Florida Personal Injury Lawyers

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Personal Injury Fault and Damages


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Learn about Your Case from an Experienced Valdosta Personal Injury Lawyer

All personal injury cases in Georgia involve two key issues. The first is fault: In order to prove that someone else is liable for your injuries, you must be able to prove that he, she or it (in the case of a company) was at fault in the accident. The second is damages: In order to recover just compensation based upon someone else’s fault, you must also be able to prove how much you are entitled to recover under Georgia law. Each of these requires the advice and representation of an experienced Valdosta personal injury lawyer.

10 Examples of Fault in Personal Injury Cases

Fault can take many different forms, and different types of accidents can involve different forms of fault. For example, the grounds for seeking financial compensation after a commercial truck accident will be very different from those involved in a claim for medical malpractice. However, there are some overarching principles, and some types of claims (i.e. claims based on product defects) will be similar across different types of cases.

With this in mind, here are 10 examples of fault-based claims for damages:

  • Driver Negligence – Driver negligence is the most common factor in vehicle collisions. Examples include distracted driving, drunk driving, speeding, tailgating, and failure to yield.
  • Employer Negligence – Employers can be held directly liable for mistakes such as failing to conduct background checks and forcing employees to spend too many hours behind the wheel.
  • Failure to Properly Maintain a Vehicle – Vehicle owners have a legal obligation to maintain their vehicles so that they do not present unreasonable safety hazards on Georgia’s roadways.
  • Failure to Properly Maintain Premises – Property maintenance issues, including failure to make necessary repairs, are common factors in vehicle accident and premises liability cases.
  • Inadequate Security – In addition to maintaining their premises, certain commercial property owners also have a legal obligation to provide adequate security for their patrons and guests.
  • Design and Construction Defects – Building and road design and construction defects can lead to various types of accidents and injuries.
  • Diagnostic and Testing Errors – In medical malpractice cases, diagnostic and testing errors will often support claims for significant financial compensation.
  • Surgical and Treatment Errors – Surgical mistakes and other treatment errors are common “causes of action” in medical malpractice cases as well.
  • Pharmacy Errors – Pharmacy errors such as improperly filling prescriptions and mixing up patients’ prescriptions can have severe, life-altering consequences.
  • Product Defects – While not strictly a form of “fault” (since product defect claims are subject to strict liability, which means proof of negligence is not required), product defects are common factors in all types of accidents.

Common Financial and Non-Financial Losses in Personal Injury Cases

Regardless of the specific form (or forms) of fault at issue, if someone else is to blame for your injuries, you are entitled to just compensation. This is also referred to as the right to “damages.” In a typical personal injury case in Georgia, the types of damages that will be available include:

  • Medical and prescription costs
  • Transportation and other out-of-pocket costs
  • Loss of current and future earnings
  • Pain and suffering, emotional trauma, and scarring and disfigurement
  • Other forms of non-financial loss (i.e. loss of enjoyment of life)

Discuss Your Claim with an Experienced Valdosta Personal Injury Lawyer

If you believe that you may have a claim for damages in Georgia, we encourage you to get in touch. To discuss your case with our Valdosta personal injury lawyer in confidence, please call 800-780-8607 or request a free consultation online today.


Searcy Denney Scarola Barnhart & Shipley, PA Searcy Denney Scarola Barnhart & Shipley Logo The Towle House, 517 N. Calhoun St.
Tallahassee, FL 32301-1231
Toll-free: (888) 549-7011
Phone: (850) 224-7600
En Espanol: (800) 220-7006

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Florida personal injury lawyers with a passion for justice.