Car accidents happen somewhat frequently, and they do not always happen where it is convenient. You might have been injured in an accident in Georgia while visiting, but you live in another state. This can make getting financial compensation from the negligent driver challenging, but not impossible. Your first step should be to get an experienced lawyer to help you.
Your attorney should help you decide where to file your case. You will likely end up filing the case in Georgia, as that is where the accident occurred. However, you might instead file the case in the defendant’s home state if it is not Georgia. While you might not have to return to Georgia immediately, you will likely have to come back for the trial and possible some pretrial hearings, depending on the circumstances. If you file an insurance claim for the accident, you will likely need a police report from the Georgia authorities, which your attorney can help you obtain.
Receive a free, confidential case analysis from our Georgia personal injury lawyers by calling Rice Law at (470) 287-3070.
How to Sue a Driver in Georgia if You Live in Another State
If you are injured in one state but live in another, you may take legal action against the person who caused your injuries. However, doing so might be more complex than usual, as the case must cross state lines. You should hire an attorney to help you as soon as possible.
Determining Jurisdiction
First, we should determine which state has jurisdiction over your case. Generally, you may file the case based on where the accident happened, where the defendant lives, or where you live.
Our Georgia car accident lawyers will most likely file your case in Georgia, as that is where the car accident occurred. Even though you do not live in Georgia, there is a good chance that the defendant does, giving us even more of a reason to file your case in that state.
However, suing in your home state may be possible, but unlikely. Since you obviously live in your home state, a civil court there may have jurisdiction over you but not the defendant. To file in your home state, the defendant would have to waive jurisdiction. This is not a likely scenario, but it is worth discussing with an attorney.
It is also possible to file the case in federal court under diversity jurisdiction. This may arise when each defendant in a case is from a different state. This tends to come up in particularly complex cases, and your attorney can help you determine if this is something for you.
Hiring a Lawyer
Where you file your case will determine where you hire your attorney. Wherever you file the case, you need a lawyer who is licensed to practice law in that state. Since there is a very strong chance that you will file the car accident case in Georgia, where the accident occurred, you likely need a Georgia lawyer.
A lawyer in Georgia should have the skills and experience to apply Georgia law to the facts of your case. They should also be equipped to navigate complex court procedures in a Georgia courtroom.
Filing the Case
As mentioned before, we must file the case in the right court, likely a Georgia court. There are many civil courts throughout Georgia, and we need to make sure we file with the right one. Since a car accident case is a civil issue, we will have to file the case with the Superior Court.
There are multiple Superior Courts throughout Georgia, and the county where your car accident occurred will determine which court we file your case in. For example, if your accident happened in Fulton County, we would file the case with the Superior Court in District 5, specifically in Atlanta.
Do I Have to Return to Georgia for a Car Accident Case?
A major concern among injured drivers is whether they have to come back to Georgia. While you will likely have to return at some point, you are probably fine to return home after receiving medical care and hiring a Georgia lawyer to assist you.
Your attorney may be able to handle many legal hearings and proceedings without you, but you might have to return to Georgia for the trial.
Even if you do not return to Georgia until the trial, you might still have to communicate with the defendant’s attorneys. Depositions and interrogatories are normal parts of the civil justice process, and you might have to have numerous calls with other attorneys leading up to the trial.
When Can I Return to My Home State After a Car Accident in Georgia?
You are not legally required to remain in Georgia after a car accident, although you might have a few good reasons to do so. You might need to wait until you have a replacement vehicle or a loaner car before you can leave. In the meantime, you should consult with a Georgia attorney about your situation.
Seek medical treatment immediately before returning home. Depending on how far away you live, traveling while injured might not be safe. Before you leave, ask your attorney if there is anything else you need to do. On your attorney’s advice, you are likely able to return home without complicating your case.
You should also talk to your attorney about when you may have to return to Georgia. While the trial likely cannot happen without your presence, there might be other hearings or proceedings that require your presence. Talk to your lawyer so you can coordinate your schedule with theirs and make whatever travel plans are necessary.
Get Help Today From Our Georgia Car Accident Attorneys
Receive a free, confidential case analysis from our Georgia car accident lawyers by calling Rice Law at (470) 287-3070.
The burden of proof refers to the level of evidence needed to convince a jury of your claims. In criminal trials, the burden of proof is “beyond a reasonable doubt.” This is an extremely high burden, making convictions difficult. In civil cases, the burden of proof is a “preponderance of the evidence.” In short, this means we must prove it is more likely than not that the defendant is liable.
To meet the burden of proof, our evidence must outweigh the defendant’s evidence and show it is more probable than not that the defendant is liable. This is a higher burden than it sounds like, and you need an attorney to help you. In some cases, we might have additional burdens of proof based on the claims or arguments we make. For example, we might need to prove punitive damages by “clear and convincing evidence.” Still, the defendant may have a burden to meet, depending on their arguments or legal strategies.
Receive a private, free case evaluation by calling our Georgia personal injury lawyers with Rice Law at (470) 287-3070.
How the Burden of Proof Applies to Personal Injury Cases
In most civil cases in Georgia, the burden of proof is a “preponderance of the evidence.” To satisfy this burden, we must present enough evidence to show that it is more likely than not that the defendant is liable for your damages.
This burden of proof is not quite as high as the burden in criminal cases, which is proof beyond a reasonable doubt. Even so, the civil burden of proof is not easy to meet. First, our evidence needs to outweigh the defendant’s. This does not just mean we present more evidence, but that we present stronger evidence. As such, having the strongest evidence possible is necessary to succeed.
Depending on your case and claims, you might have to meet another burden of proof. Certain claims must be proved by “clear and convincing evidence.” This is an even higher burden than a preponderance of the evidence and requires a much higher degree of certainty. This burden may come up when proving claims for punitive damages.
