When it comes to your chances of winning a Georgia personal injury lawsuit, it’s not like the lottery. Outcomes frequently heavily depend not only on the facts of your case but the skill of your Atlanta injury attorney and often the type of case you have.
For example, claims of medical malpractice, product liability/defective products, and nursing home negligence – these are not easy, simple cases to win. They are frequently high-stakes (because injuries are so severe), the proof burden is high (sometimes necessitating one or more expert witnesses) and the defendants have the resources to fight back aggressively.
That’s not to say it’s always easy to prove liability (fault/responsibility to pay) and damages (one’s compensable losses) in cases involving dog bites or car accidents – it’s not. But in terms of the cases more commonly won, the reality is some types of claims is easier than others.
Personal Injury Claims Most Commonly Won
Although some cases more commonly result in a favorable outcome than others, be mindful of the fact that while it may be easy to obtain a fast settlement in a personal injury case, what’s less simple is obtaining one that is both fast and fair. That’s why certain cases sometimes take longer than others, and is also why working with an experienced injury attorney from the start is so critical.
No. 1. Car Accidents.
Motor vehicle accidents are the top cause of injury-related deaths among virtually all age, race, and socioeconomic groups. Roughly 37,000 people in the U.S. die annually in crashes and another 2.35 million more are injured or disabled, costing the U.S. more than $230 billion a year in terms of emergency response, health care, lost wages/productivity and more. Although both liability and damages are frequently-disputed in these claims, the good news for most crash victims is that because insurance is required for virtually every driver/vehicle, there is money payable to those who meet their proof burden. For certain situations, such as rear-end collisions, there is a presumption that a driver in a certain position was negligent. The types of crash cases our Atlanta personal injury lawyers have found to be the most successful in terms of securing injury settlements and verdicts in Georgia include:
- Drunk driving accidents
- Rear-end accidents
- Accidents involving excess speed
- Bicycle/pedestrian accidents
Crash claims that have proven more difficult have included distracted driving crashes, large truck accidents, and chain reaction crashes.
No. 2. Dog Bites.
Ga. Code Ann., § 51-2-6-7 is the Georgia’s dog bite law, and it spells out liability quite clearly. One of the benefits of Georgia’s dog bite law is that it imposes strict liability – but only if plaintiff can first show the dog (or other animal) was previously designated as dangerous or vicious, as indicated by a requirement per city ordinance that the animal be leashed, AND that the animal was at-large AND the plaintiff did not provoke the dog.
No. 3. Slip-and-Fall Lawsuits.
Claims for slip-and-fall accidents are a kind of tort known as premises liability. That is, you are holding the owner/manager of the property responsible for failure to address or warn about a dangerous condition on the property that was not obvious when the property owner had a duty to do so. This is usually filed against the business property owners (grocery stores, nightclubs, restaurants amusement parks, etc.), but it can also be filed against government agencies or property management firms (uneven sidewalks, dangerous parking lots, hazardous entrances), or even private homeowners.
No. 4. Workplace accidents.
Georgia law requires almost all employers to purchase workers’ compensation coverage to extend no-fault coverage for those who are injured/become ill 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 of and scope of employment, you are likely entitled to benefits – even (in most cases) if you were to blame for what happened. There are also some cases wherein you can obtain third-party compensation if others were negligent.
No. 5. Child drowning.
The Georgia Department of Health reports an average of 117 people drown in Georgia each year – it’s the second-leading cause of death for children under age 5, and 42 percent of those hospitalized for near-drownings are in this cohort as well. 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 safety risk to young children, and property owners can be held liable if a tragedy occurs.
Working with a Georgia personal injury lawyer can help ensure your right to fair compensation in these and other claims for damages resulting from someone else’s negligence.
The foregoing answers are not legal advice and are merely a general overview. You are advised to consult a lawyer to address your specific situation regarding your situation. For more information or to inquire about a free consultation, contact Stephen D. Apolinsky, an experienced Atlanta injury attorney, at Apolinsky & Associates at (404) 377-9191 or email him at steve@aa-legal.com.
