Personal Injury

Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property. The term is most commonly used to refer to a type of tort lawsuit alleging that the plaintiff's injury has been caused by the negligence of another.

     The most common types of personal injury claims are road traffic accidents, accidents at work, tripping accidents, assault claims, accidents in the home, defective product accidents and holiday accidents. The term personal injury also incorporates medical and dental accidents (which lead to numerous medical and dental negligence claims every year) and conditions that are often classified as industrial disease cases, including asbestosis and mesothelioma, chest diseases (e.g., emphysema, pneumoconiosis, silicosis, chronic bronchitis, asthma, chronic obstructive pulmonary disease, and chronic obstructive airways disease), vibration white finger, occupational deafness, occupational stress, contact dermititis, and repetitive strain injury cases.

      If the negligence of another party can be proved, the injured party may be entitled to monetary compensation from that party. In the United States, this system is complex and controversial, with critics calling for various forms of tort reform. Attorneys often represent clients on a "contigency basis," in which the attorney's fee is a percentage of the plaintiff's eventual compensation, payable when the case is resolved.

      No Win No Fee is the term used to describe the Conditional Fee Agreement (CFA) between a law firm and their client. In a Personal Injury claim, this is an agreement between the client and their lawyer, which will enable the lawyer to take on a personal injury case on the understanding that if they lose the case, the client will not have to pay their lawyer’s costs.

     However if the lawyer wins the case they will be entitled to their standard fee plus an uplift referred to as a success fee. In English law, the success fee cannot be greater than 100% of the lawyer’s standard fee.

Workers Compensation Information

Entitlement
Course of Employment
Coverage
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Am I entitled to worker's compensation?

If you were injured in our out of the course of your employment, then yes you are entitled to benefits. Under Georgia state law, any business that employs three or more people is required to provide worker's compensation packages to its employees. If you get hurt while at work, or while you are working, your employer is bound by law to compensate you for your injury. This means they are supposed to pay for any doctor visit and medication resulting from your injury. If you feel like you've been cheated out of receiving proper care from your employer please contact us to learn more about your rights.

What does 'the course of employment' mean?

In and out of the course of employment is a legal consideration of all circumstances which may occur in the performance of a person's job, especially during a period of time where specific objectives are given by the employer to the employee.

Key examples of this consideration under US law can include tort liability or ownership of intellectual property. If an employee is driving a motor vehicle during working hours and harms the person or property of another, a court would consider course of employment to determine if the employer had vicarious liability for the harm. Extreme examples would likely find the employer is liable for a truck driver on his assigned route but not for a secretary picking up her child from day care.

Why do I need to contact a lawyer about my injury if all injuries on the job are covered by Georgia State Law?

More often than not the employer is there to help and will do the right thing by its employees if they are hurt on the job. Unfortunately, some employers don't properly take care of their employees when they are injured.

These are just a few reasons to contact us about your case:

Your employer and its insurance company may challenge your claim by asserting that you got hurt elsewhere and not on the job
Your employer and its insurance company may fight your claim that you are exaggerating or faking your injuries
Your employer and its insurance company may insist that you have recovered, when, in fact, you have not
Your employer and its insurance company may deny your claim by saying that you lied about a pre-existing condition on your job application
Your employer may fire you from your job after an injury and simply ignore your claim
Your employer and its insurer may try to get you to accept a settlement of your case when all of your medical problems have not yet been addressed