Understanding Your Rights as a Victim

Understanding your rights as a victim of public assault is critically important. Legally, you have the right to safety and security, and any violation of this through violence or intimidation is typically regarded as an assault. This could range from threats and verbal abuse to physical attacks.

In the event of an assault, you have the right to report the incident to the police who are obligated to investigate your case thoroughly. In addition to this, you may be entitled to compensation for any injuries or trauma sustained, which can be pursued through a personal injury claim. Legal protections are available to shield victims from further harm, such as restraining orders against the perpetrator. Remember that legal procedures can often be complex, so seeking legal advice from a professional may be beneficial.

Beyond Criminal Cases: How a Personal Injury Lawyer Can Help

In the aftermath of an assault in a public place, victims may find themselves involved in two distinct types of legal proceedings: criminal and civil. A criminal case is initiated by the state or federal government, often through the district attorney’s office, with the purpose of punishing the offender for their illegal conduct. In these cases, the defendant, if found guilty, faces penalties such as imprisonment, probation, or fines.

On the other hand, a civil case is brought by the victim with the intention of obtaining compensation for the harm suffered. In a civil suit, the focus isn’t on punishing the offender, but rather, on helping the victim recover damages for medical expenses, lost wages, or emotional distress. While a criminal case requires proof beyond a reasonable doubt, the burden of proof in a civil case is lower, requiring a preponderance of the evidence.

In such trying times, the support and guidance of a personal injury attorney who has experience in assault cases can serve as a pivotal resource. These legal professionals understand the intricacies of assault laws and are skilled at navigating through the complexities of the legal system. They can advocate on your behalf, ensure your rights are protected, and strive diligently to secure the justice you deserve. Their expertise can be instrumental in your journey toward recovery and resolution.

A personal injury attorney can support you by:

• Evaluating Your Case: An experienced personal injury attorney will first thoroughly assess your case, taking into account all the facts, circumstances, and existing evidence. They will provide you with an objective perspective on the strengths and weaknesses of your case and discuss the potential outcomes.
• Providing Legal Advice and Guidance: Personal injury attorneys are knowledgeable about the laws and legal protocols related to assault cases. They can explain complex legal jargon, provide advice on legal rights and obligations, and guide you through each step of your legal journey.
• Collecting and Investigating Evidence: Your attorney can help gather crucial evidence to support your case. This might include surveillance footage, witness testimonies, and medical reports detailing your injuries. They can also coordinate with law enforcement and private investigators as needed.
• Representing Your Interests in Court: If your case goes to trial, a personal injury lawyer will represent you in court, presenting your case in the most compelling manner possible. They will prepare and file necessary court documents, question witnesses, and counter any arguments made by the defense.
• Negotiating Settlements: Many personal injury cases are resolved through settlements rather than trial. Your attorney can negotiate with the opposing party on your behalf to secure a fair and adequate settlement that compensates you for your injuries and suffering.
• Providing Emotional Support: Beyond the legal aspects, attorneys often provide emotional support to their clients, helping them cope with the stress and anxiety associated with legal proceedings. They can also refer you to therapy or counseling services if required.

At Davis Injury Firm, we understand the physical, emotional, and financial challenges that victims of assaults in public places face. Our experienced personal injury attorney is dedicated to providing compassionate legal representation and fighting for the justice and compensation you deserve.

Remember, you are not alone, and there is help available to guide you through this difficult time. Call us at (404) 593-2620 to schedule a consultation.

Falls from Heights

One of the leading causes of injuries on construction sites is falls from heights. Whether it’s scaffolding, ladders, or elevated platforms, working at height poses significant risks. Inadequate safety measures, failure to use personal protective equipment (PPE), and lack of proper training are major contributing factors. Injuries from such falls can range from fractures and sprains to severe head injuries, making fall prevention and safety training paramount.

Collision Accidents

The hustle and bustle of a construction site means that workers and heavy machinery coexist, increasing the chances of collision accidents. Falling objects, swinging equipment, or vehicles colliding with workers can result in serious injuries, including broken bones, concussions, and internal organ damage. Encouraging designated walkways, proper signaling, and the use of hard hats can significantly reduce these accidents.

Electrocutions

Construction sites are buzzing with electrical equipment and wiring, making workers susceptible to electrocutions. Mishandling of electrical devices, damaged cords, or contact with live wires can lead to severe burns, cardiac arrests, and even fatalities. Strict adherence to electrical safety protocols and regular inspections are essential to prevent these incidents.

Caught-in or Between Accidents

Construction equipment like excavators, bulldozers, and loaders can pose a threat if not handled with care. Workers can get caught in machinery or between equipment and structures, resulting in crush injuries, amputations, and sometimes fatal consequences. Thorough equipment training, clear communication, and the implementation of safety procedures can help mitigate these risks.

Slips, Trips, and Falls

Uneven terrain, cluttered walkways, and wet surfaces make construction sites a hotbed for slips, trips, and falls. These seemingly minor accidents can cause major injuries, such as sprains, fractures, and head trauma. Promoting a clean and organized workspace, using appropriate footwear, and promptly addressing hazardous conditions can minimize such incidents.

Strain Injuries

Construction work often involves repetitive tasks, heavy lifting, and prolonged physical exertion, leading to strain injuries. Back pain, strains, and joint problems are common among construction workers. Encouraging regular breaks, proper ergonomics, and providing mechanical aids for lifting can help reduce the prevalence of these injuries.

Respiratory Issues

Construction sites are prone to the release of dust, chemicals, and other airborne contaminants. Workers exposed to these hazardous substances may develop respiratory issues, including occupational asthma and other respiratory disorders. Using respiratory protection, proper ventilation, and minimizing dust generation can safeguard workers’ lung health.

At Davis Injury Firm, we specialize in personal injury cases, including those related to construction site accidents. Our experienced team understands the complexities of these cases and will fight to ensure you receive the compensation you deserve. Contact us today for a consultation.

1. Crush Injuries and Amputations:

Forklift accidents often involve the crushing of body parts, leading to severe injuries or even amputations. To mitigate the risk of crush injuries, it is crucial to emphasize proper training for forklift operators, including safe loading and unloading procedures. Additionally, workers should always wear appropriate personal protective equipment (PPE) such as steel-toed boots and high-visibility clothing.

