Atlanta Personal Injury Lawyers Blog

Slip and fall rates are particularly high among those over 65 years of age. About one third of those injured in a slip and fall will have permanent limitations in their daily living activities.

So what exactly is a slip and fall injury and what damages arise out of the injury? Slip and fall injuries are a category of premises liability and arise out of legal duties of the property owner owed to the general public. For example, a customer in a store slips in a puddle of water created by a leak in the roof. As a result of the fall, he has several broken bones and permanent injuries to his hand. If he is successful at proving the negligence of the property owner in failing to maintain the premises, he can then proceed to request damages.

There are three basic categories of damages: 1) economic damages; 2) noneconomic damages; and 3) punitive damages. Because punitive damages include the extra burden of proving gross negligence, we will not discuss them here.

Economic damages are the money lost due to the injury. Medical expenses and lost wages are the two most common economic damages claimed. Economic damages can be easy to prove through pay stubs, tax returns or W-2 forms. Medical bills will show the exact monetary loss for healthcare related expenses due to your injuries. However, future medical expenses and lost income will often require expert testimony or at least a report from an economist who can estimate the cost of long term care and the loss of future earnings and then place a present value on that number.

Noneconomic damages are often referred to as pain and suffering. This type of damages has no set monetary value and in Georgia is determined by the conscience of an enlightened judge or jury. Pain and suffering includes, physical and emotional or psychological pain. Often, the injured party's own testimony or that of family and friends will be the evidence relied on to award damages for pain and suffering.

Continue reading "Slip and Fall Injuries in Georgia" »

Last week, a Douglas County jury awarded almost one million dollars to a man who was injured in a car accident in April 2008. The former high school cross-country runner suffered a fractured leg and arm leaving him with a permanent limp and other injuries in a horrific car wreck. A car approaching from the opposite direction on a two lane road crossed the center line and hit him head-on. Although the other driver was not charged with DUI there were allegations that he had been drinking.

The only issue before the jury was the amount of damages because the driver conceded liability. An experienced trial attorney can really make a difference for his client in the presentation of damages. Often the damages are the final phase of a trial and are not always completely addressed. Because Georgia law provides for general and special damages, sometimes referred to as noneconomic and economic damages, it is especially important to be prepared with strong numbers to present to the jury.

General damages are those that arise from the car accident such as pain and suffering or, in this case, the permanent limp. The special damages have to be proven; they usually include medical expenses and lost wage and are proved with medical bills and W-2 tax forms. In this case, the attorney was able to not only prove economic damages of medical expenses and lost wages, but general or compensatory damages for the permanent injuries.