Personal Injury

Individuals who have been personally injured by the negligent or intentional act of another are entitled to compensation for their losses, as are consumers who have been hurt as a consequence of a defective product. Family members who have tragically lost a loved one due to such incidents are also likely entitled to compensation. While The Kalka Law Firm handles a wide variety of Personal Injury cases, the following is a very brief list of common circumstances in which such injuries may occur:

Animal and Dog Bites
Assisted Living Negligence
Automobile Accidents
Commercial Vehicle Accidents
Boating Accidents
General Negligence Liability
Hotel and Apartment Liability
Motorcycle Accidents
Nursing Home / Hospital Negligence
Premises Liability / Slip & Fall Accidents
Product Liability Accidents

Individuals who have been injured by the negligent or intentional act of another, or by the defectiveness of a product, are best-served by retaining the assistance of an attorney. The Kalka Law Firm, LLC represents such Clients throughout Georgia, and we pursue verdicts for our Clients in both Federal and State court. Our objective in Personal Injury matters is to satisfy the immediate needs of our Clients while simultaneously pursing their long-range objectives. From the initial consultation to the receipt of a settlement or award, our team is devoted to providing our clients with the finest legal services available.

Our attorneys represent Clients throughout the state of Georgia, the Counties of Fulton, DeKalb, Cobb, Rockdale, Gwinnett, Bibb, Whitfield, Clarke, Richmond, Chatham, Muscogee, Floyd, Houston, Dougherty, and Lowndes, including the cities of Atlanta, Decatur, Alpharetta, Duluth, Stone Mountain, Covington, Peachtree City, Marietta, Conyers, Savannah, Smyrna, Jonesboro, Lawrenceville, and Sandy Springs.

Animal and Dog Bites


Dog/Animal Bites - Overview

Every year, thousands of Americans are bitten by animals -- most often dogs. In many cases, a person bitten by an animal may have a legal right to recover damages from the animal's owner or another responsible party.

If An Animal Bites You

The first thing you should do if you are bitten by an animal is to seek medical attention immediately. If you are not treated, an animal bite can cause serious injury, infection, and even death if the animal was diseased. Once you have been medically evaluated, you should also consider consulting a lawyer with experience in animal bite cases. An attorney will be able to tell you whether you have a legal claim, and what damages you may be able to recover.

An attorney will ask you for detailed information about the circumstances surrounding your animal bite. At a minimum, you should provide the name and phone number of the animal's owner. If you don't have this information, a neighbor or a witness might be able to provide it to you. Also, if there were witnesses, you should get their names and contact information as well.

Owner Liability for Dog/Animal Bites

In deciding who is responsible for an animal bite, the first thing to determine is: who is the owner of the animal? Some states impose what is known as "strict liability" upon animal owners whose animals bite or attack others. Under the theory of strict liability, an owner is legally responsible ("liable") for an animal bite, regardless of whether the owner did anything wrong with respect to protecting others from attack. Under this theory, even if the owner had no reason to know that his or her animal was dangerous, if the animal bit someone, the owner would still be liable. In other states, the owner of an animal can be held liable for the injuries it inflicts, provided that the owner knew (or had reason to know) that the animal had "dangerous propensities." In other words, if an animal owner knows that his or her animal is dangerous and could cause injury to a person, the animal owner can be held liable for the animal's harmful actions.

Determining whether an owner knew of an animal's "dangerous propensities" can be difficult. The first question that often arises in making this determination is whether the owner needs to know of the particular animal's potential for harm, or whether the owner only needs to know that type of animal is potentially harmful. For example, when a person has a pit bull as a pet, does that mean the owner knows or should know the pet will be harmful, just because, in general, pit bulls can be harmful.

Assisted Living Negligence

Assisted living facilities offer less care than nursing homes, offering help to seniors and other individuals who are not fully independent but not yet ready to enter a nursing home. Unfortunately, residents can fall victim to abuse in an assisted living facility. Assisted living abuse may take many forms, including physical, sexual, or financial abuse, intentional overmedication, or verbal abuse. Seeking help for assisted living abuse is never easy, but filing a lawsuit may prevent future abuse. If you or someone you love has been affected by assisted living, please contact us. Our medical malpractice attorneys will be happy to review your case.

Seniors who need assistance with their daily activities and their families often turn to assisted living facilities for help with cooking, bathing, medications, and other activities of daily living (ADLs). Assisted living negligence happens when members of the facility fail to provide the care that was promised. Forms of assisted living negligence may include deprivation of adequate hygiene, medication, or food.

