Personal injury lawsuits are brought to compensate people who have been harmed due to the negligent or wrongful conduct of others. At the Suthers & Harper, our Savannah personal injury attorneys are dedicated to advocating for the rights of victims. We can assist people who need a car accident lawyer or representation in claims arising out of truck crashes, boating accidents, train accidents, airplane crashes, construction accidents, wrongful death, and defective products, among other situations.Pursuing Compensation Through a Personal Injury Claim
In most personal injury lawsuits, the plaintiff must establish the defendant's negligence. Establishing negligence typically requires the plaintiff to prove by a preponderance of the evidence that the defendant owed them an obligation to use reasonable care, failed to meet that obligation, and thereby caused their injuries and damages.
Both the obligation and the failure to meet it depend on the context. For example, all drivers owe a duty to others to use reasonable care to avoid unsafe conduct while driving. This means that drivers should not drive drunk, tweet while driving, break traffic rules, or engage in other careless or reckless conduct.
By contrast, the obligation that doctors owe to their patients is a higher standard. When diagnosing and treating a patient, doctors need to meet the accepted standards and practices of the medical community with regard to similar patients. For example, an OB-gyn may owe an obligation to order a C-section for a pregnant patient when a fetus is having trouble breathing if the accepted standard for similar doctors when faced with a pregnant patient and fetal distress is to order the C-section. A failure to do so may be medical malpractice. Usually, it is necessary to retain an expert to testify about the standard of care, the failure to meet it, and causation.
If you are injured in Georgia, and you are able to establish the defendant's liability, you likely will be able to recover damages. These damages may include economic losses, such as medical expenses, household services, and wage loss, as well as noneconomic losses like mental anguish, loss of consortium, and loss of enjoyment. However, if a jury determines that you were 50% or more at fault, you will be barred from recovering compensation. If you were less than 50% at fault for an accident, your compensation will be reduced by your percentage of fault.
When there are multiple defendants, a jury will also determine their percentages of fault. In Georgia, defendants may be held severally liable only. Since Georgia uses several liability, it is critical to retain an experienced personal injury attorney who understands how to develop a strategy to bring all of the appropriate defendants into the case.Consult a Knowledgeable Personal Injury Attorney in Savannah
Personal injury lawsuits are brought in a wide range of circumstances. In many cases, they are the only way that an accident victim may be able to afford necessary medical treatment and time off work. If you were hurt because of someone else's careless actions, the Savannah personal injury lawyers at the Suthers & Harper may be able to represent you in your claim. Our firm also helps injured people in Atlanta, Watkinsville, Norcross, Lawrenceville, Roswell, Athens, Marietta, Stone Mountain, Decatur, Pooler, Brunswick and Statesboro, and other areas of Oconee, Gwinnett, Clark, Cobb, DeKalb, Fulton, Chatham, Glynn and Bulloch Counties. Contact us by calling 1.800.320.2384 or completing our online form to set up a free appointment with a personal injury or wrongful death attorney.