Remember, even if you cannot prove specific claims by clear and convincing evidence, you may still prove your overall claims by a preponderance of the evidence and win the case.
How to Meet the Burden of Proof in a Georgia Personal Injury Case
To meet the burden of proof, we must provide enough evidence to convince the jury that the defendant is more than not liable for your damages. Exactly what this means may vary from case to case, as each claim is unique. We might need a little or a lot of evidence for your case to meet the burden of proof.
How much evidence is required depends on the strength of each piece of evidence. Some evidence directly proves your claims, and little else is needed to meet the burden of proof. Other evidence might help establish important details needed to prove your claims, but additional proof is necessary to satisfy the burden of proof.
We may use evidence, including witness testimony, security camera footage, photographs of the accident scene, your medical records, and other relevant materials. Again, what we need for your specific case will depend on the unique facts of your case.
Who Has the Burden of Proof in Personal Injury Cases?
Generally, a personal injury case begins with the plaintiff having the burden of proof. However, depending on the type of claims and arguments presented, the burden may shift back and forth between the plaintiff and the defendant.
The plaintiff usually has the burden of proving their claims for damages by a preponderance of the evidence. The defendant has no burden and does not actually have to put on any evidence or witnesses. The defendant must be found not liable if the plaintiff fails to meet their burden, even if the defendant does not present any evidence at all.
The burden may shift to the defendant when certain claims must be proven. For example, if the defendant wants to raise an affirmative defense that would negate all civil liability, they have the burden of proving that specific defense.
Who Decides if the Burden of Proof Has Been Met?
The burden of proof is somewhat hard to pin down because the evidence needed to meet it may vary from case to case. Only the trier of fact in each case can decide whether the burden has been satisfied, and this determination can sometimes be a somewhat subjective one.
In a bench trial, the judge may determine whether the defendant is liable for your damages, and they may decide whether we have met our burden of proof. In a typical jury trial, the jury is the trier of fact and ultimately decides whether the burden of proof is satisfied.
Bench and jury trials often require different legal strategies. While judges are more inclined to decide based on hard facts and evidence, juries sometimes are influenced by emotions and everyday common sense.
Jury Instructions About the Burden of Proof for Personal Injuries
The burden of proof is a complex concept for the average person to grasp. As such, when juries must deliberate, the judge must give them clear instructions on how to determine if the burden of proof has been met.
Jury instructions are a normal part of the legal process. However, they are tricky, and if the instructions are unclear or biased, the entire case could be in jeopardy. The judge should instruct jurors on what the burden of proof is and how it may be satisfied. Jurors may then examine the evidence and decide liability.
If we believe the jury was improperly instructed, leading them to reach an unfair verdict, we can appeal the case.
Ask Our Georgia Personal Injury Attorneys for Legal Help Today
Receive a private, free case evaluation by calling our Savannah, GA personal injury lawyers with Rice Law at (470) 287-3070.
Your insurance company should be there for you when you are hurt and need help covering things like medical bills or vehicle repairs after an accident. Unfortunately, insurance companies often care more about their bottom line than their customers, and they might wrongfully deny your claim. If your claims were denied, an attorney can help you push back and sue the insurance company for your damages and possibly more.
Common reasons for a lawsuit include claims that were wrongfully denied, claims denied in bad faith, or procedural errors that led to the denial of the claim. To support your case, we require evidence of your accident, injuries, and the terms of your insurance policy. In some cases, injuries are clearly covered by the policy terms, and the insurance company’s actions become apparent. Your lawsuit begins with a formal complaint filed against the insurance company. We must make sure the information in the complaint is complete and accurate, as it will set the tone for the rest of the case.
Begin with a free case review from our Georgia personal injury attorneys at Rice Law by calling us at (470) 287-3070.
Why You Might Sue Your Insurance Company
Insurance companies can be large and intimidating entities, but they must follow the rules just like everyone else. If you believe your insurance company illegally or wrongfully denied your claim, we can take legal action against them. Remember, your policy is a contract, and a wrongful denial is a breach of contract.
Wrongful Denials
One reason we can sue your insurance company is that your claim was wrongfully denied. A wrongfully denied claim is one that should have been approved but was not. The denial may be due to intentional misconduct, a clerical error, or an error in how the claim was filed or processed.
In some cases, the insurance company corrects the wrongful denial, and there is no need to sue. Unfortunately, this does not always happen, and you can sue to make them fix the problem.
Bad Faith
If the insurance company knowingly denies a claim that should be covered, it may be acting in bad faith. It is not unusual for insurance companies to deny claims like this, hoping that claimants will simply give up. You should not give up, and instead, you should hire a lawyer.
Bad faith is not always an outright denial of your claim. It could also involve intentional delays in processing or purposefully failing to investigate a claim, thereby reducing the payout. A key part of arguing this case in court is demonstrating how the insurance company was aware that its actions violated the policy terms.
Procedural Issues
Perhaps your claim was denied due to procedural errors. A common issue is that when claims are denied, the insurance company neglects to provide the claimant with information on how to appeal the denial.
Eventually, the time in which they can file an appeal closes, and they are barred from getting the compensation they need. If this happened to you, we need to prove you were never given a fair chance to appeal.
Evidence We Need to Sue Your Insurance Company in Georgia
We need some key pieces of evidence to prove your claims against the insurance company. Much of our evidence will revolve around records and documentation pertaining to your denied claim.
First, we should have a copy of the denial letter that the insurance company should have sent you. This is not just a notice of the denial, as it should contain information about the reasons for the denial and the steps you can take to appeal. We need this information as proof of the insurance company’s reasons for the denial.