2. Back and Spinal Injuries:

The impact of a forklift accident can cause significant damage to the back and spine, resulting in chronic pain and mobility issues. To prevent such injuries, workers should be educated on proper lifting techniques and encouraged to use assistive devices when handling heavy loads. Prompt medical evaluation and treatment are vital in cases of back and spinal injuries to prevent long-term complications.

3. Head and Brain Injuries:

Head injuries are a common consequence of forklift accidents, often resulting from falling objects or collisions. Wearing a hard hat is crucial for workers in areas where forklift operations are conducted. Furthermore, implementing safety measures such as barriers and warning signs can help prevent accidents and minimize the risk of head and brain injuries.

4. Fractures and Broken Bones:

The impact of a forklift accident can lead to fractures and broken bones in various parts of the body. Prompt medical attention is essential to assess the severity of the injury and provide appropriate treatment. Employers should ensure that workers receive immediate medical attention and are aware of their rights to workers’ compensation benefits.

5. Chemical Exposure and Burns:

In some forklift accidents, workers may be exposed to hazardous chemicals or suffer burns due to contact with hot surfaces or flammable materials. Proper training on handling hazardous substances and the use of appropriate safety equipment, such as gloves and goggles, is crucial to prevent chemical exposure and burns. In case of an accident, immediate decontamination and medical evaluation are vital to minimize the long-term effects.

Understanding the common injuries associated with forklift accidents is crucial for both employers and workers to prioritize safety measures and minimize the risk of accidents. If you or a loved one has been injured in a forklift accident, contact Davis Injury Firm. We can help you navigate the complex process of obtaining compensation for your injuries.

In this blog post, we will discuss what constitutes rape and sexual assault in an apartment complex setting and how a property owner or operator can be held liable for not preventing such heinous acts from happening on their watch.

Apartment Complex Rape and Sexual Assault

There are certain security measures that property owners can take to prevent heinous crimes such as the rape and sexual assault of tenants and visitors. Unfortunately, apartment complex owners can sometimes value profit over safety, and crimes usually occur on properties where the owners have failed to implement proper security measures in order to save money. A lot of times, you see big corporations or private equity firms owning and operating apartment complexes without any true regard for tenant safety. Normally, these types of apartment complexes are not only dangerous but are also often accompanied by generally poor living conditions that landlords refuse to fix. This lack of care includes failing to protect tenants and visitors from violent crimes.

In unsafe apartment complexes that have known violent criminal activity, property owners can do many things to prevent crimes from occurring. Some safety and security measures include:

• Adequate lighting
• Fencing
• Gated entry
• Security patrol
• Warning signs are posted for residents and visitors
• Criminal background checks for residents, employees, and others
• Installing proper locks for doors and windows
• Surveillance cameras

Where apartment complex owners know that there are past violent crimes and fail to take reasonable measures to protect people from those crimes, they can be responsible to crime victims for the injuries and pain and suffering that result.

The Property Owner or Operator May Be Liable

If you or someone you know has been the victim of rape or sexual assault in an apartment complex, you may be able to bring a civil claim against the property owner for failing to protect you from being a victim of crime.

In order to prove liability, it must be shown that the property owner or operator knew or should have known that there was a risk of rape or sexual assault and failed to take reasonable steps to prevent it from happening.

Sadly, people who do not have the ability to fight these powerful property owners are disproportionately victims of crime, and these property owners know that they can often get away with doing the bare minimum. That is where we come in to fight for what is fair and force apartment complex owners to think twice about allowing people to be hurt on their property. If you have been the victim of rape or sexual assault in an apartment complex, contact our experienced personal injury attorney at Davis Injury Firm today to discuss your legal options. You may be entitled to compensation for your injuries, pain and suffering, and more.

Contact the skilled team at Davis Injury Firm right away by calling (404) 593-2620. If you prefer, you can also fill out the online contact form, and someone from our team will reach out to you right away.

Under Georgia law, drivers who are involved in vehicular accidents are required to stop at the scene of a car accident and render assistance to any injured persons and could be subject to criminal prosecution for failure to do so. Further, in a civil suit, that hit-and-run driver could be liable for punitive damages. Thus, when a person leaves the scene of an accident, it is important to find that at-fault driver if you are the injured victim.

Drivers leave the scene of accidents for various reasons, including not having insurance or a driver’s license, being drunk, or just being afraid that they caused an accident. At any rate, such behavior is against the law and can be subject to both civil and criminal sanctions.

Finding the at-fault driver could be difficult or impossible, but when you are injured in a car accident, an experienced personal injury attorney would be able to assist you with investigating the identity of the hit and run driver. Interviewing eye-witnesses, making requests for records of 911 calls, and video footage are all options for finding the hit and run driver.

If you or your attorney successfully finds the at-fault driver, then you can seek compensation for your bodily injuries under the driver’s automobile insurance policy. Further, you can even ask for what is known as “punitive” damages, which are based on the at-fault driver’s bad conduct.

Punitive damages are different from compensatory damages, which are given to you to pay for medical bills and pain and suffering. That is, punitive damages can be awarded on top of compensatory damages solely on the basis of the at-fault or hit and run driver’s conduct. Under some circumstances in Georgia, courts have allowed punitive damages to be awarded even when the at-fault driver did not “hit and run” but instead left the scene before the police arrived.

If you are unsuccessful in finding the hit and run driver who caused the accident, you can try to recover for your bodily injuries under your own uninsured motorist policy or any other applicable insurance you may have. Thus, it is also important to maintain enough coverage under your uninsured or underinsured motorist policy to adequately compensate you if you are injured in a car accident.

To fully explore your options when you have been injured by a hit-and-run driver in Georgia, you should seek the advice of a qualified car accident attorney. Call us at (404) 593-2620. We are happy to set up a consultation with an attorney for you at The Davis Injury Firm.

Georgia law allows victims of car accidents to recover from bars, restaurants, or even party hosts who serve alcohol to drunk drivers or underage drivers under a law that is commonly known as “Dram Shop” liability. The Georgia law can be found in O.C.G.A. Section 51-1-40.

The Dram Shop Law in Georgia

Pursuant to the Georgia statute, a victim of a car accident seeking to recover from a bar, restaurant, or party host for overserving a drunk driver who subsequently causes an automobile wreck must prove the following:

1. That the bar, restaurant, or social host willfully, knowingly, and unlawfully sold or provided or served alcohol to a person who is not old enough to drink; or, knowingly sold or provided or served alcohol to a person who is old enough to drink but is noticeably intoxicated;
2. That the bar, restaurant, or social host knew that the minor or intoxicated person would be driving a vehicle soon; and,
3. That the sale, furnishing, or serving of the alcohol proximately caused the victim’s injuries or damages.

