FAQ

In conjunction with the body’s natural ability to heal itself, rehabilitation attempts to “teach” your body and brain how to perform functions that were automatic before a traumatic brain injury. Depending on how serious the damages are, how much rehabilitation, the types of exercise, and the age of the patient, medical professionals give nearly all victims a good chance of recovery. With the exception of very severe cases, most victims can learn basic functions but may have mild to moderate disabilities. It is noted that rehabilitation can be very expensive if many months or years are required.

Depending on the victim’s age, the ability to recover and relearn basic functions is possible over time. However, if there are past injuries, internal bleeding or a loss of oxygen to the brain can all seriously damage and leave a victim with permanent injuries. While the brain, like every organ in the body has the ability to recover, how well and how complete one’s recovery is depends on many different factors.

Depending on where the brain suffers trauma different functions are impacted. For example, if the cortex portion of the brain is damaged, it will impact fewer vital organ systems as is controls personality. However, if the brain stem is damaged, around-the-clock medical may be necessary because vital functions such as heart rate and breathing are directly impacted.

Brain damage occurs when the tissue of the brain is damaged. Different types of brain damage include:

• Direct trauma to neurons that kill the cells
• Connections between the neurons, known as “white matter” can also be damaged
• Swelling and loss of oxygen also kill brain cells

A victim should not accept a check from the at-fault driver or his insurance company as this may be interpreted as a settlement acceptance and may prevent the victim from receiving additional compensation. A victim should consult with an attorney before signing any release or accepting any money.

Taking pictures of your accident scene can help police, insurance companies, accident investigators, and—most importantly—your personal injury case. By capturing the damages to both vehicles and your personal injuries, such as swelling, bruises, cuts, and stitches, it will be easier to convince the insurance company or the jury that the crash caused your serious injuries.

Keep your evidence and hold onto your pictures, but do not post any pictures or information about your car crash online. Posting pictures and comments on the Internet about car accidents have cost many people their compensation. For this reason, our lawyers recommend that you do not email photos, tweet pictures, or post pictures on Facebook. Keep your photos and comments to yourself, and only share them with your attorney. Your lawyer will know what photos to share with the insurance company that will strengthen your case and not harms it.

It will depend on the seriousness of your injuries. If you require time off work or if you suffered disfigurement or disability, your recovery will be based off of your injuries, lost income, loss of services, and enjoyment of life.

Request a copy of the accident report. Typically, a police report may indicate who was at fault in the accident. You can use this proof, witnesses’ statements, video surveillance, or hire experts to conduct an investigation and recreate the crash.

No. Many insurance companies will attempt to get a recorded statement from you as soon as possible. It is best to tell your insurance company that you are not comfortable with their request and that you will speak with your attorney first. Even though it is your insurance company, they will attempt to get you to say something that will downplay your injury and lessen their liability.

Yes. It is best for your health and best for your future personal injury claim that you seek medical care promptly after a crash. Even if you are sore or stiff in any way, it is best to have a doctor check you over.

Yes. You should report your accident to your own insurance company. Every policy is different, but some require notifying them within 30 days following the wreck. Make sure you read the specifics in your policy and report your claim accordingly. You have a duty to the insurance company to report claims so that the insurer can investigate your claim. If you fail to comply with the terms of the insurance policy, coverage may be denied.

Georgia courts award punitive damages to punish and deter similar infractions. Punitive damages are usually limited to $250,000 except in exceptions that are considered especially egregious. One of those egregious exceptions is impaired driving, thus eliminating any punitive damages limitations.

There are three types of recoverable damages from an impaired driver: special, general, and punitive. Special damages mainly include economic losses including past and future medical expenses, lost wages or future earnings, and funeral expenses. General damages include non-economic losses including compensation for pain and suffering, emotional distress, or loss of companionship. Punitive damages are intended to punish an offender and to deter others from committing the same offense.

In Georgia a wrongful death claim is filed by surviving family members though the court views the family as the victim's representatives. According to Section 51-4-1 of the Official Code of Georgia Annotated (O.C.G.A.), the order of the appropriate party to bring the wrongful death claim is: the spouse, children, or the victim's parents (if there is no living spouse or children).