We should also gather details about your accident, injuries, and damages. We must compare them to your policy to determine if they should be covered. If your policy terms clearly cover your accident, we might have a stronger chance of proving that the denial was wrongful.
We must have a copy of your insurance policy. It is a contract between you and the insurance company that should contain all the terms and conditions regarding how claims are covered. Almost all our evidence should be compared against the policy to determine if the denial was indeed wrongful or in bad faith.
Filing a Lawsuit Against an Insurance Company
Starting a lawsuit against almost anyone requires filing a formal legal complaint with the courts. Preparing the complaint is not easy, and it requires extensive and specific details about the case.
We must gather details about you, the defendant, the accident, your injuries and damages, and evidence supporting your claims. If any information is lacking, the opposing side may move for a dismissal for insufficient pleadings.
Once the complaint is ready, we must file it with the correct court. Not all courts are the same, and we must file it in the court with jurisdiction over your case. Once the complaint is filed, we must immediately serve notice to the insurance company about the case.
Serving notice may be tricky, as insurance companies are often large with many offices, and we must make sure to notify the correct people. If we do not notify the insurance company or fail to serve notice according to strict rules, the case could be thrown out.
What Happens After Suing Your Insurance Company
Once the case is filed and notice is served, the case officially begins.
First, we must wait for the insurance company to file an answer to our complaint. The answer may admit some allegations while denying others. The insurance company will likely deny almost everything.
The insurance company might agree to settle. In that case, no trial is necessary, and we can work out an agreement with the insurance company as to how much compensation you should get. This is up for negotiation, and negotiations may take some time.
We should also be prepared to take the case to a full trial. While trials may take time, the potential compensation may be more than what you are offered in a settlement.
Get Legal Assistance From Our Georgia Personal Injury Lawyers
Begin with a free case review from our Marietta, GA personal injury attorneys at Rice Law by calling us at (470) 287-3070.
Of the thousands of civil cases filed in Georgia courts each year, many involve personal injury claims. Of these cases, a great deal end with settlements rather than trials in court. Unfortunately, the settlement process can be challenging, and you may need a lawyer to help you get the best deal possible.
We must start your personal injury case within the time set by the statute of limitations. If we do not, there may be no way to get a settlement, since the opportunity to sue is a big part of your leverage. Before we start settlement negotiations, we must determine the value of your claims. It is often a good idea to open with a high settlement offer, as it is likely to be worked downward as negotiations progress. You may consider accepting a settlement offer if it covers all or at least most of your damages. You should also consider what damages you are willing to concede in a compromise.
Start with a free, private case review from our Georgia personal injury attorneys by calling Rice Law at (470) 287-3070.
When to Begin a Personal Injury Settlement
The aftermath of a bad accident might leave you reeling. You might be hurt, in serious pain, and confronted with various expenses that you cannot afford. You likely have a lot to deal with, but you should make time to contact an attorney for help as soon as possible.
According to the statute of limitations under O.C.G.A. § 9-3-33, we have only 2 years to file your case. In most cases, this limitation period begins on the same day that you are injured, unless special conditions are present.
This also means that we should begin negotiating a settlement as soon as possible. If the statute of limitations closes before we reach a settlement, we may lose all our leverage because we can no longer file a lawsuit at that point, and the defendant does not have to agree to any settlement because we can no longer sue for damages.
Starting as soon as possible is also good because it gives our Georgia personal injury attorneys more time to gather evidence and develop negotiation strategies. Negotiations can be time-consuming and tense. The more evidence we have to support you, the more leverage we have in negotiations.
Determining the Value of Your Personal Injury Settlement
Before we begin settlement negotiations, we must assess your injuries and losses, including both economic and non-economic damages. We must have an accurate understanding of the value of your claims so that we can negotiate a settlement that meets most, if not all, of your needs.
Some damages are more subjective than others. While we should be realistic about what we believe your claims are worth, we should also be prepared to negotiate. You might not be able to get everything covered through a settlement, and we should be ready to decide what to concede, if we have to.
The value of your claims must be backed by evidence. We can claim certain damages, but if we cannot prove them, the defendant is unlikely to agree to pay any compensation for them. We can also use information and data about jury verdicts from similar cases. If the defendant wants to lowball you, we can show that juries typically award greater damages for injuries or losses like yours.
How to Negotiate a Personal Injury Settlement in Georgia
When negotiating a settlement for personal injuries, we must be prepared with an initial offer. The first offer should be higher than we think we can get, as this number will likely decrease as negotiations progress.
Be very wary of accepting the first offer from the defendant. Unless they agree to pay your full range of damages, we will likely reject their first offer. While we should start with a high settlement, the defendant will likely start with a low one. The goal is to meet somewhere in the middle where both parties are satisfied.
You should also be prepared to wait. Negotiations can sometimes take a long time. Plaintiffs and defendants might be unwilling to budge on certain damages, and it might be a while before we reach an agreement.
When to Accept a Personal Injury Settlement
The key to settlement negotiations is knowing when to accept. Each case is unique, and we should have a clear understanding of the best possible settlement and whether it meets your needs.
You should consider accepting a settlement offer if we reach a deal that covers all your immediate needs and expenses. If you are left with significant unpaid damages, you should reconsider accepting the offer.
You might also want to consider accepting a settlement if we are approaching the end of the limitation period, unless you are willing to take the case to court.
Ultimately, you should accept a settlement if you are satisfied with the terms of the agreement. Only you can decide whether the agreement is good or bad. Some people would rather accept whatever settlement they can get and move on, as they want to avoid an expensive legal battle at all costs.
What Happens When Personal Injury Settlements Do Not Work Out
While many personal injury cases are resolved with settlements, this is not always the case. Some parties are unable to agree on a settlement, and the case proceeds to trial.