Automobile Accidents

Thousands of people are injured or killed every year in car accidents, and car accident figures have reached such numbers that they are thought to become the main cause of preventable death over the next fifteen years. Road accidents are the most popular cause of personal injury claims, and whether you were the driver or passenger in a car accident, or even if you are a pedestrian involved in a car accident, you could be entitled to compensation for pain, suffering and injury caused by a road traffic accident that was not your fault.

Some of the claims that you may be able to make include:

• Claims against an uninsured driver
• Claims for serious injuries
• Claims for medical expenses caused by a car accident
• Claims for loss of income
• Claims for defective vehicles
• Claims for pedestrians involved in car accidents

The Kalka Law Firm specializes in legal assistance for those involved in a car accident that was not their fault. The potential for claiming compensation for a car accident that was not your fault and caused injury or harm is high. Traditionally, these costs were covered by just the insurance companies. However, our firm will fight to get you compensation for all losses such as medical expenses, loss of earnings, and harm caused by the accident. In addition to this, our firm can help in situations where the person at fault was not insured and therefore cannot pay through the insurance.

When you seek legal assistance in order to claim compensation following a car accident that was not your fault, you may have to provide medical evidence. In some states you can make a claim if you fall under one of the following:

• A loved one is killed
• You suffer a fractured bone or multiple fractures
• You suffer a permanent disfigurement
• You suffer the loss of a sense/senses
• You suffer the loss of a limb
• You suffer debilitating injuries such as spinal or brain injury

It is important to seek assistance and advice from a qualified and experienced attorney as soon as possible following the incident. You may be limited for time when it comes to claiming compensation, so it is important to seek advice as soon as possible.

Our experienced attorneys can help you to get the compensation you deserve to cover any costs incurred due to the accident, such as medical expenses. We will also be able to get you compensation for pain, suffering and injury by putting together a solid and watertight case. If you are able to provide medical evidence of injury caused by the accidents, then this can really help your case. Even if you are unsure as to whether you have grounds to make a claim, it is worth going to see a lawyer, as we will be able to determine the viability of your case based on the facts and evidence.

Whatever type of injury you have sustained from a car accident that was not your fault, and however small or insignificant it appears to be, you should always seek both medical and legal assistance immediately following the accident. Delaying the process could mean a delay in diagnosis or treatment, and could also make the difference between a successful claim and ineligibility to file for compensation against the person responsible for your injuries and loss.

Commercial Vehicle Accidents

If you have been injured in a motor vehicle accident involving a commercial vehicle or any other vehicle in Georgia the sooner you contact an attorney the greater your chances of making a full financial recovery. The commercial vehicle accident lawyers at The Kalka Law Firm, LLC are experienced in representing victims of taxi accidents, truck accidents, delivery vehicle accidents (including delivery trucks, autos and bicycles), and other commercial vehicle accidents throughout the State of Georgia.

Many commercial vehicle accidents occur because profits are more important than safety to some transportation companies. If we can prove that companies deliberately violated safety rules, we may be able to collect punitive damages in addition to compensation for medical expenses, lost wages, pain and suffering, and any disfigurement/disability that results from the accident.

Boating Accidents

Typically, powerboats such as runabouts, cabin cruisers and jet skis are the most common watercraft to be involved in boating accidents, although sailboats can be involved in accidents as well. The most frequent sources of injuries are caused from propeller accidents and collisions. Because personal watercraft such as jet skis can’t be steered when the throttle is released, inexperienced drivers often have collisions when confronted with an emergency. Serious personal injury and even death can occur due to a boating collision or from a person falling over the side of a watercraft and drowning.

As the operator of a vessel you are required by law to file a formal, written report of an accident. There are four conditions that require you to fill out and send in a boating accident report.

A Boating Accident Report Must Be Filed If:

• A life is lost due to the accident
• Someone is injured and requires medical attention beyond first aid
• There is damage by or to the vessel and other property
• Any person onboard a vessel disappears (under circumstances indicating possible death or injury)

Boating Accidents Include

• Capsizing
• Falls Overboard
• Collisions
• Sinking/Flooding
• Explosions
• Disappearance
• Fire

* Damage is determined by federal regulation to be reportable when it exceeds $500 or there is complete loss of the vessel (Note: many states have set a limit less than $500 - contact the local boating authority to determine the amount)

• 48 hours of the occurrence if a person dies within one day (24 hours of the accident)
• 48 hours if a person is injured and medical treatment beyond first aid is required

General Negligence Liability

Some accidents happen as a result of a failure to exercise ordinary care. Premises liability, inadequate security, improper maintenance, and dangerous structural design are examples of general negligence cases.

