PERSONAL INJURY OVERVIEW:
A personal injury claim is created when one
person sustains injuries or damages as a result
of someone else's conduct. In such situations,
the injured party is entitled to recover monetary
compensation for such injury from the party
causing the injury. The injured party is called
the Plaintiff and the party causing the injury
is called the Defendant. A claim for damages
can be made when the Plaintiff' s injuries
were caused by either the negligence of the
Defendant or by the Defendant' s intentional
acts. The three requirements for a personal
injury claim caused by negligence are: 1) that
the Defendant was negligent; 2) that the Plaintiff
has sustained injuries; and 3) that the injuries
were caused by the negligence.
The phrase personal
injury cases encompasses a broad
range of different types of cases including,
but are not limited to, injuries resulting
from drunk driving accidents, slip and
fall, wrongful death, automobile accidents
(which would likewise include trucking
accidents and motorcycle accidents), and
nursing home abuse or neglect.
Drunk Driving Accidents
Driving under the influence or Driving
while intoxicated are terms indicating
that the driver of an automobile has an illegal
blood alcohol level, is under the influence
of drugs, or both. Nearly thirty-three percent
of all traffic deaths in this country are caused
by the careless actions of impaired drivers.
Many of these impaired drivers are repeat offenders
whose driver' s licenses have been revoked
by the State of Georgia. Despite the illegality
of driving under the influence, innocent drivers,
passengers, and pedestrians are injured and
even killed almost daily.
Anyone responsible for an accident while driving
under the influence is considered negligent
and, therefore, liable for the injuries and
damages resulting from the accident. In addition,
those who provided the alcohol may also be
considered negligent and liable for damages.
Many states have laws which impose liability
on bars, clubs, restaurants, hotels, and even
party hosts supplying alcohol to clearly intoxicated
patrons. In such cases, commonly called dram
shop cases, a business is expected to
exercise due care and not to serve anyone who
is obviously drunk.
Premises Liability-Slip & Fall
When someone is injured as a result of unsafe
property or building conditions, or falls victim
to a crime because of inadequate security,
they may have a right to make a claim for their
damages against the owner of the property.
In some states the landowner's duty to protect
an entrant on the land depends on whether that
person is a trespasser, licensee or an invitee.
The landowner's duties are different for each
type of entrant. The landowner owes less of
a duty to protect the trespasser then the other
types of entrants. The landowner's duty of
care is highest for business invitees. Some
states, however, have done away with these
multiple classifications in favor of one standard
of "reasonableness under the circumstances" of
a particular case.
Nursing Home Abuse/Neglect
An increasing elderly population has led to
an increased nursing home population, and with
this has come an increased incidence of nursing
home negligence and abuse. Governmental agencies
such as the Center for Medicare & Medicaid
Services help oversee the care and services
provided by nursing homes and both federal
and state governments have established uniform
standards for nursing homes and ensure the
protection and safety of patients.
Unfortunately, despite these governmental
agencies, over one million nursing home residents
are abused in some manner each year. Such actions
can include negligence and active abuse. Whether
the abuse consists of recurrent negligence
or a single incident which causes injury, the
victim has a right to damages. In most cases,
the nursing home in question can lose its certification
for failing to supply the expected care leading
to a loss of federal funding.
Nursing home abuse can include physical damage
from falls, malnutrition or dehydration, bed
sores, gangrene, aspiration pneumonia, over-sedation,
poor medical care, or wrong medication. Just
as damaging, but more subtle, are lack of supervision,
theft, abandonment, defective equipment, sexual
assault, coercion, physical or mental abuse.
All of these can lead to injury or death of
the nursing home patient..
Motor Vehicle Accidents
Every year millions of people are injured
in motor vehicle accidents. Motor vehicle accidents
are the leading cause of injury in the United
States for people ages one to thirty-four.
Many vehicle manufacturers have made safety
improvements to their vehicles including air
bags, rollover bars, reinforced frames, better
tires, etc. Additionally, many states have
passed tougher drunk driving laws. As a result,
many lives may have been spared. However, with
an ever increasing number of vehicles on the
road, motor vehicle accidents still occur with
alarming frequency. In fact, according to the
National Highway Traffic Safety Administration,
every ten seconds someone in the United States
is involved in a car accident.
Wrongful Death
Wrongful Death occurs when a person's death
is caused by the wrongful act or negligence
of another. Wrongful death is recognized in
Georgia as an independent cause of action which
may be filed on behalf of certain members of
the family of the deceased.
Under "common law," the general legal principles
passed from England to the United States over
hundreds of years, this type of claim did not
exist. It was reasoned that the claim died
with the victim; the surviving family members
could not claim damages from the person who
caused the victim's death. To correct this
injustice, the individual states have passed "wrongful
death statutes" over the years. Some form of
wrongful death claim action exists in all state
jurisdictions today. While they all follow
some general principles, each state jurisdiction
is unique, since each state has drafted its
own form of "wrongful death statutes."
A legal cause of action for wrongful death
may arise in a number of different contexts
such as a motor vehicle accident, an intentional
act such as a deliberate murder or an attack,
a death while in a hospital or nursing home,
or where a property owner who fails to meet
safety regulations.
Losing a loved one, especially
in wrongful death situations, is one of the
worst events
that can happen to a person. This is especially
true when the incident could have been easily
avoided. The last thing that grieving family
members want to do after the loss of a loved
one is fight with an insurance company or
investigate the incidents that may have caused
the death.
It is vitally important to preserve evidence
in a wrongful death case. Whether it is a part
from a tool or an appliance, an automobile,
medical records, pill bottles or other items,
the evidence should be retained with the help
of legal counsel. Attorneys are best suited
to assist you with evidence preservation and
all other aspects of the initial investigation
into the incident that you believe may constitute
a wrongful death.
