You have been an employee at a local construction company for about ten years. During the course of your employment, you often need to use company equipment while working on different construction jobs. One day while working on an Atlanta site, the rotary saw you are using jams, and you suffer a serious injury to your right hand. Your supervisor immediately calls the paramedics, and you go to the hospital in the ambulance. Emergency room physicians assess your injury, and you lose two of your fingers to amputation.
The supervisor comes to see you at the hospital, and you complete an accident report detailing what happened and the amputation of your fingers. You file a request for workers’ compensation benefits and attach documentation for your hand wound with your claim. After consulting with a personal injury attorney, you learn the saw you were using has been the subject of several personal injury claims due to claims of defective parts. The lawyer explains to you that you and your employer may be able to collect damages through a product liability lawsuit.
How Do Product Liability Laws Apply to My Georgia Claim?
After your consultation with your personal injury attorney, you learn a product liability lawsuit is a legal action you initiate after you have been hurt while using a defective product. If you are hurt while using a product with defects, you may be eligible to receive damages from the product manufacturer. The lawyer also explains to you that you must file your claim within the specified time period and your employer may be able to recoup the workers’ compensation benefits they have paid you for your injury from the manufacturer.
How Long Do I Have to File A Claim in Atlanta?
If you reside in Atlanta, Georgia, you have two years to file a claim for your personal injuries from your work-related accident. The state works hard to ensure product manufacturers are responsible for all the products they produce. The time clock to file a claim for your injuries starts running when you discover your injury and how the product defect contributed to the resulting accident. A personal injury attorney will understand the statute of limitations for your injury and can make sure you do not miss any important timelines when you decide to initiate a claim.
In order to file a claim for product liability, you and your attorney will have to prove the following:
- The manufacturer (defendant) is the maker of the defective product;
- When the product left the manufacturer, it was defective; and
- The defect of the product is the cause of your injury.
In a Georgia manufacturing defect lawsuit, you and your lawyer will state something went wrong during construction of the product, and even if the intention of the design was to be safe, the production of the product made an unsafe item. As a plaintiff, your Atlanta attorney can argue the maker of the saw had a duty to inform people of the potential harm that may come from using their product.
What Damages Can I Claim for My Atlanta Personal Injury Case?
As an employee in Atlanta, Georgia, your personal injury attorney will be able to pursue two kinds of damages relating to your accident. Economic damages, also known as special damages will include any charges for medical bills and your loss of income from being unable to work and are easier to place a dollar amount on due to having records. For example, you will have charges and receipts for your medical appointments and wage verification from your work leading up to the injury.
Non-economic damages are those that are subjective relating to your injury. Issues like pain and suffering, permanent disabilities, and loss of enjoyment of life will fall into this category. In the case of your accident, the loss of two of your fingers is non-economic damages since you are right-handed and have lost some of the use of your hand.
How Can a Georgia Personal Injury Attorney Help Me?
After you have been hurt due to the negligence of another person or a malfunctioning product, scheduling an appointment with an experienced personal injury attorney will help you learn all the difficult protocols relating to personal injury cases. They will be able to explain to you what you will encounter if you decide to pursue legal action against the manufacturer of the saw. A lawyer can negotiate with all parties involved in the case to get you the compensation necessary to cover your medical expenses, lost wages, pain, and suffering, and any economic hardships your family may encounter as a result of your injury.
When pain and suffering damages are calculated, a lawyer will consider the following:
- How serious the injury was after the accident
- The amount of pain you experience because of the injury
- Will your pain and suffering be long-term
- How much you have lost financially due to your injury
- The effect your injury has on all members of your family
Contact the Georgia Attorneys at Ted A. Greve & Associates Today
If you or someone you love is the victim of a personal injury, call our office today to schedule a free, consultation about your case. Let us use our knowledge and resources to get you all the compensation you deserve for your injuries. We will fight for you and protect your rights so you can recover from your injuries without worry. The moments after your accident can be a stressful time, and you need to save all your energy to heal and adapt to your disability.
Call the attorneys at Ted A. Greve & Associates as soon as possible so we can help you through this difficult time. Our dedicated workers’ comp lawyers in Atlanta understand personal injury cases and can explain them to you, so you will know exactly what to expect. We will work hard to ensure you get the compensation you need. Do not hesitate, call our office today.
