If you have been injured, you should find out about the types of personal injury cases in Georgia. Hence, you know the legal action you can take. A personal injury can occur due to a variety of accidents. Some of the most common accidents are dog bites, medical malpractice, motorcycle accidents, car accidents, truck accidents, slip and fall, and many others.
When you or your loved one gets an injury, you can get really frustrated. The emotional distress is even higher when personal injury damages have been caused by someone else. When you know the accident could have been avoided if proper measures were put in place or the person responsible did the right thing, it would be even more upsetting.
When you get into a personal injury accident in Georgia, you need to call upon a personal injury lawyer who is aware of how to deal with a personal injury lawsuit. The law can be complicated, and insurance companies and the people responsible will try to not take responsibility for their actions. Even if they decide to cut the injured party a deal, they may end up giving them less than the maximum compensation you deserve.
If the finances you receive do not cater to your medical care or medical expenses, you will still struggle even after getting compensated. You should get compensated for any outstanding bills as well any non-economic damage caused.
Talk to our lawyers at Marks Law Group. Let us offer you legal advice so you know your legal rights when filing a personal injury claim.
What Qualifies As a Personal Injury Case?
In a personal injury case, the accident victim sues the defendant. The liable party will be responsible for compensating the victim for medical costs and other losses incurred. They will pay for any ongoing medical bills incurred, plus pain and suffering. If it is a medical malpractice case, your personal injury lawyer will be working with hospital lawyers and insurance companies to get facts about your case and get you the settlement you deserve.
As an injured person, you have a limited time to file a lawsuit. It is called a statute of limitations. The period of time where the victim or plaintiff is injured or when they discover the injury dictates the statute of limitation.
You should hire a personal injury lawyer to represent your case within this time frame. When you get started on the case, you are no longer limited by the statute of limitations. This way, if you win the case, you will get compensated for damages through the defendant’s insurance policy payout.
A personal injury can be incurred due to;
- Nursing home abuse
- Motor vehicle accidents
- Professional malpractice
- Premises liability
- Defective products
- Plus other incidences
Most of the time, you will find that the accident that occurred did not happen because the people responsible meant to intentionally cause harm. However, the instances would be prevented if rules were followed or if proper measures were put in place; hence, the type of accident you were involved in happened due to negligence on the part of the defendant.
What needs to be proven is:
- The defendant failed to meet the duty of care or reasonable care toward the plaintiff
- Loss or injuries caused were directly caused by the other party
- The at-fault party’s actions caused the damage
- The accused owed a duty of care
The legal duty of the accused will differ depending on the circumstances and their jurisdiction. Even so, every individual is obligated to do all they can to prevent an accident. Drivers should avoid being on the road and operating a vehicle while drunk. Business premises such as supermarkets should avoid wet slippery floors to avoid slip and fall incidences. Most personal injury cases revolve around dog bites, slip and falls, car accidents, and product liability.
What You Should Do for a Personal Injury Case to be Successful
After you get into an accident, you should call a personal injury attorney to seek legal help. Call a personal injury attorney to give you legal guidance on the steps you should take if you are in a situation where you do not know what to do.
When you are at the accident scene, the first thing you should do is assess how things are on the ground. If it is a car accident, what is the condition of your car and the other person’s car? Have you both acquired any injuries? You should remain as calm as possible despite the situation.
If the police are not already at the scene of the accident, call them. The police will help determine the cause of the accident and mediate between you and the other party. If the other person was driving under the influence, the police would put that in their record. While being questioned by the police, avoid incriminating yourself despite the other party trying to blame you. Explain how things happened from your perspective.
Take a picture of the accident scene to act as a piece of evidence if you decide to go to trial. Also, take photos of the injuries you sustained from the accident and keep taking them as you move on to recovery. Your medical records will act as critical evidence and help prove pain and suffering while showing the type of injury you obtained.
Talk to the people at the scene that witnessed the accident and get their details. Get their contact information, address, and so on, and give them your information as well. They will help in evidence collection.
The 3 Types of Damages
A plaintiff will be awarded or paid for the common types of damages in dollars or other terms of payment. Here are the three types of damages found in a personal injury case.
Compensatory Damages
This is the monetary compensation due to damage caused by somebody else’s negligence. Despite their wrongful conduct not being intentional, you are in the situation due to a mistake they made. And they are obligated to give you a personal injury settlement. How do you prove that you are owed in this case?
- You have to prove that duty of care towards you was breached
- Prove that their breach of duty caused the injury or illness you have
- Prove that as a result of a breach of duty, you have non-economic and economic damages
For you to get compensation for your medical treatment and future treatment expenses, you will have to prove that a breach of duty exists. You then have to show the requirement that the other party defied.
Nominal Damages
There are instances where a court establishes that an individual has suffered harm due to the other party’s deeds, but did not obtain catastrophic injuries. In this case, the personal injury victim receives nominal damage. The sum a plaintiff usually gets small in this case.
Nominal property damages are also issued when a plaintiff cannot prove the actual value of the loss they incurred due to the defendant’s negligent conduct. While pursuing compensation for personal injury cases an experienced personal injury lawyer will help you get a favorable recovery.
Punitive Damages
This is a type of damage whereby the defendant acted willfully, fraudulently, or was malicious towards the plaintiff to cause harm. Punitive damages recoveries are issued for two main reasons
- To make the defendant serve as another example to others who may want to attempt to engage in similar unlawful conduct or criminal conduct
- A punitive damage award is given to discourage the at-fault person or responsible parties from engaging in the same intentional conduct again
Why You Need a Personal Injury Lawyer to Represent You
For injured persons to stand a chance of getting fair compensation in personal injury disputes, they need a great lawyer by their side. A good personal injury lawyer has extensive experience in their field and they will know the legal loopholes to use so they can get you a fair settlement. Work only with the best.
Call the Mark Law Group firm, talk to an experienced trial attorney and give us your details. We will come where you are and listen to you. Get in touch with a lawyer that has extensive jury trial experience and book your free initial consultation.