Personal Injury Frequently Asked Questions
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How to Prevent Nursing Home Abuse
You might feel as if there is nothing you can do to prevent your loved one from experiencing abuse at a nursing home. After all, you cannot be there 24 hours a day, seven days a week. To alleviate your understandable anxiety, here are eight steps you can take to stop elder abuse or neglect in a long-term care facility before it happens.
1. Be Active and Visible Right Away.
When your loved one arrives at the nursing home, insist that the staff perform a thorough assessment. Keep a copy of the report. Make sure the facility knows that you are actively involved and that you care about what happens to your older relative.
2. Create a Team and Nurture Friendships With the Staff.
Treat the staff with respect. Build relationships with those who are providing care to your relative. Communicate with staff about your loved one’s care, ask questions, and show appreciation for the care they provide your loved one. This is similar to the first step in that your visibility and active participation in your loved one’s care may help prevent nursing home abuse.
3. Pay Close Attention.
Carry a notebook in which you keep notes about your relative’s care and condition. Include essential details like dates, times, and the names of the people involved.
If you don’t already have the legal authority to review your loved one’s medical records, get the right of access and read the nursing notes, doctor’s orders, and other information. Make sure they dispense his medication on schedule, take him to therapy appointments, and follow care guidelines.
If you see anything out of order, like cuts, bruising, bedsores, or infected wounds, document it and speak up to the staff. Let your relative know that you will stand up for him.
4. Attend the Care Plan Meetings.
Show the nursing home staff that you are an active participant in your loved one’s care and that you are paying close attention to the care they receive by showing up to care planning meetings. Think of it as attending parent-teacher conferences to demonstrate active participation in a child’s schooling.
5. Be a Savvy Visitor.
There are several reasons why you should not visit at the same time every time.
- You need to observe how your relative is at different times of the day and on different days of the week.
- By changing up the days and times that you visit, you get to meet the weekday and weekend staff. You also get to see the day, evening, and night shift staff in action.
- There is power in unpredictability. If you always come to the nursing home at the same time, like clockwork, it will be easy for the staff to cover up problems. For example, if you always visit on Saturdays at 10:00 am, a neglectful nursing home staff may only bathe your relative on Saturday mornings before you arrive.
6. Stand Up for Your Loved One.
Advocate for your loved one. When a person is in a vulnerable position, she is less likely to speak up for herself. Your loved one might be afraid that unacceptable treatment will worsen if she complains about it. Put yourself in her position. If you would want someone to go to bat for you in that situation, be the one who helps. Addressing a problem early on can prevent it from escalating to the level of abuse.
7. Be the Squeaky Wheel.
Join a community action group that advocates for the rights of nursing home residents. Urge your relative to join and become active on the long-term care facility’s Resident Council. If the home does not yet have such an organization, start one. Make sure that the residents have a voice.
8. Know the Signs of Nursing Home Abuse.
Look for signs of:
- Physical abuse
- Financial exploitation
- Chemical abuse
- Improper use of restraints
Document your findings with photos and write details in your notebook, then take action.
Getting Legal Help
Despite your best efforts, there is still a chance that your relative could experience abuse at a long-term care facility. If your loved one is in danger right now, call 911. Report nursing home abuse to the authorities.
Sometimes, you can file a lawsuit for nursing home abuse. Call the Law Office of Jason R. Schultz, PC at 404-474-0804, to get your free consultation to find out if your loved one might be eligible for compensation.
How Do You Report Nursing Home Abuse?
When your loved one lives in a nursing home, you worry about abuse. If you see evidence that someone is mistreating your older relative, there is something you can do about it. You can report the abuse to the appropriate authorities. Government agencies can step in to investigate and protect your loved one from several different types of abuse.
If a senior is in danger of imminent harm, call 911. Otherwise, contact local law enforcement and report the abuse to Adult Protective Services.
How to Report Elder Abuse
You should file a Protective Services Report if you have reason to believe that someone you know is a victim of elder abuse at a nursing home. You can file anonymously, or you can provide your contact information so that the investigator can contact you for additional facts.
