sirotorn-sumpunkulpak-180515-copy-300x200A  recent case out of the Georgia Court of Appeals Second Division illustrates why the details and facts involved in a personal injury case are so important to the outcome. In any instance in which a person is injured, and even badly, recovery is nearly impossible unless all of the exact and accurate facts are produced in the course of trying to recover. Depending on the case, these essential facts can be locations, dates, people involved, and more.

In this case, Williams v. City of Atlanta, the complaint was straightforward and should have led to a recovery for the victim. The victim in this case was walking down the road in Atlanta when he stepped in a uncovered water meter hole. He was injured as a result, and brought suit against the city after contacting an Atlanta personal injury lawyer. However, personal injury cases operate differently when the city is involved.

Ante-Litem Notice in Personal Injury Cases

hannah-morgan-39891-copy-300x200A property owner in Atlanta or anywhere in Georgia has certain duties when inviting a member of the public onto his or her land, building, or property. One of the primary duties is to keep the place safe. This is a mainstay in our system of justice, and is meant to obligate property owners to maintain and keep their property in safe condition for those who enter. If you have been injured on someone else’s property, reach out to an Atlanta premises liability lawyer right away.

While property owners have a duty to keep their premises safe, it is not absolute. There are rules, regulations, and court opinions that go into what a property owner must do to ensure his or her property is safe enough for the members of the public invited onto it. These general rules are what come into dispute when a person is hurt on another’s property and seeks to be compensated for those injuries.

Georgia Court Explains Property Liability

christopher-ayme-157131-copy-300x200The Georgia Supreme Court decided a case earlier this year that provides a good overview of Georgia dog bite laws. In it, we learn about the different elements that go into a claim for a dog bite in Georgia, and what can and should happen after a person is bit by a dog and incurs serious injury. It is also an important lesson for both dog owners and victims of dog bites alike. If you have been bitten by a dog inGeorgia, seek the assistance of an Atlanta dog bite lawyer right away.

The case Steagald v. Eason, began in 2011 when one neighbor visited another in their backyard. The visiting neighbor approached the dog and extended her arm. Immediately the dog bit her arm. In her attempt to escape, the dog latched onto her leg. Both the arm and leg were badly injured because of the dog bites, and as a result, the victim brought a suit against the owner of the dog, and the property owner who let the dog stay there.

Before the vicious dog bite that ended in a lawsuit, the owner of the dog moved into the home owner’s home, and asked to bring the dog. The homeowners said it would be alright, as long as the dog owner built a pen for the dog, as it was a pit bull. The pen was built, and later on it became evident how aggressive the dog is. He snapped at the homeowner without being provoked, and otherwise barked and acted aggressively. These facts were important in the ultimate lawsuit.

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The Atlanta suburb Roswell is facing a lawsuit from a former police officer there who was in a motorcycle accident. The case brings to the fore questions about victims’ rights, federal and state law protecting those injured or disabled after an accident, and what remedies a person has to uphold his or her rights. It is also an example of how important it is to hire the right Atlanta personal injury lawyer following an accident.  

This case began in February of 2014 when the veteran police officer was doing a side job, escorting a funeral procession. On the road, during the procession, he was rear-ended by a woman driving a car, and left on the road, severely injured. As it turned out, he suffered an open-pelvic fracture, paralyzed right hand, and spent some time in a coma. All of these injuries led to a substantial period of recovery for the man.

Return to Work

felix-russell-saw-234901-copy-300x200An oft-stated realism of the law is that most cases settle before trial. This is true of both criminal and civil cases. In the vast majority of litigations and prosecutions, both sides would rather settle their dispute on mutually agreeable terms than throw the case in front of a jury to have them decide the parties’ fates. This is not to say that some cases should absolutely go to trial, but the fact is that most do not.

This is also true when it comes to accident and injury cases. In most situations, there will be a victim, a negligent party, and a company who represents the negligent party and is part of the case as a result. The object of filing suit and bringing a claim against the negligent actor and insurance company is to ensure that the injured victim is justly, and appropriately compensated for the injuries they suffered. Because most of these case will end up in settlements, the details and laws revolving around settlement are important to know. If you have questions about your personal injury case, contact an Atlanta personal injury lawyer today.

Details Matter in Settlements for Georgia Cases

niklas-rhose-14302-copy-300x225Most people have probably heard the term, “statute of limitations,” and it is likely that there is a vague understanding of what it means in the general public. In most instances, when people refer to a statute of limitations, they are talking about a crime and how the state cannot prosecute someone if it waits too long before filing suit. The legal term, “statute of limitations” applies more than just criminal law, however. If you have questions about the statute of limitation in your case, contact an Atlanta personal injury lawyer today.