Just like any tort claim or claim based on negligence in Georgia, Dram Shop liability is founded upon the theory that a bar, restaurant, or social host has a duty of care to act reasonably to prevent drunk drivers from injuring third persons.

Of course, bars, restaurants, and other social hosts are not automatically on the hook for Dram Shop liability, nor do they have the duty to actually prevent the drunk driver from driving. The responsibility is to not knowingly (actually knowing or even if the server SHOULD have known the person was drunk) serve or sell or furnish alcohol to a clearly intoxicated individual who is about to drive; that is, if a bar or restaurant or a social host sees that a drunk person (or an underage drinker), they should stop serving drinks to that person, but are not responsible for forcibly preventing the person from driving.

How to Prove Liability

So proving Dram Shop liability would likely require eye witness testimony where perhaps another patron sees a bartender serve a clearly intoxicated individual a drink and testimony about what happened throughout the time leading up to the car accident. Or, there could be video footage of the incident where a bar or restaurant served a clearly drunk individual. Further, the claimant would have to prove that the drunk driver was actually drunk; that can be done with expert testimony or with a blood alcohol test.

What Dram Shop Liability Means for Injured Victims

The Georgia Dram Shop laws provide another means by which victims of car accidents caused by drunk drivers can recover compensation for serious injuries. Normally, when a drunk driver or any negligent driver causes a car accident in Georgia, the injured victim has to pursue the at-fault driver via his/her automobile insurance or other insurance policies. Most individuals have minimal coverage for bodily injuries under their automobile insurance policies that would be unlikely to provide enough compensation to victims who suffer serious injuries or death. Thus, the Georgia Dram Shop laws open up liability to businesses that could have additional insurance coverage with which to compensate victims.

As finding available insurance coverage for an individual injured in a car wreck in Georgia can be complicated, please call us at (404) 593-2620 to speak to an attorney if you or a family member are facing these difficult issues.

IVC filters, which are manufactured by big medical device manufacturers such as Cook and Bard, have been known to cause significant injuries to patients because of safety issues with the IVC devices. An IVC filter is a medical device in the shape of a cone with spider-like wire, that is implanted into the “inferior vena cava” (IVC). The IVC is the vein that transports deoxygenated blood from the lower/middle part of the body to the right atrium of the heart. The IVC filter is implanted in order to prevent pulmonary embolisms from occurring; a pulmonary embolism is where the artery to your lungs is blocked (typically by a blood clot) and can cause shortness of breath, fainting, and even death. The IVC filter is designed to catch blood clots trying to move to the heart and lungs.

How Do IVC Filters Cause Injuries?

However, IVC filters have been found to be dangerous to patients and have caused significant injuries and even death. IVC filters have broken off from the place where they have been implanted and migrated to other parts of people’s bodies. The IVC filters can puncture organs, such as the heart and lungs, cause bleeding, puncture veins, and even move to the brain and cause strokes. When an IVC filter breaks apart and causes internal injuries, patients often have to undergo risky emergency surgery; often, the IVC filter pieces cannot be removed, meaning that the device will be stuck inside of a person’s body and likely cause injuries.

What Types of IVC Filters Cause Injuries?

The types of IVC filters that have been reported as faulty and are the subject of lawsuits include the Bard G2 Express Filter, Bard Recovery Filter, Bard G2 Filter, Cook Gunther Tulip Filter, Cook Celect Filter, and Boston Scientific Greenfield Filter.

Do the Manufacturers of IVC Filters Know About Their Dangers?

According to the Food and Drug Administration, the use of IVC filters is risky, so the filters should be removed as soon as a patient’s risk of having a pulmonary embolism subsides. Further, studies have shown that a more effective alternative treatment for blood clots that can cause pulmonary embolisms is blood-thinning medication. Despite knowing this information as early as 2010, manufacturers of the IVC filters continue to market the filters to doctors and patients.

Can You Bring A Lawsuit Against IVC Filter Manufacturers?

Yes, if you have been injured by a defective IVC filter, you can sue the manufacturer of the filter. Attorneys in Georgia and across the country have filed lawsuits against manufacturers under theories of defective design, negligence, misrepresentation, and failure to warn. If you are a patient who has experienced complications with IVC filters, please call Betty Nguyen Davis at 404-593-2620 for a consultation with an attorney.

What Is The Value Of Your IVC Filter Lawsuit?

Each case is different, so the value of your claim depends on the types of injuries you suffered, the manufacturer of the IVC device, the amount of pain and suffering you experienced, the amount of time you suffered the injury before it was rectified, the amount of work you lost from your injuries, and the amount of your medical bills stemming from the IVC filter injury. One of our experienced attorneys can assist you in evaluating your claim. Please call Betty Nguyen Davis at (404) 593-2620 for a consultation with an attorney.

The term “personal injury” refers to a broad scope of practice areas that can range from suffering from neck and back pain from a car accident to losing a limb from a dangerous product to breaking an arm in a boating accident.

Under civil law in Georgia, people who are hurt as a result of another person’s or even a company’s “negligence” can be held economically liable. “Negligence” is a legal term that means someone failed to act carefully or reasonably. The law allows the victim of negligence to seek compensation if the victim can show that the at-fault party’s negligence caused his or her to suffer from injury and damages.

While most “personal injury” claims start out as insurance claims against the at-fault party’s car or home or a commercial insurance policy, many personal injury claims result in lawsuits.

Initiating a civil lawsuit is a right that stems from the 7th Amendment of the Constitution’s right to a jury trial. A lawsuit begins with the filing of a complaint and summons and service on the at-fault party. The complaint will ask for monetary damages for injuries that the at-fault party caused; of course, the at-fault party has the opportunity to file an answer and the parties engage in litigation over the related issues. The end result is a trial by jury, where a jury determines if the person who is being sued is at fault and if the injured victim is entitled to compensation and the amount of that compensation if any.

Thankfully, we as citizens have the option to utilize lawsuits to recover from life-changing injuries from the negligence of other parties. That gives us the power to ensure that people and companies strive to act carefully to prevent accidents and to keep the general public safe. And, it also allows someone who has incurred significant medical bills, lost wages, and other expenses to recover compensation for their losses. Such compensation is imperative for a person who suffers a permanent injury and requires long-term future medical care, or even for someone who missed work for two weeks and needs the compensation to pay for basic needs.

