Fry | Goehring successfully helps the injured recover the compensation they deserve.
Marietta Personal Injury Lawyers
An injury can affect your ability to work, cause expensive medical bills, and even affect your quality of life. Some injuries require months or even years of treatment to recover from, altering daily life for you and your loved ones. When a devastating injury is caused by the recklessness of another person, they should be held responsible for paying for the damage they caused.
How Do I Know If I Have a Personal Injury Case?
If you suffered from an injury that caused you to spend money on medical care, medications, and treatments or caused you to miss time at work, you may have a personal injury case.
If your injury is due to an incident or accident that wouldn’t have happened if someone else had been following the rules, obeying the law, or behaving responsibly, you may have a personal injury case.
Every situation is unique, and bringing a personal injury case to trial in Georgia has certain risks. If you think you have the grounds to sue, it is best to discuss your case with a personal injury lawyer Marietta, in order to get individual advice.
What Is Negligence?
In order to win a personal injury case, you will be required to prove negligence. Negligence is a legal term that refers to a failure to behave with reasonable care for the well-being of others. Negligence has two parts:
Duty of Care
In a way, we all have a duty of care in every situation. When we drive, we have a legal responsibility to drive with care for the safety of other drivers, which requires us to obey speed signs and traffic signals and drive safely in road conditions. At work, our employers have a duty of care to provide a safe and healthy workplace and take steps to avoid hazards and accidents. A manufacturer has a duty of care to sell products that are safe to use and perform as advertised. In most cases, the “duty of care” simply requires us to avoid behaving recklessly without regard for other people.
In some professions, the “duty of care” has a higher standard. A medical professional has an extra responsibility to act in the best interest of their patient beyond simply avoiding doing harm. Lawyers and accountants are likewise required not just to avoid professional errors but also to work for the benefit of their clients. Many professionals and people in authority are expected to act with a higher standard than a normal person and have an increased duty of care.
Negligence is the failure to uphold the duty of care. Negligence is careless behavior that causes someone else harm when the harm could have been prevented by ordinary precaution. For most people, negligence is the failure to act with ordinary care and take reasonable precautions against accidents or injuries. Again, certain professions may be held to a different standard of negligence, and professions like doctors and lawyers have specific guidelines for their industries.
For most people, negligence is simply the failure to use common sense. If someone’s behavior is obviously careless or reckless, they may be guilty of negligence.
Understanding Georgia’s Comparative Fault Law
U.S. states have different laws regarding liability in cases of negligence. George is a “modified comparative fault” state, which affects how damages are awarded in a personal injury lawsuit.
“Comparative fault” or “comparative negligence” is a rule that allows both parties to be held responsible for damages in a personal injury case. While one person may have caused the injury, the other person may have made it worse.
The idea that both parties may be partially responsible and then have their damage award adjusted proportionally is called comparative fault. For example, if a driver runs a stop sign and hits another car, they may be guilty of negligence. But if the second car was speeding, making the accident worse than it would have been otherwise, they can be held partly responsible for the damages.
“Modified” comparative fault is a Georgia rule that says if a person is more than 50% responsible for their damages, they cannot collect any award in a personal injury case. If a judge finds that you were responsible for half of your own damages, the other person doesn’t have to pay anything at all. For example, if a person slipped and fell on a puddle of water in a grocery store, they may sue for personal injury.
That said, if there was a sign warning people to be careful, and an employee was on the way to clean up the water, the person who fell may be the one who is mostly responsible for the accident. A judge may find that they cannot collect damages in their case.
Georgia’s modified comparative fault laws make personal injury lawsuits more complex and reduce the amount of damages you may recover in your case. It also means that if you are bringing a lawsuit, the other side will examine all the evidence very carefully, looking for any small way in which you may have contributed to the damages. You need an excellent Marietta personal injury lawyer to fight for every percent.
Will I Have to Go to Court for My Personal Injury Case?
You do not always have to go to court to win a personal injury lawsuit. In many cases, the parties can negotiate an agreement and settle the lawsuit without going to court. However, it is always important to choose a personal injury law firm with courtroom experience and a track record of winning cases in court. Choosing a personal injury lawyer, Marietta, with courtroom experience, will help your case if it needs to be argued in front of a judge, but it may also help to make the other side more willing to reach a settlement. You always need an attorney who is willing to fight to win your case.
How Long Can I Wait to File an Injury Claim?
In Georgia, there is a two-year statute of limitations on personal injury cases. You have two years from the date of the accident to file your claim. It is always best to speak with a personal injury lawyer, Marietta, as soon as possible after the accident so your claim can be investigated quickly. As years go by, memories fade. It may be more difficult to find evidence or locate witnesses, and your case becomes weaker.
If you have a personal injury lawsuit that is more than two years old, you should still speak with an attorney to find out if there may be an exception in your case.
Talk to a Marietta Personal Injury Lawyer for Free
If you or a loved one have been injured due to the negligence of another person, you can speak with the legal team at Fry | Goehring. Our experienced trial attorneys treat you with compassion and are willing to fight for your rights. We have been helping residents of Marietta recover from personal injuries since 2011. Contact us online today or call 404-969-1284 for your free consultation.
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