The civil side of the law also has statutes of limitations. This means that there are limits on how long a person can take to make a claim for something like a personal injury, breached contract, property loss, and other types of claims. Each of these claims has a statute in the Georgia code limiting when a claim can be brought, which a personal injury attorney in Atlanta can help you understand further.

Personal Injury

jens-lelie-20096-copy-300x201The majority of personal injury cases settle out of court with an agreement between both parties and never go to trial. If you have been injured and have questions about filing a personal injury lawsuit, contact an Atlanta personal injury lawyer as soon as possible. A recent personal injury case involving the Georgia-based gunmaker Glock and an Arkansas police officer settled out of court after the officer sued the company under personal injury laws in federal court. The judge dismissed the case once the parties settled.

This case began in June of 2013 when the police officer reportedly shot himself in the foot without even pulling the trigger. The lawsuit was based on a theory that the pistol was unsafe in its design because of the potential to misfire without such safety measures as a safety or an un-cocking device. Whether these arguments would have won the day in court remains to be seen because both sides negotiated a settlement, and a judge or jury did not provide a judgement.

The details of the settlement will not be released to the public, under the orders of the judge who oversaw the case. Under the terms of the settlement and dismissal of the case, neither side can disclose what happened in settlement negotiations or for how much the case settled. This is quite common in cases involving large companies. If you have questions about your own potential personal injury settlement, contact an Atlanta personal injury lawyer today.

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Under Georgia law, any employer with more than three employees is required to obtain workers’ compensation insurance policies for all of its employees. Workers’ compensation insurance is meant to provide compensation for medical expenses, lost income, death benefits, etc., to an injured employee after he or she has been injured while on the job. If you have been injured on the job, you should speak to an Atlanta workers’ compensation lawyer as soon as possible.

As a general rule, any employee who is injured on the job is eligible for worker’s compensation regardless of who is at fault for causing the accident. For example, if  an employee accidentally causes his or her own injuries while on the job, the employee is eligible for workers’ compensation benefits. Similarly, if the employer or a co-worker is responsible for causing an employee to suffer injuries, the injured employee is eligible for workers’ compensation benefits. If you have questions about your eligibility for workers’ compensation benefits, speak to an experienced workers’ compensation attorney serving Atlanta today.

Can an Employee Jeopardize His or Her Right to Workers’ Compensation?

nabeel-syed-2856-copy-300x200Many car accident personal injury cases involve multiple potential defendants and whenever a lawsuit has multiple potential defendants, liability issues can get complicated pretty quickly. The first issue in cases involving multiple potential defendants is determining the legal basis for liability of each potential defendant. The second issue is determining the proportion of liability for which each defendant is responsible. Anyone who has been involved in a multi-vehicle accident needs to speak with an experienced Atlanta car accident lawyer as soon as possible about his or her particular circumstances.

Multi-Car Accidents

The most frequently encountered car accident situation involving multiple potential defendants is a multi-car accident. Multi-vehicle accidents occur every single day in Atlanta. In these cases, multiple vehicles end up in a collision together. The genesis of the accident might be a single negligent driver whose actions produce a chain reaction of other cars colliding into one another, or several vehicles could be involved in an accident together. Whatever the circumstances of the multi-vehicle wreck are, it will be critical to determine each vehicle’s comparative fault in causing the accident.

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All too often in Atlanta, careful bicyclists are involved in bicycle accidents due to the negligence of a motor vehicle driver. There is little in terms of safety equipment on a bicycle to protect a rider during an accident; there are no seatbelts, no airbags, and no walls to shield the bicyclist during an impact. Since bicyclists are substantially more vulnerable to harm than the occupant of vehicle, bicyclists often suffer significant injuries when they are hit by a negligent driver of a motor vehicle. Anyone who has been injured in a bicycle accident needs to speak to an experienced Atlanta bicycle accident lawyer as soon as possible about his or her particular situation, injuries, and how to obtain financial compensation.

Do Motor Vehicle Drivers Have Legal Obligations to Bicyclists?

Any bicycle accident attorney in Atlanta can tell you that motor vehicle drivers owe a legal duty of care to bicyclists. To say this another way, motor vehicle drivers have legal obligations when it comes to how they treat the bicyclist who share the roads with them. When motor vehicle drivers act negligently and do not provide bicyclists with the respect that they deserve, bicyclists are the ones who get injured and their personal injuries are often severe.