Personal Injury Law Firm Suwanee & Gwinnett County
If you or a loved one have been needlessly injured, contact us today to see if you have a legitimate personal injury claim.
Personal Injury Attorneys
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.
What is Personal Injury Law?
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.
The Basics of Personal Injury
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.
Who Makes Personal Injury Laws?
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.
Legal Aspects of Personal Injury
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.
Burden of Proof
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.
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Negligence Elements in a Personal Injury Claim
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:
- the fault party has a treatment obligation
- accused did not fulfill his duty of responsibility that was caused directly by the actions of the fault team
- the actions of the faulty partner caused the harm
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.
Compensation in Personal 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.
Let Banks, Stubbs & McFarland LLP Fight for You
The average payout for a personal injury claim depends on a single situation and the injuries. In general, an estimated figure is between $3,000 and $75,000 for personal injury settlement. Again, this depends on factors germane to the individual case. Actual amounts could be higher or lower.
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.
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Our Service Area
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 Atlanta law firm as soon as possible to learn how we advocate for your best interests.