The one thing in common with all of these cases is that no one was intentionally injured. The owners or operators were careless - negligent - and that negligence resulted in serious injuries.

An injury or death caused by negligence is still cause for the victim and his or her family to receive compensation for their losses. Negligence is nothing more than a failure to use appropriate care.

If you or a loved one has been seriously injured or killed through the negligence of another, our firm will help you get what you deserve. Don't make the mistake of thinking that just because something was "just an accident," you or your loved one shouldn't be compensated for the injuries or death.

Hotel and Apartment Liability

Hotels and apartment complexes usually have an obligation to maintain property in a safe condition, to protect their employees, patrons, and renters from injury. Common injuries include elevator accidents, swimming pool accidents, burglary, robbery, parking lot rape, sexual assaults, and murder that result from inadequate or negligent security.

Motorcycle Accidents

All motor and road accidents can be dangerous, but motorcycle accidents can result in particularly severe injuries. Motor accidents are the leading cause of death between 6-33 year olds in the United States, and when it comes to motorcycle accidents around 3,000 cyclists are killed each year. Many others are seriously injured and undergo serious life changes and disabilities due to motorcycle accidents. As far as statistics go, in most cases a motorcycle accident is not actually the fault of the motorcyclist but of the driver of the car, van, truck, or other vehicle – in a large percentage of cases the other driver was simply unable to see the motorbike; however, this does not excuse them from blame.

Motorcycle accidents often result in very serious injuries or death, and it is therefore important for those involved in a motorcycle accident to contact an experienced lawyer in order to recover costs for injury, distress, loss of wages, medical expenses, and other damages caused as a result of the motorcycle accident. It is also important to take certain steps immediately following the accident wherever possible. Of course, this may not always be possible, as the accident could result in too serious an injury on unconsciousness. However, you should try to:

• Remain at the scene of the accident.
• Call the police immediately or have someone call the police for you.
• File a police report as soon as the officers arrive
• Seek immediate medical attention, even if you think you are not injured. You may have injuries that will come to light later.
• Get the license number, personal and insurance details, and name of the other driver involved.
• Ask for the details of any witnesses present at the accident scene.
• See legal assistance as soon as possible.

Being involved in a motorcycle accident can result in severe shock, so any injuries may not be immediately apparent. However, you should not let this apparent lack of injury put you off getting medical attention immediately, as this will be key to filing for compensation as a result of your accident. Likewise, wherever possible try and get witness statements, file your police report straight away, and get all of the relevant details from the other driver, as these will prove very useful when you claim for compensation for the injuries and damages that result from the motorcycle accident. If you are the relative of someone that has been killed in a motorcycle accident it is also important to seek legal representation right away in the event that the fault was the other drivers.

Our attorneys will evaluate all of the facts surrounding the accident in order to get you the maximum amount of compensation possible for your motorcycle accident injuries. We will be looking to get compensation for mental or physical injuries, damage, loss of earnings, medical expenses, and any other damages resulting from the motorcycle accident. Our attorneys will be able to gather all of the relevant information and collate the necessary details to maximise your chances of a successful lawsuit as well as get you as much compensation as possible for the damage and expenses incurred as a result of the motorcycle accident.

Nursing Home / Hospital Negligence

We rely on hospitals and long term care facilities to provide a healthy, safe environment. Seniors and individuals seeking custodial care and medical attention therefore expect custodial and healthcare services from Georgia nursing homes and hospitals to be healthy and safe. When medical malpractice, administrative negligence, or elder abuse results in serious injuries, however, an experienced trial attorney can help.

At the Kalka Law Firm we provide effective legal representation for nursing home residents and hospital patients who have suffered damages due to negligence.

Nursing Home Negligence
• Malnutrition
• Failure to monitor
• Bed sores / pressure sores / decubitus ulcers
• Dehydration
• Physical abuse by nursing home staff
• Inadequate staffing / Inadequate training
• Wrongful death

Hospital Injuries
• Slip and fall accidents - wet or slippery hospital floors
• Early discharge - resulting in re-injury, undiagnosed complications
• Hazardous property conditions - inadequate warning signs

Premises Liability / Slip & Fall Accidents

The legal theory of "premises liability" holds owners and occupiers of property legally responsible for accidents and injuries that occur on that property. The kinds of incidents that give rise to premises liability claims can range from a slip and fall on a public sidewalk to an injury suffered on an amusement park ride.

