You Guide to Personal Injury Claims in the State of Georgia

A personal injury can be a complex and frequently misunderstood area of law for the majority of injury victims. Nevertheless, if you have suffered an injury that you believe was caused by another’s negligence, you are entitled to compensation under Georgia law. The following is an overview of some of the most common types of personal injury claims in the state of Georgia as well as a general guide as to what types of damages you may be entitled to in the vast majority of personal injury claims.

If you suspect that you may have a valid personal injury claim under any of the common categories of claims set forth below, contact the experienced personal injury attorneys at the Law Offices of John B. Jackson in Douglasville, Georgia, to help you navigate your personal injury claim. An experienced injury lawyer can determine if your injuries can provide compensation. 

What are the Common Personal Injury Claims in Douglasville, Georgia?

Slip and Fall

If you slipped and were injured while on someone else’s property, you may be entitled to compensation. If the property owner failed to properly maintain or otherwise keep the property safe and the consequence was the injuries you suffered, you may be able to hold the responsible parties accountable. So long as you were not predominantly to blame for your relevant fall, if you a suffered real, documented injuries stemming from the carelessness of the relevant property owner, you may be entitled to monetary damages for your subsequent injuries.

Dog Bite

As set forth by Georgia Code Section § 51-2-7, the owner or guardian of a ”vicious or dangerous” dog who carelessly and negligently manages or otherwise carelessly allows their dog free reign is liable for any injury as well as any related damages that result from their dog attacking or biting an innocent victim.

As is likely quite apparent from the onset, this particular personal injury action has some threshold requirements.  

For starters, if the subject dog was taunted or otherwise provoked by the injured party, the dog owner will likely not be found liable for the injured person’s resulting injuries and damages.

As an additional requirement, the subject dog must be “vicious or dangerous.” For a dog to be considered “vicious and dangerous” under Georgia law, it is as simple as establishing that the subject dog was not leashed when it legally should have been as set forth by city ordinance.

Finally, it must be established that the Defendant was actually the dog’s “owner” or “keeper.” This is a very factual inquiry that will require some guidance from a knowledgeable personal injury attorney.

Car Accident

Auto accidents are largely unavoidable in the state of Georgia, not to mention across the Country. If you find yourself among the large percentage of individuals that have suffered personal injuries as a result of another driver’s negligence, you may be entitled to compensation for your injuries. To succeed on a claim for personal injuries arising out of an auto accident, you will need to prove the following elements of a standard negligence claim:

• It was some behavior or careless inaction by the other driver that ultimately caused the auto accident that contributed to your injuries and damages –
• Your alleged injuries and damages can be proven by tangible evidence whether by documentation or otherwise. 
• Your alleged injuries and corresponding symptoms were not primarily caused by a prior accident or a pre-existing condition.  

Assault and Battery

If you have suffered physical injury as a result of physical violence, you very well may be entitled to compensation for your physical injuries under a “battery” cause of action. 

Alternatively,  if you were merely threatened with physical violence, you may still have a valid claim for “Assault” even though you were never actually physically injured. 

While these types of injury are typically associated with criminal penalties, you may be surprised to know that you likely have a civil claim as well to compensate you for your subsequent monetary damages as well as pain and suffering. 

The most common sources of an assault or battery claim are as follows:

• • Domestic Violence
  • A Physical Fight
  • Sexual Assault
  • Burglary/Robbery

What Damages Can I Collect in a Personal Injury Claim?

Medical Expenses

If you have suffered physical injury and subsequently incurred medical expenses as a result of the careless, intentional, or reckless acts of another, you are entitled to compensation for the reasonable value of all health care costs incurred as a result.

Mental and Emotional Distress

Although the emotional impact that often goes hand in hand with the physical injuries commonly attributed to victims of personal injury is not necessarily tangible, it is nevertheless a category of damages that is recognized under Georgia law. Proving and substantiating this category of damages is an unbelievably murky area of the law that will require consultation with an experienced personal injury attorney.

Loss of Income/Earning Capacity

If you have suffered a personal injury at the hands of another’s negligence, you have the right to collect monetary compensation for not only your past loss of income, but also for income that you will most likely lose in the future as a result of your injury-related physical restrictions.

Pain and Suffering

This category of damages is what can best be understood as “non-economic damages.”  This type of damages is intended to compensate you for those very real yet utterly subjective injuries that everyone faces after experiencing a serious and life-altering physical injury. While the value of this category of damages does not have any specific formula, a personal injury lawyer can help you get a general idea of how much compensation you can expect as a result of your accident-related pain and suffering.

Punitive Damages

This particular type of damage is unlike the rest in that it is not intended to compensate you for any specific injuries. Rather, it is intended to punish the guilty party, which is intended to ensure the guilty party does not again engage in such behavior. Punitive damages can also be awarded as a way to see that others are discouraged from engaging in similar behavior. The chances are that you will not recover this category of damages unless the guilty party has engaged in a reckless manner of behavior.

Consult with a Personal Injury Attorney to Discuss Your Case

If you have injuries that were caused by someone else, do not worry about how you will afford treatment, contact an experienced personal injury lawyer in Douglasville, Georgia. Call today to schedule a free consultation.