Georgia juries in wrongful death claims may consider the victim's life, age, health, business situation, activities and other facts relevant to the case. Jurors may also consider the victim's expected earnings during the duration of his working lifetime, his medical benefits or retirement/pension that would have been accrued, any expected inheritance he had not yet received and the victim's physical or mental suffering endured prior to death as a direct result of his injuries.

A driver who is impaired by any substance is liable for any accident he causes. This would include prescription medications that cause drowsiness or fatigue, over-the-counter medications with known side effects, illegal drugs such as marijuana, cocaine, ecstasy, heroin, and mind-altering substances such as glue-sniffing or bath salts.

Methadone, a prescription substance used to help addicts to overcome their addiction, can also be the cause of impaired driving. Methadone has many known side effects including drowsiness, dizziness, dulled response time, and sensory reduction. Methadone prescriptions warn against driving after taking the drug.

If there is evidentiary proof that the impaired driver violated a traffic law and this was the proximate cause of the damage and injuries then Georgia law views that driver as negligent per se. It would be essential to show the BAC reading from a breath or blood test contained in the police report. A Georgia BAC of at least 0.08 percent is considered legally intoxicated. Drivers under 21 may be convicted of DUI with a BAC of 0.02 percent. Commercial vehicle drivers and truck drivers with a BAC of 0.04 percent may be convicted of DUI.

Places that serve alcohol to someone who is clearly intoxicated while knowing that the person would likely soon be driving can be held responsible according to Georgia's Dram Shop Laws. This is codified in Section 51-1-40 of the Official Code of Georgia Annotated (O.C.G.A.).

The place that provided the alcohol may be held liable for injuries to third parties caused by a customer if the victim can prove three issues:

1. The defendant (bar, restaurant, etc.) knowingly furnished alcohol to someone under 21 years old, or to a person (21 or older) who was clearly intoxicated;
2. The defendant did so knowing that the minor or intoxicated person would soon be driving a motor vehicle; and
3. The act of providing the alcohol was the proximate cause of the victim's injuries.

DO NOT APOLOGIZE TO THE OTHER DRIVER AS THIS MAY BE INTERPRETED AS AN ADMISSION OF GUILT. The proper place and time to discuss the accident's liability is in court or with your attorney.

Exchange the necessary information with the other driver and render aid if you can and if such aid is necessary. Otherwise, do not engage in any conversation with the other driver or allow the other driver to hear any conversations you may have on the phone or with passengers. Any incriminating statements may be used against you and may be construed as admissions of guilt.

To prove security guard negligence in a lawsuit, you must demonstrate the following elements:

1. Duty of Care: Show that the security guard owed a duty of care to protect individuals on the property from foreseeable harm.
2. Breach of Duty: Establish that the security guard breached this duty by failing to exercise reasonable care in performing their duties, such as by failing to properly monitor the premises, respond to security threats, or follow established security protocols.
3. Causation: Demonstrate that the security guard's breach of duty was a direct cause of the harm suffered by the plaintiff.
4. Damages: Provide evidence of the damages suffered because of negligent security, such as physical injuries, emotional distress, medical expenses, and lost wages.

Gathering evidence such as witness testimony, surveillance footage, incident reports, and expert testimony can help strengthen your case and prove security guard negligence in a lawsuit. Working with an experienced premises liability lawyer can also significantly improve your chances of success in obtaining compensation for your injuries and damages.

To file a negligent security lawsuit, follow these steps:

1. Consultation: Schedule a consultation with our premises liability lawyers to discuss the details of your case and determine if you have a viable claim for negligent security.
2. Investigation: Your lawyer will conduct a thorough investigation into the circumstances surrounding the incident, gathering evidence such as witness statements, police reports, security footage, and property maintenance records.
3. Legal Action: If your lawyer determines that you have a valid claim for negligent security, they will file a lawsuit on your behalf against the responsible parties, which may include the property owner, security company, or other relevant entities.
4. Discovery: Both parties will engage in the discovery process, during which they exchange relevant information and evidence related to the case.
5. Negotiation: Your lawyer will attempt to negotiate a settlement with the opposing party to compensate you for your injuries and damages.
6. Trial: If a settlement cannot be reached, your case may proceed to trial, where a judge or jury will hear the evidence and arguments from both sides and render a verdict.

