If you’ve been injured by the action or neglect of someone else, you may be able to sue for damages.
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A personal injury can be any kind of physical, mental or emotional harm caused by the action or neglect of another. If you have suffered such an injury, you may be able to file a lawsuit to recover damages from whoever is responsible for your injuries. We’ll work with you every step of the way.
It is critical that you see an attorney soon after your accident.
Personal injury claims must be brought within a specific period of time after your accident. This time limit varies from state to state, but it is usually three years or less. If there is not enough time left before the statute of limitations expires, an attorney may decide that he or she cannot get pre-filing work in time and refuse to take your case, so time is of the essence. You can call us today.
Common types of personal injuries include:
In most accidents there is an “at-fault” driver, a driver who was negligent or failed to control his or her vehicle. A claim can be filed against the at-fault driver’s insurance company. If the claim is not settled, a lawsuit must be filed against the driver. Generally, the insurance company will then hire a lawyer to defend its insured. Your lawsuit must be filed within two years of the date of the collision.
Pedestrians have the right-of-way in a crosswalk, but must otherwise yield to traffic. Still, once a driver becomes aware of the presence of a pedestrian, he or she is required to take appropriate action to avoid a collision. If you’ve been hit by a motor vehicle through no fault of your own, you may have a case.
The owner of any premises open to the pubic, such as a store or restaurant, has a responsibility to act reasonably to keep the premises safe. Depending upon the nature of the business, the owner may have a duty to inspect and clean the premises regularly in order to meet their obligations. If you have slipped or fallen on a substance left on the floor, the owner will only be liable if he or she knew, or should have known, of the presence of the substance. If the owner inspected or cleaned the area shortly before the fall, the owner may escape liability and you may not have a case.
Accidents on a construction site can be the responsibility of any number of people. In most cases Workers’ Compensation benefits will be available to the injured worker, without regard to fault. If Workers’ Compensation Insurance applies to the incident you have had, you will most likely have no other claim against the employer. However, a claim could possibly be brought against another subcontractor if the subcontractor, or its employee, played a role in the injury.
Physicians must exercise a reasonable level of skill and judgment while treating their patients. This required standard-of-care is determined by other doctors. A doctor who fails to provide sufficient care may be liable for any injuries suffered by his or her patients as a result. Over the past several years, however, The Georgia Legislature has made it increasingly difficult to bring successful lawsuit against doctors. The expense involved in obtaining expert testimony against the doctor prevents a claimant from suing his/her physician unless there has been a catastrophic injury. Now that the Legislature has limited the amount of damages that can be collected in malpractice actions, even those seriously injured may not receive adequate compensation.
Nursing homes often operate on very tight budgets. This can affect wages and the level of care their workers provide. The Georgia law governing Patients’ Rights requires there be a minimal level of services provided to residents of Georgia nursing homes. If a nursing home neglects or abuses a patient, the patient (or his/her family) may have the right to file a lawsuit for the harm caused.
Many food and drug products have been released to the public, then later discovered to cause unanticipated and, sometimes, serious side effects. The manufacturer of these products may have some responsibility to those adversely affected by the food or drug. Beyond food and drugs, other dangerous products are sometimes sold to the public which can cause injuries to consumers. If you’ve been injured by a food, drug or other product, you may be able to hold the manufacturer, distributor, or retailer responsible.
In Georgia, the owner of a pet is generally not liable when his or her pet harms someone, unless the owner knew, or should have known, that the animal was likely to cause harm. If the pet has bitten before, the owner can be proven to have knowledge of the pet’s vicious tendencies and, thus, can be held liable for a second bite. Violation of county leash laws can also lead to liability for the harm caused by pets.