Kennesaw Personal Injury CasesWritten on September 19, 2013
A “Personal Injury” case commonly refers to any type of legal action in which the plaintiff claims that the defendant harmed them, either physically and/or emotionally, through negligence, recklessness, or intentional acts. Common types of lawsuits that fall under the personal injury umbrella are car accidents, work or industrial accident cases, cases involving asbestos, toxic mold, black lung and other industrial diseases, and so-called “slip and fall” cases. There are also several more specialized types of Kennesaw personal injury cases such as product liability, where the plaintiff claims they were hurt by a defect in a product manufactured or sold by a defendant, as well as cases where someone was harmed as a result of medical negligence or malpractice.
Although most personal injury cases seem fairly straightforward based on common sense, they usually involve complicated standards of liability and depend heavily on medical proof and expert testimony. It is very difficult to succeed in these types of cases without a lawyer on your side. Consider the following situation:
Bob is married to Sally. Bob is a healthy adult, but Sally has suffered from asthma since childhood. They move into an apartment complex where the walls are freshly painted. Shortly after moving in, Sally begins to have more frequent asthma attacks. She ends up in the emergency room several times, and Bob begins to notice an odd smell in the apartment. After a couple of months, the fresh paint is no longer its original color in some places, but has begun to turn a mottled dark color, as if something is growing behind it. Bob asks the landlord several times to repair the problem and even mentions Sally’s declining health to the landlord, but no repairs are made. Sally’s hospital stays become more frequent. She can no longer work, and Bob purchases a home mold test kit, which shows that there is mold present in the apartment. Bob presents the findings to Sally’s doctor and to the landlord. The doctor is concerned but the landlord does not fix the problem. Medical bills mount and mold has begun to grow on furniture in the apartment. Bob and Sally sue the landlord, claiming that the mold made Sally sick and damaged their property.
This case seems fairly straightforward: Obviously the mold made Sally sick. Unfortunately, a court does not engage in leaps of logic. Bob and Sally will have to prove that the mold made Sally sick with medical evidence, as well as proving that the mold was the landlord’s fault. Without that evidence, Bob and Sally are unlikely to recover for their damages. The landlord will hire experts who will almost certainly state that the mold in the apartment could not have made Sally sick, and/or that some preexisting condition of Sally’s is the culprit. Without a Kennesaw attorney to guide them through the legal hurdles, identify experts of their own, and potentially provide up-front costs for potentially expensive litigation, Bob and Sally have very little chance of recovering the money they have spent on the medical bills, much less seeing any recovery for their property damage or emotional suffering, and the landlord will not be punished for his bad behavior.
Early consultation with a personal injury attorney would make a significant difference for someone facing a situation such as that faced by Bob and Sally. A personal injury attorney could have advised Bob and Sally on what documentation to get from Sally’s doctors, how to ask the landlord for repairs in writing, as well as what evidence to preserve from their apartment. In addition, a personal injury lawyer would help them to gather good witnesses and obtain helpful testimony before any lawsuit was filed. If you believe you have a personal injury claim, consult with a personal injury attorney early in the process to avoid headaches and heartaches later.
Contact The Silverbach Law Group today for additional information regarding your Kennesaw personal injury case!