If you or a loved one has been injured due to the reckless or negligent
behaviors of another person, you may be entitled to financial compensation
for injuries, medical bills, wage loss, and emotional damages. Recovering
the full amount of compensation that you deserve, however, can be a difficult process.
There are a number of criteria that must be present in order to file a
personal injury claim for compensation in Georgia, and it is always best to speak with
an Atlanta personal injury lawyer if you believe that you may have grounds
for an injury claim. Only an experienced accident attorney can tell you
whether or not you will be able to move forward with your claim, and this
is important information to know before you decide to pursue legal action.
Do you have grounds for an injury claim?
After an accident, it is important to gather the evidence you need to decide if you have
grounds for an injury claim. According to Georgia law, you must be able
to prove several key elements in order to have a successful claim.
First, you must be able to prove that the negligence of another person
led to the accident. Negligence is defined under the law as the failure
to act with proper caution or reasonable care in a certain circumstance.
Injury claims can also be filed when a person or group has acted to intentionally
harm another person. According to strict liability law, injury claims
can also be filed against individuals or groups responsible for the injury
of another person even if no intent or negligence were involved.
In addition to demonstrating that the third party was responsible for the
accident, injury, and / or property damage, your attorney must provide
proof that there were damages. Damages can include monetary losses, physical
and emotional damage, and more. Physical and mental pain can include disfigurement,
loss of enjoyment of life, pain and suffering, mental anguish, loss of
consortium (loss of the ability to have a relationship), and disability.
Questions to Ask Before Filing a Claim
Before you choose to file a personal injury claim, there are several questions
that you should ask yourself. Our legal team genuinely wants what is best
for you and your family during this time, and we can provide you with
the honest legal counsel that you need after an accident. Below, we have
listed some of the questions that may help you determine if you should
file a claim:
- Do you have enough evidence to back up your claim and to hold the other
party involved accountable for your injuries and damages?
- Are your injuries severe enough that you have missed a lot of work or you
are unable to work?
- Was your quality of life compromised?
- Are the expenses of treating your injuries and damages more than what it
would cost to file a lawsuit?
One thing you must keep in mind with a personal injury claim is that you
only have a certain time frame in which to take legal action. The statute
of limitations in Georgia places a time limit on pursuing a legal remedy
for wrongful conduct, and you will lose your right to file a lawsuit once
this time frame has expired. While the amount of time can vary depending
on certain factors,
legal action for personal injury claims and lawsuits must be brought within
two years of when the injury happens.