If you or a loved one have been needlessly injured, contact us today to see if you have a legitimate personal injury claim.
If you or someone you know has suffered property damage, personal injury, wrongful death from a car accident or incident in the workplace, you may need a personal injury law firm to help obtain appropriate compensation or justice. Call Cater Pilgrim today and let’s talk about your situation.
When facing injury in an accident, you may also hear the words “personal injuries” and other injury-related terms. While some people interchangeably use personal injury and bodily injury, both words have very different definitions.
Here are the legal descriptions and ramifications of personal and physical injury.
Often referred to as tort law, personal injury law was designed to protect you and your property of in the event that you were harmed as a result of someone’s failure to properly act. When you successfully sue someone in a personal injury suit, you are asking the person or entity that harmed you to appropriately compensate you for that harm.
With a personal injury lawsuit, there is usually a monetary award to cover bills, pain, and suffering as well as medical expenses. There may also be other financial awards depending upon the type of case and the decision made by the jury.
There are many different types of personal injury lawsuits, so it’s not feasible to try and list every aspect here, but here are some of the most common types of claims:
If a person is impaired incompetent, and they carelessness damages another person, personal injury laws apply. Examples include car crashes, incidents of slip and fall, and other forms of medical malpractice. It is significant to contact a personal injury lawyer as soon as possible whenever you get an injury.
Personal injury laws shall occur where the defendant’s deliberate action is detrimental to someone else—for example, assault and battery apply, as well as other intentional damages.
Suppose the automotive, consumer goods, medical device, recruitment, or other products have been defective or unreasonably dangerous. In that case, an individual injured by using the product may present a product liability proceeding with the manufacturer.
Personal injury regulation occurs where the defamatory assertion by a victim injures a person.
The common law is that of the law enacted by courts in contrast to the government’s rules or passed in lodges and statutes. Most personal injury laws date from the old ‘Common laws.’
On hearing and determining a case, a judge judges the rules of all the other courts of the state “less” than the judge’s court. The different courts must then enforce what the first judge does. Thereby establish a body of “common law” with all this binding precedent.
This common law really can’t be standardized around the country. So the rules of personal injury legislation are highly dependent upon the legal precedents in each particular state. The restoration of wrongs, that is, the guide to clarify the laws, has developed over decades of legal precedents.
The only cause of personal injuries is not common law. Statutes (rules) concerning personal injury matters have been issued, in-laws. For instance, in law-making legislation on compensation for employees, they took all the work-related accidents beyond the domain of personal injury. They made the compensation of workers a sole recourse for injured workers.
The status of limitations, which determines the limit of the time you have to file an injury-related proceeding in the federal court system, is another state provision that falls into play in injury litigation.
Personal injuries typically impact injured victims in multiple ways, leaving them scrambling and stressed from dealing with various losses that negatively impact their physical, emotional, and financial health. Fortunately, the Suwanee personal injury attorneys of Banks, Stubbs & McFarland can help you pursue fair compensation for all your monetary and non-monetary damages.
The damages that you may recover will vary based on the specific circumstances of your accident and the severity of your injuries. Our attorneys will examine the facts of your case and investigate and compile all of the evidence to prove the case and obtain a recovery which makes you whole for all of your losses. These damages can include the following:
These are expenses that we can objectively calculate and prove with proper documentation, such as:
Since it’s difficult to assign a monetary value for these damages, they can be harder to prove than monetary damages. But our Suwanee personal injury attorneys know how to seek and obtain the evidence to prove these damages, which can include:
We can likewise assist you in recovering damages for the full value of any life lost through a wrongful death claim if a loved one died because of another individual or entity’s negligence.
The legal aspects of personal injury may vary from case to case, depending on which apply.
In most instances, you can expect to make a lawsuit for your personal injuries within two years after an accident or incident. You can waive the right to sue an individual injury case if you refuse to bring a petition within this limited timeframe. However, these time frames vary from state to state, so it’s essential to have that information if you’ve been in an accident.
A jury may conclude some proceedings that the complainant was partly or entirely responsible for his injury or crash. This legislative principle decreases the amount earned by the wounded party by the share of their injury responsibility.
Another important feature of this regulation is that if the affected person is held responsible for the injury more than 50%, he/she is no longer allowed to recover further damages.
Compared to court offenses, the burden of evidence in a case of personal injury is comparatively minimal since the complainant is compensated for his loss/injuries. In a personal injury lawsuit, the complainant needs to prove that, in the same situation, the respondent behaved carelessly or did not behave like a responsible person.
Personal injury may occur because of faulty devices, car crashes, insurance premises, legal malpractice, home nursing harassment, and several other occurrences. The incidents are not deliberate in any of these situations but arise from the defendant’s reckless or incompetent behavior.
In personal injury claims, the principal elements of negligence to be proven are that:
Every person must do anything practicable to prevent injuries, even though the legal responsibility can vary based on his or her authority and the circumstances in question. For example, drivers should not control cars when they are intoxicated, and shopping centers should have dry floor surfaces without any excess that may result in injuries and faulty goods.
Car crashes, responsibility for goods, dents, and accidents with slip and fall are typical for injury cases.
Damages have two categories, economic and non-economic losses, in cases of serious injuries. The calculations of monetary damages depend on the actual losses as well as other factors pertaining to the individual case. This takes into consideration factors such as hospital expenses, missed income, and costs of healing. It is challenging to value non-economic harm.
Pain and misery are clear examples of non-economic damage. In the context of medical misconduct charges, Georgia places limits on non-economic harm. In all cases, the limit on non-economic losses is 350 thousand dollars. However, in other situations, including traffic crashes, there are currently no limitations on non-economic harm.
A skilled injuries attorney will assist you with getting the compensation that you deserve. Call Banks, Stubbs & McFarland LLP today to talk about your case.
Rebuilding your life after an accident is simply difficult. To add to your difficulties, you must also deal with aggressive insurance claims representatives and complex Georgia personal injury laws. Having an attorney working on your behalf can help make sure your claim is handled properly from start to finish. When the Suwanee personal injury attorneys of Banks, Stubbs & McFarland take on your case, they will:
Take note that each personal injury case requires personalized attention. This is why our Suwanee personal injury attorneys don’t use a one-size-fits-all approach when handling our clients’ cases. They will tailor a strategy that will suit your specific situation.
Regardless of the circumstances of the accident and your injuries, our attorneys understand what you’re going through and ensure that you get the legal guidance you deserve. They can evaluate the details of your case and talk about your legal options during a free case review.
We are located in Suwanee Georgia, but we defend clients throughout Gwinnett County, Forsyth County, Hall County, Barrow County, Jackson County, and Dawson County. Contact our Suwanee law firm as soon as possible to learn how we advocate for your best interests.