Lawrenceville GA Personal Injury Lawyer

Personal Injury Lawyer Serving Lawrenceville, GA

Snellville, Grayson, Dacula, Buford, Duluth, and Norcross Personal Injury Attorney

Clayton Cain is a personal injury lawyer in Lawrenceville GA

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.

What Can a Personal Injury Attorney in Lawrenceville Do For Me?

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.

What Should I Do If I’ve Been Injured?

  1. Immediately seek medical attention!This cannot be overstated. If you have been injured in an accident, it is vital that you obtain adequate health care. First off, you need to take care of yourself—your injury might be more serious than you think. Second, documented medical records make proving damages much easier for your personal injury lawyer later on. It’s hard to show that you suffered if you never even sought medical care. Moreover, the law says it is the victim’s responsibility not to make the injuries worse. If you never went to the doctor, the other party may claim that you failed to mitigate damages by not receiving proper medical attention as soon as possible.
  2. Contact an attorney. If you believe your injuries are someone else’s fault, contact a lawyer to start the process. You or a family member can contact the law firm once you are well enough to do so. Try to contact a lawyer as soon as possible following the incident. Starting the process quickly is important because Georgia state law has statutes of limitations for filing personal injury claims.
  3. Avoid discussing your case.You can, of course, talk about your case with your doctors and lawyer. Outside of these professionals, do not discuss the accident. Well-meaning friends and family members will naturally inquire about your accident and injuries. It’s best to politely tell them your lawyer instructed you not to discuss your case. If anyone else questions you, refer them to your attorney.
  4. Consult your attorney before signing any documents. Run all documents related to your case by your personal injury attorney before signing anything. You want to give your lawyer a chance to read over the document and explain what you are signing.
  5. Notify your personal injury lawyer of changes immediately.Let your attorney know about changes in your medical condition such as when you are released from care and when you have returned to work. Send copies of all your medical bills related to the accident. Notify your lawyer of address and phone number changes. Ask your lawyer before changing doctors.

Understanding a Personal Injury Case

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:

  • Personal Injury is bodily harm caused through no fault of your own. Disputes can arise when one person is injured, and another party is legally responsible. Formal personal injury suits can proceed through civil courts where a judge determines fair compensation. More often, both parties reach a settlement without ever going to trial.
  • Negligence is the failure to use reasonable care that results in property damage or the bodily harm of another person. Negligence is accidental and different from crimes such as assault. However, sometimes crimes such as reckless driving can also be considered negligence.
  • Damages are losses or harms such as property damage or bodily injury. This specifically refers to the monetary amount that the at fault party must pay to the victim to compensate for loss or harm. Depending on the case, types of damages you might claim are medical expenses, loss of income, loss of future earning capacity, pain and suffering, and loss of consortium.
  • Compensation is a payment awarded to the injured person as a replacement for the losses suffered. This is when the court orders something to be done or money to be paid in attempts to make amends and return the injured person to their former state.
  • Liability is the legal responsibility, especially when it comes to who is responsible for damages. When a person fails to meet their responsibility the plaintiff may bring a lawsuit against them. It is a personal injury lawyer’s job to prove that the defendant is liable for the damages.

Georgia Laws on Personal Injury Lawsuits

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.

Damage Caps

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.

Types of Personal Injury

Car Accidents

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.

Work Injuries

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.

Animal Attacks

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.

Slips and Falls

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 and Battery

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 Injury

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

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.

Wrongful Death

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.

Contact Our Personal Injury Attorney in Lawrenceville Today

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!

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Clayton Cain is the best type of lawyer. Knowledgeable yet personal. He will fight for you like a friend because that is just the kind of person he is. His competitive nature and team oriented skills gained from participating in college athletics will work to your advantage. Choose Cain. Thank me later.
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Clayton Cain is a personal injury lawyer in Lawrenceville GA