Personal Injury law is a broad category that covers any injury one receives due to the negligence (or the wrongful act) of another. The wrongful act can be committed by an individual or a corporation. While these types of cases comprise the majority of personal injury cases in terms of sheer numbers, personal Injury cases can also arise from the negligence of doctors who commit medical malpractice or dentists who commit dental malpractice. While some personal injury lawsuits stem from car accidents and the like, we handle many more personal injury situations. While the following is certainly not an exhaustive list, some examples of Georgia personal injury cases include:
Many people who are injured in Atlanta personal injury accidents suffer serious permanent injuries such as brain injuries (often referred to as traumatic brain injury or "TBI"), closed head injuries, amputation and loss of limbs, serious back injuries such as ruptured or herniated disc, nerve injuries, serious burns such as third - degree burns, crushed limbs, aggravation of existing conditions, emergency situations which require ER visits and admission into the hospital and even wrongful death. These types of serious injuries result in large amounts of legal damages that are recognized under Georgia law in the form of medical bills, pain and suffering, lost wages, disfigurement, future medical bills, and a diminished quality of life. In addition, the spouse of an injured person is entitled to be fully compensated for their "loss of consortium" which is the loss that occurs when a spouse is injured and the other spouse loses their companionship, services, and marital relations. If handled correctly, under the right circumstances, a loss of consortium clam can have substantial value in the lawsuit.
In order to prevail in a Georgia personal injury claim, the plaintiff must establish the essential legal elements of a personal injury case, which are duty, breach, causation and damages. The element of duty is established by proving that the negligent party owed a duty to the plaintiff (such as a duty to use reasonable care under the circumstances or for a doctor or dentist to do what a reasonably prudent professional would do under similar circumstance). Property owners and store owners have a duty to keep their premises safe. Professionals, such as doctors and dentists owe a duty to provide care that a reasonably prudent doctor would under like or similar circumstances. The element of breach is established by proving that the other person injured you by not complying with the applicable standard of care. The element of causation is established by proving that the breach of the standard of care was the proximate cause of your injuries. The final element of damages is proving that you have suffered a personal injury. In most cases, this element is satisfied by medical testimony linking your physical injuries to the accident, negligence or malpractice. In almost all cases, this requires expert testimony, either by the treating physicians or an expert who is retained to render an opinion.
If you or a family member has been injured in personal injury accident, you are entitled to be fully compensated for your injuries. We are experienced Atlanta personal injury lawyers who work hard to get you all that you are entitled to under the law. If you have a potential case that falls into one of the categories above, we would be happy to discuss representation with you.
If you would like to discuss your personal injury case with an experienced injury lawyer, call Robert J. Fleming at (404) 525-5150 or contact us online. We are here to help.