Ross Law Blog

A Quick Guide to Punitive Damages

Thu, 05 Nov 2020 16:12:38 GMT

A Quick Guide to Punitive Damages

In most cases, the purpose of civil action is to compensate the injured party, with a punishment of the accused only being an afterthought. However, punitive damages are the exception to that rule, ensuring that a defendant is held accountable for actions and behaviors that are particularly damaging or malicious. Punitive damages can help a plaintiff see monetary returns greater than the amount needed for compensation alone, but what are they?

What are punitive damages?

You may have heard of punitive damages before, as they are often a part of high-profile verdicts, especially against wealthier defendants. To put it simply, punitive damages is the term used to refer to the money that the defendant has to pay to a plaintiff if they are found at fault, beyond the compensatory damages.

Compensatory damages are designed, as the name suggests, to compensate a victim for any losses they suffer as a result of injury or actions caused by the defendant. However, punitive damages are designed specifically to punish, as the name suggests. While all victims or personal injuries or damage caused by negligence are legally entitled to compensatory damages, they are not always entitled to punitive damages

When is a plaintiff entitled to punitive damages?

For the civil court to judge a defendant’s worth of having to pay punitive damages, the circumstances of an injury or incident have to include willful or malicious misconduct. This can include fraud, bad insurance faith, negligence, and other similar behaviors.

As such, punitive damages are intended for injuries and damage that goes beyond the negligence or poor judgement that could be argued as unintentional. It’s meant to reward the victims of those who perform mindful and harmful acts by others beyond what is needed for the compensation of any injury or loss they suffer.

Punitive Damages in Georgia Law

Consistent with other states, Georgia has laws to implement punitive damages as they are in common law. The common law dictating the applicability of punitive damages is complex, so the help of a personal injury and car accident attorney , such as Ross Law Firm, is recommended to help you find out when you might be entitled to punitive damages.

It’s important to be aware that different state legislatures have imposed limits on a jury's ability to award punitive damages in order to stop them from seeking overly large amounts of money. In Georgia, there is a cap of $250,000 on all punitive damages, except those awarded for defective products and international torts. Those kinds have no cap, but 75% of the damages are paid to the state, rather than the plaintiffs.

Are you entitled to punitive damages?

If you believe that willful negligence or misconduct was a factor in a recent accident or injury of yours, then you may be entitled to punitive damages beyond your compensation. Get in touch with Ross Law Firm so we can take a closer look at your case and help you find out what your rights are and what you can do to protect them. 678-502-0229

What to do if you’re in an Uber or Lyft Accident

Tue, 27 Oct 2020 17:21:24 GMT

What to do if you’re in an Uber or Lyft Accident

Rideshare platforms like Uber and Lyft are affordable and convenient. With thousands of passengers taking advantage of the many benefits of a rideshare program, more and more vehicles are added to daily traffic, which increases the likelihood of an accident occurring.

Being a passenger in a regular car accident can be both physically and mentally damaging. The process that immediately follows after a rideshare accident is even more draining and lengthy. If you’re a passenger in an Uber or Lyft accident, here’s what you need to do:

Check on all parties involved and make sure no one is seriously injured.
Call the police and report the accident as soon as you can.
Take as many photos as possible of the accident scene and damage. Make sure all photos have a time stamp. You’ll need this documentation for your insurance claim.
Gather as much as you can regarding the insurance, vehicle, and contact information of all parties involved.
Make sure that your rideshare driver reports the accident to their superiors. Oftentimes they may be hesitant to do so because of the subsequent suspension that would follow.

Prepare to deal with the insurance companies of all parties involved

Dealing with one insurance company after your typical car accident can be time-consuming. Now imagine having to communicate with multiple insurance agencies that constantly shift the responsibility amongst themselves.

When you’re a passenger in a rideshare accident, the insurance companies you can expect to be in touch with are those for the Uber or Lyft, the rideshare driver, and the other drivers involved. Typically, the Uber or Lyft insurance will be tasked with the brunt of the financial responsibility. These providers’ policies include $1 million in coverage for personal injury. If for whatever reason your medical costs and property damage bill exceeds this amount, the auto insurance of the rideshare driver will step in.

One of the hardest parts of settling the expenses that follow a serious rideshare accident is waiting for the multiple insurance companies to come to an agreement regarding who is in charge of paying the final bills. You may be overdue on your invoices by the time any headway is made. You shouldn’t have to suffer the expenses for an accident that wasn’t your fault.

