After being involved in an accident, you might not know what to do. There is often a lot of paperwork to fill out when it comes to filing accident reports or insurance claims, and the process can be overwhelming if you are focused on your physical recovery. That is where our lawyers can take over for you.
Personal injury attorneys represent victims in all sorts of accident claims. We fight to get their damages paid for, whether that be through insurance claims or lawsuits. We also help advise them on what steps to take, how to speak with insurance companies, and how to maximize the compensation they receive.
For a free evaluation of your potential claim, contact our Atlanta personal injury lawyers today at Howe Law by calling (844) 876-4357.
What Constitutes a Personal Injury Case in Douglasville, GA?
There are all kinds of lawsuits and legal claims out there. In criminal cases, we usually do not call them lawsuits, but rather refer to “cases” or “charges.” In civil law, instead of a crime, we file claims for a “tort.” Torts consist of different kinds of wrongdoing, such as assault and battery, breach of contract, conversion (theft), or negligence. When a negligence claim or a battery claim is filed for injuries to the person as opposed to damage to property, we refer to these cases as “personal injury” claims.
Personal injury lawyers focus on getting their clients damages for the injuries they face, as well as the consequences of those injuries. That means getting direct payments for your pain, your mental anguish, your emotional distress, and other direct consequences of the injury as well as the consequences down the road, such as medical expenses and reduced earnings. You can also claim damages for property damage suffered as a consequence of the accident, such as your vehicle damage in a car crash or damage to the phone in your pocket during a slip and fall.
The following are all common kinds of personal injury cases our lawyers help victims pursue:
Auto Accident Injuries
Injury cases can be filed with insurance or through the courts for car accidents, truck accidents, pedestrian accidents, bicycle accidents, and more. Any time you are injured in an auto accident, call a lawyer instead of trying to get it resolved solely through an insurance claim, as insurance companies often try to downplay the injury part of your case.
Slip and Falls and Property Injuries
Slip and falls and other property injuries fall under the umbrella of “premises liability” cases, where victims file injury claims against property owners for all kinds of accidents on their property. Any accident caused by a “defect” or dangerous condition on the property – such as a slippery floor, a loose floorboard, a loose handrail, a structurally compromised balcony, or a fire hazard – can all be the basis of this kind of lawsuit.
Defective and Dangerous Product Injuries
If you bought a car, toy, electronic device, medication, or any other product, and you were injured because of problems with its design or manufacturing, you could be entitled to a personal injury claim.
Medical Malpractice
Cases filed against doctors and hospitals for medical mistakes fall under the umbrella of “medical malpractice” claims, but the cause of action is the same as the other cases: negligence. However, the difficulty with misdiagnosis cases, surgical errors, and other medical malpractice claims is that you usually need medical experts to help explain the case and the relevant medical “standard of care” to the jury.
Workplace Injuries
Many worker injury cases cannot be filed as a lawsuit against your employer because of the way our Workers’ Compensation system functions, but you could be entitled to file a lawsuit against someone else for your injuries at work.
Wrongful Death
Many injuries are fatal. The family of someone who passed away from their injuries is often entitled to seek compensation for the harm their family faces in the wake of a death in the family.
Elements of a Personal Injury Claim in Douglasville, GA
As mentioned, the claim you actually file with the court is called a “negligence” tort. Any court claim has elements that you have to prove in order to make out the “prima facie” case, and you ultimately need to prove these elements to the jury before they can rule in your favor. In a personal injury case, the following four elements must be present:
Duty
The plaintiff – the party bringing the lawsuit – needs to show that the defendant owed them a legal duty. You usually establish this duty based on the relationship between the defendant and the plaintiff, such as a property owner’s duty to clear up hidden dangers that could injure a guest, a product manufacturer’s duty to warn a buyer of potential dangers with their product’s use, or a doctor’s duty to provide a patient with reasonably proficient care.
In some cases, duties are set by what is reasonable in the given situation, such as a grocery store’s duty to close off the area and quickly clean up spills to prevent injuries. In other cases, the duty is set by law to keep people safe, such as with speed limits.
Breach
A breach is simply a violation of the duty. In most cases involving a reasonableness standard, the breach involves a failure to use the care or skill needed to uphold the duty. In cases where the duty is set by law, a violation of the law is all you need to prove, not that the violation was also unreasonable.
A breach is the core wrongdoing at the heart of the claim. If the defendant did everything right, then there is no breach.
Causation
If the breach of duty did not cause the accident, then you cannot sue for it. Instead, you need to show that this breach caused the injuries and that it was closely related in time and place that it makes sense as the “legal” cause of your injuries.
Damages
You also need to show you were harmed and suffered damages to win your case. If the defendant did not actually harm you, you cannot sue them.
Call Our Personal Injury Lawyers in Douglasville, GA Today
Dial (844) 876-4357 today to contact Howe Law’s personal injury attorneys for a free case assessment.
