A doctor sitting at a desk with a patientIn our last post, we covered the basic elements of a medical malpractice claim. We’ll continue that discussion here with some other important considerations that will determine whether you can successfully pursue a claim for medical malpractice.  

The Statute of Limitations

In the state of Georgia, there is a two-year statute of limitations on medical malpractice claims. This means that you cannot file a lawsuit more than two years after the date your injury occurred. No matter how strong your case is, you will not be able to recover compensation for your injuries if you do not file within two years.

A doctor holding a chartWe trust our medical professionals with our health and are often reluctant to believe that something has gone wrong. After all, it’s not uncommon to be in pain or suffer adverse effects following extensive medical treatment. Unfortunately, things do go wrong and accidents happen that could have been prevented. We regularly receive questions from people wondering if something has gone wrong – how do you know if you’re the victim of medical malpractice?

Elements of a Medical Malpractice Case

First, it’s important to understand what you will need to prove in order to prevail in a medical malpractice claim. Legal claims are broken down into “elements” that are the basic requirements to make your claim. The elements of a medical malpractice claim are as follows:

A silhouette on a man bending over holding his back.It’s quite common to hurt your back in an accident. Unfortunately, unless they experience a back injury that requires hospitalization, too many people ignore their back injury and assume that it will get better over time. They subsequently discover, often too late, that their injury is more serious than they thought and will require extensive medical treatment in order to make a full recovery.

Common Causes of Back Injuries

Back injuries can be caused in many different ways and sometimes in ways you wouldn’t expect. We’ve helped thousands of clients recover compensation from back injuries caused by the following accidents:

Red car with dented door and front fenderMany people who get injured in a car accident aren’t eager to sue the at-fault driver. They don’t want to cause financial hardship for someone else, given that it was an accident and not intentional. However, drivers are required to carry insurance precisely so that the victim does not have to bear the financial losses arising from the accident. The other driver’s insurance company should cover the victim’s losses, and in the event of litigation, will provide an attorney to handle the case.

But what if the other driver doesn’t have insurance? These are challenging cases because a lack of insurance often indicates that the other driver doesn’t have any money. Who is going to compensate you for your injuries?

Other Parties May Be Held Liable

An illustration of a person fallingFalling as a result of slipping or tripping can result in serious injuries – broken bones, torn ligaments, deep lacerations, facial fractures, and broken teeth. These injuries can require surgery, physical therapy, and weeks or months of recovery. If you’ve fallen on someone else’s property and have been injured, the question then becomes whether or not the property owner can be held liable for your injuries and resulting losses.

In many cases, these falls are the result of the property owner’s negligence – they failed to maintain their property in a condition that was safe for their guests and other visitors. An experienced personal injury attorney can help you assess whether the property owner should be held liable and whether you can recover compensation for your injuries.

However, even if the property owner failed to maintain their property in a safe condition, it may come as no surprise that the property owner is likely to claim that they should not be held liable for your injuries.

A white triple-trailer semi truckThe NHTSA recently reported that fatal truck accidents are on the rise, seeing an increase of nine percent. This statistic is alarming for a number of reasons beyond the fact that commercial vehicles pose a greater risk of injury due to their increased size and weight. What is most troubling is that in many of these cases, the company that operates the vehicle valued its bottom line over the safety of other motorists. In this post, we’re going to review some of the challenges that are unique to commercial vehicle accidents.

What Caused The Accident?

In a private vehicle accident, usually only the other driver is to blame. With commercial vehicle accidents, however, there are a number of unique factors that may have caused your accident.

A judge's gavelIf you’ve been injured in an accident, you may be tempted to try to handle your claim without an attorney. In our experience, however, non-lawyers who handle their own claims typically wind up with a less favorable result. And once you settle your claim, that’s it – you can’t go back and ask for more. Hiring a personal injury attorney can make sure that you get a fair result and that all of your losses are covered.

1. A Lawyer Can Help You Evaluate Your Claim

Determining what your claim is worth is not as easy as you might think, and it can therefore be difficult to know what a fair settlement amount is.

Law booksMost people may never hire an attorney, typically because the need never arises. But if you’ve recently been injured in an accident, you may be asking yourself whether you should hire a lawyer.

While there isn’t a one-size-fits-all answer to that question, we would encourage you to not rule out hiring a lawyer right away. For most accident victims, it’s at least worth talking to a lawyer to help you understand how they can help you with your case. To help facilitate that discussion, we thought we would devote some space on this blog to raise some points for you to consider when making this very important decision.

What are Your Out-of-Pocket Losses?

A doctor holding a chartAccidents happen every day. Thankfully, most of them are minor, but many can result in life-changing injuries. If you’ve been injured in an accident due to someone else’s negligence, you may have a legal claim against them in order to receive compensation for your injuries. However, there are first five things you need to do in order to protect your rights.

Seek Medical Treatment

Your health is your most important asset. If you didn’t see a doctor right after the accident and are in pain, go get checked out. It’s not uncommon for some injuries to manifest themselves days or even weeks after an accident. Your symptoms could signal a more serious injury, and you’ll need medical treatment in order to make a full recovery.  

A glass of liquor next to a set of keysIn a study released last month, Georgia ranked 21st out of all 50 states for the most drunk driving fatalities per capita. While it’s good news that Georgia isn’t in the top ten, our state is in the top half with 3.51 deaths per 100,000 people. According to the NHTSA, alcohol-related fatalities accounted for 24% of all car accident fatalities in the state of Georgia in 2017.

Drunk Driving is Negligent Driving

When someone is injured in a car accident, the victim may be entitled to compensation if the accident is the result of someone else’s negligence. Negligence is typically defined as the failure to take reasonable care under the circumstances. If you can prove that the other driver’s negligence caused your injuries, then the other driver can be held liable for your injuries and other losses.

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