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Two-wheeled vehicle accidents in Georgia, most of which involve motorcycles, aren't the same as ordinary car accidents when it comes to making claims. The personal injury aspects of these cases are usually devastating to the rider, and a motorcycle accident lawyer is an important ally for anyone injured in such an accident. How Two-Wheeled Accidents Differ From Regular Car Accident Personal Injury Claims Extreme Injuries A passenger car surrounds its occupants with a steel frame that has crumple zones, and it comes with seat belts and airbags that absorb and redirect the force of a crash. A motorcycle, trike, or similar two-wheeled vehicle has none of those barriers, so even a collision that would produce only bruising or whiplash inside a car routinely produces much more serious injuries in riders. The resulting medical bills, the long rehabilitation period (during which it's often impossible to work), and the lost earning capacity from long-term physical disability are typically larger, and the damages claimed for pain, suffering, and future care are correspondingly higher than with regular car accidents. Differences in Insurance Georgia treats motorcycles as motor vehicles for purposes of liability insurance, and the statutory minimums are identical to those required for cars. Motorcycle policies, however, frequently don't include medical payments or personal injury protection endorsements that some automobile policies carry, so it's common for an injured rider to be more dependent on their own health insurance or on the at-fault driver's liability insurance. Those liability limits are often exhausted quickly because the injuries and bills are so much more costly. Differences in Fault Technically speaking, fault is assigned in these accidents under the same modified comparative-negligence statute that governs every motor-vehicle collision in the state. If you're 50% or more at fault, you can't claim anything. If you're less than 50% at fault, your final award is reduced by the same percentage as your degree of fault. In practice, however, this rule often ends up being more harshly applied to two-wheeled vehicle riders because insurance adjusters and jurors often have an assumption that motorcyclists are reckless and must have been speeding, weaving, or otherwise riding dangerously. Overcoming this requires more extensive evidence and the help of an experienced lawyer. Insurer Resistance Because claims are often so high in these accidents and because of the bias against motorcyclists, it's common for insurers to fight back hard in these cases. The insurance company will be very aware of the time limits involved and will likely seek to push them to the limit in the hopes that you will miss the filing deadline. You have two years after an accident to bring a lawsuit, and if you miss this window, you can't then bring a lawsuit, no matter how strong the evidence or serious your injuries. Talk to a Motorcycle Accident Lawyer If you've been injured in an accident, don't try to take on the insurance company on your own. Call Davis, Chapman, & Wilder in Augusta, GA at 706-200-1578 today to request a consultation.

do the same for this blog: After an accident leaves you hurt, figuring out what money you can recover can be a pressing issue as those medical bills pile up and you're forced to take time away from work. Talk with a personal injury attorney in Georgia. We can review those details, build the claim for you, and work to get you everything you're entitled to under the law. One of the key jobs of your lawyer is to help you determine how much compensation you need to be asking for. How a Personal Injury Attorney in Georgia Determines Your Compensation Demand Actual Costs The first step is calculating all costs you have already paid and the ones you know are still coming. Medical bills form a large part of this, and you should get your bills and every record from the emergency visit, hospital stay, follow-up appointments, physical therapy, prescriptions, and any projected future care your doctors expect. The next costs your lawyer will look at will be what you've lost in wages or salary as you've been recovering. You'll need to be able to document the pay you missed, of course, and bear in mind that your compensation here should include overtime, bonuses, or benefits you've missed out on. If you now have a reduced ability to earn the same income going forward, you can claim for this, too. The final “actual cost” is usually property damage, often to a vehicle or a mobile phone or computer damaged in an accident. These are all economic losses that can be proven with paper and numbers. Pain and Suffering Non-economic losses, often called “pain-and-suffering damages,” cover the pain, physical discomfort, and emotional strain you've experienced, and these do not come with a receipt. Georgia leaves the value of these to the “enlightened conscience of impartial jurors” when a case reaches trial. In settlement talks, the parties often start with a multiplier applied to the total of your actual costs or a daily rate applied to the entire period of suffering, based on how severe and lasting the injuries are. These can be tricky to calculate, so having a lawyer is extremely helpful here. Comparative Negligence If you share some responsibility for the accident, Georgia law mandates that your claim be reduced by your percentage of fault. You can't recover anything if your share of the blame is 50% or more. Your lawyer will make sure you're not saddled with blame you don't deserve, work to prove the liability of the responsible party, and minimize the effect of your actual liability as much as possible under the law. If you have been injured in an accident and need to understand what compensation is available or how to properly calculate what you're owed, contact us at the law office of Davis, Chapman, & Wilder in Augusta, GA to request a consultation. Our goal is to provide consistent and exemplary representation to each client because we understand that you're coming to us in a time of great personal distress. Call now at 706-200-1578 for help.

