What are the types of damages in personal injury cases?


Damages in a personal injury cases will be mostly compensatory. Compensatory damages are simply compensable.

So it will be for any pocket money that you spent or you can prove that it will be necessary to spend it in the future.

In some cases, disciplinary compensation can also be awarded. Punitive damages act as a deterrent to repeat the behavior or negligence that caused the problem.

personal injury cases examples

Personal injury is a Very broad field Of law that inciudes several types Of injuries. However, there are a few types of personal injury cases that are common . Here are five examples of personal injury claims that can be pursued with the help of a Personal Injury Lawyer.


  • If a person experiences an injury as a result of a car accident injury and was not at fault, he or she may be able to seek compensation for injuries. Prosecutors need medical documents detailing the injuries sustained, insurance information, as well as a police report detailing the events of the accident injury.
  • Product Liability
    In the event that a person is injured while using a non-good product, he may be entitled to claim compensation for injuries. Certain types of injuries are not included
  • Slip and Fall Accidents
    Persons injured due to a slip and fall On public Or private property may be entitled to compensation for their injuries. Cases of personal injury from slipping and falling usually depend on the safety of the environment-the condition of the injured person is enhanced if the property is unreasonably or unpredictably dangerous for others.
  • Wrongful Death
    Wrongful death claims involve the death of a person due to the negligence of someone else. For example, if a person died as a result of an accident at an unspecified construction site, his family may be entitled to compensation.

personal injury cases won

When it comes to your chances of winning a personal injury lawsuit in Georgia, it's not like a lottery. The results are often highly dependent not only on the facts of your case but the skill of your Atlanta injury attorney ، 

For example, medical malpractice claims, product liability/defective products, nursing home negligence – these are not easy and simple cases to win. They are often high-risk (because the injuries are very severe), the burden of proof is high (sometimes necessitating one or more expert witnesses) and the defendants have the resources to respond aggressively.

This does not mean that it is always easy to prove liability (fault / liability for payment) and damages (compensable losses) in cases involving dog bites or car accidents – it is not. But in terms of more common won cases, the truth is some types of claims are easier than others.

Personal Injury Claims Most Commonly Won

Although some cases are more common leading to a positive outcome than others, be mindful of the fact that while it may be easy to get a quick settlement in a personal injury case, what is less simple is getting one both quick and fair. That's why some cases sometimes take longer than others, and that's why working with an experienced injury attorney from the start is so critical.

1. Car Accidents.

Car accidents are the leading cause of injury-related deaths among almost all age, race, and socioeconomic groups. Approximately 37,000 people in the United States die annually in accidents and another 2.35 million are injured or disabled, costing the United States. 

more than $230 billion a year. Although both liability and damages are often disputed in these claims, the good news for most accident caused is that since insurance is required for almost every driver/vehicle, there is money payable to those who meet the burden of proof. In certain situations, such as rear-end collisions, there is an assumption that the driver in a certain situation was negligent. The types of crash cases our Atlanta Personal Injury Lawyers have found to be the most successful in terms of insuring injury settlements and judgments in Georgia include:

  • Drunk driving accidents
  • Rear-end accidents
  • Accidents involving excess speed
  • Bicycle/pedestrian accidents

Crash claims that have proven more difficult include driving accidents, large truck accidents, and chain reaction crashes.

2. Dog Bites.

Ga. Code Ann., § 51-2-6-7 It is the dog bite law in Georgia, and it defines liability quite clearly. One of the benefits of the dog bite law in Georgia is that it imposes strict liability-but only if the plaintiff first manages to show that the dog (or other animal) was previously designated as dangerous or evil, as indicated by the requirement for each city decree that the animal was restrained, that the animal was free and the plaintiff did not provoke the dog.

3. Slip-and-Fall Lawsuits.

Claims for slip-and-fall accidents are a kind of tort known as premises liability. That is, you hold the property owner / manager responsible for not addressing or warning of a serious condition on the property that was not clear when the property owner had a duty to do so. This is usually filed against the owners of commercial real estate (grocery stores, nightclubs, restaurants, amusement parks, etc.), But they can also be filed against government agencies or property management companies (uneven sidewalks, dangerous parking lots, dangerous entrances), or even private homeowners.

