Under Georgia law, there are numerous different types of "Intentional Torts" which include the following: If you or a family member have been injured or harmed by a dangerous product, or by the negligent or intentional conduct of another person or business, please contact us to discuss your potential case. Such payment schedules are usually arranged ahead of time and can vary widely. Compensatory damages should be available in almost all personal injury cases. The notification letter should include your contact information, accident specifics, and the date when written. Provide supporting documents that explain why you're asking for a specific amount of cash.
Why it Pays to Hire a Lawyer. All you need is knowledge of how insurance companies and how their claims processes work. Even the initial consultation is free. This is a huge decision and you should feel comfortable doing it as one slight mistake could cost you a decent payout. A successful "assumption of the risk" defense must have the harm suffered relate closely to the inherent risk. Loss of financial contribution (general damages): This compensation offsets the loss of the victim's income. As the claimant, and the person who experienced the injury, you know better than the insurance adjuster or attorney how the accident happened. Celebrities or public figures usually need to prove that the untrue statement was made intentionally or with reckless disregard to its untruth. Angie didn't even have to go to court because her attorney settled things faster. However, there are important differences between a personal injury and wrongful death claim. What Types of Cases Do Personal Injury Attorneys Handle? Breakstone, White & Gluck can help you decide your best course of action and can develop the best legal strategy for demonstrating your claim. • Can you accept any decision? A settlement, arbitration hearing, or courtroom trial may occur before the personal injury claim process is done.
Expect this check anywhere from two to eight weeks from the agreement date. Accepting the first offer can cost you thousands! Depending on the state, not all family members can recover. You can share evidence that supports your case in court. Then you can begin a proper treatment schedule while backing your claim. We are incredibly selective about the cases we take because it is important to us that we have the time and resources to devote to our clients. Element Four: The Plaintiff Must Suffer Compensable Injuries or Damages Manner - In every personal injury case, the plaintiff must prove that he actually suffered some injury that was caused by the negligent conduct of the defendant.
Physical disfigurement and impairment. Against a Chicago hospital in a medical malpractice lawsuit filed after a former police officer suffered a severe brain injury due to the negligence of the nursing staff. We answer questions like, "How are personal injury settlements paid out? " Click here for an explanation of what to expect once a lawsuit is filed. The civil justice system in Georgia and in all states is based upon the concept of fault. So, if you have suffered an injury or illness caused by doctors, nurses, clinic, laboratory, hospital or other medical provider, the wisest thing to do is to hire a lawyer experienced in medical malpractice matters as these cases can often be intricate as both the medical questions and the legal rules come into play. Exceptions exist in a dozen or so "no fault" states, where drivers must collect from their own insurers except in cases of "serious" injury. For example, under Georgia law, every motorist has a legal "duty" to follow the "rules of the road" and operate their motor vehicle in a reasonably safe manner. The payout will be different if receiving a structured settlement or minor conservatorship. Property owners (or, in some cases, property renters) have a duty to keep their premises reasonably safe, so that people on the property do not get injured. How Much Money Can You Save by Filing a Claim Yourself?
Wrongful death damages are a combination of special compensatory damages and general compensatory damages that are applicable only within wrongful death cases. File Your Case Sooner Rather Than Later. All persons injured by the negligence of another person or entity must be aware that there is an applicable statute of limitation that requires the filing of a lawsuit within a certain period of time. Breakstone, White & Gluck has an office in Boston at 2 Center Plaza #530 in Pemberton Square, within walking distance of the John Adams Courthouse and Suffolk County Superior Court. We were able to sit in on the depositions and we were really able to see how hard they worked on our behalf. If the type of settlement received is compensatory then, no. Personal Injury Claim – The Nuts & Bolts. A personal injury lawyer can assist you too. It is usually beneficial for both you and the insurance company to accept a settlement, but it's not always possible. If you are a total whiz, this plan could actually backfire. Airbags have improved the crashworthiness of automobiles and many other technological advances involving many other products have reduced injuries. The average personal injury court case requires many documents. For example, in a car accident where you're found to be 25% at fault, while the other driver is deemed 75% at fault (via a police report or stipulation via an insurance company investigation), any compensation will likely be reduced by 25%.
Let an experienced attorney specializing in personal injuries clear things up for you. Was an irreplaceable piece of property, such as a family heirloom, damaged or destroyed in the incident that caused your injury? If you were doing some type of work-related activity when injured, you can file this claim. Follow the steps below. There's no downside to getting a no-cost consultation from a firm run by a board certified personal injury attorney. Learn how we overcome potential complications. Was your car, bike, boat, etc. • Nursing Home Abuse or Neglect. There are two categories of compensatory damages: for economic losses and for non-economic losses. What Constitutes a Personal Injury Case? However, there are many types of personal injury cases which involve wrongful conduct by the defendant which is intentional rather than merely negligent, and many of these cases involve harm to the plaintiff which does not include a bodily injury. It is only after we obtain a successful verdict or settlement that we collect our fees and costs from your total award. Request records that show how bad injuries are.
Everything you say can and will be held against you in court. Request a reply in writing. A Chicago personal injury lawyer can thoroughly evaluate your case and assess your legal options. Our Boston premises liability attorneys can help if you or your loved one sustained injuries and losses because of: - Construction site accidents. Punitive damages may be awarded in some wrongful death cases. Investigating and Gathering Evidence to support your claim. According to 735 ILCS 5/2-1115.
Questions about you: • Are costly medical treatments needed? Your employer's insurance company determines a set amount for your loss in a workers' compensation claim. Insurance companies stonewall in various cases. Cost of prescription medication. Typically, you can file a complaint against the defendant, which kicks off the lawsuit. After waiting for what seemed like forever for a trial date, Bob represented himself in court and won $75, 000. This article was initially published in December 2018, but was updated April 2022 for comprehensiveness. Court or Arbitration? Your injury lawyer at Stokes Stemle, LLC will immediately notify you of when an offer for settlement is received and discuss with you the different options you have based on his or her knowledge and experience in dealing with thousands of other personal injury claims.
This generally means a demand for compensation is not submitted to the insurance company, and settlement negotiations do not commence, until you have completed your medical treatment, or are far enough along in your medical treatment, that there is sufficient reasonable certainty regarding your future medical condition and need for future medical care. How long will it take to recover? The Houston personal injury attorneys at Mithoff Law have spent decades helping clients receive the personal injury compensation they deserve.
It only gets worse if lawyers get involved as now the company will also have to fork out lawyers' fees and if the claim goes to court, the cost skyrockets. • Would you prefer a jury? Loss of consortium/companionship (See wrongful death damages below). Children and the elderly are far more likely to suffer catastrophic injuries from accidents, especially those involving falls.