G et A Rideshare Accident Lawyer on the Phone

The Ross Law Firm is Atlanta’s preferred car accident lawyer . Our team has years of experience in getting our clients the compensation that they deserve. Our proven legal tactics will pave the way to reaching a settlement that will more than cover the financial burden you’re facing. We won’t invoice you for our work unless we win! (678) 502-0229

Being a passenger in a rideshare accident can be a lengthy ordeal that often won’t see closure for months. The Ross Law Firm can help you reach a settlement in a timely manner so that you can move on from the experience and get out of the financial burden of medical costs and property damage. Choose us as your reliable Atlanta rideshare lawyer! Contact us today for a FREE consultation

Frequently Asked Questions about Uber and Lyft Accidents

Distracted Driving & Personal Injury Claims

Wed, 02 Oct 2019 22:30:09 GMT

Distracted Driving & Personal Injury Claims

Due to the latest increase in fatal car accidents, experts have begun to speculate that this is because of distracted driving. Despite Georgia’s new law that bans texting and driving, many still engage in this dangerous act, often causing car wrecks. What does this mean for you if you are at fault or victim to one of these accidents? Depending on certain factors, here is how an accident caused by distracted driving can influence personal injury suits in Atlanta.

Personal Injury Suits and Distracted Driving

If you have been injured in a car accident that was to no fault of your own, you have every right file a claim against the responsible party. Distracted driving greatly attributes to these harmful, and sometimes fatal, accidents, whether it is manual, visual or cognitive. Something like texting while driving can be categorized as any one of these things.

When you file a personal injury suit, or a suit has been filed against you, the details of the accident have to be carefully examined. It must be proved that the responsible party was, in fact, engaging in distracted driving, and that the victim was not. It is only then when a conclusion can be determined, thus settling the case appropriately.

Insurance Rates

For those who have been cited for distracted driving, whether it caused an accident or not, it can create a trend of negative behavior on your record. Most, if not all, insurance companies don’t take these offenses lightly and are likely to jack-up your insurance premium. If you do cause an accident while driving distracted, then you might have to cover a higher amount of the personal injury costs, whether or not the victim takes you to court.

Claims of Negligence

In order to file a claim of negligence, the plaintiff has to have been injured in the accident, in addition to proving that the defendant was truly at fault. When there is an accident, there is an element of “legal duty of care,” which can mean that the responsible party failed to uphold their legal obligation to operate a motor vehicle safety. With distracted driving, it can be proven that this duty was breached and was the cause of the accident, which then led to the victim’s injuries.

What to Do if You Are Hit

Firstly, in the unfortunate event that you are victim to one of these distracted driving accidents and you are injured, you should seek immediate medical attention. Keep records of all your hospital and doctor’s visits, photos of the injury and a log of your pain after the accident. Also, at the point of the accident, make sure you obtain a copy of the police report and the responsible party’s insurance information.

Secondly, you should seek legal representation to help you file a personal injury suit. However, you have to act fast because in Georgia, like most states, there is a statute of limitations that prevents you from filing such a claim after a certain time period.

Have you been in or caused an accident in Atlanta due to the fault of distracted driving? If so, visit our website and learn what our clients say about our personal injury attorneys in Atlanta . Call today to speak with a Georgia personal injury lawyer at The Ross Law Firm.

How Pre-Existing Conditions Affect Georgia Car Accident Claims

Fri, 23 Aug 2019 17:29:29 GMT

How Pre-Existing Conditions Affect Georgia Car Accident Claims

It seems fundamentally unfair that you could suffer a loss and the negligent party tries to not compensate you by using a “pre-existing conditions” excuse. While people who are injured in a car accident with pre-existing conditions may face unique challenges, working with an experienced personal injury lawyer is the first step to getting the full and fair compensation you deserve. At The Ross Law Firm, our team of legal professionals will hold that careless driver responsible for your loss.

Pre-Existing Conditions Do Not Prevent Compensation

Under Georgia law, the at-fault party takes the injured party as he/she comes. In other words, if a person has a pre-existing condition and that condition is aggravated or exacerbated by the accident, then the at-fault party is responsible for that.

When someone is injured with a pre-existing condition in a car accident, the at-fault party often tries to claim that he/she was not the cause of the injury, by arguing that it was pre-existing. In many instances, this amounts to nothing more than an excuse to skirt financial responsibility. However, it can put you in a challenging position.

In order to persuade a jury that you deserve full and fair compensation, demonstrating that the car crash aggravated the injury may be necessary. In order to overcome this defense, you will want to present evidence in the form of comparative x-rays and/or imaging scans, as well as a competent testimony from a medical professional. A trusted and experienced Atlanta car accident attorney can further assist you in meeting your burden of proof and getting the compensation you deserve.

Contact an Experienced Car Accident Attorney in Atlanta

It’s important for people injured in a car accident with pre-existing conditions to not be deterred from perusing full and fair compensation. Although pre-existing conditions appear to complicate claims, working with an experienced personal injury attorney could turn the issue into a fact supporting your case. At The Ross Law Firm, we help people with pre-existing conditions in car accidents get the compensation they deserve. Call us today to speak with our dedicated motorcycle accident attorneys, auto accident attorneys and personal injury attorneys to schedule a free, full and honest evaluation of your case.

Property Damage Answers for Auto Accidents

Fri, 23 Aug 2019 17:29:28 GMT

Property Damage Answers for Auto Accidents

If you ever find yourself victim to an automobile accident, it can be a very challenging and emotional process. Not only have you suffered bodily injury at the expense of another party’s negligence, but you also must combat transportation issues in order to get back and forth to work, doctor’s appointments, etc. Property damage claims can be very confusing and often leave people feeling as if they were not fully reconciled.