4. Workplace accidents.

Georgia law requires almost all employers to purchase workers ' compensation coverage to extend no-fault coverage to those who get / get sick on the job or as a result of workplace conditions. O.C.G.A. § 34-9 spells out these worker rights. If you are injured in the course and scope of work, you will probably be entitled to benefits – even (in most cases) if you are responsible for what happened. There are also some cases when you can get compensation from a third party if others were negligent.

5. Child drowning.

The Georgia Department of Health It is reported that 117 people drown in Georgia every year-this is the second leading cause of death for children under 5 years old, and 42 percent of those hospitalized for near drowning are also in this group. Often, it comes down to either a lack of supervision or unsafe premises. Pool areas that are not properly secured or monitored pose a serious danger to the safety of young children, and property owners can be held liable in the event of a tragedy.

Working with a Personal Injury Lawyer in Georgia can help ensure that you are entitled to fair compensation in these and other claims for damages caused by someone else's negligence.

famous personal injury cases

Did you know that some of your favorite celebrities have been involved in some very common legal fights? From beloved comedians to average sweethearts, some of the most unexpected incidents have turned into globally common personal injury cases. Today we are dividing the eight most famous personal injury cases and what you should take away from them.

1. Harris v. McGraw

Phil McGraw, better known as Dr. Phil, has been a staple of daytime television for almost 20 years. In 2009, Dr. Phil and his wife Robin invited a friend and frequent talk show guest Janet Harris to visit their house. While at the McGraw house, Janet is bitten by Maggie, McGraw's pet dog.

After the incident, McGraw provided Harris with home insurance information-although, allegedly, Harris never filed an insurance claim—and paid for a Hawaiian vacation. Fast forward a few months, and Harris ' dog bite injury severely injured her, causing hearing loss and hand tremors that forced her to quit work.

In 2011, Harris filed a 7 million personal injury lawsuit against McGraw for damages caused to her. She claimed that the McGraws were negligent and bribed her with a vacation to keep calm. The case was eventually settled out of court for an undisclosed sum in favor of Harris.

2. Anderson v. Pacific Gas & Electric

The Anderson v. Pacific Gas & Electric case took the nation by storm in the ' 90's, led by the now legendary Erin Brockovich. In 1993, Brockovich discovered

Pacific Gas and Electric dumped toxic and contaminated wastewater into groundwater in Hinckley, California. The dumping occurred between 1952 and 1966, although PG & E did not report the carcinogenic wastewater to the local water board until 1987.

The accumulation of sewage has caused a host of diseases in the community, all of which are related to hexavalent chromium, a rust inhibitor used inside PG & E gas lines. Brockovich, a law clerk at the time, banded together with the community to lead the investigation. The case originally went to arbitration before being settled in 1996 for $333 million—making the case the largest settlement of a direct lawsuit in American history and one of the most famous tort law cases.

3. Liebeck V. McDonald's Corporation

Have you ever wondered why all your hot drinks from McDonald's are decorated with a " hot warning!"label? You can thank 79-year-old Stella Liebeck from Albuquerque, New Mexico for that.

On February 27, 1992, Lebeck ordered a 49-cent hot coffee from the car window at a local McDonald's restaurant. Lebeck waited until the car was parked to add cream and sugar to her coffee. In a car without Cup holders, Lebeck put the coffee cup between her knees but it spilled. A full cup of hot coffee soaked into her lap, soaking and sucking into her cotton pants. Pasteurized coffee has a thigh, thighs and buttocks. She sustained third-degree burns in the pelvic area that required an eight-day hospital visit, skin grafts, and two years of medical treatment.

Liebeck's personal injury attorney claimed that at around $190 Fahrenheit, McDonald's coffee was defective, arguing that the hot liquid was more likely to cause severe injury than coffee served at other restaurants. McDonald's fought against this argument, taking Liebeck to court. Liebeck eventually received $2.7 million in punitive damages, and the "McDonald's case" became synonymous with food law in the United States.

