How Do I Win My Case?

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Attorney Matt Kahn is here to tell you how to win your case!

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► Hi. My name is Matt Kahn, I’m an attorney with Butler Law Firm. Today I’m going to talk with you about how you can win your personal injury case.
► In Georgia the plaintiff, or the injured party, has the duty of proving four elements. The plaintiff has to prove that the defendant owed them a duty, that the defendant breached that duty, and that that breach of duty caused damages.
► I like to use an analogy to explain how we do that with my clients by using cups, and our job as your lawyer is to fill each of these cups. Once we fill those cups, then we can take the case to a trial or mediation and get a good result for you. I’m going to walk through how we go about filling each of those cups in a car accident.
► In Georgia, anyone who gets behind the wheel of an automobile has a duty to exercise reasonable care. That’s a question of law that exists in almost every car accident case, and so this cup is going to be full in any routine car accident case.
► Proving the breach of duty, we look to the rules of the road, the traffic laws in Georgia. So let’s say you were rear-ended, we would use that as evidence to show that the driver who hit you was following too closely. If your car accident happened in the intersection where you had a green light and they had a red light, then we would use that as evidence to show that they failed to yield or ran a red light, which is another infraction under Georgia law, and so all of that evidence would fill up the breach cup.
► Next you look to the causation, and so a good example in a car accident is a herniated disc in your spine. The defense will try to argue that you had preexisting herniations and that they weren’t caused by this car wreck that you’re suing their insured over. Sometimes it can help to have expert testimony through a doctor to explain that this impact is what caused this injury, and doing that is called proving causation. Typically we will have doctors testify to fill up the causation cup.
► The final cup is one of the most important cups. They’re all important, but the damages cup informs what your case is worth. This is going to include special damages, like medical bills and lost wages, and then intangible non-economic damages, like pain and suffering and discomfort, inconvenience to your daily living, so if you’re in a car accident, a driver rear-ends you and it causes you to have a broken leg, let’s say, and you have to have an emergency surgery to repair that break, those medical bills are going to be evidence of damages.
► Let’s say you missed two weeks of work while you’re having the surgery and recovering from it. The wages that you missed are going to also go into that damages cup, and then finally we’re going to look to the intangible non-economic damages, the pain and suffering, the fright from the impact, and fill that cup, and then once we fill all of those cups with evidence, then we have enough to take the case to trial.
► Sometimes the defense will file what’s called a motion for summary judgment, which argues that we haven’t done our job of filling one of these cups, but our job, and the reason it’s so important to hire a lawyer who knows what they’re doing, is that we make sure that each of these cups are filled so we know that we’re going to be able to take the case to trial or mediate and get a good result for you.
► If you have any questions about the personal injury process, how to win your case, or you or someone you know has been injured, feel free to give us a call and we’re happy to talk about it and evaluate your case. Our number is 678-400-6166. Thanks.



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