Injury lawsuits are one of the most powerful ways to get your medical bills and lost wages paid. While insurance claims are available in many cases, these claims often undercut the victim, paying them only part of what they could claim.
Working with a lawyer, you have the chance to get your case filed in a court of law. If necessary, we can even take the case before a judge and jury to fight the case at trial. However, most injury lawsuits do ultimately settle, getting victims the damages they need even when insurance might have originally objected or denied your claim.
For a free review of your injury case, call our personal injury lawyers at Howe Law today at (844) 876-4357.
The Process for Filing an Injury Claim in Woodstock, GA
When you file an injury claim, it usually begins with an insurance claim. However, that does not need to be the way you ultimately get paid for your damages. In many cases, insurance companies will offer only a low settlement to end a case quickly rather than paying a victim what they truly deserve for medical bills, lost wages, and pain and suffering.
If the insurance company’s settlement offer is too low, do not accept it. Instead, consider turning to a personal injury lawyer if you have not already done so. Have your lawyer review your claim to help you understand what your case should be worth, then have them negotiate with the insurance company to try to raise the offer to a fair value. If the insurance company still refuses to settle fairly, we can take the case to court.
We might actually file your case earlier but continue negotiations with the insurance company and the defendant to try to settle the case. As the lawsuit progresses through the courts in parallel to these negotiations, we will get access to additional evidence in the defendant’s possession as well as the ability to depose and interview the defendant and their witnesses through a process called “discovery.” Once discovery is completed, the defense might understand how much stronger your case is and ultimately settle.
If the case cannot be settled at a value that works for you, we can go to trial instead. There, we will present the case to a judge and jury, question your witnesses on the stand, present evidence, cross-examine the defense’s witnesses, and make our closing arguments.
How to Prove Fault in a Personal Injury Case in Woodstock, GA
Whether you are pursuing an insurance claim or a lawsuit, you need to prove that the defendant was actually at fault for your accident before you can get compensation. Proving fault in a civil injury case usually means showing that the defendant was negligent, which requires proof of four elements.
First, you must show the defendant owed you a legal duty. Usually, this is a duty to act reasonably, and unreasonable actions will often be grounds for an injury case. Alternatively, a law might give the duty, such as a building code requiring smoke detectors or a traffic law requiring you to drive under the speed limit. Second, you must prove they breached their duty by actually doing something wrong. Third, you must provide proof that that breach of duty was the thing that caused your injury. And lastly, you must have actual damages and injuries the court can compensate you for.
These elements are proven with evidence. As the victim or plaintiff, you have the “burden of proof” – which means that you must provide enough proof to convince a jury “by a preponderance of the evidence” that your claim is true. This means showing them your claim is more likely to be true than the alternative. You also have the “burden of production” in that you need to be the party to introduce the evidence that helps you meet the burden of proof.
Our lawyers can help analyze the facts of your case and determine what evidence you will need, how to find it, and what legal theories we can put forward.
Examples of Common Injury Cases in Woodstock, GA
Our attorneys can help with all kinds of injury cases. While some of the most common cases we handle involve car accident injuries and slip and fall injuries, there are many other types of accidents and accidental injuries our lawyers can help you seek damages for.
Many injuries happen because of unsafe conditions on someone’s property. In many cases, you will be a guest to the property when you are injured, such as in the case of a slip and fall in a store or injuries at a friend or acquaintance’s house. Even things like drowning and building collapses qualify under this category of “premises liability” cases. Many injuries are also caused at your own home and, if you are a renter, you might be able to hold your landlord responsible. If the injuries were caused by a problem with fire code compliance, missing smoke detectors, bad wiring in the building, or dangerous conditions in a common area of the apartment, that could be the property management company or landlord’s fault.
Many injuries also happen at work, though the cause can vary widely. Some people are injured in auto accidents at work or accidents involving machinery. If you were hit by someone who does not work with you, you can sue them like in any other car accident case. Other injuries that happen in the workplace might be an employer or coworker’s fault, and insurance laws might block you from suing them. However, you can always sue outside parties for injuries involving things like assault, defective safety gear, dangerous products and equipment, and more.
Injuries from dangerous and defective products also account for a large portion of injuries each year. These injuries can involve toys, appliances, power tools, ineffective safety gear, pharmaceuticals, auto parts, and many other kinds of products.
Call Our Personal Injury Attorneys in Woodstock, GA for Help Today
For a free review of your potential personal injury case, call the Atlanta personal injury attorneys at Howe Law at (844) 876-4357.