4. Grimshaw v. Ford Motor Company

You may have heard of the Ford Pinto, but the chances of you ever seeing that car again are slim to none thanks to a personal injury suit. In 1972, Lily Gray was driving a Ford Pinto with her passenger Richard Grimshaw.

The car was from behind and caught fire, as a result of which Grimshaw was seriously injured and Gray was killed. The worst part is that this tragic accident was not the first time Pinto was blamed for an unlawful death.

In crash tests, the Ford Motor Company realized that the gas tanks of the bento almost always rupture in rear-end car accidents. Instead of spending less than $10 per car to fix the problem, Ford did nothing. This resulted in hundreds of innocent people burning to death in relatively low-speed accidents. Individual wrongful death suits were combined with personal injury, and in 1981, a jury awarded $127.8 million in compensation to the victims and their families. Needless to say, Bento was called up permanently soon after.

5. Escola V. Coca-Cola Company

In 1944, waitress Gladys Escola was storing glass bottles of Coca-Cola when one of America's favorite drinks spontaneously exploded in her hand. The explosion was very intense, and Escola suffered a cut five inches deep that severed blood vessels, nerve endings, and the muscles of her thumb and palm. In order to pay her medical bills and pain and suffering, she filed a lawsuit against the Coca-Cola Company, which eventually made its way to court.

The Personal Injury Lawyer of Escola contacted one of the Coca-Cola drivers as a witness, who testified that he saw several bottles of Coke explode and found broken bottles in the warehouse. The jury found that the defect was in the bottle itself and ruled Coca-Cola negligent for not correcting the problem. Escola received compensation for her medical expenses and the case continued to establish the primacy of both the causes of negligence and strict liability for the product.

6. Bret Michaels vs. CBS

We all know that rock stars like to party hard, but it seems that banging your head while leaving the stage is not part of the typical performance. The broadcasting company CBS found this difficult way after Bret Michaels hit his head at the 2009 Tony Awards. The Toxic singer and reality TV personality was injured by a moving static piece while exiting the stage. After that, the host of the award show, Neil Patrick Harris, joked that Bret Michaels had taken the term" headman " to a whole new level. Michaels, who later suffered a broken nose and a cerebral hemorrhage, probably did not find the joke so funny.

As part of the attorney-client relationship, Michaels informed his law firm that CBS had not properly asked him about how to exit the theater. Without full instructions, he was hit by a moving part of their group. Michaels and his lawyer filed a personal injury lawsuit against CBS in which the courts ruled in favor of Michaels for an undisclosed amount.

7. Gloria Estefan vs tractor trailer

Gloria Estefan warned us that" the rhythm will get you, " but she forgot to mention that sometimes, a careless driver can also get you. In 1990, Cuban singer and icon Gloria Estefan was on her tour bus accompanied by family and crew members. Her bus was stopped in traffic when she was in the back by a tractor trailer. Estefan had a broken back, her child had a broken collarbone, and her husband had a head injury.

The accident forced Estefan to cancel her tour and get immediate medical attention. She had two steel rods implanted in her back, and it took her almost a year to recover. Estevan's car accident lawyer filed a lawsuit against the truck driver, the driver's employer and five other companies belonging to the cargo transported on the truck. Estefan's back injury settlement totaled $8.5 million.

8. Tracy Morgan v. Wal-Mart Inc.

Walmart is no stranger to personal injury incidents. In fact, Walmart slip and fall is one of the most common accident-related searches. However, this famous case of negligence involved not a Wal-Mart retailer, but a trucker.

On June 7, 2014, actor and comedian Tracy Morgan was traveling on the New Jersey Turnpike when his car collided with a Walmart delivery truck. Morgan was traveling with his assistant Jeffrey Melia, his assistant's wife Krista Melia, comedian Ardie Fuqua, and comedian James "Jimmy Mack" McNair when the car accident occurred. It turned out that the truck driver fell asleep at the wheel and was speeding. Before the accident, the truck driver was awake and driving for more than 24 hours. This was a violation of the federal law aimed at preventing accidents caused by fatigue.

