Atlanta Ga Personal Injury Lawyer – For victims, especially those trying to recover, the long road to a personal injury lawsuit is grueling. When the unthinkable happens, our Atlanta personal injury attorneys are ready to take your case from claim to trial so you can focus on your family, rebuild your life, and rebuild.
If you’ve been seriously injured in an accident, didn’t receive proper medical care, or lost a family member because of someone else’s negligence, we can help you get the compensation and justice you deserve. .
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Personal injury victims face many obstacles when filing a personal injury claim. They must prove that the other party was at fault and that the accident caused the injury. And they must deal with the tactics of powerful insurance companies involved in denying liability or limiting the value of their claims. At DRS Law, we have the tools to overcome these obstacles and maximize the value of your personal injury claim.
Atlanta Auto Accident Lawyers
While every claim is unique, there are four key elements to successfully pursuing a personal injury lawsuit in Georgia. Knowing these elements and how your case fits into each of them will give you an idea of how an experienced attorney will approach your case.
If one party is responsible for the safety or welfare of an individual, they have a duty of care to that individual. Many human relationships impose a duty of care, such as parent/child, doctor/patient, or business/customer relationships.
In order to make a successful personal injury claim, the plaintiff must first prove that they owed a duty of care, assuming some responsibility for the plaintiff’s safety.
The second element that a personal injury plaintiff must prove is that the defendant breached the plaintiff’s duty of care. A breach occurs when the defendant fails to adequately ensure the safety of the claimant in accordance with their duty of care. Examples of such violations include an unmarked wet surface at a grocery store, a doctor who performs surgery on the wrong limb, or a driver who runs a red light.
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A plaintiff must be able to show some type of harm in order to bring a personal injury claim. Damages may include pain and suffering, medical expenses, psychological or emotional injury, or permanent disability. Obtaining medical records and bills will be important to your personal injury claim.
Even if the defendant breached its duty of care, unless damages are shown, the plaintiff has no legal claim for personal injury. Likewise, if the damage is minor—just a few bruises or scratches—it’s not worth the time and expense to file a personal injury lawsuit.
Finally, the plaintiff must prove that his damages were caused by the defendant’s breach of duty. The causal element is the connection between the defendant’s wrongful act and the plaintiff’s harm; if causation cannot be shown, the defendant’s actions are unrelated to the plaintiff’s injury and the plaintiff cannot recover.
In establishing causation, the plaintiff must show that there was a proximate or legitimate cause of the defendant’s actions, as well as a “but for” or actual cause of the plaintiff’s damages. Means that the defendant’s actions were sufficient to cause the plaintiff’s injury, and “but for” reason means that without the defendant’s actions, the plaintiff’s injury would not have occurred. If the plaintiff fails to prove either proximate cause or causation, the connection between the defendant’s conduct and the plaintiff’s harm will not be strong enough to support a personal injury claim.
Atlanta & Savannah Personal Injury Law Firm
If you or someone has been involved in an accident in or around Atlanta, Georgia, you may have questions. The Atlanta personal injury attorneys at DRS Law have the answers. Read on for more information.
The statute of limitations in Georgia is two years for personal injury cases. The statute of limitations is the time you have to file your case. If you do not file within two years, your case may be dismissed early. Of course, there’s more to it than that, which is why it’s so important to have a good Atlanta personal injury attorney on your side.
Comparative culpability is a doctrine that allows the jury to compare your culpability with that of the defendants. In Georgia, the plaintiff must prove that the defendant was more than 50% at fault, or the plaintiff receives nothing. Because defendants almost always try to argue that the plaintiff or other responsible parties are at fault, it is important to find the best personal injury attorney in Atlanta. .
Some states limit or cap the amount of noneconomic damages a plaintiff can recover for pain and suffering. But in Georgia, there is no limit on non-economic losses. This makes Georgia an ideal jurisdiction for plaintiffs, as they can recover the full amount of any jury award for such damages.
