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Understanding Georgia Slip And Fall Laws

Posted on May 2, 2018February 7, 2024 by productionnye

The phrase “slip and fall” applies to several unfortunate accidents in which victims suffer catastrophic injuries because of what are usually dangerous property conditions. In many cases, the same victims in slip and fall accidents are likely to be accused of being at fault for their own injuries.

The Nye Law Group represents people injured in slip and fall accidents in communities throughout the greater Savannah area. Our firm can fight to get you all of the compensation you are entitled to. Call 855-636-9277 to take advantage of a free consultation that will let our attorneys review your case.

Georgia Slip and Fall Laws

Georgia Code § 51-3-1 establishes that a property owner is liable to invitees for injuries caused by his or her failure to maintain a safe premises. Under Georgia Code § 51-3-2, a property owner is liable to a licensee only for willful or wanton injury.

Invitees refers to any person on a premises by express or implied invitation. The customers at most businesses in Georgia are invitees.

When a person is injured in a slip and fall accident in Georgia, state law only provides two years for him or her to commence legal action. If he or she files a lawsuit after the statute of limitations has expired, the court will not hear his or her case.

In most slip and fall cases, the victim will attempt to reach a settlement with the property owner’s insurance company. If the insurer is not willing to provide a satisfactory amount, the victim can file a lawsuit.

Georgia operates under a modified comparative fault system of negligence, meaning that a person can recover damages so long as he or she was less than 50 percent at fault. A jury award can be reduced by a plaintiff’s percentage of fault, meaning that a person who is found to have been 25 percent at fault for his or her injuries would receive $75,000 of a $100,000 jury award.

What You Should Do After a Slip and Fall Accident in Georgia

If you or a loved one suffered injuries in a slip and fall accident, you will want to make sure a report is filed with the manager on duty. Be sure to take pictures of whatever hazard caused the accident.

Even when you don’t think you were hurt, you should still seek medical attention. Some injuries involve delayed symptoms, and insurance companies also use any delays in treatment to argue that injuries were not severe.

Find a Slip and Fall Accident Lawyer in Georgia

Did you sustain severe injuries or was your loved one killed in a slip and fall accident in Georgia? You will want to contact the Nye Law Group as soon as possible. Our firm has office locations in Hinesville and Savannah.

Our skilled personal injury lawyers can conduct an independent investigation and work to make sure the negligent party is held accountable. You can have our attorneys provide a complete evaluation of your case when you call 855-636-9277 or contact us online to schedule a free, no-obligation consultation.

How Contributory Negligence Affects You Car Accident in North Carolina

Posted on April 29, 2018February 7, 2024 by productionnye

In most states in the nation, the negligence of an accident victim might diminish the damages he or she can be awarded from another negligent party, but North Carolina is one of the few states in the country that adheres to the standard of contributory negligence. In short, contributory negligence is a defense that can be raised by a defendant in which the plaintiff will be barred from recovery if he or she was even the slightest bit at fault for his or her injuries.

Contributory negligence also makes it critical for victims to avoid speaking about their accidents to any insurance companies until they have legal representation. If you were injured or your loved one was killed in a motor vehicle crash in North Carolina, you should contact the Nye Law Group as soon as possible. Our skilled personal injury lawyers can handle phone calls from insurers on your behalf.

North Carolina Contributory Negligence Law

The North Carolina Supreme Court held in Newton v. New Hanover County Board of Education, 342 N.C. 554, 564 (1996) that a plaintiff is contributorily negligent when he or she fails to exercise the degree of care an “ordinarily prudent person” would in order to avoid injury. An important distinction that applies to many car collision cases, however, concerns whether a victim’s negligence contributed to the cause of the crash.

For example, a driver who was speeding could still possibly recover damages from another driver if the other driver was at fault for causing the collision. Children under 7 years of age are also presumed to be legally incapable of contributory negligence.

North Carolina General Statute § 20-135.2A.(d) further provides that evidence of failure to wear a seat belt cannot be used as evidence of contributory negligence. It is also important to keep in mind that contributory negligence defenses may not be allowed for defendants who the court finds to be grossly negligent—meaning that they have engaged in a form of will or wanton misconduct, such as driving under the influence (DUI) of drugs or alcohol.

Avoiding Contributory Negligence Traps in North Carolina

When you have been involved in a car accident in North Carolina, you should make sure to not discuss your crash with anyone until you have retained legal counsel. Be especially careful to avoid speaking to any representatives from insurance companies for the other drivers.