We should always be prepared to file a formal legal complaint and start a lawsuit if settlement negotiations break down. In fact, in many cases, plaintiffs file lawsuits when they start settlement talks. If the settlement falls through, the lawsuit is already underway. If a settlement I reached, the case may be withdrawn.
If a settlement is not in the cards, it might be a while before you see any financial compensation. Lawsuits are known to be time-consuming, and nothing is guaranteed.
Speak to Our Georgia Personal Injury Attorneys About Your Claims Today
Start with a free, private case review from our Atlanta personal injury attorneys by calling Rice Law at (470) 287-3070.
When trying a case, whether civil or criminal, there must be enough evidence to meet the “burden of proof.” You have likely heard the burden of proof in criminal cases referred to as “proof beyond a reasonable doubt.” In civil cases, the burden is different, and plaintiffs must prove their claims by a “preponderance of the evidence.”
To prove your claims by a preponderance of the evidence, we must show how it is more likely than not that the defendant is liable for your damages. This is a somewhat lower burden of proof than in criminal cases, but it is still challenging to meet. The plaintiff always starts with the burden of proof, and defendants may not have to prove anything at all, depending on the legal arguments they make in court. Plaintiffs might have additional burdens to meet if they claim certain damages, and our legal team is ready to help you.
For a free review of your case, call our South Carolina personal injury attorneys at Rice Law at (803) 219-4906.
What is the Burden of Proof in Civil Cases?
In a civil personal injury case, the plaintiff bringing the case must prove their claims by a preponderance of the evidence. Put another way, we must prove it is more likely than not that the defendant is liable for your damages. This sounds like a simple burden to satisfy, but it may be more challenging than you first think.
First, our South Carolina personal injury attorneys should consider how much evidence is needed to meet the burden of proof. This is difficult to say, as the answer to this question varies in every case. Not only that, but only the jury gets to decide whether we have met the burden of proof. As such, it is best to approach the case with as much evidence as possible.
You should take note that it is not easy to meet the burden of proof, nor is it meant to be. While a preponderance of the evidence is not the highest burden of proof, it is still challenging to meet, and not every plaintiff is successful.
Who Has the Burden of Proof in a South Carolina Civil Case?
The plaintiff almost always has the burden of proof. However, there are sometimes different burdens that arise within the same case, and the burden may be shifted from one party to another in certain circumstances.
In general, the plaintiff in a personal injury case has the burden of proving their claims by a preponderance of the evidence. The defendant has no burden of proof and is not required to introduce any evidence if they choose not to. Essentially, plaintiffs must present evidence, and defendants need only undermine it.
As said before, in special circumstances, the defendant may have a burden of proof, but this is not in every case and often depends on the arguments the defendant plans to make in court. For example, if the defendant raises an affirmative defense, they have the burden of proving it. An affirmative defense may negate all liability if successful. Common examples include alibis, self-defense, and lapsed statutes of limitations.
Other Types of Burdens of Proof in South Carolina Personal Injury Cases
Depending on our legal strategy and your claims for damages, we may encounter additional burdens of proof. Remember, not every case involves these burdens, and you should talk to your attorney about your claims before moving forward.
In certain situations, we may have to prove claims by “clear and convincing evidence.” This burden often comes up when claiming certain damages, like punitive damages. This is a higher burden than a preponderance of the evidence and is often very difficult to meet. Essentially, clear and convincing evidence requires a much higher degree of certainty to be successful.
This and other additional burdens of proof are necessary to prove specific claims within your case, but they are not necessary to prove the case overall. For example, suppose we fail to prove claims for punitive damages by clear and convincing damages. In that case, we may still prove your overall claims for personal injuries, and you may still be awarded compensatory damages.
How Do You Know if You Have Enough Evidence to Meet the Burden of Proof?
It may be challenging to determine whether we have sufficient evidence to meet the burden of proof. Not only may the evidence vary from case to case, but it is not up to us to decide whether the burden is satisfied.
In short, our evidence should outweigh the defendant’s. During the discovery phase, we may exchange evidence with the defendant and learn how they plan to approach the case. Sometimes, we might realize our evidence outweighs theirs. At other times, we may need to collect more evidence to build a stronger case.
Even if the defendant does not present evidence, the plaintiffs do not automatically win the case. Our evidence must be compelling enough to convince a jury that the defendant is liable.
We may explore various methods of gathering evidence, including depositions, interrogatories, requests for the production of documents and records, and others.
There is no way to know for sure that we have met our burden of proof until the jury returns with a verdict. Personal injury cases can be a bit of a risk this way, as you never really know whether you have a winning case until the very end.
How to Try to Meet the Burden of Proof in Personal Injury Cases
We should prepare to meet our burden of proof by thoroughly assessing the accident and your injuries. How did the accident occur? How badly were you injured? What expenses did you incur because of the accident?
Once we understand your injuries and the accident, we must determine what evidence is necessary and where to find it. We may speak with witnesses, collect physical evidence, and review records related to the case. Again, the evidence we use to meet our burden depends on what is available, which varies from case to case.
Ask Our South Carolina Personal Injury Attorneys for Help Today
For a free review of your case, call our Columbia, SC personal injury attorneys at Rice Law at (803) 219-4906.
One of the worst fears parents have is that someone will harm or take advantage of their children in a way that the parents have no control. Teachers and coaches are trusted with children, but when they betray that trust and abuse the children in their care, it can be devastating.
Identifying abuse is often difficult, especially when it happens behind closed doors or when a person in a position of trust and authority is the abuser. There are signs you can look for, but going off of signs alone is not always going to find your answers. Talking with your children and with administrators is the best way to root out abuse – and a lawyer can help.