When choosing a lawyer for a negligent security injury case, it's important to look for an attorney with experience and expertise in premises liability and personal injury law. Here are some factors to consider:

• Experience: Look for a lawyer who has successfully handled negligent security cases and has a track record of obtaining favorable outcomes. At Shane Smith Law, we understand the security standards property owners and security companies are expected to uphold, and we have amassed a record of success that includes millions of dollars in compensation for victims of negligent security and other property-related accidents and crimes.
• Reputation: Research the lawyer's reputation in the legal community and read client reviews to ensure they have a good reputation for professionalism and client satisfaction. Our firm makes clients our top priority and has the testimonials to back it up.
• Communication: Select a lawyer who communicates openly and regularly with clients, keeping them informed about the progress of their case and addressing any concerns they may have. When you choose Shane Smith Law, you’ll have advocates and support staff who are always available to your needs and able to answer your questions.
• Personalized Attention: Find a lawyer who will provide personalized attention to your case and prioritize your needs and goals throughout the legal process. Our team believes that one-on-one attention is key for both strengthening claims and giving clients the level of support they deserve.

Yes, you can still sue for negligent security even if the crime happened during the day. The key factor in determining liability is whether the property owner or security personnel failed to take reasonable steps to prevent the crime from occurring.

Negligent security cases are based on the concept of foreseeability, which means that if it was reasonably foreseeable that a crime could occur on the property, then the property owner or security personnel have a duty to take appropriate security measures regardless of the time of day.

However, the time that a crime and your injury occurred may be a factor when it comes to defining what constitutes “reasonable” crime prevention measures or when overcoming some defenses. These include contentions from defendants who argue that certain crimes or injuries were not reasonably foreseeable because they occurred at points in the day not typically associated with crime, or that certain measures were not reasonable or necessary at certain times of the day. Handling these issues may require closer investigation into the surrounding circumstances and the history of the property.

Yes, you can sue a security company for negligence if their failure to provide adequate security measures contributed to the occurrence of a crime on the property.

While there are a variety of ways that security company negligence can be grounds for legal action, some of the most common examples include:

• Failing to properly train security personnel
• Inadequate staffing
• Failing to reasonably address potential security threats
• Failure to intervene
• Unreasonable security lapses
• Failure to follow security protocols

Yes, a security guard can be held liable for a crime that occurs on a property if it can be proven that their actions or inactions contributed to the lack of security, allowing the crime – and subsequently the injury – to happen.

Security guards have a duty to exercise reasonable care in performing their duties to prevent foreseeable harm. If they fail to fulfill this duty, they may be held liable for negligence.

Whether or not you can name a security guard as a defendant in your claim will depend on the circumstances surrounding your injury, as well as the nature of the security guard’s employment. In many cases, victims will pursue claims against the security company that employed the negligent guard (and which typically carries sufficient insurance coverage), as well as the property owners or managers who contracted with the security company. Our attorneys can advise you of your options after reviewing the facts of your case.

Victims should seek the assistance of a pedestrian accident attorney to protect their rights by securing police reports, eyewitness testimony, and physical evidence and to deal with insurance representatives.

Some auto insurance policies offer and cover damages suffered from a Georgia pedestrian accident. Uninsured motorist coverage may provide injured pedestrians with compensation if a driver does not have any or enough liability coverage to pay for the medical and associated damages suffered by the pedestrians. However, a complete and thorough investigation into both the at-fault party and the pedestrian to determine what the damages are and if coverage exists and what the levels might be.

Fault is normally determined by the police and/or emergency responder’s report. Sincere there are so many variables and when a pedestrian becomes injured and certainly when a pedestrian is killed, neutral third-party law enforcement and medical professionals' reports, along with witnesses, traffic cameras, and other sources of evidence will be used to determine what happened to figure out which party or parties are at fault.

Under Georgia's contributory negligence system, a pedestrian may still be entitled to recover damages even if he is partially at fault. In the comparative fault system, a pedestrian's recovery is reduced by the percentage of the pedestrian at fault up to 49 percent. A pedestrian who is determined to have been at least 50 percent at fault for the accident would be precluded from receiving a damage award. However, if a pedestrian is found to be 25 percent at fault and his damages (past and anticipated medical expenses, loss of income, lost future earnings, pain, and suffering, etc.) are $200,000 then the damages would be reduced by 25 percent to $150,000.

