Fry | Goehring successfully helps the injured recover the compensation they deserve.
Roswell Personal Injury Lawyers
Every day, people receive severe and life-changing injuries from incidents that were not their fault. They may suffer from high bills for medical care and therapies, lost income from missed time at work, and other challenges on the road to recovery. In order to hold the guilty person accountable and make them pay for these costs, you may need to file a personal injury lawsuit.
How Do I Know If I Have a Personal Injury Case?
If you have been injured in a car accident or motorcycle accident, suffered from medical malpractice or medication error, been bitten by a dog, or suffered some other kind of injury, you may have a personal injury case.
In order to prove a personal injury case, you need to demonstrate the following four elements:
- Duty of care. Everyone has a responsibility to take reasonable care to avoid injuring others. When driving, we have a duty to obey the speed limit, obey traffic signs, and drive appropriately for the road conditions. Drivers who do not comply with this duty are said to be reckless drivers and can be penalized by law. In some professions, like medicine, there is an even higher standard of duty of care, and they are responsible for acting in the best interest of the patient.
- Negligence. Negligence is when a person fails to live up to their duty of care. If a dog owner allows a dangerous dog to run loose or a company provides a defective product, they may be guilty of negligence.
- Causation. In a personal injury case, the negligent act must directly cause the injury. Someone may make a mistake or behave recklessly, but those acts do not always actually cause harm.
- Damages. Finally, the negligent act must cause damages. For example, if a person received an incorrect dosage of aspirin, it may have been negligent but may not have caused any harm. Damages must be serious and measurable in order to justify filing a personal injury claim.
If you think you may have a personal injury case, it is important to speak with a personal injury lawyer, Roswell, in order to understand your legal rights.
Understanding Georgia’s Comparative Fault Law
U.S. states have different laws regarding fault and negligence. George is a “modified comparative fault” state, which affects how you may be awarded in a personal injury case.
“Comparative fault” or “comparative negligence” is a rule that allows both parties to be held responsible in a personal injury case. For example, in a car accident where one car ran a stoplight and caused an accident, but the other car was speeding, which made the accident more severe, both drivers contributed to the total damage of the accident.
A judge may determine that the driver who ran a stoplight was 70% responsible, but the driver who was speeding was 30% responsible, and divide the award accordingly. The idea that both parties may be partially responsible and then have their damage award adjusted proportionally is called comparative fault.
“Modified” comparative fault is a rule that holds that if a person is more than 50% responsible for their damages, they cannot collect any award in a personal injury case. For example, if a person was bitten by a dangerous dog, they may sue for personal injury. However, if the dangerous dog was secured inside a fenced yard with warning signs, and the person went into the yard with the dog anyway, a judge may find that they were more than 50% responsible for their own injuries and, therefore, cannot collect anything in their case.
Georgia’s modified comparative fault laws reduce the amount of money you may recover from a lawsuit and make personal injury cases more difficult and complex. The other side will be looking for every reason to hold you accountable for part of your damages, looking for every mistake you may have made in order to pay less on the claim. You need an excellent Roswell personal injury lawyer to fight for every percent.
Will I Have to Go to Court for My Personal Injury Case?
In many cases, both parties can negotiate an agreement and settle a personal injury lawsuit without going to court. However, it is important to choose a personal injury law firm with plenty of experience fighting and winning cases in the courtroom in case you are unable to reach a settlement. In many instances, choosing experienced courtroom litigators also helps increase your settlement and avoid going to court because it proves you are willing to fight hard to win your case.
How Long Can I Wait to File an Injury Claim?
Georgia has a two-year statute of limitations on personal injuries, so you have two years from the date of the incident in which to file your claim. However, it is always best to speak with a personal injury lawyer, Roswell, as soon as possible so that your claim can be investigated promptly. Over time, evidence may be lost or damaged, it becomes more difficult to find witnesses, and memories fade.
If you feel that 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 Roswell Personal Injury Lawyer Today
The personal injury trial attorneys at Fry | Goehring are available for free consultations to review your case and help you understand your rights. Our experienced, compassionate legal team has been helping Roswell residents recover from accidents and injuries since 2011, and we aren’t afraid to fight your case in court. Contact us today or call 404-969-1284 for your free consultation.
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