When you suffer an injury, whether it is a work accident, a car accident or a personal injury, you might not know how to proceed. And sometimes, due to lack of knowledge, we might even accept a settlement with the insurance company and let what happened pass because, at the time, the extent of the consequences is not clear.
Ideally, however, with the help of an attorney you should understand the seriousness of your case and why it is essential to obtain the compensation you need so you can cover all expenses while you are in recovery. The bills, medical expenses, family welfare and the time you will not be able to work will generate a high level of stress.
In this blog we will describe 5 examples of personal injuries that you can file a claim for with the help of an experienced personal injury lawyer, such as Nick Schnyder.
Car Accidents
The impacts of these types of accidents can range from minor injuries to death. Likewise, in the event of a car accident, you can seek a claim for any damage to your vehicle. Thanks to a decision made by the Georgia Supreme Court in 2010, it was established that capping compensatory damages was against the Georgia Constitution.
This is why there are almost no limitations to file a claim; from scratches and dents to the total loss of your car, everything can be compensated by the negligent party’s insurance company.
Some of the damages that may arise from an automobile accident are:
- Pain and suffering: due to injuries that may occur (cuts, fractures, contusions).
- Medical and hospital costs (you should always seek medical treatment following an accident).
- Repair or total replacement of the vehicle: if it is declared a total loss, it can be replaced by another one.
- Car rental: in the event that you have to rent a car while your car is repaired, these expenses will also be covered.
- Loss of wages: it is possible that due to injury or vehicle loss, your income may be affected. However, by filing a claim you may request compensation.
Negligence, Medical Malpractice & Premises Liability
Negligence occurs when a person, in the performance of his or her duties, fails to carry out basic procedures to minimize the risk of accidents.
For example, a mechanic who does not properly secure a nut or, in the case of doctors, deviates from what is known as the “acceptable standard of care” for their patients. This type of recklessness can affect people both materially and personally, from property damage and injury or even death.
Regarding medical malpractice, some of the most recurrent cases are:
- Wrongly prescribing a medication.
- Failure to correctly diagnose a disease, such as cancer.
- Injuries resulting from treatments or surgical procedures.
- Laboratory and blood test errors.
Another example of negligence is premises liability. Premises liability is when an owner of a property or business does not repair damages on their property. These dangerous situations may generate some type of personal injury to a third party. It is important to remember that in order to make this claim, it must be demonstrated that the injuries are the result of the negligence in question.
Product Liability
Suppose you bought sunscreen from a company and after using it, you have an allergic reaction that leads to hospitalization. The company producing the sunscreen is liable for the injuries caused by the use of their product. Therefore, you may request compensation from the company. This applies to any case in which you suffer some type of material or personal injury because of a certain product.
In the State of Georgia, there are two types of claims: direct liability or negligence. In direct liability, it is not necessary to prove the defendant’s fault, but it must be shown that the defendant is indeed at fault:
- The defendant is indeed the manufacturer of the product.
- The product was defective since it left the factory.
- The defect in the product was the one that caused the injury.
If you want to know what are the types of product defects, you can click here.
Wrongful Death
These types of claims usually arise when a person dies because of a third party. Generally these claims are brought by the victim’s family members. In the State of Georgia, this death is considered a homicide, which can occur for three reasons:
- A crime
- A person’s negligence
- A defective product
Keep in mind that, in the event that the claim is successful, you may receive compensation for the full value of the life of your deceased family member.
Dog Bites
There are some states that strictly and directly hold the owner of a dog responsible for the injuries that the dog may cause to another person, while others only hold the owner responsible if the owner knew or should have known that his dog is considered as dangerous. For the case of Georgia, the issue is related to liability and negligence, taking into account that the state law provides some indications to know if a dog is considered as dangerous.
Thus, a dog is dangerous when:
It can generate some kind of injury to a person’s skin with its bite, from scratches to abrasions.
The dog’s behavior gives reasonable indications that it can attack and cause damage to the person. The mere fact of growling, barking, showing its teeth or being in an aggressive posture are enough signs to consider it dangerous. It could also be considered dangerous if the dog kills another pet when it is unsupervised by its owner.
There are many other types of injuries and accidents that may be actionable. If you suffered any of these injuries or believe you may be the victim of any other, call The Nick Schnyder Law Firm today and receive a free initial consultation about your personal injury case: (404) 999-1111.