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Do I Have a Valid Injury Claim?

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If you have been injured, you may be wondering whether or not you have the right to seek financial compensation. Every case is different, which means that it may be in your best interest to discuss the specifics of your accident with an experienced personal injury attorney in Atlanta. When you come to Henningsen Injury Attorneys, P.C., we will evaluate a number of different factors and subsequently explain your options; however, it is important for you to first understand the basics of a personal injury claim. Answer the questions below for yourself and then schedule a free consultation.

#1: Have you suffered an actual physical injury?
This is the first, and most important, question that you must answer when determining whether or not you have a valid claim. Even though you may have been involved in an accident, this doesn't necessarily mean that you would have the right to seek damages. The law can only compensate you for what has actually happened, rather than what could have happened. For this reason, you must be able to prove that your accident resulted in injury – which, with very few exceptions, refers to physical injury, not just mental injury. If you have suffered a physical injury, the first question has been answered.

#2: Did you seek medical treatment for your injuries?
If you were physically injured in an accident, you must next be able to prove it. Generally, it is not enough to say that you have suffered an injury – you must be able to substantiate your claim with evidence. Apart from your own testimony, you can establish proof of your injury in a number of different ways:

  • Records of your medical treatment
  • Statements from witnesses
  • Evidence that you have missed work

The most important piece of evidence in a personal injury case will almost always be your medical records. Some victims take a "wait and see" approach to their injuries before seeing a doctor, but they may not realize that this could affect their ability to seek compensation later on. For this reason, it is extremely important that you seek medical treatment immediately after an accident.

#3: How long ago were you injured?
In the state of Georgia, all civil actions are subject to a statute of limitations. This means that accident victims only have a certain amount of time to take action against the responsible party. Should you fail to do so within the allotted amount of time, you must forfeit the right to compensation. Generally, you will have two years from the date of your injury to file a personal injury lawsuit, but there are exceptions that can both extend and shorten the amount of time that you will have to file. That being said, you should not hesitate to speak with an Atlanta personal injury lawyer from our firm as soon as possible.

#4: Was another party responsible for the accident?
Finally, you must be able to establish that another person or entity was responsible for causing the accident in which you were injured – either directly or indirectly. Even if you believe that you were partially at fault for contributing to your own injuries, you may still be able to recover compensation as long as another party or individual was mostly at fault. Georgia recognizes the idea of contributory negligence, which means that you can seek damages as long as you are less than 50% responsible; your award would simply be reduced by your own percentage of fault, as determined by a jury.

Establishing Liability in an Injury Claim

Establishing liability in a personal injury case is extremely important. The term "liability" essentially means legal responsibility. The party that is found to be responsible for the accident is considered to be liable for the damages that were inflicted. One of the main priorities of our firm will be to establish liability in your case. Once liability has been established, we can work to obtain compensation for the injuries that you have sustained. We understand how insurance companies work and how to most effectively apply our knowledge of personal injury law to the cases that we take.

Take Advantage of a Free Case Consultation Today

If you still have questions about whether or not you have a legitimate claim, you should not hesitate to speak with an Atlanta injury attorney at Henningsen Injury Attorneys, P.C. as soon as possible. When you contact our office at (404) 800-6356 or fill out a case evaluation form online, your initial consultation is free! Furthermore, if you choose to work with our firm, you won't be expected to pay us a fee unless we win your case. For this reason, you would have nothing to lose by getting started today. Call now to discuss your options with our award-winning legal team; help is just a phone call away!

Set up a free initial consultation with Henningsen Injury Attorneys, P.C. today by clicking here.
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