No matter what type of personal injury case you may have, you would be wise to consult the advice of an honest and qualified attorney to assist you. The attorneys at The Davis Injury Firm will evaluate your case honestly and work hard to seek fair compensation for your injuries. To speak to a personal injury attorney today, call (404) 593-2620

If you have a personal injury claim in Georgia that must be disclosed as an asset in bankruptcy, you must:

1. Inform you Georgia personal injury attorney that you may file bankruptcy or that you have already filed bankruptcy;
2. Inform your bankruptcy attorney in Georgia that you have a potential personal injury claim;
3. Obtain court permission from the bankruptcy court to proceed with your personal injury claim and for your personal injury lawyer to be approved as counsel for you in the case.

If you have been injured and have a personal injury claim in Georgia and you also have a bankruptcy case in Georgia, you should speak to an attorney about the matters. It can be quite complex, and you do not want to lose your personal injury claim by failing to properly disclose it to the bankruptcy court. For more information, please call The Davis Injury Firm at (404) 593-2620 for a consultation.

The first thing you need to do is inform your Georgia personal injury lawyer that you are either a debtor in a pending bankruptcy case or you are considering filing bankruptcy in Georgia. Obtaining a personal injury settlement in Georgia is complex when you also have a pending bankruptcy matter.

If you are already in an active bankruptcy case, your Atlanta personal injury attorney and your Atlanta bankruptcy attorney need to collaborate to make sure your claim is preserved. If you are in a Chapter 7 case, any money that you may obtain from a personal injury lawsuit may be an asset that is subject to liquidation by the bankruptcy trustee. Thus, you must be very careful about settling the claim and disbursing the funds, and your personal injury attorney must seek court permission to represent you in the claim for your injuries. If you are in a Chapter 13 case, the money you obtain from a personal injury settlement in Georgia could be considered disposable income and also may be required to be paid to the creditors in your case. Similarly, your personal injury attorney must obtain court permission to represent you.

If you or a loved one has been injured in an automobile accident in Georgia and needs an attorney to help you with resolving the claim while under bankruptcy, call The Davis Injury Firm at (404) 593-2620 for a consultation.

The Do’s of a Successful Personal Injury Case

• Do call the police to the scene.
• Do obtain an incident report.
• Do call an ambulance to the scene.
• Do seek medical treatment immediately for your injuries.
• Do seek follow up care with your doctor.
• Do obtain consistent medical care.
• Do keep all medical appointments.
• Do follow doctor’s orders.
• Do obtain witness contact information.
• Do take photographs or videos of the scene of the collision or area where the incident occurred.
• Do use health insurance to pay for your medical care.
• Do disclose any accidents or injuries that you had before or after the collision or incident to your attorney.
• Do keep records of lost work due to the incident.
• Do consult with an attorney.
• Do be patient. Expect your case to take anywhere from 6 months to a few years before it is resolved.
• Do be aware that the other side could be surveilling you.

The Don’ts of a Successful Personal Injury Case

• Do not post any information about your injuries, the incident, or anything related to your claim or case on social media or anywhere on the internet.
• Do not lie or exaggerate your injuries.
• Do not give any insurance companies a recorded statement.
• Do not contact any witnesses or parties on your own.
• Do not talk about your claim or your attorney to your medical providers.
• Do not place yourself in harm’s way just to obtain a photograph or other information on the scene. Make sure you’re safe first.
• Do not quit medical treatment until you recover from your injuries.
• Do not settle your case until your medical treatment is completed.

Although these lists are not exhaustive and following the do’s and don’ts will not guarantee results, they are important to follow in order to strengthen your case or in order to avoid hurting your case. When you have a legal claim, remember that evidence is important. Thus, the other side will be gathering evidence about you and your case. That is why it is important to be aware of how you could be scrutinized by the other side when you are bringing a personal injury case. If you have any questions about your personal injury case, please call us at (404) 593-2620 to speak directly to an attorney.

1. Type of Injury/Damages

Personal injury claims in Georgia can vary from car accidents to medical malpractice to slips and falls. The common theme, of course, is that you are injured because someone else acted negligently or carelessly. The value of a case often hinges on just how badly you are hurt and how much your medical bills or lost wages are. Injuries can range from a little whiplash to catastrophic injuries or even death.

For example, if you are in a car accident and experienced whiplash or soft tissue injuries, your medical bills may involve a visit to your doctor and maybe some physical therapy; such bills will likely total less than $10,000.00. On the other hand, if you are in a car accident and end up having surgery, your medical bills could be tens of thousands of dollars, making your case worth more than the smaller injury.

2. The At-Fault Party’s Level of Culpability

In order to assert a successful personal injury claim in Georgia, the claimant or plaintiff must show that the other person or corporation is at-fault for his/her injury. Thus, if you are injured, you have to show that the other person caused you to suffer the injuries in order to recover for your loss.

In a car or trucking accident, fault is usually indicated on the police report. Sometimes, the at-fault driver gets a ticket. But, because the police officer usually is not present to witness the car wreck, the report could contradict what actually happened or what witnesses saw. If the police report does not accurately describe what happen or attribute fault to the correct person, then witness testimony or expert accident reconstruction may help show liability.

In other types of personal injury cases, showing fault can be more difficult. For example, in a slip & fall case in Georgia, a claimant must prove that the property owner knew about a dangerous condition and failed to fix it, causing injury to a visitor or customer. Simply falling or getting hurt on someone else’s property isn’t enough to show fault. Or, in a medical malpractice case, expert testimony from a knowledgeable medical provider is required to prove fault.

3. Venue: Where the Injury Case Will Be Tried

In legal terms, the place where you can properly bring a lawsuit is known as

When it comes to personal injury claims in Georgia, determining the value of your case is complicated. There is no set formula for valuing a case, but there are many factors that come into play. Although the following list is not exhaustive, some of the factors that can determine how much your personal injury claim is worth are outlined below.

1. Type of Injury/Damages

Personal injury claims in Georgia can vary from car accidents to medical malpractice to slips and falls. The common theme, of course, is that you are injured because someone else acted negligently or carelessly. The value of a case often hinges on just how badly you are hurt and how much your medical bills or lost wages are. Injuries can range from a little whiplash to catastrophic injuries or even death.

