After an accident in which you suffered injuries, you may find it difficult to pay medical bills, and you may need to take time off from work to heal. If the accident was the fault of another person or entity in Georgia, you may be able to bring a personal injury lawsuit to recover damages. You should consult a seasoned trial lawyer about your case. The Atlanta personal injury lawyers at Van Sant Law may be able to help. Our attorneys provide clients with attentive legal services and pursue the greatest recovery possible. We can sign up your case electronically or following a visit to your home or another location convenient to you, whichever alternative you prefer.Personal Injury Overview
Personal injury lawsuits may arise from situations such as car crashes, motorcycle collisions, bicycle collisions, truck accidents, nursing home negligence, animal attacks, trip and falls, or defective products. What you will need to prove after an accident depends on the circumstances under which you were injured. However, many personal injury lawsuits are pursued under a theory of negligence. You will need to prove by a preponderance of the evidence that a defendant failed to use reasonable care under the circumstances, and this failure caused your injuries and resulting losses. For example, you may be able to recover damages if you can establish that you sustained traumatic brain injuries in a motorcycle accident caused by a drunk driver who failed to yield when making a left turn. For another example, a personal injury attorney in Atlanta may be able to help you recover damages if you sustained spinal cord damage and crush injuries due to a trucking company’s negligent training of a truck driver who plowed into your vehicle.
Slip and fall accidents are a little different. You will need to show that you were injured on someone else's property, that the property owner owed you a duty to keep the property safe for visitors, that the property owner's failure to abide by that duty caused your injuries, and that you sustained damages as a result. In addition, you will need to show that the property owner had actual or constructive knowledge of the dangerous condition that caused your injuries.Comparative Negligence
In a personal injury lawsuit, it is not uncommon for a defendant to blame the plaintiff for the accident. Georgia follows the rule of modified comparative negligence. Under this rule, you can be barred from recovery if you were 50% or more responsible for an accident. Otherwise, your damages will be reduced by an amount proportionate to your fault. For example, if the damages are $500,000, and you are found to have been 10% at fault for the accident, you can recover $450,000 from the other party.Damages
If your Atlanta personal injury attorney can establish liability, you will be entitled to compensatory damages. These are damages meant to make you whole. When injuries are catastrophic or fatal, it can be difficult to quantify them. An experienced attorney can make a difference in getting the full damages to which you are entitled.
Economic losses that may be recovered include loss of wages, medical bills, household expenses, out-of-pocket costs, alterations to your home, and rehabilitation. Non-economic losses that may be recovered include loss of consortium, mental anguish, loss of enjoyment of life, and pain and suffering. Economic losses are typically documented. However, a skillful attorney will also work to show all the ways in which you were intangibly harmed by the defendant or the defendant's actions; non-economic losses can vary dramatically depending on who is representing you and how well they tell your story.
When a defendant’s misconduct has been egregious, it may be appropriate to pursue punitive damages. These are damages meant to deter future wrongdoing. They may not be available in an ordinary car accident lawsuit, but they may be awarded when an accident was caused by the defendant’s drunk driving.Retain a Personal Injury Lawyer in Atlanta or the Surrounding Areas
If you sustained injuries because of another party’s negligence or misconduct, you should consult the seasoned personal injury attorneys at Van Sant Law. Our firm is dedicated to pursuing justice for accident victims. We also represent workers in their workers’ compensation claims. We assist people throughout Georgia from offices in Atlanta, Alpharetta, Athens, Cumming, Duluth, Lawrenceville, and Gainesville. Call us at 855-GA-INJURY or complete our online form.