Personal Injury

Home/Personal Injury

Dangerous Conditions on Owner’s Property and Personal Injury Law

There are many safety risks that can arise on private or public property, and owners have a legal obligation to keep their visitors safe.

Injuries resulting from unsafe conditions can range from minor cuts and bruises to more serious injuries that lead to lasting disabilities or even death.

Understanding the duty of care that property owners have and the laws related to premises liability helps you get compensated for injuries and other damages in a court of law.

When Property Becomes Dangerous

Not all safety risks can be prevented. So it’s important to understand when a property owner can be held liable for your injuries.

Common factors that make properties dangerous include poor or inadequate maintenance and repairs, faulty construction or design, and the use of substandard or defective materials.

You can seek compensation for injuries when the negligence of property owners or managers contributed to the accident that led to your injuries. This breach of the duty of care is at the heart of most personal injury cases.

Accidents can occur on residential, commercial, and public property. They include slips and falls, falling debris, and exposure to toxic materials among others.

Liability for Dangerous Conditions

Working with a personal injury attorney helps you establish liability in your case, and there are many factors that demonstrate negligence in a personal injury case.

Courts may consider the visitor’s status when determining if they’re eligible to receive

Property Owners and Their Duty of Care in Keeping Visitors Safe

Property owners have a duty to keep their buildings’ occupants, employees, and visitors safe from harm.

They must complete ongoing maintenance and repairs to prevent the accidents that lead to serious injuries or death.

If you’ve been injured on someone else’s property, you may be entitled to receive compensation for the damages resulting from an accident.

You can recover lost wages, medical expenses, and other losses that can impact the wellbeing of you and your family.

What is the Owner’s Duty of Care?

A duty of care is essential to demonstrating a property owner’s negligence and its role in causing your injuries.

The duty of care is a legal responsibility that exists in the workplace, home, retail businesses, roadways, public spaces, and other settings.

Accidents that lead to injuries or death occur when property owners fail to keep entryways, stairs, and other areas safe.

But the responsibility of the property owner is only limited to reasonable measures that prevent predictable injuries.

This includes repairing broken or missing handrails, installing lighting, and removing obstructions that could cause injuries.

Not all dangers can be avoided. So understanding how negligence and the duty of care apply to your injuries is critical to the success of your legal claim.

What is a Property Owner’s Responsibility

Property owners breach their duty of care when their negligence leads to a risk of injury. Premises liability cases result from

Injuries That are Caused by Another Person’s Negligence

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
  • Falls
  • Injuries from the use of defective products
  • What is Strict Liability in Personal Injury?

    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

Summary Judgments and Their Impacts on Your Personal injury Case

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

What You Need to Know When Your Insurance Company Represents You In Court

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

What Is a Statute of Limitations and Why Does It Matter to Your Personal Injury Claim?

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

How Civil Laws Are Different From Criminal Laws…and What it Means in Your Personal Injury Claim

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.

In criminal

What to Expect When You Settle Your Personal Injury Case Instead of Going to Trial

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.

What Happens When You Go to Trial and Don’t Settle Out of Court?

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