If you suffered serious injuries and think someone else was at fault, a personal injury lawyer can help you determine whether you have a case. The injury attorney will look at how the accident happened, the severity of your injuries, and who might be legally responsible.
Every situation is different, so it’s best to speak with an experienced Atlanta personal injury attorney to get a clear understanding of your legal options based on the facts of your case.
What Are Some Common Types of Accidents That Are Considered Personal Injury?
You can file a personal injury claim in Georgia if you get hurt because of someone else’s actions or carelessness. Many types of accidents can be the basis of an injury claim. Car accidents are the most common grounds for Atlanta personal injury cases. Drivers who speed, text, or break traffic laws often cause serious accidents that result in severe injuries and significant emotional distress. Truck and motorcycle crashes may cause accident victims catastrophic injuries, such as traumatic brain injuries and spinal cord injuries, because of the force of impact.
Slip and fall accidents often happen in stores, parking lots, or other public places. If property owners fail to fix hazards like wet floors or broken steps on their premises, and you get hurt as a result, you may have a right to recover compensation. Dog bites also give rise to many personal injury cases. Under Georgia personal injury law, you can hold a dog owner responsible for your injuries if they knew or should have known their dog might act aggressively.
Preventable medical errors and unsafe products can also cause personal injuries. If you suffered harm due to someone else’s negligence, an Atlanta personal injury lawyer can help you determine whether you have grounds to seek compensation to cover medical expenses, lost income, and non-economic damages for physical pain and emotional distress.
Our attorneys are skilled negotiators. They are able to reach a settlement with the insurance company in most personal injury cases. That allows the injured party to receive compensation more quickly.
What Are the Four Elements of Negligence That Must Be Proven for a Successful Personal Injury Case?
You must prove that someone else acted in a way that caused your injury to win a personal injury case in Georgia. This proof usually involves establishing the four elements of negligence, which include:
- Duty — You must show that the other person owed you a legal duty of care. This means they had a responsibility to act carefully and avoid causing injury. For example, drivers have a responsibility to obey traffic laws and watch out for others on the road. Store owners have a responsibility to keep their properties safe for visitors and warn of any property hazards.
- Breach of Duty — You must show that the other person failed to fulfill their responsibility. This failure can happen if someone acts in a careless or reckless way. A driver who runs a red light or a store owner who ignores a spill on the floor might be found negligent. Courts look at what a reasonable person would have done in a similar situation to determine whether a breach of duty occurred.
- Causation — You must show that the other person’s actions directly caused your injury. This means your injury would not have happened if the person had acted more carefully. For example, in motor vehicle accidents, if a driver hits your car because they were looking at their phone while driving, it’s reasonable to assume that their actions caused your injury.
- Damages — Finally, you must show that you are entitled to compensation because of the injury accident and your related losses. This can include the costs of medical treatment, lost wages, and pain and suffering. In other words, you must show that you suffered real, measurable losses to have a valid personal injury claim. If you did not suffer any physical injury or financial losses, then you do not have a case. Workers’ compensation benefits are the exclusive remedy for most workers injured in workplace accidents.
What Should I Do If I Have Been Injured in an Accident In Georgia?
If you suffered a personal injury in Georgia, you can take a few simple steps to protect your health and your legal rights. These steps can help you document that an accident caused your injuries. Take these steps as soon as you can:
Get medical care right away, even if your injuries seem minor at first. Some internal injuries may not be immediately obvious except to a medical professional. Medical records provide documentation of the accident.
- Follow your doctor’s instructions and keep all follow-up visits.
- Report the accident to the appropriate parties, such as the police or property owner. Get a copy of the accident report.
- Take photos or videos of your injuries, the accident scene, and anything that might have contributed to the incident.
- Collect names and contact details of any witnesses.
- Keep copies of all medical bills, records, and receipts.
- Avoid posting any comments about the accident or your injuries on social media.
- Talk with an experienced personal injury lawyer before you speak with insurance adjusters.
What Are the Different Types of Damages That Could Be Awarded in a Georgia Personal Injury Claim?
In a personal injury lawsuit, you may seek compensation from those who have legal liability for personal and financial losses you have suffered. This could include compensation for:
- Past and future medical expenses necessary to treat your injuries
- Incidental costs like travel expenses for medical appointments
- Income losses from work you missed due to your injuries
- Losses in your future earning potential fro long-term disability related to more severe injuries
- Personal losses like pain, suffering, and lost quality of life
Does Georgia Have a Statute of Limitations for Personal Injury Lawsuits?
Yes. Georgia’s statute of limitations allows two years to file most personal injury lawsuits. This means you have two years from the date of your injury accident to sue. If you miss the two-year filing deadline, you will lose the right to file a lawsuit and demand compensation from the responsible party. It’s best to contact a personal injury attorney as soon as possible after an accident to provide time to gather evidence while it’s fresh and prepare your case.
Contact a Georgia Personal Injury Lawyer
If you suffered a preventable injury and want to know if you have a right to seek just compensation for your losses, contact Bayuk Pratt now for a free consultation. Our dedicated legal team brings more than 50 years of combined experience to every personal injury and wrongful death case we handle. We take pride in the quality of legal representation we provide. Our law firm has recovered more than $300 million for our clients. Get in touch with us today to talk to an experienced personal injury attorney.
