How Do Personal Injury Claims Work in Gwinnett County, Georgia?

Clayton Cain | | Personal Injury

If you were injured due to someone else’s negligence, you likely have a number of medical bills and have other expenses that could be causing financial problems. A serious injury can be life-changing and could require ongoing care and treatment. You probably need to take time off work until your injuries heal and if you suffered a disabling injury, you would not be able to return to work. You may be entitled to compensation, even if you are partly responsible for what happened. It is helpful to understand how personal injury claims work with help from a Gwinnett County, personal injury lawyer.

Types of Personal Injury Cases in Gwinnett County

Injuries can occur anytime and in any place. If you got hurt because of someone else’s negligence, it is helpful to speak with a Gwinnett County, personal injury lawyer. You will learn how to protect your rights in the situation. Many types of incidents may result in injuries. An incident may occur on someone else’s property, or it may be the result of something a person did or failed to do.

Injuries could include broken bones, contusions and lacerations, neck and back injuries, burns, bites, back injuries and head trauma, among others. Many of these injuries are serious and might require surgery, therapy, and ongoing treatment. You could become permanently disabled due to an injury. This could keep you from working for the rest of your life. If that happens, you will be unable to provide for your family.

Negligence in Georgia Personal Injury Cases

To prove and establish a personal injury case, you must be able to prove that another party is responsible for your injuries. Negligence occurs when a person does something or fails to do something, that one knows is dangerous. A negligent act is one that could result in an accident and injuries. Gross negligence means that the person did something with the intent of causing harm. Either of these types of negligence could result in injuries and a resulting legal claim.

There are four main factors that you need to meet in order to bring a successful personal injury claim:

  • Establish a duty of care. The person must have had a duty to act properly in a situation.
  • Breach of care. You must show that the person failed to use reasonable care and therefore breached the duty of care.
  • The person’s actions (or failure to act) caused injuries. The negligent actions must result in injuries.
  • You sustained damages. You must prove that you have actual damages as a result of the person’s negligence. Damages include physical, financial and emotional loss.

If you can prove these factors you may have a viable claim. A Duluth personal injury lawyer will review the details of your case to determine the options that are available.

Modified Comparative Negligence

In Georgia, the law allows you to collect damages in a claim even if you were partly responsible for the incident. Even if you did something that contributed to the injury, you might be allowed to collect money if the other party was more than 50% negligent. The court reviews the case and assigns a percentage of fault to each party. You are entitled to your damages minus any portion that you were to blame. For example, if you were found to be 10% at fault and you were to receive $10,000, your portion would be reduced by 10%, still leaving you with $9,000.

Modified comparative negligence can be complicated. If you were in part to blame for what happened, it is advisable to seek help from a Gwinnett County, personal injury lawyer. Your attorney will assist in calculating negligence in a case and ensure that you can bring your case to a successful conclusion.

Duluth, Georgia Injuries, and Damages

You are entitled to money for any expenses that you have because of the incident. Some of the most common types of expenses include medical bills, therapeutic and rehabilitative costs, money for medications and the costs of future medical care. If you suffered an injury that requires nursing care these expenses should also be paid.

You also suffered other types of financial loss. You may have been unable to work for a period of time, so you lost money. Your injury may have been very painful so that you might be eligible for money for pain and suffering. Other types of punitive damages may also apply such as money for emotional damage and for legal fees. Sometimes punitive damages could amount to thousands of dollars or more.

Filing a Lawsuit for Personal Injuries in Duluth

It is important to talk to a Gwinnett County, personal injury lawyer as soon after your injury as possible. The law limits the time to file a claim. This is known as the statute of limitations. The statute of limitations to file a civil claim in Georgia is two years for most types of cases. The two-year period starts at the time of the injury or when you first learned about the injury. In some instances, such as injuries to minors, the time to file may be tolled or put on hold until the child reaches age 18.

How a Gwinnett County Personal Injury Lawyer Will Help

Injuries sustained due to someone else’s fault are stressful and traumatic. If you were injured, you might not know what to do or how to go about getting paid for your medical expenses. As a result, you are immediately inundated with expensive bills while at the same time you might be unable to work to pay your other expenses. A Duluth personal injury lawyer reviews the specific information from your case and guides you through the legal process. Your lawyer represents your interests and protects your rights to get you the money you deserve.

Many personal injury claims are resolved successfully through negotiation and settlement. If a settlement cannot be reached, the case proceeds to court. If you are the victim of a personal injury, call Cain Injury Law today. We serve Snellville, Grayson, Dacula, Buford, Duluth, and Norcross.