For a free case evaluation, call Rice Law’s Baltimore, MD sexual abuse lawyers for victims today at (410) 694-7291.
Signs of Abuse in Children
Many of the common signs of abuse are common signs of other stress or challenges in your child’s life. Some of these signs could be easily misinterpreted, so it is important to look at the whole picture.
Not only should you look for these signs, but you should also foster a welcoming atmosphere for your child where they know they can trust you and talk to you about anything. That way, if something is happening that you need to know about, they can be open and confirm any suspicions these signs might give you.
In any case, signs also vary by age and maturity, so take that into account when looking for these signs of abuse.
- Changes in personality, usually resulting in more emotional outbursts or depressive symptoms
- Recoiling from touch
- Lack of enjoyment in activities or hobbies that used to give the child joy
- Sudden drug or alcohol use
- Avoiding discussing the abuser
- Unusual time spent with the suspected abuser, e.g., after hours or in unsupervised locations
- Trouble sleeping/nightmares
- Bruising or other marks/injuries.
How to Tell Abuse from Other Things
Many of the issues discussed above are signs of abuse, but they are also signs of teenage angst, depression, anxiety, or just changes in personality as a child grows up. If you have no reason to suspect abuse, it might be jumping the gun to accuse a teacher or coach of abuse. But parents often have a sixth sense about these things, and you should not just ignore the issue either.
In most cases, whether the symptoms are linked with abuse or everyday depression or anxiety, having your child see a therapist they can trust and open up to could be helpful. This could help them get the courage to talk about what’s happening to them, no matter how serious.
Talking with your child and fostering open communication also helps confirm suspicions one way or another.
What to Do if a Child Reports Abuse by a Coach or Teacher?
If your child does disclose that they have been abused to a therapist, or another member of the staff at their school, community center, church, or other place, it is likely they are a mandated reported. This means they must make a report to the proper authorities about the alleged abuse, giving details about the alleged abuser.
The goal here is to stop abuse in its tracks and start a paperwork trail that can help investigators confirm the abuse and get the abuser out of positions of authority or contact with children.
If your child discloses abuse to you, you likely are not mandated reporter. However, you can and should still report the abuse. Our sexual abuse lawyers for victims can help you navigate this difficult time by helping you locate the proper authorities to report the abuse to, such as Title IX coordinators at the child’s school, the principal, or other people, as well as the police.
Can I Press Charges if My Child Was Abused?
Reporting abuse to the police is often an important step in stopping the abuse, keeping your child safe, and keeping other kids safe, too. Minors are often protected in the criminal justice system, allowing them to keep some level of anonymity and safety when physical or sexual abuse reports are made.
You typically can press charges, but what specific charges are filed will depend on the police and prosecutors and what evidence they are able to turn up. In any case, our lawyers can help you review the charges and see if they are satisfactory.
Can I Sue for Damages if My Child was Abused by a Coach or Teacher?
Lawsuits can often be filed for sexual abuse or physical abuse by a coach or teacher, but the path is not always clear. There may be reports that need to be made under Title IX first if your child was abused in a school setting. After these reports are made and the investigation takes place, you can often file in court for damages.
Lawsuits against schools are often tricky because they are often public/government entities. In a private school, the situation might be different. Our lawyers can help you navigate the additional notice requirements and any roadblocks to damages.
Getting damages this way is often important, given that the criminal justice system seeks punishment, not compensation. In a lawsuit, you can get compensation for your child’s medical and therapy bills, as needed, along with other damages to account for the harm they faced.
What if My Child Doesn’t Want to Report the Abuse?
In many cases, your first calls about abuse should be to the police and the school, but your child might not want to report what happened. Your child is going through an incredibly difficult and scary time, and making sure that they have autonomy and control over the situation is often incredibly important.
Talking with you, with a therapist, and with a lawyer can help them understand the strength it takes to report what happened, to stand up against it, and to stop it from happening to others. When children are given the space to take control of the situation and agree on their own terms to report the abuse, it is often the best path forward instead of reporting the abuse without their say-so.
In any case, reporting abuse without your child’s consent might turn them into an uncooperative witness, hurting their civil case and making criminal prosecution harder. Going over their head is often the worst option.
Call Our Sexual Abuse Lawyers for Victims and their Families Today
For a free, confidential case review, call Rice Law’s Maryland sexual abuse lawyers for victims today at (410) 694-7291.
If you or someone you know is involved in a car accident, one of the first calls you should make is to the police. Even if the accident does not seem severe, the police may investigate and uncover evidence that could have serious legal implications for both drivers. You may get a copy of the police report about the crash, but you must go through the right legal channels.
Where we get a copy of the police report about your car accident may depend on which police department responded to your accident. The local authorities from the Chamblee Police Department might be involved, or the Georgia State Patrol might have investigated. Whether the accident report is ready and available depends on how long it takes the police to investigate. Once ready, we can use the report to find evidence uncovered by the police and use it in a civil claim for damages.
Get a private, free case review from our Chamblee, GA car accident attorneys by calling Rice Law at (470) 287-3070.
Where to Get a Copy of a Police Report for a Car Accident
Where we obtain copies of the police report about your car accident may depend on where your accident happened, which police department responded to the crash, and how we submit your request.
If your accident happened within Chamblee on local streets, there is a good chance that the Chamblee Police Department handled the accident. Local authorities may have provided aid, conducted investigations, and written a report detailing their findings. As such, our Chamblee, GA car accident lawyers can inquire with local authorities and where and how to get a copy of the report.
State highways and similar locations may fall under the Georgia State Patrol’s jurisdiction, and your crash report might be with the state police rather than local authorities. We can reach out to a local State Patrol Post or the Open Records Unit of the Georgia State Patrol about getting copies of the report.