The liability of owners and occupiers of property will vary depending on the legal rules and principles in place in the state where the premises liability injury occurred. In some states, the court will focus on the status of the injured visitor in determining the liability of the owner or occupier. In other states, the focus will be on the condition of the property and the activities of both the owner and visitor. (Note: an occupier or possessor of land, such as an apartment tenant, is treated in the same manner as a landowner in many situations.)

Legal Status of Visitor: Invitee, Licensee, or Trespasser

In states that focus only on the status of the visitor to the property, there are generally four different labels that may apply: invitee, social guest, licensee, or trespasser. An invitee is someone who is invited onto the property of another, such as a customer in a store. This invitation usually implies that the property owner/possessor has taken reasonable steps to assure the safety of the premises. A licensee enters property for his own purpose, or as a social guest, and is present at the consent of the owner. Finally, a trespasser enters without any right whatsoever to do so. In the case of licensees and trespassers, there is no implied promise that reasonable care has been made to assure the safety of the property. In many states that look to the legal status of the injured person, the trend is toward distinguishing only between those lawfully on the property (invitees, social guests, licensees) and those on the property illegally (trespassers).

Condition of the Property and Nature of Activities

In states where consideration is given to the condition of the property and the activities of the owner and visitor, a uniform standard of care is applied to both invitees and licensees. This uniform standard requires the exercise of reasonable care for the safety of the visitor, other than a trespasser. In order to satisfy the reasonableness standard owed to invitees and/or licensees, an owner has a continuing duty to inspect the property in order to identify dangerous conditions and either repair them or post warnings as appropriate. An owner can be found liable if he or she has knowledge of a dangerous condition, fails to take reasonable steps to fix that condition (or warn visitors), and a visitor suffers an injury as a result.

Determining whether the standard of reasonableness required by an owner toward licensees (and in some states, both licensees and invitees) has been met requires an examination of numerous factors including:

• Circumstances under which the visitor entered the property;
• Use to which the property is put;
• Foreseeability of the accident or injury that occurred;
• Reasonableness of the owner/possessor's effort to repair a dangerous condition or warn visitors.

Trespassers on Property

With respect to trespassers, if the owner knows that it is likely trespassers will enter the property, he or she may be charged with a duty to give reasonable warning to prevent injury. This requirement applies only with respect to artificial conditions that the owner has created or maintains, and knows may be likely to cause serious injury or death. However, even in cases where there is a dangerous artificial condition, a landowner does not necessarily need to give warning to potential trespassers if the condition is obvious.

Children on Property

A landowner's duty to warn is different with respect to children who are not authorized to be on property. A property owner/possessor must give warning if he or she knows (or should know) that children are likely to be on the premises, and that a dangerous condition on the premises is likely to cause serious bodily injury or death. In order to find liability, the owner/possessor's need to maintain the dangerous condition (and the burden of eliminating it) must be low when compared with the risk to children, and the defendant must have failed to exercise reasonable care to eliminate the danger or otherwise protect children.

Product Liability Accidents

The products you purchase from retail stores, wholesaler, supermarkets, or specialty outlets are manufactured with an implicit guarantee that the item is not defective and that the purchaser of the said item come to no harm or foul if the manufactured product is used in its intended manner.

An individual who has been loaned or given a defective or negligent product can also file product liability claims.

Our Firm can help you when a product causes personal injury or damages to property by assessing the personal injury or damages done by the negligent or defective product and estimate a compensatory sum. Then the lawyer will file a claim against the manufacturer, or the party responsible for the flaw in the product, to hold them liable for the injuries or damages incurred.

Our attorneys will gather evidence substantial enough to show that the product was indeed defective and present the evidence in court.

What are the main areas related to Product Liability? There are three main categories designated for defective products, which may result in product liability claims:

1. Design Defects – flaws in the item’s conceptual design 2. Manufacturing Defects – specific defects which occur during the manufacture of the product 3. Defects in Marketing - improper instructions or failures to elucidate consumers of potential and latent dangers in the product.

Here is a short list of common defective products that have a high potential for injury:

• Automobiles and Automobile Products (including Auto Recalls, Tires, Car Seats, Safety Belts Seats, Brakes etc.)
• Foods from Grocery Stores, Fast Foods and Edible Products
• Medicines (Pharmaceuticals, Over-The-Counter, Prescriptions, Diet Pills, Homeopathic Solutions, etc.)
• Cosmetics (mascara, eyeliner, lipstick, etc.)
• Medical Devices, Rehab Heath Care Products
• Baby Strollers, Baby Feeding Bottles
• Children's Toys, Children Swings, Bikes, Sporting Goods