Our team consists of the best personal injury attorneys in Austell. Accidents can be totally devastating, especially when they require long physical recovery periods. They’re even worse when loved ones are lost. People who have never faced these types of financial burdens that follow serious personal injuries, find it difficult to grasp the severity of the situation. The people whose lives are affected by these tragic events find themselves having to deal with property damage, lost wages, past and current medical expenses, pain and suffering, and even future medical treatment costs.
If this is the reason you are viewing our website, we are truly sorry, and we appreciate you turning to us for help. The Law Offices of Matthew C. Hines have been tried, tested and proven successful when it comes to resolving personal injury claims. Our Austell personal injury attorneys are here to assist you with your case; so please do not delay and contact us immediately.
Personal Injury Claim Types:
A personal injury claim can fall into various categories based on what type of accident occurred.
Motor Vehicle Accidents – One of the most common areas of personal injury cases involves car accidents where a driver is ‘at-fault’. Usually claim for property damage or personal injuries result due to 2 cars colliding and one of the drivers is at fault and bears liability. The claims are generally made against the liability insurance company of the drive who was at fault. If they don’t have insurance, or if it was a hit and run accident, then the claim will be made against your own personal uninsured motorist coverage (if you elected to have that included in your car insurance coverage). Do not under any circumstance try to handle this alone. Contact one of our experienced Austell car accident lawyers immediately.
Bicycle/Pedestrian Accidents – Auto accidents can also include a car and someone walking along or riding a bicycle close to the road. By law, drivers owe the before mentioned ‘duty of care’ to both bicycle riders and pedestrians alike. The rules of the road governing the conduct of all drivers in these kinds of situations, create liability whenever these road rules are violated.
Premises Liability – These cases arise whenever you get injured on somebody else’s property. A slip and fall accident can happen anywhere, like in a store while shopping. Wet spots on slick tile floors can cause a person to slip and fall and sustain an injury. Faulty handrails leading up the steps of a business can cause injury and create liability. Many times, however, case law for premises liability will place the burden on a plaintiff to watch where they are going and to not walk into an obvious hazard. The outcomes of these types of cases are usually decided by very specific and detailed facts.
Work-Related Accidents – Anytime you’re injured on a job, you’re usually covered by the company’s workers comp insurance. Workers compensation insurance is a ‘no-fault’ liability coverage. That means that a worker only has to prove they were injured while ‘on the job’. They don’t have to prove any negligence on the part of the employer. Workers comp benefits can also be paid out whenever a worker is not at their workplace working, but are ‘on call’.
Medical Malpractice – A person has a medical malpractice claim whenever they’ve been injured due to negligence on the part of a doctor or some other healthcare provider. Proving a medical malpractice case consists of having expert testimony from another doctor practicing in that same area of specialty. The expert witness has to swear that the doctor (defendant) breached the professional standard of care commonly expected in that specific area of practice. In 2005, Tort reform legislation was enacted that greatly increased the burden put on the plaintiff in filing this type of case. It also reduced their ability to recover by placing a cap on the amount of pain and suffering they could be awarded.
Nursing Home Liability – Senior citizens today are living much longer, which means a lot more of them are living in our nursing home facilities. Patients of nursing homes are awarded certain rights by law. Nursing home patients may suffer injury due to poor care or understaffed nursing homes. Additionally, some elderly patients suffer abuse while in nursing homes. Naturally, this gives them a claim to file against that nursing home.
Product Liability – Any defective product that is manufactured by any company, and then sold at any local store, has the possibility of injuring you. Any company that sells a defective product can be liable to you. This falls under the ‘strict liability’ category. In cases of strict liability, negligent conduct does not have to be shown, only that a specific product was defective, and it was the cause of the injury in question.
Elements Involved in a Personal Injury Claim:
Austell Personal injury claims can arise anytime someone is injured. This can either be a physical injury or even an emotional injury, due to the negligence or an intentional act on the part of another. The term ‘torts’ is also used to refer to a personal injury. Tort law is simply another branch of civil law. Whenever somebody suffers a personal injury as a result of someone else’s negligence, or that of some company, they are usually entitled to recover any monetary damages related to their pain and suffering, lost wages, medical expenses, and any other kind of economic loss. In some limited circumstances a person who suffers the injury can also recover what is known as ‘punitive’ damages.
Personal injury law has a lot in common with insurance. Depending on the kind of insurance you have, if you get injured, your health insurance or auto insurance might pay your medical expenses. Whenever your injury is caused by the negligence of another person or company, it is ‘their’ liability insurance that will compensate you and pay for lost wages, medical expenses, and pain and suffering.
Liability insurance isn’t limited to just car insurance, it can also be provided through business insurance, homeowners insurance, umbrella insurance, and malpractice insurance. If your situation involves any of these coverages, please contact our office The Law Offices of Mathew C. Hines in Austell, Georgia. Call for your FREE consultation today!
To prove your personal injury claim, the plaintiff (party that’s injured) has to establish these following points to recover damages against the defendant (party at fault).
- Duty – A claim of personal injury comes from the duty of care that is owed to another party. For example, we all owe a duty of giving reasonable care to other drivers while we’re operating a motor vehicle. It is all of the other drivers who are the beneficiaries of this specific duty, along with cyclists and pedestrians who use the roadways. A business proprietor owes a duty to customers to sell products that are safe. Professional people, like doctors, owe a duty to deliver the standard of care expected of them and that is set according to their profession.
- Breach – To prove your claim evidence must show you were injured due to the failure of someone else to exercise regular care to you. This is the definition of negligence.
- Causation – To prove your claim you must also prove that their breach of care was the actual cause of harm.
- Damages – Last of all, your injury must be the result of that breach of care. Usually you must prove you have been injured physically. However, sometimes under certain circumstances, emotional injury is enough to allow for damages to be recovered against the party responsible for it.
The burden of proof falls to the plaintiff in a personal injury case. While injury law does provide a means of redressing a wrong, it does not carry a guarantee of recovery. Before a plaintiff can recover damages, they must prove every element of their claim.
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