Accidents happen every day—and unfortunately, they can sometimes be devastating and change a person’s life forever. In addition to high medical bills and rehabilitative costs, severe personal accidents can leave the victim with debilitating injuries that take months to heal, or may not ever heal completely.
Personal injury law is designed to try to help people in accidents when their injuries are someone else’s fault. When another person causes an accident, the injured person may file a personal injury lawsuit to claim compensation for their damages. This compensation can include the cost of medical expenses, pain and suffering, and more.
There is a lot involved in a personal injury lawsuit. If you are interested in filing one, you should speak to a Gwinnett County personal injury lawyer to find out what your rights are and give your case the best chance of a successful outcome. Call a dedicated attorney today to schedule a consultation.
Personal Injury Liability
Every personal injury case revolves around liability, or who was at fault for the accident. The plaintiff must prove that the defendant directly caused the accident, which in turn directly caused injury to the plaintiff.
Meanwhile, the defendant may argue they were not at fault for the accident and might even try to prove that the plaintiff was at least partially at fault for the accident. This is because, in Gwinnett County, there is a doctrine of modified comparative negligence that only allows people who suffered injuries in an accident to claim compensation if they are less than 50 percent at fault for the accident that injured them.
When someone in an accident is partial to blame for the accident but less than 50 percent at fault, any compensation they receive will be reduced by that amount of fault. For example, if an individual is awarded $30,000 but is found ten percent at fault, their compensation would be reduced by $3,000 for a total of $27,000.
The modified comparative negligence doctrine can make personal injury claims even more challenging. A personal injury attorney in Gwinnett County may be able to help present evidence to show that the injured individual was not at fault, so they could potentially receive full compensation.
Compensation for Injuries
In a personal injury case, the compensation an injured person can receive is called damages. These damages can be provided for emergency room expenses, past and future medical bills, past and future lost wages, emotional distress, pain and suffering, and more.
In Gwinnett County, there are some limitations on these damages depending on the circumstances of a specific case. For instance, when a defendant has acted maliciously or extremely recklessly in a way that injured someone else, the court may award punitive damages which are intended to punish the individual. There is a cap of $250,000 on these damages unless the incident involved alcohol or drugs, a specific intent to do harm, or a product liability claim.
A seasoned personal injury lawyer could fully explain the damages a plaintiff in Gwinnett County might be eligible for. They could also work hard to get people who have been hurt the most compensation that is available.
Talk to a Gwinnett County Personal Injury Attorney Today
After suffering an injury in an accident for which someone else was at fault, your best move may be to speak to a Gwinnett County personal injury lawyer. You may be eligible for compensation that could help with the financial burden of your injuries, and an experienced attorney could help you pursue it. To speak with a local attorney and get started on your case, call today.