If you bring a claim for personal injury after an auto accident, one of the key things you'll need to do is to prove that your injuries were a direct result of the accident. A personal injury attorney in Augusta, GA can help you find all the evidence you need and put it together to show what truly happened. How Do I Prove My Injuries Result Directly From an Accident? Get Medical Help Quickly The biggest danger to your claim will be a delay between the accident and you getting medical help. There are various reasons that victims choose not to get medical treatment right away. Adrenaline races through the body in an accident, and adrenaline is very good at masking pain. Sometimes, victims are afraid of the medical bills and hope to be able to "tough out" whatever injuries they have. But even if you think you feel pretty good, it's essential to get evaluated as quickly as possible. The longer the delay is between the accident and the time you first get treatment, the easier you make it for the other side to claim that your injuries are unrelated to the accident or not as bad as you claim. Get Your Medical Records When you do get medical help, it's vital to explain to the doctor that you've been in an accident. If the doctors know this, they're going to do a particular kind of examination to look for the typical injuries that result from these accidents, and they'll order specific tests to make sure there aren't hidden injuries, such as internal bleeding. All the records that result from this will be important for showing the link between your injuries and the accident. These records and your doctor's notes may also verify that the personal injury you're suffering is typical of a car accident, and that will be very helpful, too. Evidence From the Scene If you took photos at the scene, hopefully you thought to take pictures of your injuries. The more pictures you have, the better, as these can be matched with your medical records to show that your injuries were directly a result of the accident. Witness testimony is also very important here. Hopefully, you got the contact information of all witnesses from the accident scene, and bear in mind that, even if someone didn't see the accident itself, if they came up on the accident afterward and saw your injuries, that can also be helpful testimony. Get the Police Report The police report should include details of what the officer saw when they arrived on the scene, and this will often have helpful information that can be used to verify that your injuries were caused by the accident. Work Closely With Your Augusta, GA Personal Injury Attorney Finally, it's important to work closely with your lawyer right from the beginning. Your lawyer will do an investigation of the accident if necessary to help verify all the details, and your lawyer will know how to use the evidence to show clearly what happened. For help with your personal injury claim after an accident, reach out to us at Davis, Chapman, & Wilder in Augusta, GA to request a consult.

Distracted driving is against the law in Georgia, which has had a hands-free law in place since 2018. This law makes it illegal to use a cell phone in any way in your hand or supported by your body while you're behind the wheel of a car: even if stopped at a light. If someone was distracted by their phone and caused an accident, talk to a personal injury lawyer in Augusta, GA about your rights and how to prosecute them under Georgia law. To get compensation from someone, you have to show that they are liable for what happened to you. Liability is determined by showing negligence. Negligence happens when someone has a duty of care towards you and fails in that duty. Drivers in Georgia are forbidden to drive distracted, and while this particularly applies to cell phone use, it can also apply to other things, like putting on makeup or eating while driving. Any driver who breaks a road rule, including driving distracted, has breached the duty of care that they owe to all other road users and has acted negligently. However there is nuance to this. For one thing, George has a comparative fault rule that acknowledges that more than one person can be negligent in a given situation and fault should be shared. You can only collect from the other driver if you were less than 50% at fault for the accident. So, for example, if you turn out into a road and fail to yield as required, you are still going to be held responsible, even if the driver coming down the road who hit you was distracted by their phone. Proving Negligence With a Personal Injury Lawyer The best thing to do in this situation is to talk to a lawyer as soon as possible. Your lawyer can help you build a case to show the negligence of the other driver and to make sure that you are not given any more fault than you actually deserve. The amount of fault that you are assigned will make a huge difference to your case, since your compensation will be reduced by the same percentage as your fault: and if you are 50% or more at fault, you can collect nothing at all. Insurance companies are very aware of the effect of fault and will do everything they can to blame you for as much as they can. Even a few percentage points of fault that can be transferred to you could mean hundreds or even thousands of dollars that they don't have to pay. A lawyer knows about these tactics and how to negotiate hard against them. Your lawyer will go to bat for you and find and use the evidence needed to prove the negligence of the distracted driver. For help with your distracted driving injury case, contact Davis, Chapman, & Wilder in Augusta, GA today for a consultation.

