A recent jury award to the victim of a go-kart accident addressed many of the issues that can arise in a personal injury case.
That case is an important look at why it is important to to contact and work with a qualified Toccoa motorcycle accident lawyer after being injured.
The issues can become complex very quickly.
This case began as most personal injury cases do, with no thought that there would be any kind of lasting injury after engaging in a typical activity.
The activity at issue here was a simple night out at a go-kart arena.
The victim injured in this case sustained life-long injuries that will keep her from enjoying many of the activities she used to enjoy.
When the Unexpected Happens
The injury in this case happened when the driver was bumped by another, unidentified driver, and she ran into a concrete wall.
As a result of going off the track she fractured both of her ankles and had to be operated on with pins placed in her ankles.
After the accident, she sued the go-kart company for many different failures.
The company, in its defense, cited several reasons why they were not responsible for the injuries, and this is where the complex issues of personal injury law really came into play.
For example, they argued that when the woman came to the arena, she signed a valid waiver of liability should she get into an accident.
It is true that the woman signed a waiver, but under Georgia law that does not always prevent recovering from an injury.
Under Georgia law, as any Atlanta personal injury lawyer will tell you, even with a signed waiver in place, a negligent party can be held responsible when there is gross negligence involved.
That is the key, and what had to be found in this case for the woman to prevail.
Over $1 Million Jury Verdict
In the end, the victim of this accident did prevail.
After taking her case to the jury, they awarded her a verdict of $2 million.
But that verdict was apportioned in several different ways, which ended in a reduced verdict of $1.3 million.
The verdict was split because the jury determined that the woman was partly to blame for the accident, as well as the driver who hit her.
In personal injury cases, often the jury will apportion blame between the defendant and plaintiff.
For example, the jury can hand down a verdict favoring a plaintiff, but at the same time put some of the blame on the plaintiff, reducing the amount of the verdict so that the defendant only pays the portion for which he or she is responsible.
This is a fair way to ensure that each party only pays for what they caused.
Your Personal Injury Attorney Serving Atlanta
This case showed how a simple case of personal injury can quickly become complex, and why anyone injured in Atlanta should contact a qualified personal injury attorney serving Atlanta to handle their case.
Your case deserves a law firm with experience and the qualifications to ensure that you get what you deserve.