Our Legal Blog

Each year, millions of people in the United States are injured in accidents and incidents that aren't their fault . You may be curious about your legal options if you're one of them.  In this post, we'll look at the five most common types of personal injury claims made in  Atlanta, Georgia  and consider the conditions necessary to make a claim. If you've been injured and want to learn more about getting compensation, this post is a good starting point for understanding the process. Car Accidents Car accidents are the most common type of personal injury claim in the United States. According to the National Highway Traffic Safety Administration (NHTSA), there were over 5 million car accidents in the United States in 2020 alone . Many factors cause car accidents, including speeding, distracted driving, and drunk driving. They can lead to wide-ranging injuries, from minor bruising to severe injuries like broken bones and concussions. If you have an injury from a car accident, there are a few things that you may be able to claim for: medical expenses, lost wages, and pain and suffering. Medical expenses can include past and future costs related to the car accident, such as hospital bills, ambulance fees, and prescription costs. Lost wages are another common element of car accident personal injury claims. If you've had to miss work due to your injuries, you may be able to recover those lost wages as part of your claim. Finally, pain and suffering are damages that can be more difficult to quantify but are equally important. These claims include emotional distress, physical pain, and disability. Slips and Falls Slips and falls are another common type of personal injury claim in  Atlanta, Georgia  . Indeed, this fact is unsurprising, given that one in five falls results in a severe injury , according to the Centers for Disease Control and Prevention (CDC). Your eligibility to make a personal injury claim for a slip or fall depends on the circumstances of the accident. Generally speaking, you will only be able to make a personal injury claim if someone else's negligence caused the accident. For example, if you slipped on a wet floor that had not been adequately marked or cleaned, you could file a claim against the property owner. Similarly, if you fell down a flight of stairs that did not have proper handrails, you could file a lawsuit against the building owner. However, suppose you lost your footing and fell without the influence of negligence. In that case, it is unlikely that you would have a successful personal injury claim. If you are unsure whether or not your accident qualifies, it is highly recommended that you speak to an experienced personal injury lawyer. Workplace Accidents According to the Bureau of Labor Statistics (BLS), there were 2.7 million non-fatal workplace injuries and illnesses in 2020 . This statistic includes accidents that occur while working with machinery, falling from heights, and being exposed to hazardous materials. Workplace accidents can often be prevented with proper safety training and protocols. However, when they occur, they can lead to serious injuries requiring medical attention and time off from work. If you have been injured in a workplace accident, your eligibility to make a personal injury claim depends upon factors such as the severity of your injury and the cause of the accident. You will likely be eligible for compensation if your injury occurred while you were working. However, there are some exceptions to this rule. For example, if your own negligence caused your injury or if you were engaging in illegal activity at the time of the accident, you may not be eligible to make a claim. Product Liability Product liability is a type of personal injury claim that arises when a person is injured because of a defective product. To win a product liability claim, you must be able to prove that the product was defective and that the defect caused your injury. Three main types of defects can lead to a successful product liability claim: design defects, manufacturing defects, and warnings and instructions defects: Design defects occur when something is wrong with the product's overall design. Manufacturing defects occur when there is something wrong with the way the product was made, even though the overall design may be sound. Warning and instructions defects occur when a product does not have adequate warnings or instructions or when the warnings or instructions that are provided are incorrect. Product liability claims can be complex and often involve multiple parties, including manufacturers, distributors, and retailers. As a result, it is essential to consult with an experienced attorney if you have been injured by a defective product. Medical Malpractice Medical malpractice is a type of personal injury claim that can be brought against a healthcare provider in Atlanta, Georgia . According to the National Institutes of Health (NIH) , medical malpractice occurs when a healthcare provider fails to provide care that meets the accepted standard of practice, resulting in injury or death to the patient. To prove medical malpractice, you must show that the healthcare provider owed the patient a duty of care, that this duty was breached, and that it resulted in the patient's injuries. There are generally two types of medical malpractice claims: those based on errors in diagnosis and those based on errors in treatment. Each has different requirements: For a diagnosis-related claim , you will normally require expert testimony about the appropriate standard of care and how the healthcare provider fell short. For a treatment-related claim , you will need to show that the healthcare provider made a mistake and that this error caused you harm. In some cases, it may be enough to show that you would have had a better outcome if the healthcare provider had not made the mistakes. However, in other cases, you may need to show that you incurred additional medical costs or lost income due to the error. Due to the complexities involved with medical malpractice claims, it is crucial that you speak to an experienced attorney who can help you understand your rights and options. If you have been injured in an accident that wasn't your fault, you may be entitled to compensation. However, due to the complexities of personal injury law, particularly surrounding the burden of proof, it is a good move to seek advice from an experienced personal injury lawyer before making a claim. Get in touch today for a free consultation and start your recovery journey.