Personal Injury Lawyer
Suffering any type of injury can be difficult for a person and family. But when that personal injury is caused by the reckless, careless, or downright negligent conduct of another, it can be both difficult and frustrating. Another person, business, or government entity’s negligent errors could cost victims and their families thousands of dollars for medical bills and lost wages. Some personal injuries could be catastrophic and life-changing, while other injuries could be fatal. Whether an innocent person is injured in a car accident, trucking wreck, dog bite, medical malpractice, or a slip, trip, and fall, you may be entitled to compensation under the law. Our experienced personal injury lawyers in Jonesboro, Georgia can fight for your rights to compensation.
Here at Joseph M. Todd, P.C., our experienced personal injury lawyers are dedicated to protecting the rights of injured residents in Atlanta, Jonesboro, Clayton County, or anywhere else in Georgia. We offer FREE case evaluations to review what happened and your rights under the law. We accept cases on a contingency fee basis, meaning we pay the upfront litigation costs and disbursements to pursue your claim and only get reimbursed and paid our attorney’s fees after we recover compensation for you in a settlement, verdict, or arbitration award. Learn how we can help you and your family today by dialing (770) 477-7878.
Types of Personal Injury Cases We Handle
There are many ways that another’s negligent actions or inactions could cause serious or catastrophic injury to another person. We have a proven track record of success representing victims and their families throughout Georgia for many different types of personal injury cases. Some of the most common cases that our law firm handles include the following:
Auto Accidents in Georgia
Auto accidents are a serious problem and common cause of personal injuries in the United States, including Georgia. The Georgia Department of Public Health labels motor vehicle crashes as the leading cause of injury deaths and the second leading cause of hospitalizations and emergency department visits in Georgia. According to the Georgia Department of Transportation, each year there are approximately 404,000 car accidents resulting in roughly 1,400 fatalities and almost 150,000 injuries.
Victims and families of victims involved in auto accidents can face many challenges. Unfortunately, the challenges can start as soon as an insurance claim is made. This is because Georgia is an “at-fault” insurance state. Oftentimes insurance adjusters, even your own, will start to minimize your damages and shift blame to you. This can quickly become overwhelming, especially if you are seriously injured in an accident.
Our experienced personal injury lawyers in Jonesboro, GA can help fight back against an aggressive insurance adjuster to ensure you recover the compensation you deserve.
Car Accidents in Georgia
While many modern, passenger vehicles have enhanced safety features, technology, and equipment, that does not stop occupants from being injured in a serious car crash. This is because there is still driver error in operating a motor vehicle which could make a negligent motorist liable for another person’s medical bills, lost wages, and their pain and suffering.
Some of the most common causes of car accidents include the following:
- Distracted driving
- Speeding
- Drunk driving or drugged driving
- Road rage or aggressive driving
- Improper left turns
- Unsafe merges or lane changes
- Rear-end collisions
- Centerline violations
- Head-on collisions, and
- Other common causes.
If you or a loved one were injured in a car accident, ask our experienced personal injury lawyers in Jonesboro, Georgia for help recovering compensation under the law.
Trucking Accidents in Georgia
Collisions with commercial vehicles like big rigs, tankers, semi-tractor trailers, and other box trucks are not like other motor vehicle accidents. This is for many reasons, including the sheer weight and size of these large trucks that generate considerable momentum in a collision. As a result, this typically results in catastrophic collisions that are devastating, debilitating, and often fatal.
In addition to the sheer power involved in a trucking accident, there is also a unique and complex body of law governing commercial vehicles through the federal agency known as the Federal Motor Carrier Safety Administration (FMCSA). The federal regulations promulgated by FMCSA apply to all commercial vehicles and can be used by a victim to establish liability against a negligent truck driver or trucking company.
Unfortunately, not all lawyers know about the FMCSA regulations or how to properly use them in a lawsuit. This is why victims must contact an experienced personal injury lawyer like one of ours at Joseph M. Todd, P.C., who knows how to use the FMCSA to help prove a claim in Georgia.
Slip and Falls or Trip and Falls in Georgia
Georgia law requires all landowners, tenants, or possessors to exercise reasonable care under the circumstances in the management and upkeep of their property. This includes repairing, cleaning, or otherwise removing dangerous or hazardous conditions on the premises. When a property owner, tenant, or possessor fails to do so, innocent people could be seriously injured. Anytime you are injured on the property of another you may have a “premises liability” claim. These are claims related to the use or occupancy of a property.
The most common types of premises liability claims are slip and falls or trip and falls. The causes of most slips, trips, and falls include the following:
- Spilled products
- Wet floors
- Excessive cleaning soap or wax on the floor
- Broken tiles
- Missing handrails
- Uneven flooring
- Holes in the ground or flooring
- Poor lighting
- Tracked in rainwater into a store
- Leaky AC or refrigeration units
- Broken curbs or sidewalks
- Plants growing on sidewalks or patios, and
- Other defects on the ground, floor, stairs, or other surfaces
Dog Bites in Georgia
Some of the most traumatic types of personal injuries are due to a dog bite or an animal attack. This is also a bigger problem than most people realize. According to research supported by the CDC, there are over 4.5 million dog bites in the United States each year resulting in over $1 billion in financial losses.
Under Georgia Code section 51-2-7, a victim of a dog bite or animal attack must prove that the dog owner knew or should have known about the dog’s vicious propensities prior to the attack but still carelessly managed or allowed the dog to go at liberty when the attack occurred. As long as the victim is not found to have provoked the dog, victims may be entitled to recover compensation for medical bills, lost wages, and emotional damages following most animal attacks.