Georgia law protects pedestrians but there are circumstances where a pedestrian may contribute to or be the cause of the accident. Official Code of Georgia Annotated (O.C.G.A.) Section 40-6-93 states that drivers should "...exercise due care to avoid colliding with any pedestrian...and shall exercise proper precautions upon observing any child or any obviously confused, incapacitated, or intoxicated person." However, a pedestrian who does not behave as a reasonably prudent person would under the same circumstances may be held partially or entirely at fault.

Assumption of risk occurs when someone voluntarily exposes himself to danger or a potentially harmful situation. For example, someone who is hurt when using someone's power tool but had not worn protective gear is considered to have assumed the risk. Similarly, someone who attends a baseball game and is hit by a foul ball is considered to have assumed the risk. If a victim was participating in a dangerous activity at the time of the accident then he may be deemed to have "assumed the risk". This is often used as a defense in product liability cases where the victim did not follow directions or warnings posted on a package.

Comparative negligence is where the responsibility for the injuries is compared and the amount recovered by the victim is reduced by his fault percentage. The court holds each person accountable for the percentage of damages for which they are responsible.

Contributory negligence describes when a victim is responsible for a portion of his injuries. For example, someone who ignores warning signs placed by a store owner may be found to have been careless and liable for his own injuries.

A defendant in a negligence case can escape liability with several defenses even if negligence is proven. These defenses include contributory negligence, comparative negligence, and assumption of the risk.

Someone can be held responsible for someone else's actions. For example, a restaurant owner can be held liable for a server who negligently harms a patron within his restaurant.

Most personal injury claims are settled before they go to trial. Often, settlements are made between the insurance company for the party that is at fault and the victim. Settlements avoid trial expenses and delays and may lead to a higher net recovery when deducting trial preparation costs. However, if an acceptable settlement offer is not made then it may be necessary for the case to be tried in court.

Law firms frequently handle personal injury cases on a contingency fee basis which means the firm's fee and court costs are deducted from the settlement amount. If there is no recovery then the firm receives no fee. A client typically must pay court costs regardless of the case's outcome. These include filing fees, medical records costs, and copy costs for obtaining police records or deposition transcripts. Shane Smith Law handles personal injury cases on a contingency fee basis and provides a free initial legal consultation.

Intentional misconduct refers to conscious or willful disregard of the rights and safety of another. It means conduct by a person with knowledge at the time of the conduct that the conduct is harmful to the health or well-being of another person. It includes battery (an intentional act causing harmful or offensive contact with another), false imprisonment (wrongful detention), and intentional infliction of emotional distress (outrageous behavior resulting in severe emotional distress).

A physician will conclude treatments with a victim when he has reached maximum medical improvement or MMI. This is the medically determined point where a victim's health has stabilized and he is as healthy as he can be. This may not be the same health level as the victim enjoyed before the accident. If this is the victim's reality then the physician may assign the accident victim a permanent impairment rating as determined by American Medical Association (AMA) guidelines. Auto insurance companies may seek the permanent impairment rating as part of the settlement or trial proceedings.

In an injury case, this is frequently determined by the length of time the victim needs to heal. A victim would not want to settle a claim until he has received the necessary medical care for his injuries. The physician will release the accident victim when he reaches MMI. Once the physician has released the victim or his future accident-related medical expenses can be determined then a settlement amount can be negotiated.

Superior knowledge is a legal concept where the homeowner or property owner had actual knowledge of the dangerous defect or should have known. Georgia courts have held that a homeowner or property owner can be found to have superior knowledge if the dangerous defect existed for at least 20 minutes. Superior knowledge is also the principle that the homeowner or property owner/manager has greater knowledge of a dangerous defect than the victim.

A hazardous condition is one where an injury may occur. These may be permanent, as in the case of broken stairs, or temporary, such as when water is on the floor. Property owners are responsible for warning patrons about permanent hazardous conditions and remedying them. Property owners may not be responsible for injuries sustained in temporary hazardous conditions if they were not made aware of the problem. Proving liability in temporary hazardous conditions requires evidence that the owner had knowledge of the temporary condition and did not warn visitors or correct the problem as a reasonably prudent person would in the same situation.

