If you have sustained bodily injuries through the carelessness or negligence of another individual, you might be entitled to financial compensation for your medical bills and lost income, as well as for the emotional trauma you suffered.
It can be daunting to engage in a lawsuit to make your claims but a Cobb County personal injury lawyer could simplify the process and do most of the heavy lifting while you recover. If you are considering such a lawsuit, be sure to contact a seasoned attorney as soon as possible – deadlines may apply to your claim.
What is a Personal Injury Lawsuit?
A personal injury lawsuit is a civil claim for damages caused by the negligence or recklessness of another party. These lawsuits cover many different incidents:
- Auto collisions, including truck accidents and motorcycle wrecks;
- Bicycle accidents and pedestrian injuries;
- Dog bites;
- Nursing home abuse;
- Catastrophic injuries;
- Premises liability claims, including slip and falls;
- Dangerous drugs and product liabilities;
- Negligent security; and
- Wrongful death.
For a person to successfully file a lawsuit, their local personal injury attorney must be able to establish the following
- That the defending party owed them a duty of care;
- That the defending party acted negligently or recklessly, breaching their duty of care;
- The plaintiff sustained compensable injuries or damages; and
- That the defending party’s actions directly caused the injuries or damages.
Georgia law lays out the duty of care that applies in any number of situations, such as for boat owners in Official Code of Georgia Annotated § 51-1-21.
Important Things to Know About Personal Injury Claims
In Georgia, injured parties can claim damages for medical expenses, missed wages, and other out-of-pocket costs, as well as non-economic damages like pain and suffering, diminished quality of life, scarring, et cetera. These types of damages encompass past, present, and future expenses related to the injury.
Comparative Fault Damages
Under state law, a plaintiff’s damages in a personal injury lawsuit can be reduced or even eliminated. Known as “comparative fault,” the law takes into account whether the injured party also holds some liability
For example, if a motorist is hit by a driver who ran a light, comparative negligence can come in to play if the injured motorist was speeding or otherwise violating traffic laws in a way that could have made the accident more likely. In this scenario, a court could determine that the injured motorist was ten percent responsible for the accident and may reduce any damages they are awarded by ten percent.
Statute of Limitations for Personal Injury Claims
Most personal injury claims must be made in a lawsuit filed within two years “after the right of action accrues.” Generally, the right of action accrues at the time of the incident or accident that caused the personal injury, but in some cases, this deadline (also known as the statute of limitations) can be extended. For those injured on the job or by negligence from a government entity, a different statute of limitations may apply, known as an ante litem notice. A Cobb County accidental injury lawyer could keep track of the deadline so that a plaintiff does not miss out on much-needed compensation.
Consult with a Cobb County Personal Injury Attorney
When an accident leaves you with physical injuries and your finances take a hit, you have the right to hold other parties accountable for their misconduct. A Cobb County personal injury lawyer could help you understand the laws that apply and the damages you might be able to claim. Let us know of your situation and learn how we could help.