The Division of Aging Services of the Georgia Department of Human Services (DHS) provides an online form to report suspected elder abuse. You need to complete as much as you can about:
- Your contact information and relationship to the at-risk or abused person (unless you file the report anonymously).
- The date and place the incident happened.
- Whether law enforcement is actively involved in the situation.
- The alleged victim or involved person.
- Alleged perpetrator information.
- Information about other possible connected individuals.
Making a Report by Telephone
If you prefer to speak with someone rather than fill out an online form, you can call:
1-866-55AGING (1-866-552-4464) When prompted, press “3.”
The call is toll-free.
Intake Specialists answer the phone on weekdays (Monday through Friday) from 8:00 am until 5:00 pm. If you call after hours or an Intake Specialist is not available, you can leave a detailed message with your phone number for them to call you back.
If you do not get a phone call from an Intake Specialist within 48 hours, call them back at the number above. Do not assume that the authorities opened an investigation if they did not reach you to follow up on your message.
What the Georgia DHS Considers as Abuse
When someone intentionally harms another person or puts that person at risk of harm, the Georgia Department of Human Services considers that as abuse. Elder abuse can take any of these forms, all of which you should report:
Physical abuse. This abuse can include bodily injury, pain, or discomfort. It can also be abusive to intentionally deprive someone of food, water, medical care, and habitable living conditions, like adequate heating and air conditioning. Extreme neglect can reach the level of abuse.
Financial abuse. Exploiting the assets and resources of another person without her consent and to benefit someone else is financial abuse. The person who pockets the older person’s property, buys items for his own use when shopping for the senior while using the elder’s checkbook or credit cards, or takes her Social Security check, for example, is committing elder financial abuse.
Emotional abuse. Bullying, harassing, and threatening are but a few examples of the ways a person can emotionally abuse an elder. Depending on the specific facts of the individual case, it can be abuse to treat the senior with disrespect or diminish his sense of dignity and self-worth.
Sexual abuse. When a person controls an older adult through unconsented sexual behavior or the threat of such, that is sexual abuse. Perpetrating any kind of sexual behavior toward a senior without consent qualifies as abuse.
Filing a Lawsuit for Elder Abuse
You might be able to file a lawsuit against the nursing home and the abuser. Nursing homes have a duty to keep residents safe from harm, and you can hold the abuser accountable for hurting your relative.
The Law Office of Jason R. Schultz, PC will talk with you at no charge to find out what happened to your loved one. We can investigate the situation and let you know if you might have a civil case. Call us today at 404-474-0804, to line up your free, no-obligation consultation.
What is Nursing Home Neglect?
Although many nursing homes provide quality care for seniors, there have been numerous scandals involving the neglect and abuse of residents. Every year, nursing homes across America face consequences because of significant lapses in care. If you have a loved one in a nursing home, you need to be aware of what constitutes nursing home neglect.
The Centers for Medicare & Medicaid Services created a “Bill of Rights” for nursing home residents. This publication defines neglect as a failure to meet the needs of nursing home residents. Abuse is deliberate mistreatment, but neglect can be intentional or inadvertent. Sometimes, there is an overlap between elder abuse and neglect. However, the labels are less important than ensuring the protection of your loved one.
What Can Constitute Neglect in a Nursing Home
Practically speaking, there is almost no limit to the ways in which a person can suffer neglect in a nursing home. The Nursing Home Toolkit provides information on how to recognize neglect. Here are some of the more common forms of neglect a resident can experience:
Medications. Neglect occurs when care professionals fail to administer medications on time. The untimely delivery of drugs may compromise a person’s health. It can also cause unnecessary physical pain if the medication is for pain relief.
Personal hygiene. A person in a nursing home should receive the necessary assistance to maintain daily personal hygiene. Care professionals who fail to assist with the following could be termed neglectful:
- Nail care
- Brushing or combing hair
- Brushing teeth or dentures
- Application of personal hygiene products such as deodorant and moisturizer
Clean clothes and bedding. Neglect occurs when care professionals let residents lie in filthy bedding or wear dirty clothes.
