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Cases We Handle
Personal Injury
Personal Injury Lawyers in Cumming
Unexpected injuries can impact your physical, mental, and emotional well-being and can upheave your life in an instant. In addition to the pain and suffering that come with severe injuries, you may also face significant financial hardship due to medical bills and lost wages.
Fortunately, Georgia has personal injury laws in place to help those who have been victims of other parties’ negligence. The problem is that most of these cases are hard to navigate because of the many elements that come into play. That’s why you need representation from a seasoned Cumming personal injury lawyer.
At Fry | Goehring, our skills and experience come in handy when building a solid personal case and helping you seek the settlement you deserve. We are ready to fight for your rights and interests throughout the claims process. Call us today at 404-969-1284 to understand how our Cumming personal injury lawyers can help.
How Do I Know If I Have a Personal Injury Case?
Dealing with a personal injury claim can be overwhelming for many. There is ambiguity in what to do, including gathering evidence, hiring a lawyer, filing the correct paperwork, and going to trial. You know you have sustained injuries but can’t tell if you have a case. And if you can make a claim, you may wonder whether the time and resources spent will be worthwhile.
Unfortunately, there’s no one-size-fits-all answer. Determining whether you have a case depends on specific factors like the type and severity of the injury and the party at fault for the accident. Many types of accidents can be classified as personal injury cases in Georgia, including:
- Auto accidents: Car accidents happen all the time and can cause all kinds of injuries, ranging from minor bruises to traumatic brain injuries.
- Premises liability: When a person is injured due to a dangerous condition on another party’s premises, the victim can file a personal injury claim, holding the property owner liable.
- Medical malpractice: This occurs when a practitioner injures a patient in the form of misdiagnosis, surgical error, wrong prescription, or poor aftercare.
- Product liability: A person injured by using a defective product, such as a drug or beauty product, can sue the manufacturer, supplier, or retailer.
- Dog bites: Some dogs are hostile and can bite even when unprovoked, causing injuries. When this happens, the pet owner can be held liable, and the victim can file a personal injury claim.
What Is Negligence?
Most personal injury cases in Cumming are based on proving negligence. This can be defined as the failure of a person or entity to use reasonable care to help prevent injury to another party. Four elements of negligence must be established for you to recover damages in a personal injury case. They are:
1. Duty of Care
In Georgia, everyone is legally obligated to exercise reasonable care by conducting themselves or handling their property in a manner that doesn’t injure others. This is known as a duty of care. In a slip and fall case, for example, a property owner is expected to prevent potential hazards like slippery floors and faulty elevators that could cause injury.
2. Breach of Duty of Care
This element of negligence involves showing that the other party did not act as a reasonable person would have in a similar situation. Examples of breaching a duty of care include speeding, failure to include instructions on consumer products, or failure to fix a pothole in a parking lot.
3. Causation
The third aspect involves showing that a lack of care for the duty they owed you also led to the accident and injuries or losses.
4. Damages
Lastly, your Cumming personal injury lawyer must show that you experienced significant injuries or losses due to the accident. Typical damages include medical expenses, pain and suffering, lost wages, emotional distress, and more.
In a slip-and-fall accident, for example, you may recover damages if you fell and broke your arm. If the accident left you unharmed, then you wouldn’t have a valid personal injury case.
Understanding Georgia’s Comparative Fault Law
Anyone involved in a personal injury case in Georgia must understand the state’s comparative fault laws. Learning how they work and how they can affect your case can help you better protect your rights and allow you to seek maximum compensation for damages.
Comparative fault laws determine the level of responsibility for each party involved in a personal injury accident. It is important to note that Georgia follows the modified comparative negligence law, which stipulates that a plaintiff can only recover damages if they are found to be no more than 50% responsible for the accident. If their liability is lower than this percentage, they may receive damages, but the amount will be less due to their degree of fault.
For example, if the total damages in an accident are $100,000 and you are found to be 40% at fault, you will only be entitled to 60% of the total damages, or $60,000.
As with all legal cases, your evidence and how it is presented play a crucial role in determining liability. A general rule of thumb is to have evidence that clearly shows the defendant’s fault, including photographs, camera footage, witness statements, etc. Also, keep in mind that, in some situations, multiple parties may be found liable for your accident. In such cases, comparative fault laws are used to determine each party’s degree of fault and how much they should pay for damages.
What’s the Importance of Legal Representation?
Navigating the laws stipulating comparative fault can be tricky, particularly when determining the degree of responsibility and calculating damages. As such, it is best to have personal injury lawyers in Cumming handle your case. Fry | Goehring understands the intricacies of the stakes involved, and our legal team can advise you whether you have a valid claim. Our Cumming personal injury lawyers can also build a compelling case and ensure that all your rights are protected throughout the process.
And if out-of-court talks don’t work out, our lawyers are ready to file a personal injury lawsuit and represent you in court.
How Much Does It Cost To Hire a Personal Injury Lawyer?
Many people fear seeking legal assistance, thinking they won’t be able to afford the fees. However, our experienced Cumming personal injury lawyers operate on a contingency basis. This is a structure where we are only paid for our legal services if we win your case. This is a low-risk payment structure since:
- The initial and additional consultations are free
- You don’t have to pay anything out of your pocket
- You don’t have to pay anything if the lawyers do not secure compensation
Do I Have to Go to Court for a Personal Injury Case?
No. In fact, most personal injury cases are handled outside of court. The legal fees and inconveniences that come with taking such cases to trial are simply not worthwhile, and many decide to avoid this route. However, this does not mean that it will be easy to secure a settlement. You need to have a solid case to show the insurance company that you deserve compensation. They will try all imaginable tactics to lowball you or deny the claim altogether.
An experienced Cumming personal injury lawyer can handle the negotiations to help you secure a fair settlement. If they do not come to an agreement, you may have no option but to take the matter to trial. Your lawyer will be ready to use their resources and skills to represent you in court. This is another reason to pick a legal representative with vast experience in Georgia personal injury law.
How Long Can I Wait to File an Injury Claim?
Georgia has stringent deadlines when it comes to handling personal injury cases. As per Georgia Code § 9-3-33, you have up to two years from the accident date to file a personal injury claim. If the deadline passes, you have no legal grounds to file a lawsuit and may lose your chance to secure a financial settlement.
Most plaintiffs tend to think that this is more than enough time and instead focus on treatment and recovery. However, delaying increases the chances of having a weak case. The other party may claim that your injury was not severe or was pre-existing, and waiting only gives them time to create other tactics that may work against you.
Witnesses are also integral to your lawsuit, and waiting may cause them to forget intricate details about the accident. As such, it is best to consult a Cumming personal injury lawyer immediately after the accident to assess your case. They will advise on essential deadlines and offer guidance on how to go about the case, even as you recover.
Consult Our Personal Injury Lawyers in Cumming Today To Get Started
Sustaining an injury due to another person’s negligence is never fair and can leave you suffering in many ways. However, making a successful claim is no walk in the park and involves a lot of complex tasks. An experienced personal injury attorney in Cumming can take on this burden and help you receive the compensation you deserve.
At Fry | Goehring, our attorneys are well-versed in Georgia’s comparative fault laws and the strategies insurance providers employ in order to deny claims. You can rely on us to help recover damages for your medical bills, property damage, lost wages, and more. Call us today at 404-969-1284 to schedule a free, no-obligation consultation and learn more about your legal options.
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