Medical Malpractice in Georgia
Although we expect our healthcare providers to provide us with competent medical care, unfortunately, this does not always happen. Sometimes careless, reckless, and negligent medical errors cause serious and preventable harm to innocent people. This is also a much bigger problem than most people realize. According to John Hopkins Medicine, preventable medical errors are the third leading cause of death in the United States behind only cancer and heart disease. This is a shocking realization.
The most common types of medical malpractice include the following:
- Birth injuries
- Surgical errors
- Anesthesia mistakes
- Wrong patient surgeries
- Wrong-site surgeries
- Nursing home malpractice, abuse, or neglect
- Failure to diagnose
- Missed diagnosis
- Prescription errors or medication mistakes
- Delayed treatment or patent neglect
- Hospital falls, and
- Many other common types of medical malpractice.
Victims who have been wronged by a healthcare provider’s negligence should call our experienced personal injury lawyers for a FREE consultation.
Common Injuries in a Personal Injury Lawsuit
Victims who have been seriously injured in a personal injury accident in Jonesboro, Georgia may be entitled to “damages.” Under GA law, damages are the measure of relief that a party to a lawsuit may recover. In personal injury cases, damages are typically monetary compensation. Damages can be for medical bills or lost wages, but are most often focused on the pain and suffering that a victim suffered due to his or her personal injuries.
The most common types of personal injuries include the following:
- Traumatic brain injuries (TBIs) – each year there are over 27,000 new TBI cases in GA alone
- Spinal cord injuries (SCIs)
- Paralysis like paraplegia or quadriplegia
- Broken bones or fractures
- Organ injuries or damage
- Nerve injuries including facial nerve injuries, brachial plexus nerve injuries, or other major nerve damage
- Significant scarring and disfigurement
- Burn injuries from fire, explosions, or chemicals
- Amputations or loss of a limb
- Wrongful death, and
- Any other serious or catastrophic personal injuries that our lawyers could handle for you
Proving Liability in Georgia
In order to recover compensation for damages in a personal injury lawsuit, you will need to establish liability or fault. This can be done in several ways.
The most common way is through a cause of action (or claim) for negligence. Negligence is the failure to act reasonably under the circumstances resulting in foreseeable harm to another. A person, business, or government entity could be negligent. In order to establish negligence, a victim will have to prove that:
- Defendant dad a duty of care
- Defendant breached that duty of care
- Victim suffered damages, and
- Defendant’s breach was a substantial factor (proximate cause) in causing the victim’s damages.
Each of these elements must be established. If they are, a victim may be entitled to recover damages under the law.
Burden of Proof in Georgia
A party must prove a claim by the burden of proof or the burden of persuasion. While many people know of the “beyond a reasonable doubt” standard, that is not the standard that is required for a civil case like a personal injury accident. Rather than the 98-100% burden of persuasion for “beyond a reasonable doubt,” a victim of a Georgia personal injury accident only needs to establish a claim “by a preponderance of the evidence” or 51%.
While this is a lower burden than criminal cases, it does not mean that a victim can hire just any lawyer. This is because a defendant only needs to prove a defense by 50% or more. As a result, victims need to hire an experienced personal injury lawyer like one of ours at Joseph M. Todd, P.C. to prove their personal injury case.
When Should I Hire a Personal Injury Lawyer in Georgia
Oftentimes people who have been injured in a personal injury accident question whether they should get a lawyer or whether they should try to handle the claim themselves. Sometimes victims do not even realize they may be entitled to compensation in the first place.
The general rule is that, if you have been injured in an accident with another person, on the property of another, or unexpectedly after medical treatment, always call a personal injury lawyer. Even if you do not think that your injuries are severe right now, it is important to get your claim evaluated. A case evaluation at Joseph M. Todd, P.C. is free and can review the facts, law, and options you have at no expense to you.
Handling a claim by yourself with an insurance adjuster is basically guaranteeing yourself to recover less compensation than you deserve under the law. This is because insurance adjusters are trained by defense lawyers and know how to ask tricky questions to get you to admit unsavory facts that could defeat your claim. Insurance adjusters also take advantage of the fact that you are not a lawyer, stretching the truth regarding your claim. Simply put, it is an unfair fight if you do not have a personal injury lawyer on your side.
How Long Do I Have to File My Claim?
Like all states, Georgia has a time limit on filing a lawsuit known as the statute of limitations period. Each type of personal injury action has a potentially different time limit. A lawsuit filed outside of this time period could be automatically dismissed by a court. The time limit is set by statute, but there are many different exceptions that could shrink or extend the time you have. Many of these exceptions are through the common law, or judge-made law, making it difficult for a victim to determine how long you have to file a lawsuit.
It is always best practice to contact an experienced personal injury lawyer right away to determine how long you may have to file your claim. Here at Joseph M. Todd, P.C., our experienced legal team can work with you and your family to ensure that you get your claim timely filed.
Call Our Personal Injury Lawyers in Jonesboro, Georgia for Help
If you or a loved one were seriously injured in a personal injury accident in Atlanta, Jonesboro, Clayton County, or anywhere else in Georgia, ask our experienced personal injury lawyers at Joseph M. Todd, P.C. for a FREE consultation by calling (770) 477-7878 or filling out our easy and convenient to use “contact us” box available here. We have a proven track record of success and are committed to client satisfaction.
Learn how we can help you and your family recover damages for pain and suffering, lost wages, medical bills, loss of consortium, property damage, and other costs associated with your accident today. We are here to help you.
