When injured in accidents caused by negligence, victims can file personal injury lawsuits to recover damages in Acworth.
You can file a personal injury lawsuit if another person breached the duty of care they owed you, injuring you. For example, if another driver negligently merged into your lane, hitting and hurting you in the process, you could sue them for compensation. However, before you do, you should know a few things, like the filing deadline for your case. Generally, personal injury claims follow a two-year statute of limitations. In preparation for your claim, our lawyers will explain how the standard of proof applies and whether or not Georgia’s comparative fault laws might come into play. We will also assess the value of your claim so that you know what to expect regarding your potential recovery.
To get a free case evaluation from our Acworth, GA personal injury lawyers, call Howe Law now at (844) 876-4357.
How to Know if You Can File a Personal Injury Lawsuit in Acworth, GA
While some accidents, like certain car accidents, often have obvious causes, others, like slip and falls, might not. If you are unsure whether or not you can file a personal injury claim for compensation in Acworth, our attorneys can review your case to clarify the matter.
Generally speaking, you can file a personal injury lawsuit if another party owed you a duty of care and then breached it, directly causing your subsequent injuries and damages.
For example, if a drunk driver ran a stop sign, hitting your car in the middle of an intersection, you could file a personal injury lawsuit against them. That is because the driver owed you a duty of care to follow traffic laws and drive responsibly but breached it by operating their vehicle under the influence and ignoring a stop sign.
Slip and fall accidents are also common reasons for personal injury lawsuits in Acworth. Often, a property owner is liable for a victim’s damages in these cases.
For example, suppose you fell down the stairs at a department store because of a broken handrail. In that case, the department store might be liable for your damages because of its failure to address the broken handrail and maintain a reasonably safe environment.
Necessary Medical Care for Personal Injury Victims in Acworth, GA
If you sustain an injury due to negligence, go directly to the closest hospital. Doing this is necessary to document your injuries and build medical evidence for your claim.
Personal injuries vary dramatically from case to case. Whether you sprained your wrist or sustained a head injury, go straight to the emergency room. Doctors can thoroughly evaluate you and diagnose your injuries. Depending on your specific injuries, you might need specialized care for several weeks or months.
Having gaps in their medical care is risky for victims. For example, even if you go to the hospital right away, you could hurt your chances of recovery if you then delay getting the additional surgeries or physical therapy you need.
What to Know Before You File a Personal Claim in Acworth, GA
Before you file your personal injury lawsuit in Acworth, you should learn the filing deadline for your case, prepare evidence that is capable of meeting the standard of proof, and assess the value of your claim.
The Filing Deadline
Victims who think they have very limited time to sue might rush into filing a lawsuit, only to leave them with weaker claims. Under O.C.G.A. § 9-3-33, the deadline to file injury cases is two years from the accident date. You will have this long to submit your complaint to the court for an injury in Acworth. If you do not sue before the deadline and do not get tolling for delayed discovery, the court may dismiss your claim.
The Standard of Proof
The court applies the preponderance of the evidence standard of proof to civil claims in Acworth. Under this standard of proof, a plaintiff must prove that it is more likely than not that a defendant caused their injuries. The sum of evidence we present must meet this standard of proof.
Because of that, prior to filing your claim, our personal injury lawyers will obtain, review, and organize evidence that is relevant to your case. For example, together, physical evidence from the scene, eyewitness statements, photographs of a victim’s injuries, medical records pertaining to a victim’s injuries, surveillance footage, and expert testimony can meet the standard of proof applied to personal injury lawsuits.
Georgia’s Comparative Fault Laws
While not a potential in all cases, comparative fault might come into play if a victim’s involvement in an accident is unclear. Under O.C.G.A. § 51-12-33, the court can lower a victim’s damages if they are partially at fault for their injuries. By anticipating this possibility, our attorneys can gather evidence that refutes assertions of your negligence and proves that only the defendant is liable for your damages in Acworth.
The Case’s Value
You should also assess the value of your case before filing an injury lawsuit in Acworth. To do this, our attorneys will review all damages related to the accident in question. For example, if you went to the hospital for medical treatment, your claim can cover those expenses. Other compensable financial damages include a victim’s lost wages.
Non-financial losses also impact a case’s value. For example, suppose you sustained a permanent spinal cord injury in a car accident in Acworth. If the injury has lowered your quality of life or caused you pain and suffering, you may be able to recover non-economic damages in your lawsuit. Our lawyers might use the per diem or multiplier methods to calculate your non-economic damages. When it comes time to prove that you deserve compensation for pain and suffering, our lawyers may use your medical records or testimony from mental health professionals.
Call Our Acworth, GA Injury Lawyers Now
You can contact Howe Law’s Marietta, GA personal injury lawyers to set up a free case assessment by calling (844) 876-4357 today.
