hajran-pambudi-403848-copy-300x199There may be some confusion in the world of non-lawyers regarding the kinds of incidents that can lead to a lawsuit and personal injury claim. Most people know that if you are in a car accident, slip and fall at a business, or are injured on someone else’s property, you probably have a claim for a personal injury lawsuit. These are not the only kinds of personal injury cases, however, and an experienced Atlanta personal injury lawyer can help you determine if you are able to file a personal injury lawsuit following your accident or incident.

The kinds of cases cited above, car accident, etc., all involve some element of negligence. The basic principle behind negligence is the failure to do something that should be done. For example, a failure to drive safely is negligent when it causes an accident, but negligence does not really involve intentionally bad behavior.

Atlanta Personal Injury Lawyer on Intentional Torts

abigail-lynn-517203-copy-300x200When someone is injured in an accident, whether it is in a car accident, a slip and fall, on dangerous property, or some other way, the victim is typically entitled to have those injuries paid for by the person who caused them. Getting from accident to payment can often be a difficult and complicated process, however, which is why anyone injured in an accident in Atlanta needs the right Atlanta personal injury lawyer to assist in that process.

One important aspect of the process of recovering for the injuries a person suffers in an accident is getting a case past a judge to a jury for trial. There are two basic phases of a lawsuit – the pre-trial phase and the trial phase. Of course, once a judgment is awarded, there is the third phase of collection, but that is a topic for another day.

Pre-Trial Phase of a Lawsuit

joshua-allwood-285692-copy-300x200The Georgia Supreme Court has had a busy calendar this year involving all aspects of personal injury law. A recent decision by the state’s High Court will have an important impact on future cases involving premises liability and public events. The case is important because it narrows the situations in which a person can recover under Georgia premises liability law. If you were injured at a public event, an Atlanta premises liability lawyer can help you navigate your case.

The case at hand, Garden City v. Harris, goes back to November of 2012 when a family went to a youth football game. The parent’s daughter, a 6-year-old, was walking on the bleachers when she slipped between the seats and fell more than 30 feet, seriously injuring herself. As you can imagine, the cost to treat and help this girl after her fall was tremendous.

Georgia Premises Liability in General

celia-ortega-497023-copy-300x200The Georgia Supreme Court recently decided a case that better defines when a teach or other public official can be held liable in a personal injury or accidental death case. The case will be important for future and current personal injury cases involving public officials and employees, like teachers. It will be important for any Atlanta personal injury lawyer to be aware of and understand this case.  

The case began as a result of a tragic death involving a young student in a classroom. In October of 2008, the teacher left the classroom for an unexplained reason for a few moments. After she left, two students began roughhousing and horseplay, with one student breaking his collarbone as a result. In a tragic accident, the broken collarbone severed an artery in the student, and he died as a result.

No one ever wants to get the news of a child’s death, and if it happens at school, it is that much more painful because children should be safe at school. Following an investigation into what happened, the child’s parents sued the teacher and school for what happened, claiming that the teacher was negligent in leaving the class unattended.

felix-russell-saw-234901-copy-300x200If you have been injured in a car accident or suffered some other injury caused by another, you may wonder who should pay for the damage caused. This is an important question because the answer may surprise those who are not familiar with the law. It is one of the primary reasons why talking with an Atlanta personal injury lawyer about your injury is so important.

The law underlying personal injury claims is the result of hundreds of years of common law decisions culminating in policies that define who is responsible following an accident or injury caused by another. Those policies are important because they reflect a basic premise in the law that those responsible for causing an injury should pay for the cost of repairing the victim.

Preventing Future Accidents

aidan-bartos-313782-copy-300x200Many times we will see headlines in the news media about a verdict in a personal injury case reaching many millions of dollars. In some cases those verdicts come about simply because the injuries caused cost the victims that much money to be repaired. In other cases there is an award of punitive damages which brought about the large verdict. If you have questions about whether punitive damages will factor into your personal injury case, contact an Atlanta personal injury lawyer for a consultation.

The legal doctrine of punitive damages has developed over the years through many cases that have led to a system in which a certain class of people who cause harm have to pay more than others. The extra payment comes because of policy decisions handed down through time to try to prevent the most damaging behaviors in society.

Punitive Damages in General

goh-rhy-yan-268048-copy-300x225A recent jury award to the victim of a go-kart accident addressed many of the issues that can arise in a personal injury case. That case is an important look at why it is important to to contact and work with a qualified Atlanta personal injury lawyer after being injured. The issues can become complex very quickly.

This case began as most personal injury cases do, with no thought that there would be any kind of lasting injury after engaging in a typical activity. The activity at issue here was a simple night out at a go-kart arena. The victim injured in this case sustained life-long injuries that will keep her from enjoying many of the activities she used to enjoy.

When the Unexpected Happens

dan-carlson-88563-copy-300x200Many of the cases we encounter involve a slip and fall on someone’s property. A lot of these accidents are avoidable and caused by a property owner’s negligence – his or her failure to properly maintain that property. These accidents can result in severe and lasting injuries that need attention, care, and time to heal. When these victims seek compensation for their injuries, they need the help of an Atlanta personal injury lawyer.

Slip and fall cases are among the types of legal cases known as torts, or personal injury cases. To succeed in proving a slip and fall case, and ensuring that the property owner pay for the damages that resulted, there are several elements the injured victim must prove. It is only advisable to do so with the help of a qualified Atlanta personal injury lawyer.

Elements of a Personal Injury Case

tim-gouw-128115-copy-300x200Accidents and injuries are part of life, and they can come upon us at the most inopportune times. One minute you can be driving down the road, and then the next you are in an accident, suffering because some other person did not follow the rules of the road. Of course, these are the risks we take to get to where we want to be. We move at high rates of speeds and reap the rewards, while at the same time taking on the risks that come with it. Fortunately for us, there are laws to protect us once we are in an accident, but those laws can be troublesome for some in certain circumstances. If you have been injured in an accident, contact an Atlanta personal injury lawyer for assistance today.

What is Assumption of Risk?

Assumption of the risk is a fairly common legal doctrine that is meant to help defendants avoid paying for an accident for which they may not be liable. The name of the doctrine may seem self-explanatory, but it is a bit more complex than the name suggests, as any Atlanta personal injury lawyer will tell you.

denys-nevozhai-100695-copy-300x225High-speed chases on the freeway are the kind of dramatic event that seem to be made for the movie screen. One such chase was all too real for a victim who was injured in a crash in Georgia in 2013. What resulted from the chase was a seriously injured victim and a lawsuit against the sheriff’s deputies who conducted the investigation. When you are involved in a case like this, it is important to contact an Atlanta personal injury lawyer for help.

This case, Wingler v. White, began in February of 2013 when a deputy sheriff observed a car straddling the centerline of highway road. He was on patrol that day looking for drug traffickers, and because the license plate was from out of state, he decided to pull the driver over. When the officer put on his blue lights, the driver did not stop. That is when the pursuit began.

High-Speed Chase and a Crash