Personal injury lawyers play a unique role in the judicial system, because personal injury attorneys are charged with the task of seeking a civil remedy when a person has been injured due to the negligent actions of another person or business. Due to the nature of their area of law, personal injury lawyers often deal with a plethora of different clients that come from many different walks of life. This is mainly due to the fact that negligence can take many different forms with each form having its own unique set of legal standards and characteristics under the personal injury law system.
Moreover, negligence cases of all types are common in the United States. For example, the Bureau of Justice Statistics (BJS) did a nationally study of civil trials in 75 of our nation’s most populous counties in 2005. That year approximately 26,950 civil jury and bench trials reached a disposition, and it was estimated 7.4 million civil cases were filed in state civil courts nationwide that year. Of the 26,950 civil trials that reached a precipice in 2005, 16,397 were tort law cases with the difference being split between contract and real property cases. The overwhelming fact about these statistics is that there were more tort law cases than contract and real property cases combined.
Types of Negligence Claims in Atlanta, GA
There are several ways that negligence can occur, but some are more common than others. The most common types of negligence cases have their own unique standards of proof that was developed through a combination of legislative actions and judicial determinations. Some of the most common negligence cases are listed below:
- Medical Malpractice
- Premises Liability
- Dog or Animal Attacks
- Motor Vehicle Accident
Medical Malpractice Cases in Atlanta, GA
Of the case included in the 2005 BJS study, 2,449 were for medical malpractice. Plaintiffs prevailed in less than a quarter of these cases, but of those who did prevail, the median recovery for the cases analyzed was 17 times higher, $400,000, than the median recovery for other tort cases. The reason being, medical malpractice cases follow a unique standard, because the plaintiff must prove that the physician broke their “Standard of Care.”
Each state set its own individual standard for medical malpractice claims. In Georgia specifically, O.C.G.A. §51-1-27 defines medical malpractice as a physician’s failure to exercise the reasonable degree of care and skill that is typically exercised in the medical profession. However, proving that a physician failed to exercise the degree of care and skill that is typically exhibited in the medical profession can be difficult and expensive due to the fact that you normally have to demonstrate malpractice through the testimony of expert witnesses.
Premises Liability Cases in Atlanta, GA
In the 2005 BJS study, approximately 1,863 premises liability cases were analyzed and reached a conclusion in 2005. Plaintiffs prevailed in premises liability cases 34.8% of the time. Moreover, the median recovery amount for premises liability cases studied that year was $98,000, and 7.4% of the premises liability cases studied ended with a plaintiff receiving an award that exceeded one million dollars. Similar to many types of negligence claims, premises liability claims arise out of a land owner’s failure to exercise the degree of care required of them by law.
Under O.C.G.A. § 51-3-1, the owner or occupier of land can be held liable to an invitee, who was invited by express or implied invitation, for damages caused by a failure to exercise an ordinary degree of care in keeping the premises or approaches safe. Slip and fall accidents are some of the most common premises liability cases initiated, because failing to maintain a business in a manner that prevents a slip and fall from occurring is a breach of a company’s duty to exercise ordinary care to keep the establishment safe.
Personal Injuries in Atlanta, GA
Every year millions of Americans fall victim to acts of negligence and sustain injuries due to these acts. Unfortunately, many of these cases go unaddressed due to a failure to act on the part of the injured party, which is why you should always contact a personal injury lawyer in Atlanta if you are involved in any type of accident.
At Cambre and Associates, our team of personal injury lawyers have dedicated their careers to helping individuals who have been injured as a result of another person’s negligence seek the compensation they deserve, and we are ready to help you. Don’t let someone else’s actions cost you time and money. Call our office today for a free consultation.
Other Practice Areas
- Car Accidents
- Motorcycle Accidents
- Truck Accidents
- Bicycle Accidents
- Pedestrian Accidents
- Lyft & Uber Accidents
- Taxicab Accidents
- Bus Accidents
- Nursing Home & Elder Abuse
- Public Transportation Vehicle Accidents
- Premise Liability
- Slip and Fall Accidents
- Medical Malpractice
- Wrongful Death
- Dog Bite
- Workers’ Compensations
- Product Liability
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