When requesting a copy of the report, we need specific details about the accident so the police can pull up the correct reports. We may need your personal information, details about where the accident happened, and the names or badge numbers of the police who responded to the accident.
How Long it Takes to Get a Copy of a Police Report for a Car Accident
The time it takes to obtain a copy of the police report from your car accident depends on your specific situation. Some accident reports are ready relatively quickly, while others take longer to complete. If your report is still not available after a long time of waiting, ask your lawyer for help.
How extensive is the investigation? Accidents that involve multiple drivers and a more complex set of facts or circumstances tend to take longer to investigate. Similarly, accidents involving severe injuries or death will warrant a lengthier investigation, and reports might not be ready for quite a while.
When did you submit the request? Did you send it right after the crash, or has more time passed? If you tried to request a copy right after the accident, it might not be ready, and we might have to submit another request. Many accident reports are available a few weeks after the crash. However, some reports take longer, and you should check with the officers on the case about when your report will be available.
Why You Should Have the Police Accident Report
You might be wondering why it is so important to get a copy of the police report from your car accident. The report may be useful in a variety of legal actions, including insurance claims and civil lawsuits.
If you file a civil injury lawsuit to recover damages from the car accident, the report can help us find evidence. The report itself is usually inadmissible as evidence because it is considered hearsay. However, the report may contain details about evidence the police uncovered, and we can use this information to find admissible evidence.
The accident report may be necessary if you want to file an auto insurance claim. Since Georgia is a fault-based state when it comes to car insurance claims, we need to prove that the other driver is responsible, and the insurance company usually requires a copy of the police report.
Details Contained in a Police Car Accident Report in Chamblee, GA
The accident report may contain important information we need when trying to get financial compensation for your damages.
First, the report may contain details about how the accident occurred, including where it happened and what the police ultimately believe caused the accident. Again, the report itself is not admissible as evidence in court most of the time, but this information may shed light on what happened during the accident and what kind of evidence we need to support your case.
Second, the report may contain details about the drivers. The report may confirm who was driving and who owns the vehicles, which may be crucial information if the other driver tries to argue they were not there or that someone else was driving their car.
What Happens if I Did Not Contact the Police About My Car Accident?
If you never called the police about your accident, there likely is no report about the accident. If you called 911 following the accident, the police may have been sent to your location without you having to contact them directly. However, not every accident is severe, and drivers may choose to handle things privately rather than involve the authorities.
While you might not feel that police intervention is necessary to resolve the accident, it might lead to more problems. If you decide to file an insurance claim or take other legal action, you might not have a report, and getting compensation might be more difficult.
Speak to Our Chamblee, GA Car Accident Lawyers to Discuss Your Case
Get a private, free case review from our Chamblee, GA personal injury attorneys by calling Rice Law at (470) 287-3070.
Sexual assault can happen at almost any time in any place, and schools are unfortunately involved more often than many realize. Victims of childhood sexual assault often report being abused by someone at their school. In such cases, victims may sue those responsible, including the school. However, suing a public school is much different than suing a private one.
Public schools are governmental entities that enjoy certain protections from legal liability that private institutions do not. When suing a public entity like a public school, you must abide by specific laws under Maryland’s Tort Claim Act. Among these laws are notice requirements and limitations on the defendant’s liability for damages. Private schools may be sued just like any other private entity. To prove your claims, we need evidence of the sexual assault. This may include your testimony, security camera footage, medical records, and more.
Get a free, private case review by calling our Baltimore attorneys for sexual assault victims at Rice Law at (410) 694-7291.
Suing a Baltimore School for Sexual Assault
Sexual assault sometimes happens while students are in school. The assault might be perpetrated by other students, faculty members, school administrators, or others. Not only can we sue the person who committed the abuse, but we may also include the school in the case.
Suing a Public School
Many people are educated in the public school system, and sexual assault is tragically more common than many realize. While our Baltimore attorneys for victims of sexual assault can help you sue the school, there may be some extra legal hurdles to jump.
Claims against public entities like schools or teachers must be filed according to the Maryland Tort Claims Act. One such requirement is that we must provide notice of the claim before filing it. According to Md. Code, Cts. & Jud. Proc. Art., § 12-106(b), we must submit a written notice of your claim to the state Treasurer within 1 year of the assault. Claims are filed with the treasury because that is where state employees are paid from.
Suing a Private School
Many students attend private schools that are not public or governmental entities. If you or your child was sexually assaulted while attending a private school, we can sue the school just like any other private person or entity. We do not have to submit a notice of the claim to the Treasurer. The case may proceed like any other private civil lawsuit.
Who May Be Held Responsible for Sexual Assault in Schools?
It can be challenging to determine who is responsible for sexual assault. While the person who committed the assault should absolutely be held responsible, others might also be implicated. We need to make sure that all necessary defendants are included so that you do not miss out on any financial compensation.
First, we must identify the assailant. Sexual assault in schools often comes from adults preying on vulnerable students. A teacher, coach, or school administrator might be at the center of the case. It is also possible that another student committed the sexual assault. This is not unusual, and it is possible that the school was aware of the situation but chose not to intervene or did not take sufficient action to stop the abuse.
If a school employee committed the assault, the school itself may be held liable. As described above, suing a public school can be tricky because it is a governmental entity. Even so, schools can and should be held responsible when staff members sexually assault students.
Evidence We Need to Prove Claims of Sex Assault in School
Sexual assault cases can be difficult to prove because defendants often try to cover up their actions and eliminate evidence. Even so, that does not mean the task is impossible.
We may need to prove that the defendant had access to the victim while at school. Records about the defendant’s employment with the school, as well as the victim’s class schedule, may be helpful. These records may be especially important if the defendant argues that they did not know the victim and had no involvement with them while at the school.