Morgan suffered a brain injury, broken ribs, and a broken leg, while Millers and Fuqua suffered various non-threatening injuries. McNair was tragically killed as a result of a car accident. His children filed a lawsuit against wrongful death, for which they received $10 million. Morgan, Mills, and Fuqua followed with a personal injury lawsuit against Wal-Mart. The terms of the settlement are confidential, however, it is rumored that the group received a settlement check for 9 90 million.

personal injury cases law


Personal injuries include all the variety of injuries that are inflicted on a person's body, emotions or reputation, as incompatible with the injury of property rights.

Causes

There are three grounds on which personal injury claims can be filed:

  1. The basis of liability under negligence stems from the failure of the individual to act with a level of care that someone of ordinary prudence could have practiced under the same conditions. For example, a hunter carelessly shoots his rifle towards others.
  2. Strict liability holds the defendant responsible for committing an act, regardless of his intention or mental state when the act was committed. For example, if an injury occurs as a result of a defect in a product, the manufacturer is responsible for that injury even though it did not act negligently or intend for its product to cause harm.
  3. Intentional mistakes are caused by a deliberate act of the defendant. Common intentional damages are battery, assault, false imprisonment, trespass to land, trespass to chattels, and intentional infliction of emotional distress.

Causes of Action

Personal injury claims can arise from harm done to the body. For example:

  • Automobile accidents
  • Workplace accidents
  • Assault
  • Product defect accidents 
  • Medical malpractice
  • Nursing home abuse
  • Toxic torts

Personal injury claims can also arise from non-bodily harm. For example:

  • Intentional infliction of emotional distress
  • Defamation
  • False detention, arrest, or imprisonment
  • Malicious prosecution
  • Invasion of privacy

Damages

If the plaintiff is successful in their claim, they will be given money damages for their injuries. Damages are aimed at compensating the injured party for his loss. Personal injury damages may include, but are not limited to, the following:

  • Medical expenses
  • Lost wages 
  • Pain and suffering
  • Mental and emotional distress
  • Household assistance
  • Travel expenses

personal injury law

The Personal Injury Law (also known as the "tort" law) allows the injured person to file a civil lawsuit in court and get a legal remedy ("damages") For all losses caused by an accident or other accident.

The purpose of the damages personal injury regime is to allow the injured person to be financially compensated or "made whole" after suffering damage due to another person's negligent or intentional conduct.

In this article, we'll:

  • cover the basics of personal injury law
  • discuss where personal injury law comes from, and
  • explain how a typical personal injury cases works.

The Basics of Personal Injury

There are a variety of different situations in which personal injury rules apply:

Accidents. Personal injury rules apply in situations where someone is acting in a negligent manner, and that negligence is causing harm to another person. Examples include car accidents, slip and fall incidents, and medical malpractice, Among other types of cases. Learn more about negligence in personal injury cases.

Intentional Acts. Personal injury laws apply in cases where the defendant's intentional behavior causes harm to another person. Examples include assault, battery, and others intentional torts.

Defective Products. When a vehicle component, Consumer Product, medical device, pharmaceutical, or other product is unreasonably defective or dangerous, anyone who is harmed from using the product may be able to file a product liability lawsuit against the manufacturer.

Defamation. Personal injury laws apply when one person’s defamatory statement causes harm to another.

Who Makes Personal Injury Laws?

Many personal injury laws date back to the old" common law rules"."Common law refers to the law promulgated by judges, as opposed to laws promulgated by legislative bodies or passed in bills and laws.

When a judge hears a case and decides on it, her decision on this question of law becomes a binding precedent for all other courts in the state "lower" than the court of the deciding judge. Then these other courts have to apply what the first judge said, and in the end, all this binding precedent creates a set of "common law."

Public law can vary from state to state, so the rules of accident personal injury law may not be uniform throughout the country. A lot of common law has been compiled into something called rephrasing damages, a kind of guide that explains what the rules are, and a lot of states draw guidance from this on Personal Injury Matters.

Common law is not the only source of Personal Injury Law. Legislatures have passed laws (laws) that touch on personal injury issues. For example, when legislatures passed Workers ' Compensation laws, they basically took all cases of work-related injuries outside the scope of personal injury and carried them out workers' compensation as Exclusive treatment of injured workers (in most cases excludes injury-related claims against employers).

