You could hold a negligent property owner accountable if you were injured due to a deck collapse accident. Your lawyer serving Atlanta could argue that because the deck was not safe for use, whether because it was damaged or not up to code, you deserve compensation.
An Atlanta personal injury lawyer from Kaine Law who serves the greater Atlanta area can work to resolve your case at no up-front or out-of-pocket cost to you. You do not have to recover from your injuries while handling a personal injury case at the same time.
What Could Make a Property Owner Liable for Your Damages?
Your case would be classified as a premises liability case if you were injured due to a deck collapsing, and you could be owed compensation if you can prove that the property owner’s negligence caused your losses.
This could happen in situations where:
- The deck was still under construction, but there was no signage alerting you to that.
- The owner did not build the deck following local construction ordinances.
- The deck was damaged but still available for use.
- The deck was made with insufficient materials.
Our team can consult with contractors who can attest to the safety of the deck that harmed you. Additionally, we can visit the accident scene, talk to eyewitnesses, and read the incident report to learn more about what happened.
If we find that your accident was due to the property owner’s inability to maintain the premises, you could be owed compensation.
For a free legal consultation with a deck collapse accident lawyer serving Atlanta, call our team at Kaine Law.
For a free legal consultation with a deck collapse accident lawyer serving Atlanta, call 404-214-2001
You Must Abide by Georgia’s Personal Injury Statute of Limitations
O.C.G.A. § 9-3-33 says that:
- You have two years from the date of your deck collapse accident to file a lawsuit.
- You have two years from the date of your loved one’s passing to file your wrongful death lawsuit.
Certain exceptions may apply, but you should not make any assumptions. Let your Atlanta lawyer taking deck collapse cases determine how long you have to file your lawsuit. If you do not promptly connect with our team, we may be unable to file your case within the appropriate time frame.
Atlanta Deck Collapse Accident Lawyer Near Me 404-214-2001
Examples of Recoverable Damages in Your Case
We will review your receipts for damages, talk to economists, and interview your family members to calculate the value of your case. Your case can comprise both economic and non-economic damages, which can include:
Pain and Suffering
The value of your pain and suffering rests on things like your quality of life and daily pain levels. Every insurer uses a different method to calculate this expense. We can explain more about this loss’s value once you bring your case to us.
Medical Bills
Your healthcare expenses will include the reasonable cost of treating your injuries. Compensation in your case could account for medications, in-home help, and physical therapy – among other expenses.
Lost Wages
Being injured in a deck collapse accident can result in broken bones, blood loss, and head trauma. You may be unable to continue working either in the long-term or short-term. If so, you could recover your lost bonuses, tips, employee benefits, promotions, and hourly rates.
You could also recover compensation for loss of future earning capacity if you will be unable to work the same number of hours or in the same profession.
Disability
If your injuries permanently affect your ability to work or function in your day-to-day life, you could secure financial recovery for your physical and emotional hardships.
Wrongful Death-Related Expenses
If you lost a loved one due to a deck collapse in Atlanta, our team could help you secure compensation for the following damages:
- Loss of consortium
- Your loved one’s medical bills
- Your loved one’s lost income, parental support, and household benefits
- Funeral expenses, including the burial plot, cremation, and funeral service
You could recover other types of losses depending on your relationship with your loved one, as well as other details of your case.
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How do Deck Collapses Happen?
Collapses could occur if a deck is old or wasn’t constructed according to building code. Specific causes of deck collapses also include the following:
Ledger Board Failure
Most decks are connected to houses using a ledger board, and older ledgers are occasionally attached to a wall using only nails. A failure here, including one involving rusty bolts or fasteners, can take out the entire deck.
Foundation Deterioration or Failure
Foundation supports must be installed to sustain the deck’s weight. Strong winds could tear the ledger board from the house when they are not in place.