Below are answers to frequently asked questions regarding property damage:

If you or anyone you know has been injured in an automobile accident, please feel free to contact us at (678) 502-0229. Although we are personal injury attorneys, we also assist our injured clients throughout the tiring property damage process. Call us today for a free case consultation!

Can Pre-Existing Medical Conditions Affect My Personal Injury Settlement?

Fri, 23 Aug 2019 15:49:13 GMT

Can Pre-Existing Medical Conditions Affect My Personal Injury Settlement?

When you’ve been injured and are seeking settlement from an at-fault party, your pre-existing injuries could affect your amount of compensation. Depending on the factors of the case, and your pre-existing condition, this could either be a good or bad thing for you as the victim. In Atlanta, here are the ways in which pre-existing medical conditions can affect the settlement you seek after an event that left you injured.

Defining a Pre-Existing Medical Condition

In legal terms, a “pre-existing medical condition” means that you suffered from medical conditions or injuries prior to the incident in which you are claiming in a lawsuit. These conditions must be disclosed when filing a personal injury lawsuit, as they have to be taken into consideration when your compensation award is being calculated.

Examples of pre-existing medical conditions can include but not be limited to: injuries from an unrelated accident, injuries that didn’t heal correctly or congenital abnormalities. These types of conditions can also be the subject of your claim, if it is due to repetitive injuries in the same setting.

Advantages of Pre-Existing Conditions and Settlements

If you had a pre-existing injury that did not finish healing before the accident in which you are filing a claim against, it can actually benefit you in terms of your settlement. For instance, if you previously had chronic neck pain and were involved in a car accident, your pain and medical bills are likely to be greater than if you had not had the initial condition.

However, it can be difficult to prove this unless you have a physician that is willing to go on record and state that the current complications are all due to the latest incident. If you are able to prove as such, your award could be higher, in order to cover all your medical costs.

Disadvantages of Pre-Existing Conditions and Settlements

Unfortunately, these pre-existing conditions can reduce the amount of your award because it can sometimes be difficult to determine which injuries where sustained when. Additionally, it can raise suspicion about the treatment you were receiving prior to and after the accident.

For example, if you were already receiving specific treatment for a condition, and ended up continuing that treatment for the injuries sustained during the accident, this might be of a disadvantage to you. Even if the accident truly furthered your injury, it can be difficult to determine as such. Cases like these, such as pre-existing back injury settlements, are difficult to complete, unless you have medical evidence as proof that the accident created further injuries.

Your Settlement and an At-Fault Party

When you’ve been injured at the fault of someone else, you are entitled to file a personal injury lawsuit against them. However, if you have a pre-existing condition, this could hinder your ability to awarded compensation that will cover all of your medical costs.

This is because the opposing party might argue that you are using the incident to exaggerate your pain so that someone else will foot the bill for your pre-existing medical condition. Even if this isn’t the case, it can still be used against you in an effort to lower your settlement.

Have you suffered a personal injury when you already had a pre-existing medical condition? Learn more about pre-existing injury settlements by visiting our website or contacting us at The Ross Law Firm today to speak with your professional, Atlanta attorney.

Ross Law Blog

A Quick Guide to Punitive Damages

A Quick Guide to Punitive Damages ﻿

What are punitive damages?

When is a plaintiff entitled to punitive damages?

Punitive Damages in Georgia Law

Are you entitled to punitive damages?

What to do if you’re in an Uber or Lyft Accident

What to do if you’re in an Uber or Lyft Accident ﻿

Rideshare platforms like Uber and Lyft are affordable and convenient. With thousands of passengers taking advantage of the many benefits of a rideshare program, more and more vehicles are added to daily traffic, which increases the likelihood of an accident occurring.

Prepare to deal with the insurance companies of all parties involved ﻿

G ﻿ et A Rideshare Accident Lawyer on the Phone

Frequently Asked Questions about Uber and Lyft Accidents

Distracted Driving & Personal Injury Claims

Distracted Driving & Personal Injury Claims

Personal Injury Suits and Distracted Driving

How Pre-Existing Conditions Affect Georgia Car Accident Claims

How Pre-Existing Conditions Affect Georgia Car Accident Claims

Pre-Existing Conditions Do Not Prevent Compensation

Contact an Experienced Car Accident Attorney in Atlanta

Property Damage Answers for Auto Accidents

Property Damage Answers for Auto Accidents

Can Pre-Existing Medical Conditions Affect My Personal Injury Settlement?

Can Pre-Existing Medical Conditions Affect My Personal Injury Settlement?

Defining a Pre-Existing Medical Condition

Advantages of Pre-Existing Conditions and Settlements

Disadvantages of Pre-Existing Conditions and Settlements

Your Settlement and an At-Fault Party

A Quick Guide to Punitive Damages

What to do if you’re in an Uber or Lyft Accident

Prepare to deal with the insurance companies of all parties involved

G et A Rideshare Accident Lawyer on the Phone