Nutrition. Nursing home residents should receive food of sufficient quantity to meet their nutritional needs and maintain their body weight. Neglect occurs when nursing homes serve low-quality food and inadequate portions.
It also occurs when care professionals fail to assist residents who need help with feeding. If your loved one is losing weight and there is no reasonable explanation for it, take a closer look at what happens during mealtimes.
Hydration. Unfortunately, many nursing home residents are dehydrated. Older people are particularly susceptible to bladder and kidney infections; a lack of hydration can put them at higher risk for these medical conditions. If your loved one shows signs of dehydration, talk with the nursing home staff and set up a schedule to document her liquid intake.
Social interaction. A resident who has mobility issues should not be left alone for hours just because staff members are busy. Care professionals must not neglect engaging residents. Social interaction is the key to preventing cognitive decline among the elderly.
Physical activity. Lying in bed all day can cause a resident to develop medical issues. Neglect occurs when care professionals fail to tend properly to residents. Bedridden residents who are not turned regularly may develop bedsores.
Skin care. If you check your loved one’s skin, you can determine a great deal about the quality of care at the nursing home. Healthy, well-hydrated skin is evidence of proper nutrition, hydration, and cleanliness.
The nursing home should provide appropriate care for problems like skin redness. If the resident develops bedsores (pressure ulcers), the facility should implement a plan to prevent future bedsores and provide medical care for the existing sores. Any wounds must be tended to immediately. Residents with diabetes are especially vulnerable. They may have to undergo amputation surgeries for wounds that do not heal properly.
Talk with the facility and contact the authorities if you suspect neglect or abuse of a loved one in a nursing home. Depending on the facts of your case, you might be able to take legal action by filing a personal injury lawsuit. Call us at 404-474-0804 today to set up a free, no-obligation review of your case.
How Do Slip and Fall Cases Work?
When we handle slip and fall cases, we look at where the person fell and the circumstances that led to the accident. We have to evaluate the facts and determine who is responsible for the injury.
A slip and fall accident does not automatically result in financial compensation. To make someone pay you money for your losses, they must have failed to meet their legal duty of care toward you. The defendant’s negligence must have caused or contributed to your fall and injuries.
Step One: Where You Fell
We need to investigate the location where the accident happened to find out who owns the property. For example, if you slipped and fell at a private residence, the homeowner may be liable. If you slipped and fell at a grocery store, the grocery store may be liable. Much depends on the location of your fall.
Step Two: Why You Were on the Property
Visitors to a property generally fall into one of three classes: licensee, invitee, or trespasser.
A property owner has very little responsibility toward a trespasser, but if you were on the property for a lawful reason, the owner has a higher burden. For trespassers, the landowner is not allowed to sabotage the property or intentionally cause harm. The property owner and manager owe lawful visitors a duty of care.
Step Three: Whether the Landowner was Negligent
Under Georgia law, there are several elements of property owner liability, and we have to prove each:
- There was a dangerous condition on the property, and
- The owner knew or should have known about the hazard, and
- The owner did not correct or provide sufficient warnings about the situation, and
- The hazard caused your accident, injuries, and damages.
Step Four: What Caused Your Accident and Injuries
If your slip and fall accident met the elements that establish landowner negligence, and that negligence caused your injuries, we can pursue a personal injury claim against the owner. If there was a hazard on the property, but something else caused your fall, the owner is not liable.
Let’s say that you were walking to your table in a restaurant. Another patron told the server that there was a small spill of oil on the floor. The server ignored the warning and did not clean up the spill. If you slid on the oil and fell, sustaining an injury, the restaurant may be liable. The restaurant knew about a hazard and did not wipe up the oil. You fell and got hurt because of the negligence.
Step Five: Whether You Were Also Negligent
People walk around in a state of distraction today. People are texting and performing other functions on their cell phones without looking where they are going. If you were partly negligent, Georgia’s rule on comparative fault will reduce the amount of money you get in proportion to the percentage of your negligence, but you can still collect damages from the responsible party.
