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| Copyright ©2006 by Deming, Parker, Hoffman, Green, Campbell & Daly, L.L.C. All rights reserved. Metro Atlanta, Georgia | Savannah, Georgia You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include the above copyright notice. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. |
Green, Campbell & Daly, L.L.C. |
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| Personal Injury |
A personal injury is defined as physical, mental or emotional harm caused by the action or neglect of another. Some typical personal injuries and the causes of action to which they give rise are listed below. |
Personal Injury Sub-Categories
Motor Vehicle Collisions
In most accidents there is an “at-fault” driver or a driver who was negligent or
failed to control the vehicle he/she was driving. A claim can be filed against the
negligent driver’s insurance company. If the claim is not settled, a lawsuit must be
filed against the driver; the insurance company will then hire a lawyer to defend its
insured. The lawsuit must be filed within 2 years of the date of the collision.
Pedestrian Accidents
Pedestrians have the right of way while they are in a crosswalk, but otherwise must
yield to traffic. However, once a driver becomes aware of the presence of a
pedestrian, he/she must take appropriate action to try to avoid a collision.
Premises Liability
The owner of premises which are open to the pubic, such as a store, have a duty to
act reasonably to keep the premises safe. Depending upon the nature of the
business, the owner may have a duty to inspect and clean the premises regularly in
order to discharge this duty.
If a patron slips and falls on a substance left on the floor, the owner will only be
liable if he/she knew, or should have known, of the presence of the substance. If
the owner inspected and/or cleaned the area shortly before the fall, the owner may
escape liability.
Work Related Injury
Accidents on a construction site can be the responsibility of any number of people.
In most cases Workers’ Compensation benefits will be available to the injured
worker, without regard to fault. If Workers’ Compensation Insurance applies to the
incident, the worker has no other claim against the employer. However, a claim
might be able to be brought against another subcontractor if the subcontractor, or
its employee, caused the injury.
Medical Malpractice
Physicians must exercise a reasonable level of skill and judgment while treating
their patients. The required standard of care is determined by other doctors. A
doctor who fails to provide sufficient care may be liable for any injuries suffered by
the patient as a result. The Georgia Legislature, however, has made it increasingly
difficult over the past several years to bring a successful lawsuit against doctors.
The expense involved in obtaining an expert to testify against the doctor prevents a
claimant from suing his/her physician unless there has been a catastrophic injury.
Now that the Legislature has limited the amount of damages that can be collected in
a malpractice action, even those seriously injured may not receive adequate
compensation.
Nursing Home Neglect or Abuse
Nursing homes often operate on very tight budgets and this can affect wages and
the level of care they provide. The Georgia law governing Patients’ Rights requires
there be a certain level of services provided to residents of a nursing home. If the
nursing home neglects or abuses a patient, the patient (or his/her family) may have
the right to file a lawsuit for the harm caused.
Dangerous Products
There are many food and drug products that have been released to the public
which were later discovered to cause serious, unanticipated side effects. The drug
company may have some responsibility to those adversely affected by the food or
drug. Other dangerous products are sold to the public and cause injuries to the
consumer. The injured person may be able to hold the manufacturer, distributor, or
retailer responsible.
Animal Bites
In Georgia, the owner of a pet is not liable when that pet harms a person unless the
owner knew, or should have known, that his pet was likely to cause harm. If the pet
has “bitten” before, the owner is charged with knowledge of the pet’s vicious
tendencies, and can be liable for a second bite. Violation of county leash laws can
also lead to liability for the harm caused by his pet.
- Motor Vehicle Collision
- Motorcycle Accident
- Pedestrian Accident
- Premises Liability
- Work Related Injury
- Medical Malpractice
- Nursing Home Neglect or Abuse
- Dangerous Products
- Animal Bites
Motor Vehicle Collisions
In most accidents there is an “at-fault” driver or a driver who was negligent or
failed to control the vehicle he/she was driving. A claim can be filed against the
negligent driver’s insurance company. If the claim is not settled, a lawsuit must be
filed against the driver; the insurance company will then hire a lawyer to defend its
insured. The lawsuit must be filed within 2 years of the date of the collision.
Pedestrian Accidents
Pedestrians have the right of way while they are in a crosswalk, but otherwise must
yield to traffic. However, once a driver becomes aware of the presence of a
pedestrian, he/she must take appropriate action to try to avoid a collision.
Premises Liability
The owner of premises which are open to the pubic, such as a store, have a duty to
act reasonably to keep the premises safe. Depending upon the nature of the
business, the owner may have a duty to inspect and clean the premises regularly in
order to discharge this duty.
If a patron slips and falls on a substance left on the floor, the owner will only be
liable if he/she knew, or should have known, of the presence of the substance. If
the owner inspected and/or cleaned the area shortly before the fall, the owner may
escape liability.
Work Related Injury
Accidents on a construction site can be the responsibility of any number of people.
In most cases Workers’ Compensation benefits will be available to the injured
worker, without regard to fault. If Workers’ Compensation Insurance applies to the
incident, the worker has no other claim against the employer. However, a claim
might be able to be brought against another subcontractor if the subcontractor, or
its employee, caused the injury.
Medical Malpractice
Physicians must exercise a reasonable level of skill and judgment while treating
their patients. The required standard of care is determined by other doctors. A
doctor who fails to provide sufficient care may be liable for any injuries suffered by
the patient as a result. The Georgia Legislature, however, has made it increasingly
difficult over the past several years to bring a successful lawsuit against doctors.
The expense involved in obtaining an expert to testify against the doctor prevents a
claimant from suing his/her physician unless there has been a catastrophic injury.
Now that the Legislature has limited the amount of damages that can be collected in
a malpractice action, even those seriously injured may not receive adequate
compensation.
Nursing Home Neglect or Abuse
Nursing homes often operate on very tight budgets and this can affect wages and
the level of care they provide. The Georgia law governing Patients’ Rights requires
there be a certain level of services provided to residents of a nursing home. If the
nursing home neglects or abuses a patient, the patient (or his/her family) may have
the right to file a lawsuit for the harm caused.
Dangerous Products
There are many food and drug products that have been released to the public
which were later discovered to cause serious, unanticipated side effects. The drug
company may have some responsibility to those adversely affected by the food or
drug. Other dangerous products are sold to the public and cause injuries to the
consumer. The injured person may be able to hold the manufacturer, distributor, or
retailer responsible.
Animal Bites
In Georgia, the owner of a pet is not liable when that pet harms a person unless the
owner knew, or should have known, that his pet was likely to cause harm. If the pet
has “bitten” before, the owner is charged with knowledge of the pet’s vicious
tendencies, and can be liable for a second bite. Violation of county leash laws can
also lead to liability for the harm caused by his pet.
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