Personal Injury Lawyers

Skilled lawyers providing comprehensive personal injury services
Personal injury attorneys at Nicholson Phillips represent clients in a variety of injury lawsuits. When you suffer a personal injury as a result of a negligent action, reckless behavior, an intentional wrongdoing or a failure to take reasonable action, we know how to help you obtain rightful compensation for the physical, emotional and financial damages you endure. Our firm has been obtaining successful settlements for injured clients in Georgia for more than 20 years, and we are committed to supporting new clients with the same fervor.

What constitutes personal injury?
Millions of individuals suffer accidental injury every year — but not all of these cases can be classified as personal injuries. Legally, a personal injury is an injury, illness or other condition that occurred or was contracted due to negligent oversight, careless action or inaction, or deliberate infliction of physical or emotional pain or anguish. Personal injury laws cover more than bodily injury and may include personal property loss or damage and some less quantifiable injuries, such as pain and suffering.

Proving negligence
Achieving success in making a personal injury claim requires you to prove that the party responsible for your injury was negligent. All four of the following conditions must be met to be eligible for a personal injury settlement or trial award:

An owed duty — The duty owed is specific to the circumstances. For instance, automobile drivers owe a duty of driving safely to all others on the road. Doctors assume a duty of care when they agree to treat patients. If you were injured due to dangerous conditions on someone else’s property, the owner failed to assume a duty of safety regarding the premises.
Breach of duty — When an individual or entity puts you in danger by failing to meet the duty of safety or a standard of care, it is considered a breach of duty.
Causation — The breach of duty directly or indirectly caused your injury.
Damages­ — You incurred real, measurable physical, financial or emotional damages or losses as a result of your injury.

Common accidents and injuries
Personal injuries can occur in a wide range of situations. But some of the most common injury claims involve the following:

  • Auto accidents
  • Truck accidents
  • Motorcycle accidents
  • Bus accidents
  • Brain and spinal injuries
  • Injuries from fires and explosions
  • Workers’ compensation
  • Wrongful death
  • Premises liability and slip and fall accidents
  • Products liability (injuries and illnesses due to dangerous and defective products)
  • Medical malpractice

When you or someone you love has been injured due to someone else’s negligence, you may be entitled to compensation for losses associated with the injury, including reimbursement for medical costs and lost wages. Common injuries in settlements or court cases include the following:

  • Chronic back and neck pain
  • Traumatic brain and spinal injuries resulting in paraplegia, quadriplegia or a persistent vegetative state
  • Broken bones and soft-tissue damage
  • Burns
  • Chronic illness due to exposure to toxic substances
  • Conditions and illnesses improperly diagnosed by medical professionals

When determining damages in your personal injury settlement or court case, the future implications of your injury, including ongoing treatment and rehabilitation, must be considered in the valuation of your claim. Your medical costs, lost wages and benefits, and diminished earning capacity must be evaluated in the assessment and recovery of your losses.

Benefits of hiring an attorney
The reasons for using a personal injury lawyer are extensive. If you require an experienced Woodstock, GA personal injury attorney, we can answer your questions about your case and help you make informed decisions regarding your future. We provide protection from insurance companies and have the knowledge and skills to litigate your case in court so you can receive the compensation you deserve.

If you have been injured in a vehicle accident or due to your work environment, a defective product or medical malpractice, or if you have lost a loved one in a wrongful death situation, Nicholson Phillips offers outstanding professional advice and representation. More information is available on our personal injury Frequently Asked Questions page.

Lawyer Represents Victims of Medical Malpractice

Filing a medical malpractice claim
If you believe you or a loved one suffered an injury or other condition as a result of negligence by a doctor, nurse or other medical professional, you may be considering pursuing a medical malpractice lawsuit. It may be difficult for you to determine on your own whether your situation can be classified as malpractice. At Nicholson Phillips in Marietta, our team can evaluate your case and help you choose the appropriate next step.

Does your case qualify as malpractice?
In malpractice lawsuits, a patient or someone acting on behalf of the patient, such as a family member, brings charges against one or more liable parties with the goal of arriving at a settlement or court verdict. Individual healthcare providers, such as physicians, surgeons and other specialists, can be deemed liable if they make negligent surgical errors, medication and diagnosis mistakes, or neglect you as a patient. Entire healthcare practices, nursing facilities, hospitals and other entities can also be found negligent if they fail to train their staff or hire qualified personnel, or if they provide their staff with defective medical devices.

To be successful in your case, you and your malpractice attorney must prove that the liable party committed medical negligence based on all the following criteria:

  • A duty was owed to you (or your loved one) — Legally, healthcare providers assume duty whenever they agree to care for a patient.
  • The hospital or healthcare provider breached that duty — An acceptable standard of care was not met.
  • The breach of duty resulted in your injury. This is also known as causation.
  • You incurred significant damages as a result of that injury — Your medical malpractice claim is based on damages you suffer, whether they are physical, financial or emotional. For the case to have merit, you must have sustained losses warranting compensation, or you must have lost a loved one in a wrongful death fatality due to medical negligence.

Lawsuit and settlement
According to Georgia medical malpractice law, once your case gets underway, and prior to going to trial, there is an opportunity for all involved parties to participate in pretrial dispute resolution. A neutral party presides over this negotiation, and you and your Marietta medical malpractice lawyer, the liable party or parties and their lawyers, and all other relevant personnel are present. During this process, your case, which includes records of your injury or condition, is presented. You may also be required to provide supporting testimony or an affidavit from a qualified medical practitioner other than your own who can support your assertion that your healthcare provider failed to meet a reasonable standard of care. If you are able to reach a settlement during this phase, compensation is established and the case is closed. If a settlement cannot be reached, the case advances and a judge arrives at a decision. Most cases, however, do not reach trial — in fact, about 95 percent of cases settle. C. Alan Nicholson has extensive experience with medical malpractice cases, and Nicholson Phillips can answer any questions you have about the process.