If you were impacted by a serious accident, you could be suffering from more than just the physical effect of your injuries. You might also be confused, anxious, and concerned about how you will pay for various expenses related to the incident.
When someone’s negligence causes an accident, the injured person could seek monetary damages from the negligent party with the help of a dedicated lawyer. Damages are meant to compensate the injured person for various losses, including medical expenses, lost wages, costs of treating psychological injury, and pain and suffering.
Negligence is at the root of many different types of accidents and proving it could be key to the outcome of your case. If you've been injured and believe that someone else may have been at fault, you need a legal ally who can advocate for your right to recover damages from negligent parties. Speak with a Roswell personal injury lawyer for legal advice and support in getting the compensation you deserve.
What is Negligence in a Personal Injury Claim?
Negligence is a failure to exercise a reasonable degree of caution or responsibility toward others. An injured person (plaintiff) might try to prove that another person (defendant) negligently caused the accident. If the plaintiff’s attorney can demonstrate the defendant’s negligence, the defendant could be liable for the damages caused by the incident.
Proving negligence is a four-step process. A skilled lawyer must show that the:
- The defendant owed the plaintiff a duty
- The defendant breached their duty to the plaintiff
- The accident happened because of the breach
- Plaintiff suffered harm because of the accident
In personal injury claims, “duty” does not require the plaintiff and the defendant to have a relationship with each other. Instead, this duty is the obligation to maintain a safe environment for others and behave the way a reasonable person would in similar circumstances.
Common Types of Personal Injury Accidents in Roswell
Local personal injury attorneys represent those harmed in various types of accidents. At Atlanta Personal Injury Law Group — Gore, we're familiar with the kinds of personal injury claims most commonly experienced in Roswell, GA. Common examples include:
- Motor vehicle crashes
- Drunk driving accidents
- Pedestrian accidents
- Trucking accidents
- Animal attacks
- Workplace accidents
- Defective product or dangerous drug injuries
- Medical malpractice
- Nursing home abuse
- Construction accidents
Our team of skilled personal injury lawyers has the legal expertise needed to handle each one of these types of claims skillfully. Your personal injury attorney can provide your case with personalized attention and pursue your claim forcefully to help you seek the justice you deserve.
Wrongful Death Claims
The tragic loss of a loved one can bring untold financial stress to the surviving family. If you believe that someone else's negligence may have led to the death of a family member, you may be eligible to pursue a wrongful death claim on their behalf.
In the state of Georgia, wrongful death claims are also determined on the basis of negligence. This negligence is established by proving that the duty of care was breached. The duty of care might imply that a known risk was not prevented. For example, if violating traffic laws led to a car accident that resulted in the loss of someone's life, the driver may be found in breach of the duty of care.
Our law firm is committed to helping individuals recover compensation after the untimely passing of a loved one. We have the resources and the power to take on even the most complicated of cases and will do everything in our power to advocate for your fair compensation. The personal injury lawyers at Atlanta Personal Injury Law Group — Gore can help you understand your legal rights in the event of a family member's wrongful death.
Multiple Negligent Parties in an Accident Claim
Many accidents result from multiple factors, and an injured plaintiff might have also contributed to the incident. Georgia is a modified comparative negligence state. This designation means that according to state law, your ability to recover damages from an accident is dependent on you not being found to have majority fault for it. According to the Official Code of Georgia Annotated §51-12-33, a negligent plaintiff could collect damages from other at-fault parties as long as they are found less than 50 percent responsible for the accident. However, a judge will reduce any award of damages by an amount that equals the plaintiff’s percentage of the blame. As such, it is important for an injured Roswell resident to work with a persistent attorney who could contest any allegations of fault.
Damages You Can Claim From a Personal Injury Case
The settlement money you ultimately receive upon the resolution of your case will depend on the extent of your damages as well as the circumstances unique to them. For example, punitive damages may sometimes be awarded to discourage further misconduct from the defendant. However, in general, compensable damages in a personal injury claim can be categorized as economic and non-economic damages.
These damages might include damages to personal property, such as a vehicle or personal belongings that were destroyed in a car accident. Medical bills, including past and future medical expenses related to your injury, surgeries, medications, and emergency room care, are also considered economic damages. A more serious injury will typically result in more expenses, and thus, higher damages awarded in a settlement.
You may also receive compensation for lost income or earnings. Should your injury prevent you from working while in recovery or if your injuries are so severe that you are unable to return to your former employment, the amount of these losses will also be factored into your settlement.
