A legal blog devoted to matters of personal injury law

What are the things YOU must prove in your personal injury case?
Good morning!

Thanks for joining us!
I’m Gary Martin Hays.
If you have a question you would like for me to answer, or if you would like to speak with me regarding a potential claim, please pick up the phone and give us a call right now. (770) 934-8000.

The call is completely confidential, there is no obligation, and the consultation is free.
Now let’s go to the next question from one of our viewers.
Gary: My wife and I were hurt in a car accident about a month ago. We were not at fault. I am ok but my wife is not. The other driver slammed into the passenger side door where she was riding. She is still treating with the doctor. We are already getting a lot of medical bills in the mail. If we hire a lawyer, what do we have to prove to be able to recover from the driver’s insurance company? -Jeff in Decatur
Transcript:
Jeff – thanks for the question though I’m sorry to hear about your wife’s injuries and the wreck.
There are several things we have to prove in these personal injury claims:
* Someone was negligent in causing the wreck (besides our client);

* We have to prove the damages our client sustained in the wreck.
This may sound somewhat complicated so let me break down each of these elements for you:

We have to prove that someone (besides yourself) was at fault for causing the wreck.
The injured party has the burden of proof in showing that the Defendant driver was negligent in causing the wreck.
For example:
When the defendant rear-ends your car because they did not maintain a safe following distance or they failed to keep a proper lookout of the road ahead, they were negligent.
When the defendant rear-ends your car because he did not get his brakes repaired, even though he knew they were not working properly, he is negligent.
Other examples could include:

Speeding or traveling too fast for conditions
Tailgating
Driving under the influence of alcohol or some illegal drug

Driver fatigue because they drove their tractor trailer more than Federal law allows
Proximate Cause:
Once we prove the other driver was negligent, then we must show that this negligence was the proximate cause of your injuries.
Here is an example:

You have a green light allowing you to proceed straight through the intersection. The Defendant is traveling in the opposite direction.
He does not see you and he attempts to turn left in front of your car and crashes into your vehicle. You sustain a broken arm and leg in the crash. His failure to yield while turning left is the proximate cause of the collision and your injuries.
(3) Damages:

Damages could include compensation for:
Medical bills, including:
-ambulance
-emergency room physician
-radiology
-medical doctors and specialists

Lost wages:

Transportation costs

This is clearly money that is coming out of your pocket that you would not have lost if the car wreck never happened.
You should be compensated for this loss.

Keep track of your round trip mileage to these appointments and save those parking receipts!
FUTURE medical expenses
No one has a crystal ball to tell you everything the future is going to hold for you medically. However, doctors can sometimes tell us to a reasonable degree of medical certainty what they anticipate you will incur should you eventually need a surgery or have to undergo some additional tests.
The key component to making a claim for these future medical expenses is to get a doctor’s narrative addressing the medical needs, why they are necessary, how they were caused by the wreck, and the costs of the procedure(s).
FUTURE lost wages:

The future lost earnings cannot be speculative and you must have documentation to substantiate your claims.
Punitive damages:
Sometimes the defendant’s conduct in causing the wreck or his actions immediately after the wreck are so egregious that the law allows us to seek additional damages known as punitive damages.
The purpose of punitive damages is to punish, penalize, or deter the Defendant from repeating the conduct.
For example, punitive damages can be sought in wrecks where:

There is a legal presumption under Georgia law that a person is driving under the influence if their blood alcohol level is above .08.
General damages are designed to compensate an injured victim for losses such as pain and suffering, emotional suffering, hardship, or inconvenience.
General damages are hard to quantify for everyone and are highly subjective, so the law instructs the judge or jury to assign these damages on an individual basis.

There is an old saying that “[T]he easiest pain to bear is someone else’s.”
There is a lot of truth to that statement.
It is a challenge to get a jury to understand the degree of pain and suffering someone experiences because of a wreck.
This is clearly one of those areas where an experienced personal injury attorney can help argue the specifics of your case to the insurance adjuster.
Now – if you have questions about a potential claim, please give us a call.

You have absolutely nothing to lose by calling a lawyer, but think of all you can lose if you don’t!

Just pick up the phone right now and give us a call at (770) 934-8000.
Our intake specialists are standing by right now to speak with you.
The consultation is FREE and completely confidential.

And I encourage you – if you don’t call us, please call someone to help you with your claim.
You owe it to yourself – to your family – to get the help you need.
So give us a call right now. (770) 934-8000.
And stay tuned for more of “Do I Need A Lawyer”
We’ll be right back.

Nursing Home Injury Law

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