If you've been injured by someone else's negligence in an accident, you have the right to recover losses and damages, including your lost wages if you've been prevented from going to work as normal. An Augusta, GA personal injury lawyer can help you figure what wages you've lost accurately and make sure you get everything you are owed from the liable party. To get compensation, you will need to properly calculate your lost wages and be able to show that your time away from work was caused directly by the injuries you sustained in the accident. Calculating Your Wages It takes experience and evidence to properly calculate what it last wages you were owed. If you're only away from work for a day or two, the calculation can often be done simply by figuring how many hours you missed, but if it goes on much longer than that, you can have difficulties figuring out the precise amount. You'll need to be able to show how many hours you typically worked in a week and that those hours were available to you during the time you were injured. Your lost wages include more than just the wages themselves, however. Your loss wages also include loss commission commissions, bonuses, and even lost opportunity for overtime and promotions. To claim for these, you will need to be able to provide concrete proof of what kind of things were available to you and how the accident affected your ability to access them. For example, if you're claiming that you missed five hours of overtime each week that you were injured, you will need to be able to show that you typically took at least five hours of overtime on most weeks and that your employer would have offered you overtime had you been at work. Proving the Link The next important thing that has to be done is to prove definitively that the reason you were not at work and missed out on your wages and benefits was because of your injuries, and that these injuries were directly caused by the accident you suffered. You'll also need to prove that the accident would not have happened but for the negligence of the other party in order to hold the other party responsible for your losses.Proving all this requires showing that the other party had a duty of care towards you, which they violated, and this violation caused the accident. In other words, but for the other party's action or inaction, the accident would never have happened. Then you need clear medical proof that the injuries you suffered were sustained in that accident, plus you must prove that these injuries did indeed keep you from going to work. Get Help From an Augusta, GA Personal Injury Lawyer You can expect the insurance company to fight you at many points in an attempt to minimize their claims. Contact Davis, Chapman, & Wilder, LLC here in Augusta, GA today for experienced, determined representation to fight for your rights.

Step 1: Document the Incident Documenting includes writing down everything you can remember about the situation: date, time, location, and statements made by daycare staff, witnesses, or other parents. The more specific your record, the more helpful it is as evidence in your case. If your child was physically injured, take photographs of the surroundings and the child’s injury immediately. Also, be sure to collect any relevant medical records. If your child required medical attention, these records will not only confirm the severity of the injury but also tie the harm to the daycare's negligence. The more detailed your documentation, the stronger your case will be. Step 2: Establishing Duty of Care Daycare centers are responsible for ensuring the safety and well-being of the children in their care. This includes providing appropriate supervision, maintaining safe facilities, and ensuring that staff members are properly trained. In your case, you’ll need to show that the daycare breached this duty by failing to meet these expectations. Most daycares are legally required to follow specific safety standards set by both state and federal laws. These laws can often provide an easy reference point for demonstrating that the daycare’s actions—or lack thereof—were negligent. Step 3: Proving Breach of Duty Breach of duty is usually the most difficult part of the case. You’ll need to show that the daycare failed to act in a way that a reasonable daycare provider would have under similar circumstances. This could include leaving your child unsupervised, failing to check safety equipment, or allowing unsafe items within reach. Step 4: Causation and Damages Causation means the daycare’s negligence directly caused harm to your child. You must prove to the court that if the daycare had followed proper procedures, the injury would not have occurred. You must also prove the damages that resulted from the injury, which can be both economic and non-economic. Economic damages include medical bills, therapy costs, and lost wages if you had to take time off work. Non-economic damages refer to the emotional distress, pain, and suffering your child endured because of the daycare’s actions. Collecting all relevant bills, records, and expert opinions will help demonstrate the full extent of the damages your child has suffered. Step 5: Attempt to Settle The daycare’s insurance company or legal team may offer a settlement to avoid the costs and publicity of a trial. Settlements can be beneficial, as they allow for faster resolution, but it’s important to evaluate whether the offer is fair. If the settlement amount does not adequately cover the damages your child has suffered, you can reject the offer and proceed with the lawsuit. Step 6: Filing the Lawsuit If a settlement cannot be reached, the next step is to file a lawsuit. This involves preparing and submitting a formal complaint to the court. Your complaint will include the specific allegations against the daycare, the damages you are seeking, and the legal basis for the claim. Once filed, the daycare will have a certain period to respond to the complaint. They may either admit to the allegations or file a defense, and at this point, both parties will begin gathering evidence and preparing for trial. Step 7: Judgment or Settlement After Trial After the trial, the judge or jury will issue a verdict. If you win the case, the daycare will be required to compensate you for the damages, which could include medical expenses, emotional damages, and other costs related to the injury. It’s also possible for a settlement to occur even after the trial begins, allowing the case to be resolved without further proceedings. If you do not win the case, you might have the option to appeal the decision. Appeals typically focus on legal errors made during the trial, so it’s important to discuss your options with your lawyer. While the legal process can be lengthy and complex, having a solid case and expert legal representation increases your chances of success. Contact us online or give us a call today to schedule a legal consultation with our family law attorneys in Augusta, GA.

