Our Legal Blog

Pedestrian accidents in Georgia can have catastrophic effects on the victims involved. These accidents can arise from a variety of factors, including distracted driving, speeding, reckless driving, among others. As a pedestrian, it is important to take safety precautions as much as possible to avoid accidents. However, despite our efforts, accidents still happen, and as such, it is important to understand the legal implications of these accidents. In this blog post, we will discuss everything you need to know about pedestrian accidents in Georgia and the steps to take if you are involved in one.  1. Understanding Georgia’s Pedestrian Laws Georgia's traffic laws require drivers to take reasonable care while sharing the road with pedestrians. However, pedestrians also have responsibilities to avoid accidents and injuries. Pedestrians are required to use sidewalks whenever possible; if they have to use the street, they must walk against traffic, and they should follow traffic signals and signs. Walkers are not allowed to cross the road when the DON’T WALK sign is on, even if there is no traffic visible. 2. Common Causes of Pedestrian Accidents There are many causes of pedestrian accidents, including distracted driving, impairment, speeding, failure to yield, and failure to follow traffic signage. Regardless of the cause, these accidents often result in serious injuries, medical bills, and lost income or wages. 3. Who is Liable for Pedestrian Accidents? If a pedestrian is involved in an accident with a car, truck, or other motor vehicle, several parties could be potentially at fault. The driver of the vehicle might bear responsibility for the accident if they were speeding, driving under the influence, or acted recklessly while operating their vehicle. However, pedestrians could also be apportioned blame if they acted negligently, such as crossing the street when the pedestrian signal says "don’t walk." 4. What to Do If You are Involved in a Pedestrian Accident The first thing that one should do is seek medical attention for any injuries immediately. It's critical to document any expenses associated with seeking medical care, such as ambulance fees, doctor's visits, and rehabilitation expenses. It is also important to contact the police immediately and to obtain a copy of the police report on the accident. Lastly, one should consult with a personal injury lawyer to understand their rights thoroughly. 5. Speaking with a Georgia Personal Injury Attorney Georgia's personal injury laws are complex, and it can be challenging to navigate the legal process when trying to make a claim. A personal injury attorney can review the case, speak with eyewitnesses, analyze evidence, and help you get the compensation you deserve. If you or a loved one has been involved in a pedestrian accident in Georgia, it is important to speak with a personal injury attorney as soon as possible to ensure that you get the legal representation you need. Pedestrian accidents in Georgia can cause severe and life-changing injuries, leaving victims and their loved ones with costly medical bills and lost income. However, understanding the state's pedestrian laws, who is responsible for pedestrian accidents, the steps to take after an accident, and speaking to a personal injury attorney can help to protect your interests and get you the compensation you deserve. Finally, always stay safe while walking, use sidewalks whenever possible and never hesitate to seek medical attention if you are involved in a pedestrian accident.

As a motorcycle passenger, you don’t have control over the bike during a ride, which means that you’re often more vulnerable to accidents than the rider. If you've been in a motorcycle accident in Georgia as a passenger, it's important to know what rights you have and what compensation you're entitled to. In this blog post, we’ll explore the legal rights of motorcycle passengers and how a skilled personal injury attorney may be able to help.  What rights do motorcycle passengers have after an accident in Georgia? The first thing to remember is that motorcycle passengers have the same rights as any other accident victim. This means that you're entitled to a number of legal rights to safeguard your welfare. These include the right to file a lawsuit against the liable party, the right to medical treatment, and the right to compensation for damages like medical bills, lost wages, and pain and suffering. What compensations are motorcycle passengers entitled to? In many states, including Georgia, the laws governing motorcycle passenger compensation are similar to those in place for car accidents. As a motorcycle passenger, you may be entitled to various compensation packages, including damages for medical bills, lost wages, future medical expenses, and pain and suffering. The precise amount of compensation you're entitled to will depend on the circumstances of your accident, but a dedicated attorney can help you evaluate your case’s actual worth. Who is liable? Motorcycle accidents is like other traffic accidents - liability primarily rests on the fault of the parties involved. If the motorcycle accident was caused by the rider, then they would likely be responsible for compensating any injured passengers. However, if the accident was caused by another driver, then the other driver would be liable. A skilled attorney can help determine who is liable and guide you through the litigation process. How can an attorney help me? After being involved in an accident, an attorney can protect your rights and help you seek out the compensation you deserve. A skilled personal injury lawyer with motorcycle accident experience can investigate the accident, develop a strong case on your behalf, negotiate with insurance companies, represent you in the courtroom if necessary, and argue your case for any punitive damages. A motorcycle passenger who has been injured in an accident is entitled to the same legal rights as any other accident victim. With the assistance of a skilled personal injury attorney, they can seek to enforce those rights and pursue compensation for a wide range of financial losses. If you or anyone you know has been involved in a motorcycle accident in Georgia, don't hesitate to contact a reputable attorney for a free consultation. They will aid you in navigating the litigation process, ensuring that you are paid for the losses you have endured.