Call the Law Office of Jason R. Schultz, PC today at 404-474-0804 today, to get your free consultation about your premises liability case.
What Is the Settlement for an Elevator Accident?
Many variables can affect how much you will get in settlement for an elevator accident, and no two cases are identical, so we cannot tell you how much compensation you might receive for you elevator accident without getting more information from you. There are, however, several factors that can impact the amount of the settlement.
Call the Law Office of Jason R. Schultz, PC today at 404-474-0804, to get your free consultation for your elevator accident.
The Severity of Your Injury
The worse your injury, the more compensation you may recover:
- More severe injuries tend to come with higher medical bills.
- You usually miss more work while recuperating from a severe injury than from a minor one, so you may have higher lost wages.
- People often suffer more pain and emotional distress from significant injuries than from smaller ones.
- Severe injuries are more likely to have long-term impacts on one’s life.
By way of example, the elevator at a shopping mall did not line up perfectly with the second floor of the building, and you tripped as you exited the elevator. You threw out your hands to break your fall and sprained your wrist. Your damages may be far less in this scenario than if you fell and sustained a severe concussion.
Long-Term Effects of Your Injury
Recuperating from an elevator accident can have several different outcomes, including:
- A quick healing period with full recovery of all functions.
- Life-changing catastrophic impairment after a long road of medical procedures and rehabilitation.
- Anything in-between these two options.
Accident victims at the more dire end of these possibilities may recover higher compensation in a settlement of their personal injury claims.
Your Non-Economic Damages
When you sustain physical injuries, you can also suffer non-economic damages like:
- Physical pain
- Mental distress
- Loss of enjoyment of life; depression
- Loss of consortium (a potential claim for your spouse)
How Comparative Negligence Will Affect Your Settlement Amount
Let’s say that you held the door for someone else to catch the elevator – using your arm instead of the “Open Door” button. The door closed on your arm, fracturing two bones. The building owner may argue that you caused your injury. If the jury agrees and assigns 25 percent of the responsibility for the injury to you, the law will still allow you to collect some compensation.
Georgia follows the rule of comparative negligence, which means that the law will reduce your damages in proportion to your part of the total fault. If your damages were $40,000 and you were 10 percent at fault, your compensation will be $36,000 after the 10 percent reduction for comparative fault.
It Matters Whether You Were on the Job When Injured
If your elevator accident happened when you were at work, it is likely that you will have to pursue workers’ compensation benefits instead of a personal injury claim. In that situation, the Georgia laws on workers’ compensation will govern how much money you will get. For other elevator accidents, Georgia personal injury law will apply.
Call the Law Office of Jason R. Schultz, PC today at 404-474-0804, to get your free consultation for your elevator accident.
Can a Motorcycle Accident Cause PTSD?
Can a motorcycle accident cause PTSD (post-traumatic stress disorder)? Yes, you can develop this psychiatric disorder after experiencing a traumatic event, such as a motorcycle accident. People involved in motorcycle crashes can suffer physical injuries, such as road rash or burns, pain, anxiety, PTSD, and other emotional and psychological distress.
Call the Law Office of Jason R. Schultz, PC at 404-474-0804 to schedule a free consultation.
What is PTSD (Post-Traumatic Stress Disorder)
People often misuse the term PTSD as a catch-all for any emotional distress that follows a traumatic event. Generally, a PTSD diagnosis after a motorcycle accident may require meeting these criteria:
- Exposure to death, threat of death, serious injury, or threat of severe injury. The exposure can be direct or indirect.
- Persistently re-experiencing the traumatic event as a reaction to things that trigger memories of the event. Nightmares and flashbacks are common qualifying re-experiences.
- Avoidance of things that one fears could trigger a reaction to the traumatic event.
- New or worse feelings of negative emotions or social withdrawal.
- Sleep, mood or behavior changes.
- Symptoms last longer than a month and affect your ability to work or socialize. The signs must have no other known cause.
Can a Motorcycle Accident Cause PTSD?
The human psyche is capable of sustaining damage from traumatic events. About one out of four people who suffered injuries in crashes developed PTSD in the months after a motor vehicle accident, one study found.
