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Home Practice Areas: Personal Injury

Injuries to the person occur in a variety of settings.  These injuries, if caused by the fault or negligence of another person or corporation, are known as “tort” actions.  The most common tort actions are car and automobile accidents and wrecks and premises liability (often referred to as “slip and fall”) cases.

Automobile Wrecks

Automobile injuries can arise as a result of being struck by another at fault driver, being struck in by a tractor-trailer or by being the passenger in an automobile drive by an at fault driver.  These injuries can be mild to severe and can present long range medical issues and complications.  Common areas of injury are to the head, neck and back.  It is important that the damages aspect of these cases be presented to include the immediate harm and expense, but also the long ranging effects of these type of injuries.

Premises Liability

Premises liability cases are more than just the “slip and fall” nomenclature.  In Georgia, premises liability cases are difficult to litigate due to extensive protections for businesses built into the law.  An essential element of premises liability cases is the “knowledge” rule which will attribute liability most often to the party with greater knowledge of the dangerous situation.  For this reason, it is critical that an injury which arises on someone else’s property or due to the fault of someone else be evaluated promptly.  In most situations, the property will not be in the same state for long and it is critical to gather as much evidence and documentation as possible.

It is important that personal injury cases be handled correctly and professionally.  Many clients are taken in by lawyers who promise a quick and easy settlement and then deliver on their promise.  Unbeknownst to the client, if the case had received the proper attention and aggressive representation a much more significant settlement could have been obtained.  Lawyers handling personal injury cases should have extensive courtroom experience and should not be afraid to present a client’s case to a jury if necessary.  Unfortunately, many clients hire lawyers that wish to increase their fee percentage or refuse to represent clients if they wish to have a trial.

O’Dell & O’Neal is committed to the client and the client’s outcome.  The lawyers provide guidance and advice concerning a prudent and wise course of action and possible outcomes, however, the firm will not force or strong arm a client into taking a personal injury settlement.