Strict liability is the legal responsibility for damages or injury even if the person found strictly liable was not at fault or negligent. Strict liability has been applied in product and premises liability cases and when animals (pets) cause damage or injuries to another person or to their property.

The statute of limitations in Georgia only allows you two years from the time of death to file a wrongful death claim. If you let that statute of limitations expire, you risk being ineligible for possible benefits recoverable in a wrongful death action.

In some cases, the statute of limitations can be extended. For instance, if you lost someone three years ago in what everyone believed to be an accident, but only just discovered that the real cause of death was murder, your statute of limitations could start on the day you discover the truth, rather than the date of death.

1. One-third to the surviving spouse
2. The balance will be split evenly among the deceased’s and surviving spouse’s biological children. If the children are under 18 years old and are awarded up to $15,000 in a wrongful death claim, the child’s natural guardian may hold the funds without a bond.
3. If a minor child receives more than $15,000 as part of the final wrongful death claim award, the natural guardian may still hold the excess property beyond the original $15,000 but the natural guardian must be approved by the probate court and have a bond posted. However, a bond may not be necessary if the final wrongful death claim settlement approves annuity payments going to the child once he or she reaches 18 years old and the natural guardian has no more than $15,000 of the child’s property.

 

Wrongful death lawsuits are normally filed in the geographically appropriate State and Superior court in the Georgia courts of original trial jurisdiction. If, however, an administrator or executor of an estate must file a wrongful death lawsuit, it must also go through probate court.

Yes, it's crucial to keep receipts for all medical expenses related to your negligent security injury. These receipts will serve as evidence of the damages you've incurred due to the incident and will be necessary for calculating the compensation you may be entitled to receive. Be sure to keep records of all medical bills, prescription medications, therapy sessions, and any other expenses related to your injury. Your attorney will use this documentation to help build a strong case on your behalf.

If you've been injured in a gas station shooting in Charlotte, your priority should be to seek medical attention for your injuries. Once you've received medical care, it's essential to document the incident by reporting it to the police and obtaining a copy of the police report. Additionally, you can consult with a premises liability attorney from our firm who can help you understand your legal rights and options for pursuing compensation for your injuries.

If inadequate lighting contributed to your injury by creating conditions that allowed the mugging to occur, you may have grounds to sue the property owner for negligent security. Property owners are generally required to provide adequate lighting in areas where visitors are expected, such as parking lots, to deter criminal activity and enhance safety. Our Charlotte premises liability attorneys here at Shane Smith Law can help evaluate the circumstances of your case and determine the viability of a negligent security claim.

A broken gate or fence can indeed be evidence of negligent security if it contributed to the property owner's failure to prevent foreseeable harm. Property owners are expected to maintain their premises in a reasonably safe condition, which may include repairing or replacing broken security features like gates or fences. However, the specific circumstances of each case will determine whether the broken gate or fence constitutes negligent security.

While property owners owe a duty of care to lawful visitors, such as customers or tenants, they generally owe a lesser duty to trespassers.

However, there are exceptions to this rule, particularly if the property owner knew or should have known about the trespassers and failed to take reasonable steps to prevent harm. In some jurisdictions, there are also exceptions made for minor children who wander onto properties because of things that attracted them, which is known as the “attractive nuisances” doctrine. Consulting with a premises liability attorney can help determine if you have a viable claim, even if you or your child were legally trespassing at the time of the incident.

Various resources for victims of crime in the Charlotte area are available from local law enforcement agencies, victim compensation programs, and community-based organizations dedicated to victim assistance. Some of these include:

• Charlotte-Mecklenburg Police Department Citizens Resources
• The University of North Carolina at Charlotte Victims’ Resources
• North Carolina DPS Victim Compensation Services
• NC Coalition Against Sexual Assault (NCCASA)

Like any city, Charlotte has areas with higher crime rates than others. Understanding the crime statistics and patterns in specific neighborhoods can be crucial for assessing the likelihood of encountering security issues on a property. Some local areas associated with high rates of property and violent crimes include:

• Montclaire South, including Nations Ford, Arrowood, Archdale and South Blvd.
• West Charlotte, including Beatties Ford/LaSalle, West/Remount and Freedom/I-85.
• East Charlotte, including Milton/Sharon Amity in the Hickory Grove neighborhood.
• North Charlotte/University, including North Tryon corridor/Sugar Creek, University City Blvd, and Mallard Creek Church Rd.

