12 Personal Injury Law Terms Every Atlanta Resident Should Know
Personal injury law is an important topic for Atlanta residents to understand, as it covers a broad range of legal matters that may arise from accidents or other situations. Accidents happen, and when they do, it’s important to understand the legal terms related to personal injury law. Knowing these terms will help you make informed decisions about your case and protect your rights.
This is a legal concept that states when someone fails to exercise reasonable care and causes harm, they may be liable for damages due to their negligence. Generally, negligence requires four elements: duty of care (a duty one person owes another); breach of duty (the failure to fulfill the duty); causation (how the breach of duty caused the harm); and damages (the harm caused by the breach). This means that if someone acts carelessly or recklessly, they may be held liable for any resulting injuries.
This is closely related to negligence but applies in cases where fault does not need to be proven in order for a plaintiff to recover damages. Strict liability is generally used in cases involving defective products, wherein the manufacturer can still be held liable even if they had no knowledge or control over how the product was made or used. This means that if someone is found liable for a personal injury claim, they may be required to compensate the injured party for damages incurred as a result of their misconduct.
The defendant is the person who has been accused of causing harm by breaching their duty of care or failing to act responsibly, as determined by law. They are usually responsible for providing compensation for damages incurred as a result of their actions or inaction. The defendant is also responsible for demonstrating that they acted responsibly and exercised reasonable care in order to avoid causing harm. In some cases, the defendant may be able to prove that their actions or inaction were not a cause of any damage or injury suffered by the plaintiff. It is important for defendants to understand their rights and to seek legal advice if needed in order to protect themselves from liability.
The plaintiff is the person who brings forth a claim against another party on behalf of themselves or another injured party, such as a family member or friend who has suffered losses due to someone else’s negligence. The plaintiff bears the burden of proof in a lawsuit and is responsible for presenting evidence to establish their claim. In some cases, the plaintiff may be able to seek out damages from the defendant in order to compensate them for any losses suffered.
This is a form of dispute resolution that involves the use of a neutral third party to facilitate communication between two or more parties in an effort to settle their dispute. This third party, known as the mediator, works with both sides to help them come to an agreement on the issues in question without going to court. The mediator does not make decisions, but rather provides a safe space for productive dialogue and encourages the involved parties to negotiate and reach their own resolution.
These are awarded to plaintiffs as a way of punishing defendants who have committed egregious acts or intentional wrongdoings in order to set an example and deter similar behaviors in the future; they differ from compensatory damages (the most common type of award) which are meant to restore losses suffered by victims due to the defendant's negligence or misconduct, whereas punitive damages are intended solely to punish defendants for their behavior and discourage them from engaging in similar activities again. These damages may include medical bills, lost wages, and other costs related to the injury sustained by the victim.
Statute Of Limitations
In Georgia, all personal injury claims must be filed within two years after an incident occurred, if not done so within this time frame one may not eligibly pursue legal action hence statute limitations protect potential defendants from being unfairly sued after long periods have passed since the incident occurred. A statute of limitations sets forth the time limit within which legal action must be taken against someone who has caused an injury through negligence or recklessness.
Comparative fault refers to situations where both parties in an accident share some degree of blame for an injury-causing event; under Georgia's comparative fault rule, if more than 50% of fault is attributed to one party in a personal injury case, then that party will not be eligible for compensation from the other parties. However, if both parties are at fault for the injury and there is a finding of shared fault, then any compensation due will be reduced according to the percentage of fault assigned to each party.
Wrongful Death Claim
Under Georgia law, wrongful death claims are civil actions brought by bereaved family members against individuals or entities involved in an incident that resulted in death due to gross negligence or intentional wrongdoing on behalf of another person/entity; successful claims can result in monetary compensation being awarded by courts to surviving family members who have suffered losses as a result of their loved one’s death (e.g., loss of companionship). In order to bring a wrongful death claim in Georgia, there are certain criteria that must be met. One of these is the requirement that there be a personal representative appointed by the court to represent the deceased individual’s estate and pursue any claims related thereto. The personal representative is responsible for identifying all potentially liable parties, as well as gathering evidence to prove their claims.
Workers Compensation Claims
These compensation claims refer specifically to workplace-related incidents whereby employees seek financial assistance from employers following injuries sustained while performing work duties, these claims include medical bills and lost wages related directly resulting from workplace injuries sustained by employees while performing job duties per employer instructions, directives, requests, regardless of fault or negligence. The compensation claims process is designed to ensure that employees are able to receive the financial assistance they need in order to recover from workplace injuries and illnesses, either through direct payments from employers or through a workers' compensation insurance provider.
Product Liability Claims
These are a type of civil lawsuit in which the claimant seeks compensation for an injury or illness caused by a defective or unreasonably dangerous product. These claims can be filed against any entity involved in the manufacture, sale, distribution, and promotion of a product, including manufacturers, wholesalers, distributors, retailers, repair shops, and advertising agencies. Product liability is based on the idea that producers have a responsibility to make sure that their products are safe and free from defects. When they fail to do so, consumers become injured as a result of using them, then they may be held responsible for damages incurred by users of the product.
Contingency Fee Agreement
This is when an attorney agrees to take a case with no up-front payment from their client; instead, they receive payment upon achieving a settlement or winning at trial, typically ranging from 20-40% depending on case specifics and jurisdiction laws regarding attorneys fees. Contingency fee agreements typically include a clause that states the attorney will receive an additional percentage if their client is awarded punitive or exemplary damages, or if a case must be appealed. It should be noted that contingency fee agreements may not be allowed in all jurisdictions; there could also be varying limitations at play depending on the type of case being pursued and any associated ethical considerations.
Contact A Personal Injury Law Firm In Atlanta
When searching for the best "personal injury law firms near me", it is important to look for a team of experienced attorneys who understand the complexities of this type of litigation. Contact The Brown Firm in Atlanta has been dedicated to obtaining justice and fair compensation for people injured due to the negligence of others. The firm has a history of success in personal injury cases, including wrongful death, medical malpractice, product liability, and more.