We may also introduce testimony from the victim and witnesses, if any. Even when the plaintiff is the only witness to the sexual assault, their testimony may be powerful. Additionally, we may introduce other evidence to corroborate the details of your testimony.
Sexual assault cases may involve serious physical injuries, especially if the defendant is particularly violent during the assault. You may have sought medical attention even if you did not report the incident to the police right away. Your medical records may help us support your claims and demonstrate the extent of your injuries.
What if I Was Sexually Assaulted at a Baltimore School a Long Time Ago?
It is somewhat common for victims of sexual assault or abuse to wait to come forward. Many victims do not talk about what happened to them for many years. While waiting to report the abuse can be risky, you may still be able to file a civil case.
According to Md. Code, Cts. & Jud. Proc. Art., § 5-117(b), civil claims for sexual abuse or assault that occurred while the victim was a minor may be filed at any time. Put another way, there is no limitation period, and you can file a civil case for sexual assault at school even if many years have passed.
Limitations on Damages in Sexual Assault Cases Against Baltimore Public Schools
If you sue a public school for sexual assault, the available damages in your case may be limited since the school is a governmental entity.
According to the Maryland Tort Claims Act, specifically under § 12-104(a)(2)(iii), if liability of the state (e.g., a public school) arises under claims of sexual abuse of a minor, the defendant’s liability may not exceed $890,000 for a single claimant. If the claim is filed after June 1, 2025, liability may not exceed $400,000 for a single claimant.
Contact Our Baltimore Attorneys for Sexual Assault Victims for Help Now
Get a free, private case review by calling our Maryland attorneys for sexual assault victims at Rice Law at (410) 694-7291.
Our lawyers can help if your child was sexually abused at school and you plan to file a lawsuit. Not only can we investigate your child’s abuse, get evidence, and build a strong claim, but we can also give your family the necessary support and guidance throughout the entire case.
If your child discloses sexual abuse to you, report it to the school immediately. You may also file a police report. Have medical professionals assess your child and look for common injuries and signs of sexual abuse. Then, please contact our lawyers, and we can explain what filing lawsuits entails. While you focus on your child’s mental and emotional well-being, we can focus on preparing the lawsuit, which involves documenting damages from sexual abuse at school.
Call Rice Law at (410) 694-7291 to discuss your case for free with our Maryland sexual abuse lawyers.
What Should I Do if My Child is Sexually Abused at School?
How you handle your child disclosing their sexual abuse at school may ultimately help them get justice for that abuse. We help parents take the right steps in these situations so they file successful claims.
Report the Abuse
You should report the abuse to the school as soon as possible. You should also involve the police so law enforcement can perform its own investigation. A criminal case would be separate from any civil case our lawyers handle, but our Maryland sexual abuse lawyers may glean information from law enforcement’s investigation.
Each situation is unique, and some parents may also feel compelled to temporarily remove their children from a specific school until the case is resolved. Do what is best for your child’s physical and emotional safety and your family’s healing.
Know the Details
If your child discloses to you that they are being sexually abused at school, you need to know more about what happened. Therapists can help child victims feel safe enough to give more details, such as who was abusing them, when the abuse began, where in the school the abuse took place, and the exact nature of the abuse.
Your child needs mental health support after disclosing abuse, so focus on getting them that care. Mental health experts who evaluate and help your child may also testify if a lawsuit goes to trial, supporting your child’s claims of abuse and their need for damages.
Get Medical Intervention
Sexual abuse often leaves victims with physical injuries, especially children. Take your child for an assessment, and physicians can document injuries and any signs of abuse.
Contact Our Lawyers
You can also contact our lawyers after learning of your child being sexually abused at school. We can help you report and document the abuse and advocate for your child against a negligent school and abusive environment.
While you focus on your child’s emotional, mental, and physical well-being, we can focus on building a sexual abuse case that gets them justice.
We can use a lawsuit to get internal investigation reports from the school, learn more about its hiring practices and if it adequately screened the employee who abused your child, and determine whether or not previous reports against the abuser went uninvestigated.
Can I File a Lawsuit if My Child is Sexually Abused at School in Maryland?
Most likely, you can file a lawsuit on your minor child’s behalf if they have been sexually abused at school. Lawsuits may involve the individual abuser and the institution that enabled or ignored their behavior, such as the school that employed them.
Your child’s school may be liable for sexual abuse, as it has a duty of care to protect your child from harm. While minors cannot legally file lawsuits themselves until they reach adulthood, their parents may sue in their place to get justice sooner.
Minor victims may also wait until they turn 18 to file a lawsuit. It takes many victims a long time to disclose or identify abuse, and, fortunately, Maryland has no statute of limitations for childhood sexual abuse lawsuits.
What to Do if My Child’s Sexual Abuse at School is Not Investigated?
If you report sexual abuse at school to the administration, and the report is not taken seriously, call our lawyers. We can gather copies of reports, correspondence with school administration, and other relevant evidence showing the school did not uphold its duty of care.
If the school employee directly responsible for your child’s sexual abuse is not immediately investigated and removed, it may benefit your lawsuit to switch schools. This also saves your child further emotional, mental, and physical damage and avoids any chance of interaction with the abuser after coming forward.
If you have not yet reported the abuse to law enforcement and the school has failed to investigate, now is the time to do so. We can also initiate our own investigation and may discover past reports that went uninvestigated.
How Do You Document Damages from Childhood Sexual Abuse at a Maryland School?
Parents are understandably focused on their children after they come forward about institutional sexual abuse at school. Rather than also worrying about tracking damages from the abuse, let our lawyers handle that task.
Economic damages from child sexual abuse include medical costs, mental health counseling, and other out-of-pocket expenses. The non-economic damages are almost never-ending, with victims experiencing post-traumatic stress disorder, depression, and other mental health issues at high rates.
