Georgia Workers Compensation
"What's my case Worth"
Nursing home injury.
One case was from a child whose parent was in a nursing home.
Through some negligence of the nursing home the parent was put in danger and, but for the grace of God, nearly received a serious or possibly deadly injured.
Can we sue
The parent is fine, but it could have been very serious..."Can we sue them"... I am asked. I want to make sure this does not happen to another nursing home patient at this facility, they say.
Having lost a parent and having seen some of the... "dangerous care"... provided by some Georgia Nursing Homes, I understand their frustration
Another client:
Another potential client called today and said their dad was driving down the road when an unsecured item (a large pipe) fell from the back of an 18 wheeler and struck his father's arm (which was resting on his car's window sill) as he drove down the road.
The arm is banged up and the..." emergency room doctor said he may have some nerve damage but further testing was necessary".
Is that a case I am asked.
The thing I point out to both of them is that in order to have a prosecutable tort action in Georgia, damages are required. It is not enough to have negligence. In other words, in both cases there is a party who has done something wrong or acted negligenly.
However, without actual damages you do not have all you need to be successful at a Georgia Tort Action.
The first case lacked damages.
I told them that the good news was also the bad news. The good news was their parent was not actually hurt, the bad news was that without some actual injuries (damages), I could not prosecute the case for them.
The second case required more objective testing.
Before we could understand the extent of injuries to his father's arm, we are taking a "wait and see" approach. We will wait for further objective testing to determine the extent of his father's injury and then we will see whether it is a "case worth" prosecuting.
Minor injury
If the injuries are minor, it is hard for a lawyer to justify the time and expense he will put into the case to bring it before a jury.
In Georgia tort actions, negligence is not enough, you also need damages (not to mention causation, but I'll save that for another day).
If you or someone you love has been injured in Georgia by the wrongdoing of another, conslut a Georgia Injury lawyer to see if you have a case worth prosecuting.
Most lawyers do not charge for an initial consultation. I probably spend 20% of my time talking with prospective clients about their cases, I'm sure most other Georgia lawyers do the same.
"The Call is Free, The Advice is Priceless"
Toll Free
1-888-544-8364
or
706-235-7486 (Rome)
770-844-9200
(Cumming)
706-275-0500 (Chatsworth/Dalton)
Fax: 770-955-3036
Building 16,
Suite A
Marietta, Georgia 30067