How PTSD Can Impact Your Life
PTSD may contribute to a range life changes, including:
- Job loss
- Financial crisis
- Substance abuse
- Inability to maintain relationships and employment
Getting Compensation for PTSD
If you suffered injuries and PTSD in a motorcycle accident, you may qualify to get compensation for damages. Typical accident damages include:
- Medical expenses
- Lost wages
- Pain and suffering
- Disability or decreased earning potential
- Ongoing costs related to physical injuries
The mental anguish and emotional distress of your condition can also be part of your settlement. Another category of damages is the loss of enjoyment of life, for people who can no longer do things – like ride a motorcycle – that used to bring them joy.
People at the Highest Risk for PTSD
According to a 2009 study, the groups most at risk of PTSD after a motor vehicle accident were:
- People with a history of depression
- People who experienced a previous violent injury
- Those in a crash in which someone died
Call Today to Schedule a Free Consultation
Yes, a motorcycle accident can cause PTSD. Contact the Law Office of Jason R. Schultz, PC and we will evaluate the circumstances of your motorcycle accident. We will also review your claim with you and help you pursue a claim for PTSD and other damages. Call us today at 404-474-0804 for a free consultation.
Who Is Liable for an Elderly Person's Slip and Fall?
When an older person breaks a hip or suffers other injuries from slipping and falling in a nursing home or elsewhere, people want to know who is going to pay for it.
Falls can lead to complications like pneumonia that can be fatal to an elderly person. Broken bones can rob the senior of the ability to walk independently. If another party is liable for the fall, the elderly person may pursue a personal injury case to recover compensation for damages.
Parties That May Be Liable for an Elderly Peron’s Fall
The property owner’s duty to people on the property depends on whether the visiting person was an invitee, a licensee, or a trespasser. Further, whether the elderly person was a resident of a facility where the slip and fall occurred also affects liability.
Some of the parties that may be liable for an elderly person’s slip and fall include:
- Nursing home
- Residential care facility
- Assisted living facility
- Commercial establishment (restaurant, store)
- Office building
- Doctor’s office
- Personal residence
To hold the defendant liable for the accident, the premises liability or nursing home negligence case must establish four things.
An Elderly Slip and Fall Case Must Prove These 4 Things
A defendant may be liable for a slip and fall if the injured party can prove these four elements of liability:
- There was a dangerous condition on the property.
- The defendant knew or should have known about the hazardous condition.
- The defendant failed to post adequate warning signs or take reasonable steps to prevent a slip and fall.
- As a result, the plaintiff suffered a physical injury and damages.
Additional Variables That Can Affect Legal Responsibility
Other variables can affect who is liable when an elderly person slips and falls. These can include:
Location of the Fall
Where the slip and fall accident happens is a significant factor in determining who is liable for damages. For example:
- On a public bus, we can look into filing against the government entity that operates the bus system, like MARTA.
- On a tour bus, the company that owns and operates the bus.
- On residential or commercial property, the property owner.
Cause of the Fall
For a defendant to be liable for the injuries of an elderly person who slips and falls, the owner’s negligence must have caused the fall. Thus, the elderly person’s case must establish negligence and liability.
We can build your case to establish negligence by presenting evidence that may include:
- Photographs of the accident scene
- Video surveillance depicting the fall
- Statements from eyewitnesses
- Expert witness testimony
Call the Law Office of Jason R. Schultz, PC today so that we can evaluate the case and help you fight for compensation to cover the elderly person’s damages. Contact us at 404-474-0804 for your free case evaluation.
How Long Will My Car Accident Case Take?
The short answer is that how long your car accident case takes depends on the circumstances of the claim. No matter how eager you are to settle your car accident claim, there are contributing factors that may impact the time it takes for the case to conclude.
Call the Law Office of Jason R. Schultz, PC at 404-474-0804 to discuss your claim.
How Long Your Medical Treatment Takes
You should never settle your injury claim before you recuperate as much as possible. You should be fully aware of your healthcare needs and how your injuries will affect your life.
