Dacula Personal Injury Attorneys
Tort law represents the common legal vehicle for obtaining financial recovery when you are injured or your loved one dies because of either the negligent or willful acts of someone else. Tragic accidents or intentional wrongful and even criminal acts can be extremely traumatic for individuals suffering serious injury and their families. Tort law is the area of law that provides the legal basis for compensating those injured for the physical, mental, and emotional damages that are inflicted by these types of misconduct.
Courts may award a variety of different types of financial compensation, which are referred to in personal injury cases as “damages.” The types of damages that may be involved in a personal injury case depend on the specific facts of the case but may include impaired enjoyment of life experiences, pain and suffering, loss of companionship of a spouse, medical expenses, lost wages, funeral expenses, cost of vehicle repair, punitive damages and more.
Our Dacula personal injury attorneys at Montlick and Associates represent clients in a wide range of personal injury cases including:
- Car Accidents
- Motorcycle Accidents
- Trucking Accidents (e.g. Tractor-Trailer Accidents)
- Bicycle Accidents
- Pedestrian Accidents
- Workplace Accidents
- Slip and Fall Accidents
- Negligent Security Claims
- Dog Attacks – Dog Bites
- Pool and Spa Drowning and Drain Entrapment Accidents
- Defective Product Accidents
- Wrongful Death Cases
- Nursing Home Abuse and Neglect
- Medical Malpractice
- Defective Pharmaceuticals and Faulty Medical Products
- Construction Accidents
These are just a few examples of the types of personal injury cases that our Dacula personal injury attorneys are qualified to handle for our clients. While understanding personal injury law can be complicated, a recent tragedy that has been prominent in the news provides insight into motor vehicle personal injury cases. A jet ski tragedy in Hawaii resulted in criminal charges being filed against a 20-year old Australian tourist named Tyler Dagley, as well as a civil lawsuit against Aloha Jet Ski Rentals for “failing to properly instruct Dagley on piloting the jet ski. Dagley collided with 16-year old girl from California, who was also operating a jet ski at Keehi Lagoon in Honolulu. The lawsuit alleged that Dagley was negligent in “showing off” for his girlfriend, who allegedly filmed and subsequently deleted the crash. According to members of the victim’s family who witnessed the collision, Dagley blindsided the teen, who subsequently died from her injuries.
An analysis of potential liability in the Hawaiian Jet Ski case provides key insights into a number of personal injury issues and types of cases. While it is unclear whether the jet ski malfunctioned or had design or manufacturing defects, the victim’s family may be able to pursue a product liability claim based on strict liability against the manufacturer if the personal watercraft was defective. The lawsuit illustrates how multiple parties can be liable if each was negligent in causing injury to a victim. Dagley’s unsafe operation of the jet ski is negligent if it is found that his conduct did not conform to that of a reasonably prudent person in the same or similar circumstances. If his conduct caused the collision, Dagley may be liable for damages. Further, Hawaiian Jet Ski may also be liable for their own negligence if they entrusted Dagley with a jet ski even though he was not competent or properly instructed on its safe operation.
While this accident did not involve alcohol, our Dacula personal injury attorneys handle many motor vehicle accidents that are caused by a few isolated factors including intoxicated driving, distracted driving and driving in violation of traffic laws. Motor vehicle accident cases may be based on product liability claims against a vehicle manufacturer, negligence by an unsafe driver or public entity that fails to safely design or maintain a roadway, or even negligent entrustment by a vehicle owner. This case also shows the challenges of preserving evidence in many personal injury cases.
If the conduct of the driver is considered so unsafe that it constitutes a reckless disregard for human life, the court may award punitive damages to punish the wrongful actor and to discourage particularly dangerous or objectionable behavior. The high profile wrongful death lawsuit against the estate of Ryan Dunn from TV’s ‘Jackass’ program, who died along with a passenger in a one-car wreck in 2011, provides an enlightening illustration. Dunn’s blood-alcohol content was more than twice the legal limit, and his vehicle was traveling at a speed of close to 130 mph. This type of driving conduct generally would justify punitive damages. Because the passenger of the vehicle died, the immediate family members of the passenger may be able to recover not only damages that would have been available to the decedent like loss of earnings and medical bills, but also compensation for their own damages like loss of inheritance and parental guidance.
Our Dacula medical malpractice attorneys also represent clients injured by substandard medical care. While many people presume that medical errors or omissions that cause serious injury or wrongful death are rare, they are far more common than you may realize. The number of medical malpractice lawsuits in recent years in the U.S. has averaged between 15,000 to 19,000. Medical professionals are held to a higher standard of care than a motor vehicle operator because of their professional training and specialized knowledge.
Whether you are injured on-the-job and seeking workers’ compensation benefits, suffer injury in a motor vehicle accident or slip and fall, or experience injury because of a defective product or any other type of accident, the Dacula personal injury attorneys of Montlick and Associates are available to answer your questions and advise you regarding your legal options. If you or someone you love has suffered a serious personal injury or a loved one has died, our experienced Dacula product liability lawyers are committed to representing personal injury and wrongful death victims in obtaining compensation to rebuild their lives and support their families. Call now for your FREE CONSULTATION with Montlick and Associates' experienced Dacula personal injury attorneys. Our attorneys are available to help you and may even visit you if needed. You can call us anytime 24/7 at 1-800-LAW-NEED (1-800-529-6333) for your FREE CONSULTATION. Alternatively, you can visit our website, www.montlick.com, to make use of our FREE CASE EVALUATION FORM or 24-hour live online chat service.