A personal injury case is a legal claim filed against someone who caused harm through negligence, intentional acts, or other wrongful behavior. “Personal injury” refers to harm inflicted on your body, emotions, or reputation. If you can prove the other party is at fault, you may be entitled to compensation for both economic and non-economic damages. In certain cases, the court may also award punitive damages in addition to compensatory ones.
What Types of Accidents Result in a Griffin Personal Injury Case?
Personal injury cases are among the most common legal matters in our judicial system. While many cases settle without going to trial, some go to court.
Many accidents and incidents can result in a personal injury case, including:
- Motor vehicle accidents, including crashes involving trucks, cars, motorcycles, etc.
- Slip and fall accidents and other premises liability claims
- Medical malpractice
- Defective products (i.e., product liability)
- Animal attacks and dog bites
- Child injuries
- Uber & Lyft accidents (i.e., rideshare accidents)
- Workplace accidents
- Child injuries
- Construction accidents
Negligence is one of the most common grounds for personal injury claims. However, intentional torts, vicarious liability, and strict liability may also be grounds for a claim.
Proving Liability for a Personal Injury Claim in Griffin, GA
You must prove liability to recover compensation for damages.
Negligence occurs when a party fails to use reasonable care for specific circumstances. The legal elements of a negligence case are:
- Duty of Care: The party owed the victim a legal duty to exercise a reasonable standard of care.
- Breach of Duty: The party’s conduct did not meet the standard of care required for the circumstances.
- Causation: The party’s conduct was the direct and proximate cause of the victim’s injuries.
- Damages: The victim incurred financial losses, injuries, and other harm because of the party’s conduct.
The elements of a strict liability case do not require you to prove negligence. You only need to prove that the party’s conduct caused your injuries and damages. Intentional torts involve deliberate acts to cause someone harm, such as assault and battery.
What Damages Can I Recover for a Personal Injury Case in Griffin, GA?
Damages in a personal injury case include economic and non-economic damages. Examples of the damages you may receive for a personal injury case include:
- Medical expenses
- Rehabilitative therapy
- Loss of quality of life and enjoyment of life
- Scarring and disfigurement
- Out-of-pocket expenses
- Personal and/or nursing care
- Impairments and disabilities
- Emotional distress and mental anguish
- Lost wages and employment benefits
- Diminished earning capacity
- Pain and suffering
Juries award punitive damages to punish a party for wrongdoing. They are only awarded in lawsuits when the victim proves by clear and convincing evidence that the defendant acted with gross negligence or intentional misconduct.
How Much Is My Personal Injury Case Worth?
The amount you receive for damages depends on the facts of your case. Numerous factors impact how much your case is worth, including:
- The type of injuries you sustained and the medical treatments required
- The duration of your recovery period
- The severity of impairments and disabilities caused by your injuries
- Whether you could be partially to blame for causing your injuries
- The parties involved in your case
- The strength of your evidence proving fault and liability
- The availability of insurance coverage for your claim
Insurance companies use different tactics to undervalue and deny claims. Attorneys understand the law and the value of damages. Accepting a settlement agreement without legal advice could result in a lower settlement and giving up your rights to file a lawsuit.
Filing Deadlines for Georgia Personal Injury Cases
The deadline for most personal injury lawsuits in Georgia is two years from the date of the injury. Exceptions to the law and factors in your case could change the deadline. Seeking prompt legal advice is the best way to avoid missing a filing deadline in your case.
Learn More During a Free Consultation With Our Griffin Personal Injury Lawyers
Personal injury claims often involve complex issues. Hiring an attorney as soon as possible can help you recover the compensation you need and deserve. Call us today at (678) 940-4140, The King Firm Car Accident and Personal Injury Lawyers to schedule a free case evaluation with an experienced Griffin personal injury attorney.
