Personal Injury
What’s the Difference Between a Personal Injury Claim and a Lawsuit?
If you or a loved one are injured due to the negligence or careless actions of another person, you need to understand how to recover compensation for your damages. Understanding this means discussing two options: Filing a personal insurance claim Filing a personal injury lawsuit Today, we want to discuss the difference between these two so you have a better understanding of your case and options. You should always speak with a qualified Georgia personal injury lawyer before moving forward with a case. A personal injury claim The first step in many personal injury cases is a personal injury claim…
Five Mistakes to Avoid in a Personal Injury Case
If you or someone you love has been injured due to the negligent or careless actions of another person, you may need to pursue compensation through a personal injury claim or lawsuit. However, these cases can become complicated, and you do not want to do anything to jeopardize a satisfactory settlement. Today, we want to discuss the top five mistakes to avoid in a personal injury case. Please remember to always speak to a qualified Georgia personal injury lawyer who can assist you as you move forward. Your very move could be watched in these cases Insurance companies are for-profit…
Pros and Cons of Settling Your Personal Injury Case Out of Court
No two personal injury cases are alike, and there are different ways to reach a positive outcome. Today, we want to clear up some of the confusion you may have about what it means to settle a personal injury case out of court. When you file a Georgia personal injury lawsuit, you are either going to settle it through negotiations with the other side or the case will go to the courtroom. If a case goes to trial, it will be argued in front of a jury who will make the ultimate determination as to whether damages should be awarded…
Can Social Media Harm a Personal Injury Case?
Social media has woven itself into just about every aspect of our lives. The Pew Research Center says that 72% of all adults in the United States use at least one social media site. Social media use is spread out amongst all ages, and even 40% of those over the age of 65 use social media. Social media has made it easy to share our lives and connect with friends and family. However, there are times when we “overshare.” Social media use can damage a personal injury case. Today, we want to talk about how social media can affect your…
What are the Dram Shop Laws in Georgia?
Drunk driving is a continuous problem. The National Highway Traffic Safety Administration (NHSTA) says that more than 10,000 people lose their lives each year due to drunk driving crashes. That comes to around 30 people each day. During the latest reporting year in Georgia, there were 368 alcohol-related traffic fatalities. That accounted for nearly 24% of all traffic fatalities that year. Georgia has placed significance on personal responsibility when it comes to determining who is liable to injuries and damages in a drunk driving crash. That is, the person who chose to drink and drive historically got the blame. However,…
Can Prior Medical Records Be Used as Evidence in Georgia Accident?
Insurance companies work hard to minimize the payouts they make on personal injury claims. Once the victim proves they do suffer from a medical problem, the insurance company must find another way to reduce the claim. One of the ways they try to do this is by suggesting a pre-existing condition is the real cause of the accident victim’s current condition. Accident victims often feel like the insurance company does not believe them. The stress from this disbelief adds to their physical and emotional injuries from the accident. However, the insurance company is responsible only to their shareholders, so they…
How Is Pain and Suffering Calculated?
Personal injury pain and suffering settlements vary greatly in Georgia, because no monetary cap exists on damages. Each state has its own rules establishing maximum damages for accident victims. The law in Georgia on pain and suffering (OCGA 9-10-184) states: “In the trial of a civil action for personal injuries, counsel shall be allowed to argue the worth or monetary value of pain and suffering to the jury; provided, however, that any such argument shall conform to the evidence or reasonable deductions from the evidence in the case.” This statute covers a broad range. It allows juries to determine damages…
What It Means When a Hospital Files a Lien in Your Injury Case
The claimant in a personal injury first seeks medical treatment. Let us assume they do not have health insurance. Next thing he or she knows, a notice of intent to file a hospital lien arrives in the mailbox. This letter has a local attorney’s signature. The return address reads as a big law office or a huge collections company. Most People Find This Stressful, Especially on Top of Their Recent Injury This is standard procedure for most every hospital in Georgia. The medical facility knows that without health insurance the chances of collecting from the patient are slim. This way…
Lawsuit Filed on Behalf of Injured Army Soldier
Butler Prather LLP has filed a lawsuit on behalf of Army Specialist Winston Hencely of Effingham County, Georgia. Spc. Hencely was grievously injured when he stopped a suicide bomber at Bagram Airfield in Afghanistan on November 12, 2016. The bomber killed six and injured seventeen, including Spc. Hencely. The lawsuit was filed against the bomber’s employer, Fluor Corporation, and three subsidiary corporations in the United States District Court in Greenville, South Carolina. https://www.militarytimes.com/news/your-army/2019/02/26/he-confronted-a-suicide-bomber-just-before-an-attack-now-hes-suing-the-insurgents-boss/ https://www.ajc.com/news/crime–law/disabled-georgia-soldier-sues-defense-contractor-over-suicide-bombing/EVSAMLtqEBvSaK2vCwx0II/
What is Georgia’s Contributory Negligence Law?
Negligence is the central legal concept on which most personal injury claims revolve. Negligence is someone’s failure to exercise a reasonable degree of care to prevent injury to another person. Many personal injury lawsuits in Atlanta also involve the concept of contributory negligence. This concept has the power to bar a plaintiff from financial recovery in certain situations, or reduce recovery, based on the state’s strict modified comparative negligence law. If you become a plaintiff in Georgia, you need to understand the state’s negligence laws. What Does Georgia’s Contributory Negligence Code Say? The text of Georgia’s contributory negligence law is…