If you own property in Georgia, whether it's a commercial space like a retail shop or a private residence, you have a legal duty to maintain a safe premises for anyone who enters onto your property. But what happens if someone gets injured on your property? How does premise liability work in Georgia? In this blog post, we will explore premise liability laws specific to Georgia, discuss how premise liability can vary from state to state, and explain how a premise liability attorney can help you.  In Georgia, or any other state for that matter, premise liability law holds property owners responsible for any hazard or danger present on their property. The key element of this law is that the property owner must have known about the hazard, or at least should have known about it, and they failed to take appropriate action to correct or warn about it. For example, if a customer slips and falls in a grocery store because the floor was wet and slippery, the store owner could be held liable if it can be proven that they knew about the hazard or should have known about it and failed to take reasonable actions to prevent it. It's important to note that under Georgia law, property owners are not liable for every injury that occurs on their property. The key element is the concept of "fault." To determine fault, a jury must evaluate the circumstances surrounding the incident and determine if the property owner was negligent in their actions or lack thereof. To prove negligence, it must be established that the hazard was indeed present, the property owner knew or should have known about it, and they did nothing to mitigate the danger. One thing that sets premise liability law apart from other types of personal injury law is that it varies from state to state. While many states have adopted a similar legal standard as Georgia, other states have different legal requirements. For example, some states follow a "strict liability" standard, which means that property owners can be held liable for an injury even if they had no reason to know about the hazard. If you have been injured on someone else's property in Georgia, the best thing you can do is seek the advice of a premise liability attorney. A premise liability attorney can assess the details of your case, determine if the property owner is at fault, and help you seek the compensation you deserve. Compensation can include medical bills, lost wages, and pain and suffering. Without an attorney, it can be difficult to navigate the complicated legal system, and you may not receive fair compensation. It's also worth noting that as a property owner in Georgia, one of the best things you can do to protect yourself from premise liability lawsuits is to maintain a safe property. This includes regularly inspecting your property for hazards, repairing any known hazards, putting up warning signs when necessary, and training your employees to recognize and correct hazards. In summary, premise liability law in Georgia holds property owners responsible for maintaining a safe premises for anyone who enters onto their property. To determine fault, it must be established that the hazard was present, the property owner knew or should have known about it, and they did nothing to mitigate the danger. If you have been injured on someone else's property in Georgia, a premise liability attorney can help you navigate the complicated legal system and seek the compensation you deserve. As a property owner in Georgia, it's crucial to maintain a safe property to protect yourself from premise liability lawsuits.

Losing a loved one is one of the most difficult experiences one can go through. And if their death resulted from someone else's negligence or intentional harm, it only adds to the trauma. In such cases, filing a wrongful death claim can help you seek compensation for the losses you and your family have suffered. But what if your loved one had a pre-existing health condition? Can you still file a wrongful death claim in that case? In this blog post, we will explore the answers to these questions and more.  Is the Pre-existing Health Condition Relevant? First and foremost, it's important to know that having a pre-existing health condition does not automatically disqualify you from filing a wrongful death claim. But it does play a role in how your case is evaluated. The defendant's attorneys may argue that the deceased's health condition was the main cause of their death, rather than the other party's negligence. This is why it's crucial to work with an experienced attorney who can conduct a thorough investigation, gather evidence, and build a strong case to prove otherwise. Factors that Determine the Viability of a Wrongful Death Claim To determine the viability of a wrongful death claim involving a pre-existing health condition, several factors are considered. These include the specifics of the condition, the treatment received, the cause of death, and the level of negligence or liability of the defendant. For instance, if the pre-existing condition was managed and under control, and the cause of death was directly related to the defendant's actions, you may have a viable case. On the other hand, if your loved one's condition was terminal and they were already expected to pass away, it may be more challenging to prove that the defendant's actions caused their death. How Can an Attorney Help Me? If you've lost a loved one and are considering filing a wrongful death claim, working with an experienced attorney can help in several ways. Your attorney can conduct an investigation to establish a clear cause of death, gather evidence and witness statements, negotiate with insurance companies, and represent you in court if necessary. They can also help you understand the legal issues involved and advise you on the best course of action based on your individual circumstances. By having a knowledgeable legal advocate in your corner, you can have a better chance of obtaining the compensation you deserve. In conclusion, if your loved one had a pre-existing health condition, it's still possible to file a wrongful death claim if their death resulted from another party's negligence or wrongdoing. However, such cases can be complex, and it's important to work with an attorney who has experience in handling wrongful death claims. They can help you navigate the legal process, build a strong case, and fight for the justice and compensation you and your family deserve. At the end of the day, nothing can bring back your loved one, but a wrongful death claim can help you hold the responsible parties accountable for their actions.