While property owners generally have legal obligations to provide adequate security measures to protect visitors from foreseeable harm, their location and the prevalence of crime in and around their property can influence what constitutes “adequate.” A small market in a low-crime area, for example, may be fine with moderate security measures, while a nightclub in a higher-crime location and a history of physical altercations could require more significant measures to keep guests safe.

Yes, certain types of properties in Charlotte, particularly those that invite the public onto their premises, are required to maintain a certain standard of security to ensure the safety of visitors. These properties may include shopping malls, apartment complexes, hotels, parking garages, bars, restaurants, and other establishments where the public is invited or expected to be.

In legal terms, owners of these types of properties have a duty to take reasonable measures to ensure the safety and security of their premises. The same security requirements don’t apply to private homes and properties where public patrons are not expected.

Yes, you can resolve your negligent security case outside of court through a negotiated settlement with the property owner’s insurance company (and/or the insurers for a security company or other third party), or through alternative dispute resolution methods such as mediation or arbitration. In fact, that’s how most personal injury cases are resolved.

However, whether it’s in your best interest to settle your case out of court is a decision that should be made carefully and with the guidance of your attorney based on the facts involved. Your lawyer will work to negotiate a fair settlement that adequately compensates you for your injuries and other losses while also considering the potential risks and benefits of going to trial.

Shane Smith Law serves victims across Mecklenburg County and the state of North Carolina from our conveniently located Charlotte office:

9144 Arrowpoint Blvd., Suite 200,
Charlotte, NC 28273

As a full-service personal injury practice, we offer victims and families a variety of options when it comes to scheduling free and confidential consultations. This includes consultations conducted over the phone, in-person at our office, or, in some cases, with us traveling to those who can’t make it to us. During a consultation, we'll review the details of your case, answer any questions you may have, and discuss the best course of action for pursuing compensation for your injuries.

You can request your free consultation by calling (980) 246-2656 or completing an online consultation form.

Like most lawyers in Charlotte who handle personal injury and premises liability cases, our team at Shane Smith Law works on a contingency fee basis.

This means that you won't owe anything upfront, and that we only collect a fee, which is typically a percentage of the total compensation awarded in your case, if a settlement or verdict is obtained. We can discuss our fee structure and any questions you have about potential costs associated with your case during a consultation.

Evidence that can help support a negligent security claim includes:

• Incident reports filed with the police or property owner.
• Witness statements from individuals who saw the incident occur.
• Surveillance footage from security cameras on the property.
• Records of previous criminal activity on the property.
• Documentation of your injuries, such as medical records and photographs.
• Expert testimony from security professionals or other relevant experts.

Collecting and preserving this evidence is essential for building a strong case, so it's vital to begin this process as soon as possible after the incident. At Shane Smith Law, we immediately get to work to gather and preserve evidence when clients contact us.

Yes, it's essential to report the crime that resulted in your injury to law enforcement – be it the Charlotte-Mecklenburg Police Department or another local, county, or state agency – as soon as possible after the incident.

Not only does this help ensure your safety and the safety of others, but it also creates an official record of the incident, which can be crucial evidence for your negligent security claim.

In North Carolina, the statute of limitations for filing a lawsuit for negligent security is typically three years from the date of the incident. However, it's essential to consult with an attorney as soon as possible after the incident to ensure you don't miss any deadlines or crucial evidence-gathering opportunities.

Finding the right lawyer to handle your case can be one of the most important decisions you make.

You can start your search by looking for personal injury law firms in Charlotte that specifically practice personal injury law and have verified experience litigating premises liability and negligent security cases, which are less common types of claims. At Shane Smith Law, for example, our record of success includes millions of dollars in recoveries for victims injured due to negligent security or in other property-related accidents.

You can also ask for referrals from friends, family members, or other attorneys you trust, and review any available testimonials from former clients. Make sure to schedule consultations with a few different lawyers to find the one who is the best fit for your case.