Claimants in personal injury lawsuits are also able to pursue non-economic damages caused by an accident. These include harder-to-quantify yet very real losses in quality of life, such as:
- Loss of enjoyment
- Emotional distress
- Loss of companionship or consortium
A skilled attorney at a personal injury law firm can help assess your losses and help you fight for maximum compensation.
Personal Injury Statute of Limitations
The law allows two years to bring a personal injury lawsuit seeking damages for injuries. A failure to file suit within that timeframe permanently closes off the possibility of holding a negligent person accountable in court.
Many of these personal injury actions are most effectively handled by negotiations rather than lawsuits. However, it is important for a plaintiff to preserve the option of filing a lawsuit to motivate a defendant or their insurance company to negotiate in good faith.
Plaintiffs often benefit by bringing an experienced attorney on board as soon as possible after their accident. This shows the defendants that they intend to seek justice and will not settle for an unreasonable amount. Having dedicated legal representation also reinforces that the plaintiff reserves the right to sue, if necessary.
How a Roswell Personal Injury Attorney Can Help
Personal injury cases can be complex. Without a skilled attorney, navigating insurance claims, liability, and damage appraisal can be daunting tasks. Our Roswell personal injury lawyers have helped thousands of clients recover millions of dollars in compensation for their injuries. Our attorneys have the experience needed to see your case through from start to finish by providing expert advice and laying the groundwork for your claim to reach a positive resolution. An experienced personal injury lawyer can help you pursue just compensation by:
Investigating Your Case in Detail
Our legal team will examine your case thoroughly in order to create a strong strategy around your claim. A skilled personal injury lawyer can help gather evidence, witness testimonies, and other information that can help reliably support your case and prove the extent of your damages.
Filing Paperwork and Navigating the Claims Process with You
Your attorney can help you understand the legal process and provide you with support and advice during this time. You can count on a seasoned team of Roswell personal injury attorneys to help you complete paperwork, help you understand how local laws may affect your case, and advise you on what your legal options are.
Negotiating Toward a Fair Settlement
A personal injury lawyer can reach out to your insurance company and that of the other party on your behalf and help you work toward maximum compensation. Your attorney can also help you identify which parties you'll need to pursue in order to seek damages and help you understand what you can expect throughout the process. For example, if you're injured in a traffic accident involving multiple vehicles, our Roswell car accident lawyers can identify all potential lines of insurance coverage and help you understand how these policies may affect your claim.
If Necessary, Representing You in Court
Most personal injury cases settle out of court. However, if necessary, your lawyer can also help you file a civil lawsuit and provide you with representation in a court of law. By working with a personal injury lawyer who knows the ins and outs of your situation, you're in the best possible position should litigation be necessary.
Reach Out to a Roswell Personal Injury Lawyer for Representation
If you have been injured, you need to focus your time and energy on getting better. Seeking a trustworthy legal advocate to negotiate a fair settlement on your behalf could be key in easing your financial burdens.
Our law firm is proud to serve Georgia residents by providing injury victims with powerful legal assistance in their personal injury cases. Each one of our dedicated lawyers has years of experience practicing law and a commitment to seeking justice for injured victims. After an accident, speak with a Roswell personal injury lawyer to learn your legal options for pursuing compensation. Call today to set up a consultation.
Can I Afford a Personal Injury Lawyer?
We believe that everyone deserves accessible legal assistance. Our attorneys operate on a contingency fee basis, meaning that we don't get paid unless you do. Our legal fees will be deducted from your settlement award, and we will always be transparent about what you can expect regarding your case outcome.
How Long Do Personal Injury Cases Take to Settle?
There's no way to say definitively how long your case will take to settle. Factors such as the number of defendants, the nature of the case, how willing the liable parties are to mediate, and whether the case necessitates going to trial will all have an impact on your personal injury case's timeline. A dedicated lawyer will ensure that you're up to speed on any and all developments as your case progresses and always be ready to address any concerns you may have.
Will I Get More Settlement Money With a Personal Injury Lawyer?
A skilled personal injury lawyer knows how to maximize your settlement like no one else does. Your attorney knows how to communicate with the insurance company, identify potentially liable parties, and negotiate toward higher compensation than someone without these legal qualifications. Additionally, a comprehensive knowledge of Georgia law means that your attorney is able to assimilate information about your case with a legal framework in order to create a plan that will optimize the results of your case for your benefit.
How Can I Find the Best Personal Injury Lawyers to Help With My Claim?
You should aim to find a team of personal injury attorneys with years of experience, abundant resources, and a passion for justice. Moreover, a great track record of success can help you know that when an attorney takes on your case, it's because they are confident that a positive resolution is within reach.