Another state law that comes into play in injury cases is the statute of limitations, which sets a limit on the amount of time you have to file

injury-related lawsuit in your state's civil court system. Learn more about time limits to file a personal injury lawsuit.

How Does a Personal Injury Cases Work?

No two accidents are exactly the same, so no two personal injury cases will follow the same path. But there are some standard steps that most personal injury cases take, from the point of view of the big picture.

Defendant Does Something to Injure Plaintiff. This can be almost any bad deed on the part of the defendant, with the exception of contractual violations, which are dealt with under a separate set of laws known as "contract law."

Plaintiff Determines that Defendant Breached a Legal Duty. The specific legal duty will depend on the situation in which the injury occurred. For example, drivers are required to operate their cars with the level of care that a sane person shows while on the road. Doctors have a legal duty to treat the patient according to the application medical standard of care. Manufacturers and distributors have a duty not to place unreasonably defective or dangerous products on the market.

Settlement Talks Occur. If it is clear to all concerned that the defendant has breached a legal duty, the defendant (or the insurance company representing him) may wish to settle outside of court. This involves making an offer of monetary compensation to the injured person, in exchange for the binding promise of the injured person not to file a lawsuit on the injury.

If the plaintiff agrees to the settlement, the case ends. If not , the plaintiff may go to court and file a personal injury lawsuit About this issue. Settlement negotiations can also continue once the lawsuit is filed, and a settlement can be reached at any time before the civil case is handed over to the jury for a conclusion on the defendant's liability.

If you are considering filing a personal injury cases after any type of accident or mishap, your best first step may be to discuss your situation (and options) with a personal injury attorney. Get tips on finding the right lawyer for you

motions in personal injury cases

A pretrial motion is a legal document filed in your civil lawsuit asking the judge to make a certain decision in your case for a specific legal reason. There are two types of preliminary petitions in civil cases: dispositive and non-dispositive petitions. Dispositive suggestions are those that can solve an issue while non-dispositive suggestions solve specific issues or problems in the issue. Common suggestions that may be made in your civil lawsuit include:

  • Motion to dismiss. The request for refusal asks the judge to dismiss your lawsuit against the negligent party and is often based on legal shortcomings. For example, if there is no legal basis for your claim, the opposing party may ask to dismiss your complaint. If the statute of limitations for prosecution has expired, this may be another reason for granting this proposal. Other reasons for which applications for refusal are granted include the complaint that is filed with the court in error or the negligent party did not file the complaint correctly.
     
  • Motion for summary judgment. When the facts are not disputed, the party may file an application for summary judgment on the grounds that he must win the case based on the law. For example, if there is irrefutable evidence of the other party's negligence, your lawyer may file an application for summary judgment asking the judge to find that the party was negligent. Then the only dispute will be about the amount of compensation that you should receive.
     
  • Motion to compel. There will be a long period in your case where lawyers are engaged in Discovery, where the parties send other questions to be answered, and requests for the production of documents. When a party is uncooperative and fails to produce the required documents, your attorney may need to file an application to compel them to do so through an order issued by a judge.
     
  • Motion to exclude experts. In cases of personal injury, experts can help prove or refute the negligence of the at fault party, your injuries and the amount of compensation you may be entitled to. Experts must be qualified based on their education, training and work history. In some cases, your lawyer or the lawyer of the negligent party may file an application for the exclusion of a particular expert, arguing that he is not qualified to issue an opinion in your case.
     
  • Motion in limine. The movement in Limin asks the judge to exclude certain evidence from being used when filing an application or at trial. Often the basis of the proposal is that the evidence is more harmful than worthwhile.
  • Motion for default judgment. If the negligent party fails to provide an answer to the complaint by the deadline set by the court, your lawyer may file an application for a default judgment asking the judge to grant you the compensation you are requesting in the lawsuit.

What Happens After a Pretrial Motion Is Filed?

Once the attorney has filed a pretrial motion, the court clerk will schedule a hearing with the judge. At the hearing, both the lawyer who filed the application and other lawyers in the case will be present. You may or may not need to attend the hearing. Lawyers will give a short oral argument to the judge about why the judge ruled in their favor. The judge will either make a decision at the hearing or will send a written decision later.

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