Most American parents rely on daycare facilities to provide care for their children while the parents are at work. The sad reality is that many childcare facilities do not provide adequate care and protection for our beloved children. The result is that kids suffer serious injuries and illnesses. If your child has been injured or contracted an illness at daycare, you have options. Can You Report a Daycare for Negligence in Georgia? If your child has suffered harm due to a liable caregiver in a Georgia daycare, you have the right to take legal action. A daycare can be reported for negligence when there is a clear breach of duty, meaning the facility or staff failed to provide reasonable care, resulting in injury or harm to a child. This includes cases of neglect, physical abuse, unsanitary conditions, and improper supervision. One serious form of negligence is overmedication, where a caregiver administers the wrong dosage or unnecessary medication, leading to adverse health effects. In Georgia, failing to follow proper medication guidelines can make the daycare liable for medical expenses and other damages. To report negligence or a breach of duty, parents should document the incident, gather medical records, and file a complaint with the appropriate state agency. Holding a liable caregiver accountable not only protects your child but also prevents similar harm to others. Childcare Injury Statistics Throughout the country, the statistics are extremely difficult to summarize, as many states have not compiled or reported child injury statistics, and there is no uniformity between the states on how this information is gathered or organized. However, Georgia has been a forerunner of data compilation among the states. A 2012 paper by Dr. John Carter analyzes medical data regarding all injured children and compares is to childcare accident and injury data from the Georgia Department of Early Care and Learning (DECAL). Both studies illustrate that children are injured much less often in childcare facilities than they are injured in their own homes, suggesting that, in general, childcare facilities are safer for children than their own homes. Of course, childcare facilities are still liable for any injuries or other damages resulting from their negligence or intentionally harmful actions. Common Causes of Injuries The most common causes of injuries to children include: Falls: Children fall, often because of unsafe conditions on a premises or failure to keep an area properly clean and free from toys and other items on the floor. Poorly kept stairways and playgrounds are other common causes of falls. Falling items: When bookshelves, tables, chairs and other items tip and fall on children, the results usually involve fractures, contusions, abrasions and possible scarring. Unsafe doorways: Although there are regulations for how to keep doorways safe, many daycare facilities do not comply, and children get their fingers crushed or suffer other injuries in closing doorways. Burns: Soups, daycare providers’ coffee and other hot liquids can cause serious burn injuries. These injuries should not be taken lightly, as they can be extremely painful and result in nerve damage and lifelong scarring. Poison: In addition to unsafe storage of dangerous chemicals, there are numerous allergies and potential illness causing foods. Far too often, childcare providers fail to use appropriate caution to make sure the children they are caring for are not exposed to dangerous foods and chemicals. Malnutrition: In addition to letting kids be exposed to dangerous chemicals, many daycare facilities fail to provide adequate nutrition, leading to dehydration and other serious problems due to lack of adequate nutrients. Abuse: Sadly, there are instances in which daycare providers commit acts of abuse against the children they are supposed to be caring for. In addition to the internal injuries that might not be uncovered easily, children can suffer fractures and broken bones, contusions, burn injuries and severe emotional distress. This is a short sample of the causes of injuries to children in daycare facilities. If your child has suffered any type of injury, illness or emotional distress as a result of negligence on the part of the facility, talk with an experienced personal injury lawyer. This negligence can include letting the child wander off, play with dangerous or age-inappropriate toys, be exposed to dangerous chemicals or other unsafe situations. Bringing a Legal Claim Against a Day Care Facility A personal injury claim against a childcare facility falls under what is called tort law. In tort law, there are four elements that make up a successful claim: Duty: The defendant must have some kind of duty in a tort claim. In the case of childcare facility claims, the duty is to provide a safe environment and protect the child from injury. Breach: The defendant has to breach the duty. In childcare facility cases, this can mean failure to maintain a safe environment, allowing a child to wander off from the facility, allowing a child to access dangerous chemicals or other similar examples of breaching the facility’s duties. Harm: The plaintiff must have suffered some kind of real harm for a tort claim. For daycare cases, this means the child must have been injured or contracted some kind of illness. Proximate