Agents for such insurers will frequently express concern and seem genuinely willing to take care of you, but they are often trying to get you to make incredibly damaging recorded statements that the insurance company will later use to reduce your payout. Any admission of fault in one of these conversations can be devastating.

You should also be mindful of what you say to other drivers following that accidents. Do not sing any kind of agreement presented to you until you can have it reviewed by an attorney.

Find a Car Accident Lawyer in North Carolina

Did you sustain serious injuries or was your loved one killed in a car crash in North Carolina? You will want to contact the Nye Law Group for an aggressive pursuit of justice.

Our experienced personal injury attorneys can provide an honest and thorough evaluation of your case when you call 855-636-9277 or contact us online to receive a free consultation.

Understanding Georgia Dog Bite Laws

Posted on April 28, 2018November 13, 2023 by productionnye

Like many other states in the nation, Georgia uses the “one bite rule” (also referred to as the “first bite rule”) to determine civil liability for dog bites. Under this rule, the owner or other possessor of a dog can be held liable for damages caused by the animal if that person has reason to know that the animal has a propensity to cause harm because it had previously bitten another person.

It can be incredibly difficult for a person to prove that a dog owner had this knowledge. Any person who suffered serious injuries because of a dog bite in Georgia will want to contact the Nye Law Group before speaking to any dog owner or his or her insurance company.

Dog Bite Laws in Georgia

When Governor Nathan Deal signed House Bill 685—otherwise known the Responsible Dog Ownership Law—in 2012, it created Georgia Code § 4-8-21. That statute defines a “vicious dog” as a dog that inflicts serious injury on a person, and any vicious dog responsible for a second bite must be euthanized.

The same statute also defines a dangerous dog as any dog substantially puncturing a person’s skin by teeth without causing serious injury, aggressively attacks in a manner that causes the reasonable belief that the dog posed an imminent threat of serious injury even though no such injury occurred, or kills a pet animal while off the owner’s property.

Owners of dangerous dogs must apply annually for certificates of registration, build secure enclosures, and post warning signs at all entrances on their property. Such owners also need to maintain a minimum of $50,000 in liability insurance and microchip their dogs.

Damages for Dog Bites in Georgia

People bitten by dogs are often extremely confused about what to do after the attacks. In many cases, the dog owners are the friends or family members of victims. As a result, victims immediately fear the possible financial consequences for people close to them—as well as the possible ramifications for the animal involved.

In most cases, dog bites are covered by a dog owner’s homeowners insurance policy. Victims in such cases can be entitled to a number of different kinds of damages, including:

Medical expenses;
Lost wages;
Rehabilitation expenses;
Pain and suffering; and
Disfigurement.

Any person who has been bitten by a dog in Georgia should avoid speaking to the negligent party’s insurance company until he or she has legal representation. Agents for insurers may express concern and a willingness to help victims, but they usually are attempting to get victims to make damaging recorded statements that are later used to reduce payouts.

Find a Dog Bite Attorney in Georgia

Did you or your loved one sustain severe injuries because of a dog attack in Georgia? You will want to contact the Nye Law Group.

Our firm has office locations in Savannah and Hinesville, and our Georgia personal injury lawyers work tirelessly to help people obtain all of the compensation they need and deserve. Call 855-636-9277 or contact us online today to have us review your case and discuss all of your legal options during a free, no obligation consultation.

Difference Between Wrongful Death And Survival Acton in South Carolina

Posted on April 25, 2018February 7, 2024 by productionnye

When a person dies because of another party’s negligence in South Carolina, it can result in two different kinds of legal claims. Certain family members may pursue a wrongful death lawsuit, while the executor for the deceased’s estate could file a survival action. The claims could be filed together or separately, depending on the circumstances involved.

In many cases, prompt legal action is required. South Carolina allows people only three years to commence wrongful death actions (the deadline can be extended to six years for certain medical malpractice claims), and it can take time to conduct proper investigations into fatal accidents. You should contact the Nye Law Group for assistance meeting all legal deadlines as they relate to your wrongful death or survival action claim.

Wrongful Death Laws in South Carolina

South Carolina Code § 15-51-10 establishes that a party whose wrongful act or negligence causes the wrongful death of another person becomes liable for damages. Under South Carolina Code § 15-51-20, wrongful death actions are for the benefit of spouses and children first, then for the benefit of the deceased’s parents, and then the heirs of the deceased if none of the aforementioned parties exist.