For example, if you are in a car accident and experienced whiplash or soft tissue injuries, your medical bills may involve a visit to your doctor and maybe some physical therapy; such bills will likely total less than $10,000.00. On the other hand, if you are in a car accident and end up having surgery, your medical bills could be tens of thousands of dollars, making your case worth more than the smaller injury.

2. The At-Fault Party’s Level of Culpability

In order to assert a successful personal injury claim in Georgia, the claimant or plaintiff must show that the other person or corporation is at-fault for his/her injury. Thus, if you are injured, you have to show that the other person caused you to suffer the injuries in order to recover for your loss.

In a car or trucking accident, the fault is usually indicated on the police report. Sometimes, the at-fault driver gets a ticket. But, because the police officer usually is not present to witness the car wreck, the report could contradict what actually happened or what witnesses saw. If the police report does not accurately describe what happens or attribute fault to the correct person, then witness testimony or expert accident reconstruction may help show liability.

In other types of personal injury cases, showing fault can be more difficult. For example, in a slip & fall case in Georgia, a claimant must prove that the property owner knew about a dangerous condition and failed to fix it, causing injury to a visitor or customer. Simply falling or getting hurt on someone else’s property isn’t enough to show fault. Or, in a medical malpractice case, expert testimony from a knowledgeable medical provider is required to prove fault.

3. Venue: Where the Injury Case Will Be Tried

In legal terms, the place where you can properly bring a lawsuit is known as Venue. Venue is normally determined by where the at-fault party or the defendant resides. In Georgia, there are certain venues that are more plaintiff or claimant friendly than others. For example, Dekalb County, Fulton County, and Clayton County are venues where juries typically give larger awards to plaintiffs. On the other hand, counties such as Cobb County, Gwinnett County (although Gwinnett County is changing), or other non-metro Atlanta counties are more conservative.

Even if you do not end up filing a lawsuit in your personal injury case, venue does matter when negotiating settlements.

The venue is normally determined by where the at-fault party or the defendant resides. In Georgia, there are certain venues that are more plaintiff or claimant friendly than others. For example, Dekalb County, Fulton County, and Clayton County are venues where juries typically give larger awards to plaintiffs. On the other hand, counties such as Cobb County, Gwinnett County (although Gwinnett County is changing), or other non-metro Atlanta counties are more conservative.

Even if you do not end up filing a lawsuit in your personal injury case, the venue does matter when negotiating settlements.

If you are injured as a result of another person or company’s negligence, Georgia law allows you to recover compensation for your injuries. Personal injury cases can vary drastically from a simple car accident to a complex products liability case against a medical device manufacturer. Although generally, it is always much wiser to have any attorney represent you when you have any legal issue, the question of whether you need an attorney to handle your case depends on several factors, including:

• The extent or seriousness of your injuries;
• The type of personal injury case you have (car accident, medical malpractice, slip & fall, or products liability are just some examples);
• The amount of medical bills you have incurred;
• The amount of insurance (or lack thereof) available to cover your injury;
• The time that has passed between the injury and the time you decide to make a claim;
• The legal complexity of your case.

Seriousness of Injuries

When deciding whether to hire an attorney, if you have a serious injury, such as a brain injury, broken bone or a fracture, or any type of injury requiring surgery, it would probably be in your best interest to retain an attorney to assist you. First, showing that another party’s negligence, whether it be a truck driver who ran a red light and hit you or a doctor who botched a procedure, caused your injury, can be a difficult task. Sometimes, causation is simple because it is easily recognized under the circumstances. For example, if you break your leg immediately upon the impact of a car accident is a situation where the cause of the broken leg is obvious. On the other hand, showing that a medical device injured you likely require an expert to testify that the injury was not caused by some other factor. Second, if your injury is serious, it is likely that you’ll need to recover a significant amount of money in order to compensate you for past and future medical expenses. An attorney’s knowledge of the complex tort and insurance law is essential for obtaining a sufficient amount of money to take care of future medical needs where an injury is permanent. On the other hand, where the injury is small, such as whiplash requiring physical therapy, there is probably plenty of insurance to pay for your medical expenses, and you may be able to successfully negotiate a settlement in such a situation.

Type of Personal Injury Case

The type of personal injury case you have is a key factor in deciding whether you should retain an attorney to assist you with your case. As discussed above, a simple car accident may be the type of case where you could negotiate your own settlement, if you have a small injury. On the other hand, cases involving defective products, medical malpractice, brain injuries, medically complex injuries, or commercial trucking accidents, require an understanding and working knowledge of complex legal concepts, rules and regulations, and even medicine. Further, these complex cases are extremely expensive to bring before a court. Litigation costs include court expenses, deposition expenses, and expert fees. Further, when your case involves complicated issues, investigating the circumstances of the case can be time-consuming and involve expert-level knowledge about medicine or road design, or specific defective products.

Medical Bills Incurred

When your case involves an extensive amount of medical treatment and bills, you will probably need an attorney to ensure that all of the available resources for recovery for your expenses are found and that the insurance company properly compensates you. Further, if you do not have health insurance to cover your medical expenses, you may need to find alternative methods of obtaining proper medical treatment.

The Amount of Insurance Available

When there is little insurance available, you may want an attorney to assist you in exploring all avenues for recovery. For example, let’s say you have $50,000.00 in medical bills that you incurred from a car accident. The other driver, who was drunk at the time of the wreck, only has $25,000.00 in insurance. An attorney would be able to assist you with finding additional insurance coverage, whether it be through your uninsured motorist policy or perhaps via the third party that served alcohol to the at-fault driver. On the other hand, if it is quite apparent that there is only a limited amount of insurance available to compensate you for your injuries, and your injuries are big, then the insurance company may pay you without an attorney. For example, if your medical bills are $25,000.00 and the at-fault party only has $25,000.00 in insurance available to cover your injuries, then an insurance company would be wise to pay you the $25,000.00 to avoid being held liable for any excess damages, and you may not need an attorney to convince the insurance company to do so.

The Amount of Time That Passed Since Your Injury

Generally, the statute of limitations in Georgia is two years from the date of the injury. If a lot of time has passed since your injury, you may need a lawyer to help you file a lawsuit as soon as possible. Many lawyers hesitate to file cases shortly before a statute expires. Further, the more time that passes from the date of the injury to the time you seek treatment could negatively impact your case, meaning that if you have a viable claim but failed to seek medical attention immediately after the injury occurred, you may need an attorney to help you prove what caused your injuries.

