If you were hurt because you suspect someone else acted negligently, there is probably a lot going through your head right now. You may be toying with the idea of filing a lawsuit, but there are also other concerns like your recovery, how much medical care will cost, whether you can continue doing the things you love, and more. All of these concerns and pressures can weigh heavy on individuals who already have enough on their plate when dealing with serious injuries.
We can help to alleviate that burden. Our attorneys have the skills, experience, know-how, and determination to effectively fight for you in our legal system. Let us focus on litigating your claim while you focus on what matters most: recovering and getting your life back on track.
To get a free, no-obligation analysis of your case, call Howe Law at (844) 876-4357 and talk to our Atlanta personal injury attorneys.
What Do I Need to Prove in a Cartersville, GA Personal Injury Lawsuit
To win a personal injury lawsuit in Cartersville, you need to prove that the defendant was negligent. In law, negligence means that the defendant acted carelessly and, as a result, you got injured. The judge is looking for you to prove specific things in court to establish that the defendant was negligent. Our personal injury lawyers build our arguments around proving these things, and we will give you a run-down of how each part of a negligence claim works in this section.
Duty
In law, a “duty” is an obligation one person or entity has to another. Most people think of this in terms of contracts or other similar relationships. However, there are also general duties. For example, people have a duty to one another not to act in a way that will hurt someone else. In other words, people have to act reasonably. When people do not act reasonably, they may end up being negligent and hurting someone else.
Breach
Breach refers to a failure to uphold a duty. For most individuals, a breach means failing to act as a reasonable person would. For example, a driver who gets in a car crash because they were speeding fails to uphold their duty to be a safe driver by not following the speed limit.
Causation
Causation is often the trickiest part of a personal injury lawsuit to understand, and it is also frequently the most contested part of a negligence claim in court. Not only do you have to prove that the defendant caused your injuries, but you also have to prove that they were the proximate cause of your injuries. For example, suppose a defendant takes their car into a shop to get worked on, and the mechanic messes up the brakes, so they are now sluggish. The driver then gets in their newly worked-on car, starts going twice the speed limit down the highway, and gets in an accident.
While the mechanic’s poor brake job may have been part of the cause of the accident, any liability is cut off by the driver’s conduct -speeding. Thus, the driver would be the proximate cause of the accident and supersede all other causes in liability.
Injury
“injury” simply means that you have to prove you were injured. Many different kinds of evidence can be used to do this. You could rely on testimony from witnesses and people who saw you when you were injured, photos, medical records, or even your appearance at trial if it is close enough in time to when you were injured.
How Long Do I Have to Submit a Personal Injury Claim in Cartersville, GA?
Once you get injured, a timer starts for how long the law allows you to file a lawsuit. The statute of limitations limits how long you have to file claims for specific grievances. In Georgia, you have three years from the time of your injury to file your claim under O.C.G.A. § 9-3-33. After that three-year period runs out, you will not be able to file a lawsuit, and you will not get any damages.
These limitations exist to ensure that trials proceed at a reasonable rate of speed and let people eventually move on with their lives without the fear of an impending lawsuit after a certain period. However, the statutory period also means that you must act quickly to get the compensation you need.
What Can I Be Awarded As Damages in a Cartersville, GA Personal Injury Claim?
If the jury in your personal injury case finds that the defendant is liable for your injuries, the court will award you damages. In a personal injury lawsuit, damages are the court’s way of trying to undo the harm caused by the defendant.
One thing you can get damages for is medical expenses. Treating injuries from serious accidents can get very expensive, not just because of emergency treatment but also because of the need for long-term care if the plaintiff is permanently stuck with their injuries. You are also able to get damages for missed pay from time off work or based on expected income if your injuries are such that you are unable to work anymore.
You may also ask for damages for things that are more esoteric, like mental anguish or physical pain. Since the value of these things is subjective, our lawyers will work to show the court their worth to you and why you should be compensated for those injuries.
Our Personal Injury Attorneys from Cartersville, GA Are Ready to Help You
Howe Law has personal injury attorneys who are a phone call away to review your claims when you contact our office at (844) 876-4357.
