Are you considering taking Georgia personal injury action? Contact an Atlanta personal injury lawyer at the Law Offices of Shane Smith today and discover your legal options. If you’ve been hurt or injured because of someone else’s mistake or negligence, you may consider taking legal action to recoup the costs you’ve incurred due to the injury.
In Georgia, personal injury action can seek to recover money you’ve spent on medical bills, lost wages, and pain and suffering. It can also compensate you for future lost income if your injury has rendered you unable to work or provide for your family. However, before you opt to take legal action, Atlanta personal injury lawyer Shane Smith shares 4 important items you should know:
• Torts – In Georgia, personal injury action is considered “tort” law. There are two types of torts: intentional and accidental. Intentional torts are civil wrongs that were committed with intention and purpose, such as battery or assault. Accidental torts are caused by negligence and arise in situations in which the other party failed to act correctly or exercise caution, thus leading to the injury. A car accident in which one vehicle rear-ends another is a good example of this type of tort.
• Four elements of negligence – In cases of accidental torts, you’ll need to prove negligence to prove the other party’s level of fault in your injury. There are four elements of negligence: a duty toward the victim existed, that duty was violated, the violation caused or contributed to the victim’s injury, and the victim experienced calculable loss or damage. If all four elements can be shown, then the party can be held liable for your injuries and damages.
• Statute of limitations – Statutes of limitations outline how long you have to file certain type of claim or lawsuit; they differ by state and can vary greatly. In Georgia, personal injury action has a statute of limitations of two years. That means you have two years from the date of injury to file your claim, or it is no longer valid.
• Common defenses – The key to ensure the success of your case is to be aware of and prepared for certain common defenses against personal injury claims. One commonly used tactic is the “assumption of risk” defense. This method attempts to prove that the victim knowingly and willingly entered into a situation they knew to be hazardous; therefore, the other party is not responsible for any injuries or damages. Many defense attorneys will also try to prove contributory negligence, meaning that the victim holds some level of blame for the accident or injury. If they succeed in proving negligence on the victim’s part, it could significantly lower the payment your claim can award you.
Though it is important to be prepared and knowledgeable before filing a personal injury claim, the best way to ensure you get the utmost compensation for your injuries and damages is to enlist the help of an experienced legal professional.
