Sustaining an injury can be a catastrophic and life-changing event. If another person causes you harm, the aftermath can leave you with severe injuries that make it impossible to take care of yourself and your loved ones as you did before the accident.
In these situations, you need the help of experienced lawyers to get justice for your injuries. Our firm has spent years representing injury victims and their families in numerous types of lawsuits. Our mission is to help you receive the compensation you deserve and get your life back on track. In most cases, the at-fault parties will attempt to settle cases or leave their insurance companies to handle the matter. However, this might not be enough to cover the damages and losses that the victim has sustained as a result of the accident. That is why our team will not hesitate to take your case to trial.
For a free case assessment, contact our Atlanta personal injury attorneys at Howe Law at (844) 876-4357 today.
Steps to Filing a Personal Injury Claim in Griffin, GA
Filing a personal injury claim in Griffin involves several critical steps. Given the complexities involved, working with our experienced personal injury attorneys is the best way to make sure you do not overlook any of these important factors. A personal injury claim can be a drawn-out process with many moving parts. With many subtle rules involved, going it alone is typically not advised. The following guide will help you understand what goes into filing a personal injury claim in Griffin:
Gathering Evidence
The first step in filing a personal injury claim is gathering evidence about the incident and identifying who was liable. This evidence might include photographs of the accident scene, witness statements, police reports, and any other documentation that can help establish what happened.
It is also important to gather evidence that demonstrates the other party’s liability. This might involve showing that they were negligent or failed to exercise due care, leading to your injury2. An experienced personal injury attorney can assist in investigating the incident and gathering necessary evidence.
Drawing Up a Complaint
Once you have gathered sufficient evidence, the next step is to draft a complaint. The complaint is a formal legal document that outlines the facts of the case, the legal arguments for holding the other party liable, and the damages you are seeking.
The complaint should be detailed and precise, clearly stating how the defendant’s actions or inactions caused your injuries. It is advisable to work with our team during this phase to ensure the complaint is accurately and effectively drafted.
Calculating Damages
Calculating damages is another crucial step in the personal injury claim process. Damages refer to the monetary compensation you seek for the losses you have suffered because of the injury. These might include medical expenses, lost wages, and other out-of-pocket costs.
Non-economic damages, such as pain and suffering, should also be included in the calculation. Calculating damages can be complex and often requires input from medical experts, economists, and other professionals to ensure a comprehensive assessment of losses.
Filing an Insurance Claim and Complaint in Court
Once the case has been built, the next step is to file an insurance claim with the at-fault party’s insurance company and file the complaint in court. This initiates the formal legal process and puts the defendant on notice that you are seeking compensation for your injuries.
Dealing with insurance companies can be challenging, as they often seek to minimize payouts. Having an experienced attorney handle this process can be beneficial in ensuring your rights are protected.
If the insurance company offers a fair settlement, the case could be resolved quickly. However, if the insurance company disputes the claim or offers an inadequate settlement, the case might need to proceed through the courts.
This could involve pre-trial discovery, where both sides gather additional evidence, followed by negotiations to try and reach a settlement. If a settlement cannot be reached, the case will go to trial, where a judge or jury will decide the outcome.
Parties that Could be Sued in a Griffin, GA Personal Injury Case
Numerous parties could potentially be held liable in a Griffin personal injury case. The specifics of each case will determine who can be sued, highlighting the need for skilled legal representation by our team to navigate these complex issues. While some cases might be obvious, determining the liable party in others can be challenging. The following are parties commonly sued in personal injury claims:
The Individual Responsible for Your Injury
The most obvious defendant in a personal injury lawsuit is typically the individual directly responsible for causing the injury. This could be a driver who caused a car accident, a dog owner whose pet bit someone, or a person who committed an assault.
In these cases, the plaintiff must generally prove that the defendant was negligent, meaning they failed to exercise reasonable care under the circumstances and caused the plaintiff’s injuries.
Property Owners and Operators
Under premises liability law, property owners and operators can also be held liable for personal injury claims. This includes owners of private residences, businesses, and public properties.
For example, if a person slips and falls at a grocery store because of a spill not cleaned up promptly, the store owner could be held liable. Similarly, if a homeowner fails to maintain their property and a visitor gets injured as a result, the homeowner could be sued.
Employers
Employers can be held responsible for personal injury claims in certain situations. For instance, if an employee causes an accident while performing their job duties, the employer might be held liable under the legal doctrine of respondeat superior, which holds employers accountable for the actions of their employees.
Employers can also be sued for injuries that occur in the workplace because of unsafe conditions, lack of proper safety equipment, or inadequate training.
Product Designers and Manufacturers
Product designers and manufacturers can be sued for personal injuries caused by defective products. This could include anything from faulty car parts to dangerous pharmaceuticals.
In these cases, the plaintiff must prove that the product was defective, the defect made the product unreasonably dangerous, and the defect caused their injury. Depending on the specifics of the case, other parties in the product’s supply chain, like distributors or retailers, could also be held liable.
A Government Agency
Government agencies can be sued for personal injuries in certain circumstances. For example, if a person is injured because of a poorly maintained public road or sidewalk, the city or county government could be held liable. Similarly, government agencies can be sued for injuries resulting from accidents involving public transportation or public schools.
However, suing a government entity involves specific procedures and deadlines, and there are often limits on the amount of damages that can be recovered.
Our Griffin, GA Personal Injury Attorneys Can Help File Your Claim
Call our personal injury attorneys at Howe Law at (844) 876-4357 today for a free case review.
