In the state of Georgia, if a person is injured because of the actions or inaction of other people, the injured person is to be compensated. The person responsible for the accident will be asked to pay medical expenses, compensation for time missed from work, and any special care, medications, or equipment the victim had to purchase.
In order to prove a personal injury claim you must prove the following:
Duty of care
In some instances such as premises liability claims, you have to prove in court that the person responsible to make the area safe, did not. Maybe there was a loose board on the stairs leading to your apartment. Anyone going up or down those stairs were in danger of falling. It is logical to assume the people who maintain the apartments had noticed it was loose. If you trip and fall on that stair, your apartment complex is liable.
Personal injury cases are not limited to falling. You may have a case if a neighbor’s dog attacks you while you are walking on the sidewalk. You may have a claim if you are using a product and it malfunctions and hurts you or if a defective part in a vehicle, causes you to get hurt.
Breach of duty of care
The next thing that you have to prove is that the person in charge of the building knew or should have known the stair was loose and he took no action to repair the stair.
Personal injury does not always happen at work. Leaks, icy walkways, and broken rails can be sources of personal injury cases.
Call a lawyer
- Get the contact information for anyone who saw the incident.
- Keep copies of all medical bills and reports.
- If there was a police report, keep a copy.
What else can you do?
Make sure you keep every medical report and the instructions your doctor gives you. Follow his instructions to the letter. If he tells you to stay in bed, so it. Keep documents showing he advised you to have someone with you to help you. If you have to hire a caregiver, that is part of the claim. Keep records of anything you had to purchase. For example, did you have to buy a cane, walker, back brace? Did you have to pay someone to walk your dog or clean your home? Keep all of these records.
The insurance company is going to offer you an amount of money that is very low. They count on you not knowing the law. This is why you need to hire an attorney with experience and knowledge in this type of case.
Never talk to anyone over the phone about your case. Do not post anything on Social media and do not talk online about the progress of the claim. It goes without saying, do not sign anything. Direct all of these types of calls to your personal injury attorney.
This is very important. If they can confuse you and trick you into admitting to something, they can use that in court. Let your personal injury attorney do their job and you concentrate on getting well.