Each year, millions of people in the United States are injured in accidents and incidents that aren't their fault . You may be curious about your legal options if you're one of them.  In this post, we'll look at the five most common types of personal injury claims made in  Atlanta, Georgia  and consider the conditions necessary to make a claim. If you've been injured and want to learn more about getting compensation, this post is a good starting point for understanding the process. Car Accidents Car accidents are the most common type of personal injury claim in the United States. According to the National Highway Traffic Safety Administration (NHTSA), there were over 5 million car accidents in the United States in 2020 alone . Many factors cause car accidents, including speeding, distracted driving, and drunk driving. They can lead to wide-ranging injuries, from minor bruising to severe injuries like broken bones and concussions. If you have an injury from a car accident, there are a few things that you may be able to claim for: medical expenses, lost wages, and pain and suffering. Medical expenses can include past and future costs related to the car accident, such as hospital bills, ambulance fees, and prescription costs. Lost wages are another common element of car accident personal injury claims. If you've had to miss work due to your injuries, you may be able to recover those lost wages as part of your claim. Finally, pain and suffering are damages that can be more difficult to quantify but are equally important. These claims include emotional distress, physical pain, and disability. Slips and Falls Slips and falls are another common type of personal injury claim in  Atlanta, Georgia  . Indeed, this fact is unsurprising, given that one in five falls results in a severe injury , according to the Centers for Disease Control and Prevention (CDC). Your eligibility to make a personal injury claim for a slip or fall depends on the circumstances of the accident. Generally speaking, you will only be able to make a personal injury claim if someone else's negligence caused the accident. For example, if you slipped on a wet floor that had not been adequately marked or cleaned, you could file a claim against the property owner. Similarly, if you fell down a flight of stairs that did not have proper handrails, you could file a lawsuit against the building owner. However, suppose you lost your footing and fell without the influence of negligence. In that case, it is unlikely that you would have a successful personal injury claim. If you are unsure whether or not your accident qualifies, it is highly recommended that you speak to an experienced personal injury lawyer. Workplace Accidents According to the Bureau of Labor Statistics (BLS), there were 2.7 million non-fatal workplace injuries and illnesses in 2020 . This statistic includes accidents that occur while working with machinery, falling from heights, and being exposed to hazardous materials. Workplace accidents can often be prevented with proper safety training and protocols. However, when they occur, they can lead to serious injuries requiring medical attention and time off from work. If you have been injured in a workplace accident, your eligibility to make a personal injury claim depends upon factors such as the severity of your injury and the cause of the accident. You will likely be eligible for compensation if your injury occurred while you were working. However, there are some exceptions to this rule. For example, if your own negligence caused your injury or if you were engaging in illegal activity at the time of the accident, you may not be eligible to make a claim. Product Liability Product liability is a type of personal injury claim that arises when a person is injured because of a defective product. To win a product liability claim, you must be able to prove that the product was defective and that the defect caused your injury. Three main types of defects can lead to a successful product liability claim: design defects, manufacturing defects, and warnings and instructions defects: Design defects occur when something is wrong with the product's overall design. Manufacturing defects occur when there is something wrong with the way the product was made, even though the overall design may be sound. Warning and instructions defects occur when a product does not have adequate warnings or instructions or when the warnings or instructions that are provided are incorrect. Product liability claims can be complex and often involve multiple parties, including manufacturers, distributors, and retailers. As a result, it is essential to consult with an experienced attorney if you have been injured by a defective product. Medical Malpractice Medical malpractice is a type of personal injury claim that can be brought against a healthcare provider in Atlanta, Georgia . According to the National Institutes of Health (NIH) , medical malpractice occurs when a healthcare provider fails to provide care that meets the accepted standard of practice, resulting in injury or death to the patient. To prove medical malpractice, you must show that the healthcare provider owed the patient a duty of care, that this duty was breached, and that it resulted in the patient's injuries. There are generally two types of medical malpractice claims: those based on errors in diagnosis and those based on errors in treatment. Each has different requirements: For a diagnosis-related claim , you will normally require expert testimony about the appropriate standard of care and how the healthcare provider fell short. For a treatment-related claim , you will need to show that the healthcare provider made a mistake and that this error caused you harm. In some cases, it may be enough to show that you would have had a better outcome if the healthcare provider had not made the mistakes. However, in other cases, you may need to show that you incurred additional medical costs or lost income due to the error. Due to the complexities involved with medical malpractice claims, it is crucial that you speak to an experienced attorney who can help you understand your rights and options. If you have been injured in an accident that wasn't your fault, you may be entitled to compensation. However, due to the complexities of personal injury law, particularly surrounding the burden of proof, it is a good move to seek advice from an experienced personal injury lawyer before making a claim. Get in touch today for a free consultation and start your recovery journey.

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