If you, or someone you love, has been harmed through the fault an individual or company, the other party is legally responsible for compensating you for damages. Personal injury cases stem from a number of different causes such as car accidents, work injuries, dog bites, slips and falls, assault and battery, brain injury, medical malpractice, and wrongful death. An experienced personal injury lawyer knows the ins and outs of the legal system and can help you get the compensation you deserve.
Here at Cain Injury Law, we know that recovering from injury can be a harrowing time for the victims and their family. Victims go through physical, emotional, mental, and financial hardships. First, we will listen to you and learn about the specifics of your case. We can help you understand your personal injury claim, and guide you through the process while fighting to recover the cost of the damages caused by another person’s negligence. Our experienced team is well versed the complex local, state, and federal laws, and we will fight to defend victims’ rights. The team at Cain Injury Law serves all of Gwinnett County, Georgia, including Snellville, Grayson, Dacula, Buford, Duluth, and Norcross.
Your personal injury attorney will save you unneeded stress and expense. In a typical case, an accident lawyer will start by collecting evidence in the form of witness statements, photographs, and official reports. They want to establish how the incident occurred and who is at fault. Once you have sufficiently recovered, your attorney can start gathering medical reports, records, bills, and other needed documents to estimate the cost of damages. This may be a slow process due to how long it takes medical providers to prepare reports and send documentation.
An attorney will exhaust insurance options first. A lawyer may negotiate with medical or auto insurance to get you the monetary coverage you need to pay for your injuries. Your attorney might file claims based on your individual situation. You and your lawyer will negotiate with the other party. If your attorney is unable to reach a fair offer from the insurance company, they may file a lawsuit.
The defendant will have thirty days to respond from the time they are served. After that, lawyers on both sides will engage in the process of discovery where they examine the evidence and talk to witnesses. The two parties can negotiate out of court. Most of these cases reach an out-of-court settlement and never go to trial. That being said, a lawyer should never commit to a settlement without their client’s prior approval.
Your personal injury lawyer will guide you and explain the process as you go along. Still, it is important to arm yourself with the knowledge to understand your case as best you can. If you come into the situation already aware of basic concepts and definitions, it makes communicating with your lawyer easier. Our personal injury lawyer believes in educating clients to understand their case and know their rights. Some basic legal terms you may want to know are:
Statute of Limitations
The legal time limit on court cases and lawsuits is called the statute of limitations. In Georgia’s civil court system, you have up to two years to file a lawsuit in court. Courts will dismiss any attempts to file suit beyond the two-year window. This two-year limit applies to claims against the state of Georgia; however, the statute of limitations for legal action involving local the government is shorter. You have six months to file injury formal injury claims against the city or county.
Comparative Fault Laws
Sometimes the other party might try to claim that you are at fault, partially or fully, for your own injuries. In such cases, Georgia state law implements what is called “modified comparative fault.” This means the compensation could be reduced based on the percentage of liability that lies with the plaintiff. If you are found to bear fifty percent or more of the fault, no compensation can be awarded. An accident attorney can help gather evidence and argue the case to prove the majority or all of the fault lies with the other party.
A 2010 ruling by the Georgia Supreme Court found damage caps violated the state constitution. Thus, Georgia has no upper limit to the amount of compensatory damages one can claim in personal injury lawsuits.
A personal injury lawyer can help you negotiate with insurance companies and file lawsuits when needed following auto accidents. Georgia is considered a “fault” state when it comes to vehicle crashes. This means the person who caused the accident, or their insurance is legally liable to cover the cost of damages. Cain Injury Law can work with you to collect evidence and establish fault in an auto accident.
The Georgia Workers’ Compensation Act requires employers to pay into workers’ compensation insurance. If an employee is hurt on the job, this program will pay-out to help cover medical costs and lost wages. State law makes the workers’ compensation program the sole way to receive payments for injuries sustained on the job. This legally prevents workers from suing their employer for negligence, thus providing security for workers and companies. The employee is guaranteed compensation, and the employer is protected from litigation. A personal injury attorney can help you navigate the world of workers’ compensation insurance claims.
A specific rule in Georgia makes owners strictly liable for animal attacks that cause injury. For example, a dog owner is legally responsible for any bodily harm caused by a dog bite or attack regardless of the animals prior behavior. If the plaintiff proves the dog was not on a leash when it should have been, then the dog owner is fully liable for the resulting injuries.
Hazards conditions and poor maintenance can lead to accidental slips and falls. Victims of these accidents may be entitled to monetary compensation to cover medical costs from their injuries. Such claims do not necessarily need to involve slipping on a slick surface. Accidents can also involve tripping on an object that impedes the walking surface such as poorly maintained walk ways or loose floor boards.
Assault is any attempt to cause physical harm and battery is the actual physical injury. Victims of assault or battery could be eligible for compensation for medial costs, pain and suffering, and more. Criminal charges in assault and battery cases are separate from civil cases. Assault victims can bring additional lawsuits against the perpetrator regardless of the outcome of criminal trials.
Brain injuries are life-altering events for the victim and family. They affect physical and cognitive functioning and hinder your ability to enjoy life as you once did. For severe brain injuries, you may need in-home assisted for daily living. If you or a loved one has suffered a brain injury because of someone else’s negligence, there are many damages you can seek compensation for such as physical therapy, in-home care costs, medical bills, rehabilitation costs, lost wages, and pain and suffering.
Medical malpractice happens when a doctor, hospital, or other health care provider causes injury through negligence or failure to act.This might include errors in diagnosis, treatment, aftercare or health management. Medical malpractice suits must prove the defendant violated the standard care and caused significant damages by their own negligence.
A wrongful death suit is filed on behalf of someone who was killed due to another party’s wrongdoing or negligence. Devastated family members have enough to worries. A personal injury lawyer can help the family obtain compensated for medical bills, loss of income, pain and suffering, and other damages related to the death of a loved one.
Cain Injury Law handles a range personal injury cases, including multiple party accidents, drunk driving, reckless driving, read-end collisions, side-impact collisions, rollovers, and head-on collisions. Our personal injury lawyer serves all of Gwinnett County, GA including Snellville, Grayson, Dacula, Buford, Duluth, and Norcross. If you have suffered personal injury due to another person’s negligence, contact our law firm for a free consultation with to discuss the next steps of your claim. Our personal injury lawyer is ready to give you the protection you need and fight for your rights in any personal injury case!