We can handle tallying economic damages and can work with mental health experts to quantify your child’s non-economic damages.
Maryland caps non-economic damages for lawsuits against government entities like public schools, and our lawyers can work hard to maximize your recovery. Non-economic damages are also limited in lawsuits against private schools, though typically, more is available from these defendants.
Call Our Lawyers for a Free Case Review in Maryland
Call Rice Law at (410) 694-7291 for a free case analysis from our Baltimore, MD sexual abuse lawyers.
While most doctors take great care to ensure they are not prescribing the wrong medication to a patient, some fail to do so. If a wrongly prescribed medication injured you, our lawyers can help you get compensation for your damages.
First, we will obtain evidence to determine how the defendant managed to prescribe the wrong medication. Some healthcare providers fail to obtain informed consent and complete patient histories, potentially leading to allergic reactions. Others prescribe the wrong dosage or medication than they intended. Our team will work with qualified experts who can review the evidence and certify how your doctor deviated from the accepted standard of care and caused your damages. If we cannot settle your claim during the mandatory arbitration process for medical malpractice, we can file a lawsuit.
For a free case review with our Maryland medication error lawyers, call Rice Law today at (410) 694-7291.
Can I File a Lawsuit in Maryland if I Am Prescribed the Wrong Medication?
Prescribing the wrong medication is a preventable error that should never occur. When it does, our medication error lawyers can determine how it was caused and who should be held responsible in a lawsuit. The following are the most common ways doctors negligently prescribe the wrong medication:
- Prescribing the wrong dosage
- Prescribing the wrong medication
- Failing to secure a patient’s informed consent or explain the risks and side effects
- Prescribing medication that would worsen another medical condition
- Prescribing the wrong duration or frequency to take the medication
When doctors are usually directly at fault these kinds of mistakes, we might be able to include the hospital, office, or clinic that employs them, since most employers are vicariously liable for their employees’ negligence.
Other times, we need to sue nurses and pharmacists since they also have a duty to check prescriptions that they are administering. If they fail to notice a prescription error that other healthcare professionals would have caught, they can be held liable.
When Must I File a Claim for Receiving the Wrong Prescription in Maryland?
According to Md. Code Cts. & Jud. Proc. Art., § 5-109(a), you must file a medical malpractice claim within five years from the date your doctor prescribed the wrong medication. If you could not discover that the prescription was wrong through ordinary diligence until later, you have three years from the date of discovery to file a claim.
If the wrong prescription injured a child younger than 11, the limitations period will not commence until they reach 11 years old under § 5-109(b).
Victims under 16 years old when they are injured and older than 11 will statute of limitations will pause until they reach 16, as per § 5-109(c)(2).
Unfortunately, some medication errors are fatal. If you lost a loved one because of a negligent prescription, you generally have three years from the date they passed to file a wrongful death claim under § 3-904(g).
The cases tend to be complex, so the sooner you start, the better. If your case’s filing deadline passes, you could miss your opportunity to recover compensation.
Prerequisites to Filing a Medical Malpractice Lawsuit for Negligent Prescriptions in Maryland
Since a physician will most likely be the defendant, we must file a medical malpractice lawsuit. However, a few hurdles must be overcome before your lawsuit can proceed.
Alternative Dispute Resolution
Maryland medical malpractice claims must undergo the Health Care Alternative Dispute Resolution process, which involves mandatory arbitration. During arbitration, a panel of three arbitrators will evaluate your case and decide if malpractice happened and who is responsible.
Although arbitration can assist you in obtaining compensation for the wrong prescription without going to court, it might be less than what you could recover in a lawsuit. Fortunately, the results of the arbitration are non-binding unless both parties’ consent. If you disagree with the arbitration panel, we will move forward with your claim.
Qualified Expert Certificates
To determine if a victim has a valid case, Maryland requires anyone filing a medical malpractice claim to file a “certificate of a qualified expert” within 90 days supporting it, according to § 3–2C–02.
The certificate should outline the reasons the medical expert concludes that malpractice took place. This typically includes information regarding the relevant standard of care, how the defendant’s conduct amounts to medical malpractice, and the expert’s qualifications.
The court will dismiss unsupported claims lacking a qualified expert’s certificate. However, we can assist you in refiling, as the dismissal should be without prejudice. After gathering evidence and witness testimony during discovery, we’ll file an updated expert certificate.
Waiving Arbitration
If you are aware that arbitration will likely not work, you can choose to forgo it and go to the lawsuit instead under § 3-2A-06B(b). However, you can only opt out of arbitration after submitting a certificate from an expert and providing the reasons to waive alternative dispute resolution.
Your waiver must be submitted within 60 days following the filing of all the defendants’ expert certificates.
Limits on the Compensation that Victims Can Recover for Wrong Prescriptions in Maryland
Victims injured by wrong prescriptions typically claim economic and non-economic damages in their lawsuits.
Fortunately, Maryland does not cap the proven financial losses that the doctor’s negligence caused. Medical bills, lost wages, future damages, and other out-of-pocket expenses can all be recovered with the right evidence.
The bad news is that Maryland does cap non-economic damages in medical malpractice cases. These damages cover the emotional and physical pain victims experience. This includes physical pain from adverse reactions and long-term damage, emotional trauma, diminished quality of life, and many other losses.
However, non-economic damages will be limited to $905,000, regardless of the actual level of pain and suffering, according to § 3-2A-09. This limit increases by $15,000 each year on the first January.
Contact Our Medication Error Lawyers in Maryland Today for Help Filing Your Claim
Contact Rice Law today at (410) 694-7291 for a free, confidential case assessment with our medication error attorneys in Maryland.