Personal Injury Law in the Southeastern States


March 16, 2017

At Montlick & Associates we take pride in our roles as advocates for individuals who have suffered injuries as a result of the negligent or otherwise wrongful acts of others. We have decades of experience handling a wide range of personal injury claims throughout the Southeastern United States, including Alabama, Florida, Georgia, North Carolina, South Carolina, and Tennessee. Personal injury law encompasses a vast array of legal scenarios. You may have heard of the word "tort." A tort occurs when someone's act or failure to act causes an injury to someone else in a way that is considered a civil wrong, and this is the legal term that describes personal injury cases. Tort cases are not criminal cases, although at times the same actions can result in potential criminal and civil liability for the defendant.

Many legal disputes fall into this area of law, and pretty much anyone can find themselves involved in a tort case. For instance, cases involving injuries from car accidents are in this category and unfortunately, anyone travelling in a car runs the risk of getting in an accident. Other types of personal injury cases include medical malpractice and product liability cases, which can also involve serious injuries.  In addition to disputes arising from unintentional acts and accidents, some personal injury cases involve disputes over intentional acts as well, such as assault, battery and defamation.

The basis for these cases usually involves several basic requirements. To succeed in recovering for an injury, the plaintiff must show that the person who injured them owed them a duty, that they breached the duty that they owed to the plaintiff, and that the injury was a result from the breach. What defines the duty for the defendant depends on the type of case involved. Anyone operating an automobile will have a general duty to drive in a reasonably safe way, and will owe that duty to other drivers and to pedestrians. In a medical malpractice case, a medical practitioner owes a duty to his or her patients and will be held to the standard of other doctors, rather than the standard of the average person, since we expect our doctors to have superior knowledge of medicine.

Tort law has a long history and much of it is still based on "common law." The concept of common law dates back to England, and is older than the United States. Laws in the United States that are based on common law are developed based, in part, on decisions made by judges. These laws can be different from state to state. There are many statutes that impact personal injury cases as well, such as the statute of limitations, which states the amount of time in which a person who is injured has to file a claim against the party who caused the injury. These statutes are state based as well, and thus the amount of time a person has to file a claim can be different depending on where the injury causing incident took place, what type of claim is being filed, and other factors  

Because these laws can vary by state to state, it is important to have your claim evaluated by an attorney who is familiar with the state that you are located in. If you suffered harm as the result of any type of case involving negligence, you should reach out to an attorney at Montlick & Associates for a free consultation on your legal rights as well as what steps are necessary to protect those rights. Many personal injury claims involve serious physical injuries, expensive medical bills, and costly property damage.  If you have been injured because of someone else's negligence you may be entitled to compensation, including compensation for medical expenses, lost wages, Pain and Suffering, punitive damages depending on whether the defendant's conduct rose to the level of gross negligence, and others. 

Put Our Law Firm's Over 33 Years of Legal Experience to Work For Your Case!

Call Montlick & Associates, Attorneys at Law for your free consultation today. Montlick & Associates has been representing those who suffer serious injuries throughout all of Georgia and in the Southeast for over thirty-three years, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state.

No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.

Source: https://www.law.cornell.edu/wex/tort and https://www.merriam-webster.com/dictionary/common%20law

Montlick & Associates, Attorneys at Law
17 Executive Park Dr NE
Atlanta, GA 30329
Telephone: 1 (404) 529-6333
Toll Free: 1 (800) LAW-NEED
Hours: Open Today · Open 24 hours

Category: Personal Injury

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.