaint don’t fall under the terms of coverage, then the insurance company isn’t obligated to provide legal representation.
When The Insurance Company Has a Duty to Defend You in Court
An insurance policy’s duty to defend clause favors the
Personal injury claims help victims receive compensation for damages such as pain and suffering, loss of income, and damage or loss of personal property. But knowing how to legal action is essential to getting the compensation you deserve.
A statute of limitations restricts your ability to file a legal claim after a certain period of time. It protects individuals from legal action while ensuring that victims take action while they have the evidence needed to support their claims.
Knowing how a statute of limitation works and why it matters will help you get the outcome you want and obtain the compensation you deserve in your personal injury case.
Understanding Statute of Limitations
A statute of limitations is simply a time limit on the ability to file a legal claim against another party. In Georgia, there is a two-year statute of limitations for cases involving personal injuries.
Other cases involving damage to personal property and trespassing carry a four-year statute of limitations. There may also be a difference in time restrictions relative to state and federal courts.
In criminal cases, Georgia law imposes a two-year statute of limitations for misdemeanors while more serious charges such as murder have no time limit.
A statute of limitations gives plaintiffs the time they need to gather evidence to support their case. But it prevents them from taking action long after evidence has been destroyed or when witness testimonies become
Personal injury cases are governed by civil laws. But civil lawsuits differ from criminal cases in many ways. Knowing the difference between the two helps you file a successful legal claim.
Your personal injury attorney will provide you with the resources you need to get compensated for your injuries, property damage, and other losses.
The following helps you understand how civil laws differ from criminal laws so that you prepare your case accordingly and get the outcome you need to recover from your injuries.
Civil and Criminal Laws in Georgia
The primary goal of civil lawsuits is to seek amends or redress for some wrongdoing. Restitution for any property that has been stolen or lost is an example of the redress that civil litigation can provide.
Plaintiffs may receive compensation as a way to right the wrong that occurred as a result of some action or negligence of another party. Unlike criminal law, civil suits do not seek to punish the defendant.
In addition to personal injuries, civil law deals with the loss or harm to a person. Defends are either found liable or not liable for the losses sustained by the plaintiff.
The primary purpose of criminal laws is to punish the guilty party for the wrongdoing that was committed. It serves as a way to deter others from committing the same acts while protecting the interests of the public.
Settling a personal injury case can get you the compensation you need quickly. A settlement allows you to avoid a lengthy (and often costly) legal battle.
But settling your case isn’t the best option for everyone, and you need to weigh the benefits and limitation of settling or taking your case to trial.
Working with the right personal injury attorney helps you determine the strategies that lead to maximum compensation so that you recover from your injuries and recover all losses.
When Should You Settle Your Case?
The majority of cases settle out of court and avoid the trial process even when a trial may lead to a larger amount of money for the plaintiff.
Managing legal risks is one of the best ways that your personal attorney can help you secure compensation.
There’s always a chance that you could lose in a trial. This could leave you with no compensation and the burden of expensive legal costs.
But even if you have enough evidence to support your claim, you may still receive a higher award even without going to trial.
Your attorney will help you determine the value of your case and your chances of obtaining a successful outcome.
Appeals and other actions can delay the trial process and add to the overall legal costs. This keeps you from getting the medical care you need or recovering any lost wages sooner than later.
Most personal injury cases settle out of court. This minimizes legal costs and makes it easy to get compensation for your injuries. In some cases, a settlement can’t be agreed upon, and your case may go to trial.
But what should you expect when you go to trial? How can you ensure that you get the compensation you need without paying out huge legal fees?
Consulting with a personal injury attorney should be the first step in getting compensated for your injuries and other damages. The following helps you understand the trial process and prepare a successful personal injury case.
Why Personal Injury Cases Go to Trial
Personal injury cases are usually settled out of court. Businesses, insurance companies, and other defendants may want to avoid the cost of going to trial. So they typically offer a settlement to compensate plaintiffs.
But there are reasons why a case may not settle. If the plaintiff is seeking a significantly large compensation, it may be in the best interest of the defendant to pursue a trial.
The defendant may think that you won’t be granted compensation in a trial or that its cost would be less than the settlement you’re after.
They may also deny liability for your injuries. If they believe that the evidence supports their claim, then they may be willing to argue against you in a court of law.
As the plaintiff, you may believe
The death of a loved one has wide-reaching effects on those they leave behind. In addition to the emotional devastation, wrongful death results in significant financial challenges for surviving family members.
Getting the compensation you and your family need is critical to moving forward after a wrongful death case. But it can be a difficult process to navigate without the proper legal resources.
Working with a personal injury attorney experienced in wrongful death cases in Georgia gives you the financial resources you need to protect your family.
Wrongful Death Claims in Georgia
Surviving family members are often unsure of where to begin after the death of a loved one resulting from the negligence of another party. Wrongful death cases are unique when compared to other legal claims involving non-fatal injuries.
Choosing the right legal professional plays a big part in your ability to obtain compensation and maximize the amount you are granted by the courts.
Under Georgia state law, wrongful death consists of the death of an individual that resulted from any criminal, negligent, reckless, or intentional acts of another party.
Wrongful deaths can be caused by other individuals, businesses, and other entities.
When a person or organization fails to demonstrate “reasonable care” and causes harm to another person, family members can hold them accountable for their negligence.
The following are examples of individuals who may file a wrongful death claim in Georgia
Accidents result in injuries that vary in their severity and the impact they have on your physical, emotional, and financial wellbeing. The most severe injuries can lead to the loss of limbs, permanent brain damage, and death.
Catastrophic injuries affect entire families. Individuals are left unable to earn an income while having to pay for costly medical treatments over time.
Understanding the lasting impact of catastrophic injuries can help you determine the best legal strategy for getting the compensation you need and deserve.
Why Catastrophic Injuries Are Unique
Catastrophic injuries must be treated through the use of specialized medical treatment. Areas affected by catastrophic injuries include the brain, spinal cord, vital organs, joints, and muscles.
These injuries can result from accidents occurring in the workplace, at home, or in a public space.
Secondary health issues can also arise over time after you’ve experienced a serious injury. This further adds to the need for extensive and costly medical care.
The lasting effects of catastrophic injuries include the following:
- Brain damage
- Chronic pain
- Loss of limbs
- Nerve damage
- Loss of vision, hearing, or speech
Some injuries may not be immediately apparent after an accident. Getting medical treatment as soon as possible is critical to achieving a faster recovery while gathering the evidence you