cause: The harm that the plaintiff suffers must be caused by the defendant’s breach of duty. If a child falls down the stairs and then catches a cold the next day, it would be hard to establish proximate cause between the fall and the harm suffered. But in many cases, the breach of duty on the part of the daycare facility is a proximate cause of the damages the child suffers. Who Do I File a Complaint With in Georgia? The Georgia Department of Early Care and Learning ( DECAL) is responsible for licensing and investigating daycare facilities. Complaints can be submitted online or via phone at 404-656-5562, and state inspectors will conduct an investigation if necessary. You can also file violations through national resources. A Note on Negligence Settlement Amounts Daycare injury settlements in Georgia can range from thousands to hundreds of thousands of dollars, varying greatly on the circumstances. When a child is injured due to daycare negligence, the settlement amount depends on factors such as the severity of the injury, medical costs, emotional trauma, and evidence of a breach of duty. Georgia law allows parents to seek damages for medical expenses, pain and suffering, and in some cases, punitive damages if the liable caregiver acted recklessly. For example, cases involving overmedication may result in higher settlements if the child suffered serious side effects requiring hospitalization. Similarly, instances of neglect, such as a child wandering off due to lack of supervision, can lead to significant compensation if the daycare is found liable. Davis, Chapman, & Wilder Are on Your Side These are the basics of tort law claims against childcare facilities. If your child has been injured in any way at a daycare center, talk with the experienced lawyers at Davis, Chapman, and Wilder, LLC in Augusta, GA to bring a personal injury claim and obtain the compensation your family deserves. Contact Davis, Chapman, & Wilder online or give us a call to schedule a consultation and discuss your situation. We will examine the specifics of your case, outline the legal choices available to you, and collaborate with you to seek the compensation that your family is entitled to.

A slip-and fall-accident can happen to anyone, and the consequences can be catastrophic. In 2022 alone, more than 8.5 million people visited emergency departments for fall-related injuries, with over 46,000 resulting in fatalities. If you've been injured in a slip-and-fall accident, a personal injury lawyer can ensure you receive fair compensation. Below, we examine the compensation payable in Augusta, GA for any pain and suffering endured. Does a Compensation Award Include Payment for Slip-and-Fall Suffering? A successful award for personal injury will take into account objective losses such as income, expenses, future earnings, and medical treatment. However, the calculation will also consider pain and suffering, as set out in §51-12-2 of the Georgia Code. The first category is known collectively as economic losses or special damages, and the value must be proven. Pain and suffering is known as either non-economic losses or general damages, and a specific value does not have to be objectively proven. What Does Pain and Suffering Mean? Pain and suffering encompasses much more than just physical pain. It includes all types of pain and suffering, such as: Severity of the injuries Duration of the injuries Any impact on quality of life Emotional distress Loss of enjoyment Humiliation or fear The examples on this list show how wide the category for pain and suffering can be. All non-economic aspects of the injuries are considered, with a focus on how the claimant's life has been negatively affected. Any other relevant factors will also be taken into account, such as any pre-existing disabilities or conditions. How Much is Awarded for Pain and Suffering? There is no universal formula that is used to calculate the amount payable for pain and suffering. One common method is to apply a multiplier to the value of the economic award. However, this makes the assumption that higher economic losses correspond with greater pain and suffering, which may not be the case. An alternative approach is to assign a rate per day for pain and suffering, which is then multiplied by the number of days the injuries are expected to last. This is a contentious method with defendants as it requires agreement of an appropriate daily rate. Additionally, if the injury has become chronic, the total award can be significant if the premises are unsafe. There is no maximum cap on what can be awarded for pain and suffering in Georgia. Talk to a Personal Injury Lawyer As non-economic damages are subjective, it's crucial to submit a comprehensive claim that accurately reflects the full extent of pain and suffering. It's therefore vital to talk to an experienced personal injury attorney at the earliest opportunity who has the skills to fight for what you're entitled to receive. With our extensive experience in personal injury claims, we are committed to helping you get the pain and suffering compensation you deserve. Get in touch with us here at Davis, Chapman, & Wilder in Augusta, GA today to schedule a free case evaluation. We also serve Grovetown, Martinez, Evans, Waynesboro, Lincolnton, Thomson, and the surrounding communities.