Rather than quickly accepting a settlement check from the insurance company, first consult with your car accident lawyer. Confirm that the compensation is fair and addresses all of your health requirements including long-term care, short-term care, and physical therapy.
Once you agree to settle your case, you cannot reopen it later. The Law Office of Jason R. Schultz, PC is available to answer your questions. Call us today at 404-474-0804 to discuss your claim.
Your Car Accident Lawyer May Hire Expert Witnesses
Your car accident lawyer might decide that it is appropriate to hire an expert witness to testify about something in the case. Expert witnesses in car crash cases may testify about:
- The cause of the accident (accident reconstruction expert)
- The extent of your injuries (medical expert)
- The impact of your injuries on the quality of your life and your ability to support yourself through gainful employment (vocational and medical experts)
Pre-Trial Discovery – Interrogatories, Document Exchange, and Depositions
After your lawyer files a lawsuit, both sides will engage in pre-trial discovery. When your lawyer sends interrogatories (written questions the other side must answer under oath), the other party may have weeks to provide the written responses. You may also have to attend a deposition and testify under oath.
If you ask for documents from the other side, it can take a month or more before you get the papers you requested. It can take several months to obtain records from third parties.
Trial or Settlement
If your case goes to trial, it can increase the length of your case. But your case can settle at almost any time. You can resolve a claim before you even file a lawsuit. Some cases settle during the discovery stage. If you go to trial, you can still reach an amicable resolution with the other side before the trial concludes.
Call the Law Office of Jason R. Schultz, PC at 404-474-0804 to set up a free consultation about your case.
What Is the Average Settlement for a Motorcycle Accident?
The facts of every motorcycle accident are different, so do not get hung up on the average settlement for a motorcycle accident. The value of your case is based on the circumstances of your accident and injuries. The amount you are likely to recover in your motorcycle injury claim will depend on the damages you suffered.
To discuss the details around your claim, call the Law Office of Jason R. Schultz, PC at 404-474-0804, for a free consultation.
Measuring the Physical Harm to Determine Compensation
The value of your motorcycle accident case depends largely on the physical harm you suffered and your medical treatment. Here are some examples of types of medical damages that may be recoverable after a motorcycle accident:
- Emergency room
- Prescription drugs
- Physical therapy
- Diagnostic imaging (X-rays, CAT scans)
We Will Help You Recover the Financial Losses You Suffered
If you missed work because of your injuries, we can add the lost wages to your settlement demand.
We can also pursue a claim for decreased earning potential if you cannot earn as much money after the motorcycle wreck due to your injuries.
If you need long-term care or will need ongoing medical treatments because of the crash, we can seek compensation for those costs as part of your settlement.
We can help you better understand your options. Call the Law Office of Jason R. Schultz, PC at 404-474-0804 for a free consultation.
The Emotional and Psychological Damages You Endured
Your motorcycle accident case may include compensation for emotional and psychological impacts, such as:
- Pain and suffering for the physical discomfort and emotional anguish you endured.
- Disfigurement from amputations or significant and permanent scarring.
- Depression and other mental health issues.
- Loss of enjoyment of life if your injuries prohibit you from doing things you used to enjoy, such as walking, riding your motorcycle, or leading an active lifestyle.
We Will Speak to the Insurance Company for You
Insurance companies usually call people who have been in crashes and ask them to give a recorded statement. When the insurance company contacts you about giving a recorded statement, tell them to speak to your motorcycle accident lawyer.
The purpose of this phone call is to retrieve information they could use against you so they can lower the amount they pay you for your motorcycle accident. Before you give a statement, discuss it with your attorney.
How Partial Fault Will Affect the Amount of Your Motorcycle Accident Settlement
Georgia follows the law of comparative negligence, which lets you get some money for your losses even if you were partially at fault for the accident. Some people mistakenly think that if they were negligent in any way, they cannot recover compensation for their injuries. This assumption is incorrect.
The law will reduce your settlement by your percentage of fault. For example, if you made a mistake that was 10 percent of the reason for the crash, comparative negligence means that you will still get 90 percent of your losses.