Dry Rot
Deck supports are often constructed of wood, so they are vulnerable to dry rot, which can decay wood. Dry rot can cause the wood to fall apart or powderize. However, it can be avoided through proper construction and maintenance that effectively seals out water. Deck supports that do not receive this care in design and upkeep can deteriorate, leading to collapse.
When decks become overburdened for one of the following reasons, even those on newer buildings may collapse:
- Embedded hot tub or pool
- Cumbersome appliances, such as air conditioner compressors
- Overabundant deck furniture
- Over-occupancy (too many people on the deck)
The deck’s age can substantially impact all causes of deck collapses. Georgia property owners are responsible for the safety and maintenance of their premises. They are expected to make sure that they are not lax in repairing structures such as decks or that they don’t become overburdened. Should any accident and injury result from a property owner’s carelessness in maintaining a deck, they may be found liable for related damages.
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Deck Collapse Accidents and Injuries
When a deck collapses, any person present can suffer severe injuries. While each of these accidents can be vastly different from the next, certain injuries commonly occur in many deck collapse cases, such as the following:
- Neck, back, and spinal cord injuries – These injuries vary in severity from mild neck pain to serious damage, such as the dislocation of discs. They can prevent victims from working and performing everyday activities in particularly severe cases. The spinal cord is a particularly vulnerable body part and, when subjected to an injury, can result in nerve damage and possibly cause paralysis.
- Head injuries – Falling when a deck collapses can lead to severe head injuries that cause seizures and traumatic brain injury (TBI). If these injuries are sustained, the victim may never fully recover from their accident.
- Rib injuries – The rib cage protects many of the body’s vital organs, and when it breaks, the entire system under it is at risk of extensive damage. For example, broken ribs can cause a lung to puncture, leading to breathing difficulties and requiring hospitalization. (Mayo Clinic)
- Broken bones – The force of falling during a deck collapse can break bones that take a prolonged time to heal, such as a broken or fractured pelvis or hip. These injuries could prevent victims from working and returning to their previous life activities for some time.
- Internal bleeding – Bleeding related to organs such as the bladder, kidneys, liver, pancreas, and spleen can be difficult to treat and, in some cases, can result in fatal injury.
- Lacerations – Lacerations are often caused by broken or splintering wood. Cuts may seem minor but can be excruciating and leave extensive scars that never fully heal.
What You Should Do after Getting Hurt in a Deck Collapse Accident
We hope that by the time you read this, you have already sought medical care. The information you get from your doctor, including your medications, imaging scan results, and medical records, can prove that you were hurt in the first place.
Moreover, you do not want the other party to dispute the cause of your injuries. Even if they were present when the accident happened, they might argue that you made your condition worse because of your inability to seek medical care.
Additionally, here are some other recommendations in the aftermath of getting hurt:
Consider How a Lawyer from Our Firm Can Help You
You have every right to represent yourself “pro se,” meaning that you can serve as your own legal counsel. However, if you are unfamiliar with the court system or the legal process in general, you could be at a disadvantage.
Our firm can:
- Attempt to negotiate a settlement
- Calculate your losses
- Read over the liable policy
- Identify the negligent party
- Investigate your circumstances
- Manage all necessary communications
- Advise you on your options (and any viable settlement offers)
- Protect your right to fair compensation
We will also abide by all deadlines and time frames surrounding your case.
Collect Documentation of Your Damages
Your case will not have a predetermined value. For instance, deck collapse accidents are not automatically worth a certain amount of money. Your losses will be dependent on the types of injuries you suffered, as well as the necessary medical treatment you required.
You should keep track of all billing statements, receipts, and invoices related to your damages. You should also write down your post-accident experiences in a pain journal, which can be used to assert the nature of your condition.
Call Kaine Law Today If You Are in Pain
A lawyer from our Atlanta firm can seek financial recovery for your deck collapse-related medical bills, lost wages, and more. During your free case review, you can learn more about what it’s like to work with our team. Feel free to bring up any of your questions and concerns.
Call or text 404-214-2001 or complete a Free Case Evaluation form