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However, there is a limit to punitive damages in Georgia. These damages are intended to punish a defendant who intentionally or negligently harms a plaintiff. In Georgia, any punitive damages against a defendant are generally limited to $250,000.
Georgia has two exceptions to the punitive damages limit. There are no limits on punitive damages in Georgia if the at-fault party (1) acted with the intent to cause actual harm or (2) was under the influence of certain substances, such as alcohol or drugs.
Georgia requires that civil jury verdicts be unanimous. This means that in a personal injury case, the plaintiff must convince 12 out of 12 jurors that the defendant was at fault and that the defendant’s actions caused the plaintiff’s personal injury. Our Atlanta personal injury attorneys can help you maximize your recovery at trial.
Georgia recognizes negligent failure or “bad faith” to make insurance payments. These claims can contribute to the recovery of a personal injury victim under certain circumstances. A bad faith claim arises when the plaintiff applies for a settlement within the limits of the available insurance policy and the insurance company negligently refuses to pay the claim. If you have been injured in a car accident, motorcycle accident, bicycle accident, or truck accident, it is essential that you have a dedicated and experienced accident attorney who can ensure that you file a claim with your insurance company and that he sets the standard. negligent failure to sustain a claim.
Get To Know The Rafi Law Firm Attorneys
If you or someone has been injured in Atlanta, contact the Atlanta personal injury and accident attorneys at DRS Law today.
David is a caring and thorough personal injury attorney at DRS Law. He represents individuals and families who have been wrongfully injured in accidents in Atlanta and Georgia.
Since 2015, David has tried cases in the Atlanta area, including Fulton County, DeKalb County, Cobb County, Gwinnett County, Henry County, and Clayton County. He has also tried cases and appeared in state and federal courts throughout Georgia.
Prior to DRS Law, David worked for two nationally recognized law firms in Vinings and Midtown, Atlanta, representing large corporations and insurance companies. He focused on trucking accidents, negligence and wrongful death cases in Atlanta. He learned how insurance companies value personal injury cases in Georgia, and now he uses that knowledge to help ordinary people instead of corporations.
Atlanta Personal Injury Attorney
To win these cases, David gives each case the attention it deserves. He uncovers critical evidence, interviews key witnesses, and uncovers the human story in each case. He relies on compelling storytelling and an in-depth understanding of the law to achieve the best results for his clients.
Outside of the office, David enjoys spending time with his wife, Kathleen (an Atlanta native and graduate of the University of Georgia) and their golden retriever, Chili. Her hobbies outside of work are yoga, basketball and cooking.
David is currently licensed in Georgia and practices in Tenn. Jurisdiction in Tennessee. Sup. kt. R. 7, Section 10.07 and the David Randolph Smith Guidelines.
David volunteered with the Georgia Justice Project, helping first-time offenders establish and limit criminal records.
Dunwoody Personal Injury Lawyer
Our Atlanta personal injury and accident attorneys handle personal injury, medical malpractice, civil rights, medical device lawsuits, wrongful death, trucking accidents, and more. has more than 75 years of experience in dealing with related cases.
DRS Law is a reputable personal injury law firm based in Nashville but accepting cases in Atlanta. For over 35 years, our founder, David Randolph Smith, has been recognized as a top Mid-South attorney and one of the top personal injury attorneys in Nashville and Tennessee.
Unlike many Atlanta personal injury attorneys who handle a large volume of cases, we focus on a select few cases. As a result, we ensure that every step is taken to achieve the most favorable results for our clients.
We carefully prepare each case for trial to maximize our clients’ recovery. Because of this unique approach, we have obtained multi-million dollar settlements and verdicts in numerous personal injury cases.
Topdog Law Personal Injury Lawyers
Our specialist personal injury and accident solicitors offer a free, no-pressure case assessment. We will help you determine if you have a case and answer all your questions in plain English. We never charge
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