Since Georgia is a modified comparative fault state, you will get nothing for your damages if you were 50 percent or more at fault.
The Law Office of Jason R. Schultz, PC will investigate the circumstances of your case to discuss the value of your motorcycle accident case. Call us at 404-474-0804 for a free consultation.
How to Get Help with Your Motorcycle Accident Case
Talk with a personal injury lawyer right after your motorcycle accident. We will investigate the crash and file a claim to hold the negligent parties responsible. We handle the adjustor and insurance company for you.
We will collect the police report, medical records, and other evidence to establish liability and show the amount of harm you suffered. We will calculate a fair amount for your settlement and work hard to get you all the compensation you deserve.
Call the Law Office of Jason R. Schultz, PC today at 404-474-0804 to schedule your free consultation. There is no obligation, and we will not get paid until you get compensation.
I Was in a Motorcycle Accident. Can I Sue?
If someone else was negligent and caused your motorcycle accident injuries, you can sue for your damages. Your case must establish the defendant’s liability for your damages.
To establish liability, you must prove four things:
- Duty of care
Step One: Defendant Owed You a Duty of Care
Every driver owes a duty of care to other road users, including motorcyclists. So, if another driver caused your accident, that driver owed you a duty of care.
Keep in mind that not all defendants in motorcycle accident cases are other drivers. If the driver who caused your accident was working at the time of the wreck, the driver’s employer may be vicariously liable for its employee’s actions. In that case, the employer may be liable for your injuries.
Step Two: The Defendant Was Negligent
Drivers who drive recklessly or negligently breach their duty of care. That is, they are acting negligently. Some common types of negligence include:
- Failing to check for motorcyclists before changing lanes
- Running a red light or stop sign
- Distracted driving
- Drunk driving
Step Three: Defendant’s Negligence Caused the Motorcycle Accident
Simply proving the defendant was negligent is not enough to prove liability; you must also show that the defendant’s negligence caused your motorcycle accident and injuries. We may rely on accident reconstruction specialists, medical experts, accident reports, and other evidence to establish causation.
Step Four: You Suffered Damages
We must show that you sustained damages. Once we establish that you suffered physical injury, we can seek additional damages for noneconomic losses, like pain and suffering. We can also pursue compensation for your economic losses, including:
- The cost of medical care. Examples include the ambulance, emergency room, doctors, hospital, surgery, physical therapy, and prescription drugs.
- Lost income to reimburse you for wages, salary, and other income you lost while recuperating from your injuries.
- Long-term care and assistance if your injuries render you unable to perform daily functions without assistance, or you need ongoing medical care.
- Decreased earning potential to compensate you if you are unable to earn as much money after the wreck because of your injuries, or disability if you cannot maintain gainful employment.
Every motorcycle accident settlement is different and depends on the specific physical, emotional, and financial damages you suffered because of your accident.
Who We Can Sue for a Motorcycle Accident
People often make the mistake of thinking that they can only sue the other driver in an accident. If they do so, they might miss out on valuable compensation from another party who might have legal liability for the harm they suffered.
Some other parties we might be able to sue for a motorcycle accident may include:
- The manufacturer of brakes, tires, or other vehicle parts in either vehicle, if defects contributed to the crash.
- A passenger inside the vehicle, if that person’s negligence caused the wreck.
- The government agency responsible for building and maintaining the roadways, if unsafe design or conditions caused your wreck.
- Any other person, company, or entity whose negligence was at least partly to blame for your motorcycle accident.
Call the Law Office of Jason R. Schultz for help identifying the liable party. We offer free case consultations.
Do Not Sit on Your Rights After a Motorcycle Accident
If you wait too long after the accident, the law will not allow you to file suit, and you will lose your right to compensation for your injuries. Georgia law imposes deadlines for lawsuits, and if you miss the deadline, no one can help you.
Do not delay. Call the Law Office of Jason R. Schultz, PC today, and we will set up your free consultation to discuss your motorcycle accident and help you take legal action. You can reach us at 404-474-0804.