Several different kinds of damages can be recovered in wrongful death lawsuits, including medical bills, lost wages, funeral expenses, and loss of consortium. A wrongful death can arise from any one of a number of possible accidents, including car crashes, workplace accidents, defective products, and medical malpractice.

When the victim in a wrongful death case is a child, South Carolina still recognizes the value of the life even though the victim did not provide financial support to his or her family. State courts have held that parents are entitled to certain intangible damages in these cases.

Survival Actions in South Carolina

South Carolina Code § 15-5-90 establishes the survival right of action in South Carolina. Under this statute, the legal representative for the deceased is allowed to bring the action that the deceased would have brought for his or her injuries had he or she survived.

Survival actions can result in similar damages being awarded to plaintiffs, but the damages relate only to the harm inflicted on the deceased before or during his or her death. In other words, damages resulting from the death (such as lost income) are not compensated in these types of claims.

Find a Wrongful Death Attorney in South Carolina

If you are not sure whether you should file a wrongful death lawsuit or a survival action claim following the death of your loved one in South Carolina, it is in your best interest to quickly seek legal representation. The Nye Law Group understands that families need time to grieve, which is why we handle all the paperwork and court dates so you can take all the time you need.

Our experienced Bluffton personal injury lawyers will work tirelessly to help you get all of the compensation you are entitled to. We can provide a complete evaluation of your case as soon as you call 855-636-9277 or contact us online to take advantage of a free consultation.

What Is a Traumatic Brain Injury?

Posted on April 21, 2018April 6, 2023 by productionnye

Following most accidents, victims frequently display some kind of sign that they suffered injuries. For example, people who break bones often have casts. Others may have scarring.

One group of victims for whom most people do not immediately notice any such signs of harm are victims who have sustained traumatic brain injuries (TBIs). In many cases, TBI victims rarely show any indication that they have in fact suffered very serious injuries with very serious consequences.

A TBI, however, has the potential to cause immense cognitive, behavioral, and physical challenges for victims. The Nye Law Group understands the severity of these types of injuries and helps victims obtain the compensation they needs and deserve.

TBI Symptoms in North Carolina

People generally suffer TBIs as the result of some kind of external force to a person’s skull that impacted his or her brain. Some of the most common causes of TBIs in North Carolina include, but are not limited to:

Car accidents;
Boating accidents;
Construction accidents;
Motorcycle accidents;
Truck accidents; and
Slip and fall accidents.

While most people will immediately know when they have broken bones, TBIs can be much more subtle. In most cases, victims only complain about headaches. As the Brain Injury Association of America (BIAA) notes, some other common symptoms of a TBI may include, but are not limited to:

Difficulty breathing;
Difficulty speaking;
Dizziness;
Loss of bladder control;
Loss of consciousness;
Nausea;
Poor coordination;
Tinnitus (ringing in the ears); and
Vision changes.

Damages for TBI Victims in North Carolina

The lack of visible signs of harm in a TBI case will frequently lead to an insurance company for the negligent party challenging the validity of the injury claim. In many cases, insurers will offer settlements that are far less than what victims are actually entitled to.

TBI victims frequently require highly-specialized medical care for several years—usually the remainder of their lives. In nearly all cases, there is no hope for a complete recovery and victims must learn to adapt to their newfound limitations.

The Nye Law Group can pursue economic damages for TBI victims that may include all medical expenses and bills relating to treatment or rehabilitation for a TBI. Additionally, you could be entitled to damages for lost wages if you have been unable to return to work because of your injury.

People who have suffered TBIs may also be entitled to certain noneconomic damages for harm that is not as calculable as medical bills or lost income. Common economic damages include pain and suffering and emotional distress.

Find a Motorcycle Accident Attorney in North Carolina

Did you or your loved one suffer a TBI in North Carolina as the result of an accident caused by the negligence of another party? You should avoid speaking to any insurance company about your incident until you have legal representation. Contact the Nye Law Group as soon as possible.

Our experienced Charlotte personal injury lawyers will fight to help you get every last dollar of compensation you need and deserve. You can have our firm review your case and help you understand all of your legal options as soon as you call 855-636-9277 or contact us online to set up a free consultation.

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Author: productionnye