What If I Was Injured by a Distracted Driver?

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. more 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.

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. more 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.