Legal Complexity of Your Case

As discussed above, many personal injury cases involve issues of complex medicine and law. For example, a medical malpractice case requires expert testimony as to how the medical professional breached the standard of care and caused your injury. The standard of care is what a reasonable medical professional under the same circumstances would have done; if the medical professional who caused your injury did not do anything below the standard of care, you may not have a case at all, regardless of the seriousness of your injury. An evaluation that complex definitely requires an attorney. Similarly, a products liability case could involve the expertise of, say, an engineer, to testify as to how the product could have been safer. Even an automobile wreck may require an engineer to examine how the wreck occurred, what speed the vehicles were traveling, or whether the road was designed in a defective manner. In sum, many personal injury cases are so complex that an attorney is absolutely necessary.

Whatever your case may involve, we are always happy to speak to you about it and offer consultations. If you think you need an attorney, call The Davis Injury Firm at (404) 593-2620 to set up an appointment with an attorney in our Hapeville office.

What is a Personal Injury Case?

“Personal injury” is a general term that describes an area of civil law that allows victims who are injured by other people’s or corporations’ carelessness to recover compensation. In legalese, the term for a legal wrongdoing is a “tort.” The term “negligence” refers to the at-fault party’s carelessness, which is measured by a “standard of care” of a “reasonable” person. In other words, how would a reasonable person in the same circumstances have acted in order to be careful not to hurt another person? For example, in the context of an automobile wreck, if a person runs a red light, then it is usually going to mean he or she was negligent because any reasonable driver knows that running a red light is careless and could cause someone else harm.

Personal injury and tort law extends far beyond just an ordinary car wreck. Plaintiffs and claimants can bring lawsuits in court for just about any type of negligence, whether it be committed by an individual person or by a company. And, the injured party can also be an individual or a company. Examples of types of personal injury claims include medical malpractice, professional malpractice, slip & fall or premises liability, negligent security, products liability, truck accidents, car accidents, plane crashes, or medical device defects.

When Do I Need an Attorney?

You may be asking yourself if you need an attorney to handle your case. Whether you need an attorney depends on the particular circumstances of your case. Although this is not an exhaustive list, you probably need an attorney when:

1. The insurance company is not paying you fair compensation for your injuries;
2. Your injuries are more than just “soft tissue” injuries, meaning if you break or fracture a bone, require surgery, lose a limb, or suffer any kind of catastrophic or permanent injury;
3. When there are complex issues of law involved;
4. When there are multiple parties who could be responsible for your injuries;
5. When your medical bills exceed $5,000.00;
6. When an investigation or an expert is required; or,
7. When your case is a complex medical malpractice, products liability, trucking accident, or any case that involves a corporate defendant.

In cases where you may have some minor neck and back pain and treat for a few weeks with a chiropractor or physical therapist, you may not need to hire a personal injury attorney. But, it never hurts to consult with one, as most consultations with injury attorneys in the Atlanta area are free.

How Do I Pay For My Medical Treatment?

After you have been hurt in a car accident, injured by a defective product, or injured by the negligence of another person or corporation, you need to seek medical attention immediately. Medical treatment by qualified doctors and other providers is essential to showing a key element of a personal injury case, which the legal community refers to as “damages.” Basically, you want to be able to prove that you were hurt by the accident or incident for which you are seeking compensation.

Unfortunately, many folks do not have health insurance or their health insurance is insufficient to cover a lot of medical treatment. Paying for your medical treatment can be tough under such circumstances. And, you cannot obtain payment of medical treatment from the at-fault party as you go; you have to finish your treatment first and be reimbursed as part of your settlement later.

Thus, paying for treatment can be complex. Of course, if you have health insurance, then your health insurance should pay for treatment. Oftentimes, your own automobile insurance or supplemental insurance that you purchased may have medical payments coverage that you may use to pay for treatment. If you do not have any insurance that will cover treatment, then it is advisable that you contact an attorney to assist you.

What Steps Do I Need to Take to Make a Personal Injury Claim?

The type of injury or claim you have will determine what steps you need to take to bring a personal injury claim, and an attorney can assist you with the procedure, which often depends on the particular circumstances of your case. However, regardless of the type of case you have, there are certain things you need to do and may be able to do yourself (although an attorney will definitely do these things and probably more) including:

1. Get medical treatment immediately and continue to seek medical treatment from your doctor until he or she releases you from treatment;
2. Preserve evidence . That could mean taking photographs of the damage to your vehicle or of the scene of the wreck. Or, that can mean saving the defective product that injured you. Or, if you are injured in a place of business, it could mean taking photographs of the dangerous condition that caused your injury and making sure that any video evidence is not destroyed (here is an example where an injury lawyer would help you tremendously by sending a letter asking the business not to destroy evidence).
3. Track down witnesses . If there is a witness to the incident that caused your injury, obtaining their names and numbers is helpful to preserving evidence in your case.
4. Report your claim to insurance companies . Most plaintiff’s personal injury lawsuits start out as insurance claims. A car accident almost always involves insurance, as drivers are required to have insurance. If you are in a car wreck, then report the wreck to your insurance company and to the at-fault driver’s insurance company. Just be sure to be careful about giving recorded statements—don’t do it.
5. Get a report . Whether it be a police report or an incident report, incidents and accidents are often memorialized as a matter of course. If there is a report of the incident that caused your injury, get a copy.

Obviously, the above-listed items are not exhaustive but are a decent beginning to set up your personal injury claim. An attorney would conduct further investigations and obtain documents, photographs, witness statements, expert advice, and insurance information, and file necessary legal documents and pleadings on your behalf when bringing a claim.

Do I Have to File a Lawsuit to Make a Claim?

Most personal injury cases start out as insurance claims. Depending on the circumstances of your case and the severity of your injury, a lawsuit may not even have to be filed. Insurance companies often settle injury claims without a formal complaint being filed in court. Saving the time and money on litigation is more efficient in many cases. However, if there are disputes as to value of your case or liability, then a lawsuit must be filed within 2 years of the date of your injury in order to preserve your right to bring the claim to court.

A lawsuit begins with a written pleading called a complaint and is usually filed in the county court where the defendant resides. The defendant has the opportunity to answer the complaint in a written pleading. After the answer is filed, the parties engage in a process known as discovery, where the two sides obtain evidence and information from each other. The last step is trial by jury, where both sides present their cases, and a jury decides whether the defendant acted negligently, and, if so, whether the plaintiff should be awarded compensation and how much. You, as the plaintiff, will likely have to be deposed, or interviewed under oath by the other party. You will also testify at a trial in court before the jury. Many cases settle before trial.

As you can see, personal injury claims can be vastly different and often also require thorough investigations and complex litigation. Hiring a qualified attorney is essential to pursuing most personal injury claim. If you are looking for a personal injury attorney in the south Fulton and Clayton county areas, Hapeville, East Point, or College Park, please call The Davis Injury Firm to meet with an attorney today. (404) 593-2620

Under Georgia law, owners and operators of businesses owe a duty of care to keep their premises safe for visitors and customers. Where a business owner knows that there is a significant amount of violent crime on its property that could cause customers to be assaulted or even killed, a business owner is required to provide security or take measures to prevent such crimes. Where such a business owner fails to provide adequate security, and a violent crime, such as a shooting or a rape occurs on its property, the property owner may be civilly liable and be required to pay the victim for the crime, even if the criminal is totally unrelated to the property owner.

Places such as business parking lots, parking decks, bars, hotels, and gas stations can be high crime areas where adequate security is a must. Business owners who know about high crime on their property can make efforts such as providing well-trained security guards, controlled access, adequate lighting, fencing, warning signs, and security cameras.

This Georgia law extends to apartment complex owners as well. Where there is known criminal activity, apartment complexes are required to provide adequate security, such as working security gates, security cameras, security patrol, adequate lighting, working locks, and fencing around the complex in order to keep the premises safe for tenants and their visitors. How is an apartment complex supposed to know if a crime committed by a third person is going to occur? The crime only has to be foreseeable based on past occurrences or even based on a tenant reporting criminal activity for the apartment complex to be held liable for an assault or other violent crime against visitors and tenants.

Our firm represents victims of violent shootings, stabbings, assaults, and other crimes. Some of our clients include shooting victims who were eating in a restaurant, a victim of an assault at a concert, and a victim of a gas station shooting. When evaluating a negligent security case, we inspect the property, talk to witnesses, obtain video footage, and investigate past crimes in order to determine whether there is a viable case against the property owner. We treat each case seriously and know that a thorough investigation of each case is vital to finding fault against negligent property owners who allow their premises to be unsafe for visitors and customers. If you or a loved one has been a victim of a crime in Georgia and would like to speak to an attorney about your case, please call Betty Nguyen Davis.

In Georgia, property owners owe their tenants a duty of care to keep the tenants reasonably safe while on their premises. A lot of people probably do not know that if they are a victim of a crime that occurs on an apartment complex’s premises (or, say, even a trailer park, office building, shopping center, a parking garage, or a nightclub. Click to read more about other types of negligent security cases in Georgia), they may be able to hold the property owner liable for their injuries. So, let’s say the person is assaulted, mugged, raped, or even killed in an apartment complex. If the apartment complex failed to adequately secure the property, it can be liable. To show liability of the apartment owner under Georgia premises liability law, the injured party must show:

1. The apartment owner knew about prior similar crimes in the complex;
2. failed to implement adequate security; and,
3. thus, causing the tenant/visitor to be assaulted, raped, or otherwise injured.

Proving that the apartment complex knew about the other crimes or of any dangerous conditions on the property can be difficult. Eyewitnesses, employee statements, and crime reports are necessary to prove knowledge and liability. Although some information can be obtained through presuit investigation, a lot of information might not be available until a lawsuit is filed and the parties engage in a process of exchanging information known as discovery.

If knowledge is proven, then the victim still must show that the apartment complex or other property owner did not take measures to secure the premises and if it did, then the crime could have been prevented. Some things that property owners can do to try to prevent crime are put up fencing, hire security personnel, install cameras, and install lighting on the premises.

Because holding property owners liable for crimes in Georgia is difficult, it is normally only economical to bring lawsuits where victims have been severely injured, raped, or killed.

If you have any questions about how to bring a claim against an apartment complex or other property owner for negligent and inadequate security in Georgia, please call Atlanta injury attorney Betty Nguyen Davis at (404) 593-2620.

Victims of dog attacks in Atlanta, Georgia may often recover from the dog owners for their injuries. Like all premises liability cases, under Georgia law, recovering for injuries sustained by a dog bite requires a showing that the dog owner either knew or should have known about the animal’s dangerous and violent propensities. Dog owners could also be responsible for attacks for failing to comply with leash laws.

Dog owners are not automatically liable for attacks on other people. That is, there is no such thing as “strict liability” for dog bites in Georgia. To show that a dog owner knew or should have known about the dog’s violent tendencies, evidence of past dog attacks or bites or prior aggressive behavior such as charging toward someone or trying to bite someone should be sufficient. Even if the dog is of a violent breed, such as pit bulls, there is no liability without a showing of notice or knowledge.

Finding evidence of prior bites can be difficult and may require investigation into public records, such as incident reports or interviewing neighbors and other witnesses. If the investigation does not bring forward any information, filing a lawsuit would require the dog owner to answer questions or testify under oath as to whether s/he knew about the dog’s dangerous propensities.

After showing knowledge of the dangerous dog, a victim of a dog bite attack must also be able to actually recover compensation for his or her injury. This can be tricky, as many individual dog owners do not have money or assets that can be used to pay the victim. Thus, the claimant must inquire as to whether the dog owner has available homeowner’s insurance coverage to the dog bite.

As in any personal injury case, the nature of the injury is also an important factor in determining whether compensation can be gained from a dog bite. For example, a permanent scar in a visible area such as the face that may require plastic surgery is considered a bad injury.

Obtaining compensation for injuries sustained from a dog bite in Georgia is not necessarily an easy process. A knowledgeable Georgia dog bite attorney can maximize your ability to recover for a dog attack. To speak to an Atlanta personal injury lawyer, call The Davis Injury Firm at (404) 593-2620 for a consultation.

Georgia Property Owners Owe a Duty to Keep Patrons Safe

In Georgia, property owners owe a duty to visitors to keep their property safe from dangerous conditions, including crime. You may think that property owners cannot be held responsible for the actions of third-party criminals, but that is not what Georgia law on negligent security says. Where there have been known dangerous crimes on a property and the property owner fails to take measures to adequately protect patrons, visitors, or other people who are allowed to be on the premises, the property owner may be held responsible for injuries sustained from crimes that happen on their property.

What Can a Georgia Property Owner Do to Protect You?

Examples of property owners who are often held liable for failing to properly secure their premises include shopping malls, apartment complexes, parking lots/decks, and hotel/motel owners. Crimes that occur from lack of security on the property include stabbings, shootings, rapes, mugging, and even killings. Obviously, property owners are not required to guarantee protection; they are simply required to take reasonable measures to ensure safety. Steps that property owners can take to protect their visitors (in the legal world, visitors have statuses ranking from invitee to licensee to trespasser. Trespassers generally cannot recover for personal injuries occurring on premises where they’re not allowed.) include:

• providing security guards or patrols on-premises where crimes are known to occur;
• providing adequate lighting in areas that could be dangerous;
• providing surveillance of areas such as parking lots or parking decks where crimes are likely to occur; and,
• providing fencing/gating around areas that are known to be a high crime.

How Do You Prove a Negligent Security Claim Against a Georgia Property Owner?

If you or a loved one has been a victim of a crime occurring on business premises that should have some level of security in place for your protection, you may have a claim against the property owner. You should always report the crime to the property owner (and the police) so that the property owner knows about the incident. In fact, when investigating negligent security cases in Georgia, obtaining prior reports from property owners and the police provide information about whether the property owners knew that crime was an issue on their premises. Evidence of prior similar incidents is key in a Georgia inadequate security case because it shows knowledge of the problems on the part of the property owner.

Like any personal injury case in Georgia, a claimant seeking compensation from a property owner based on a negligent or inadequate security case must show a duty to protect, negligence, and causation of the injury/damages. The type of assault, the extent of your injuries, the level of negligence or inadequacy of security measures, whether additional security measures would have prevented the crime, and the number of prior similar crimes play a role in determining the value of your claim.

Proving negligent security or inadequate security claim in Georgia is relatively complex and requires extensive investigation. If you believe that you have a negligent security claim, please call us at (404) 593-2620 for a consultation with an Atlanta personal injury attorney.

For example, let’s say you are driving a company car when another person runs a red light and hits you, causing injuries. Under that scenario, you can not only make a workers’ compensation claim through your employer, but you can also make a claim against the other driver for causing your injuries. If you suffer from a significant injury, having both claims may be the only way that you are fully compensated for your loss.

Whatever the case is, the first step you need to take is to seek immediate medical treatment if you are hurt in an automobile accident. Medical treatment is very important for several reasons, including making sure that you begin the healing process for your injuries and maintain your health. Another important reason for medical treatment, which is related to making the injury or workers’ compensation claim, is documenting your injuries.

Treating your injuries immediately ensures that there will be medical records documenting that the car accident caused your injuries. A delay in treatment could place an obstacle to showing that the automobile wreck hurt you, which is an essential element to proving a negligence claim under Georgia law.

Thus, if you are hurt at the scene of the accident, you should go to the emergency room immediately. If you are able to make a workers’ compensation claim as a result of your accident, then you can treat with medical providers via your employer. If you are unable to make a workers’ compensation claim, you should call an attorney immediately to review your options for medical treatment.

For your personal injury claim against the at-fault driver, you will want to obtain a police report, get the names and numbers of witnesses, call your insurance company, and call the at-fault driver’s insurance company. Many bodily injury claims can be settled with the at-fault party’s insurer; however, under some circumstances, where the insurance company denies liability or refuses to pay you a reasonable and fair amount for your injuries, you may be required to file a lawsuit.

For injuries involving more than $5,000.00 in medical care, it is highly recommended that you retain an attorney in Georgia to ensure that your medical bills are covered and that you recover compensation for pain and suffering, lost wages, and any losses related to the car accident.

For an in-depth review of your specific circumstances, call The Davis Injury Firm today for a consultation. We can be reached at (404) 593-2620.

Perhaps what makes an accident involving a disabled vehicle or a vehicle on the side or shoulder of the road a little different than a run-of-the-mill wreck is that liability is sometimes difficult to determine.

For example, there could be a three-car rear-end collision that involves a disabled vehicle in the front. Let’s just say that the first car in line was disabled and that the driver of that car knew that the car was not drivable but drove it anyway. That vehicle then stalls on the highway. The car directly behind it stops in a timely manner, but the third car in line rear-ends the middle car. Although, typically, the driver of a vehicle that rear-ends another vehicle is liable for a collision, throwing in the disabled front vehicle could cause a question of liability.

On one hand, the driver of the third vehicle was following too closely to stop in a timely fashion, causing the collision. On the other hand, the driver of the first car should not have driven a car he or she knew was not drivable. In such a situation, the automobile insurance companies involved are probably going to have a liability dispute; or, perhaps, each driver would take 50% of the liability, or, maybe, the driver of the first vehicle would attempt to make a “sudden emergency” defense, wherein he or she argued that the car suddenly stopped and that his or her conduct was not due to negligence. Such an argument would be weak in a situation where the driver knowingly drove a mechanically unsound car.

Other examples of accidents involving disabled vehicles include vehicles that are on the shoulder of the road, vehicles that are stopped because they are already involved in an accident, or vehicles that are driving below the speed limit due to mechanical problems. All drivers have a duty to be on the lookout for these types of stalled and slowed vehicles, but, oftentimes, these vehicles became disabled on major highways where the speed limit is well above 55 miles per hour; or, even when these vehicles are pulled over, they may not be completely off of the road and may protrude into the lane of traffic. When vehicular accidents result from disabled vehicles, the question of who is responsible for the accident may be difficult to answer and depends on the specific circumstances of that collision.

When a catastrophic injury or death is involved, a thorough investigation involving talking to witnesses, retaining accident reconstruction experts, examining the scene of the wreck, and obtaining photographs and videos, among other things, is extremely important to pin down liability and defeat defenses such as the “sudden emergency” defense.

Further, investigating all possible theories as to who may be liable is important, as many times vehicles become disabled as a result of a third party mechanic’s negligence or a tire manufacturer’s negligence, or a car manufacturer’s negligence. Exploring all possible avenues and finding available insurance coverage is imperative to your case.

If you or a loved one has been involved in an accident because of a disabled vehicle, you should consult a qualified injury attorney to advise you appropriately. We at The Davis Injury Firm are happy to set you up with a consultation. Please call (404) 593-2620 to speak to an attorney today.