When someone has wronged you, the law often allows you to sue them. In cases of personal injury – where you suffered physical injuries, mental and emotional distress, and other expenses – you can often file an insurance claim and/or a personal injury lawsuit to recover compensation. However, doing so should be done with the help of a lawyer.
Defendants – especially wealthy individuals or companies with a bottom line to protect – would rather block payouts and deny claims against them than get the injured victims’ medical bills paid. Get what you are entitled to with the help of an experienced attorney.
Call Howe Law’s Savannah, GA personal injury lawyers today at (844) 876-4357 for a free review of your potential injury case.
Determining Who to Sue for a Personal Injury in Hinesville, GA
When you are hurt, you need to determine who was responsible for your accident in order to file a claim against them. In many cases, you can tell right away who is responsible: a driver crashes into you, a dangerous product has a clear brand name on it, or someone nearby apologizes and admits responsibility by saying they cannot believe they “did that.” In other cases, finding the at-fault party is a bit more complex.
Admissions of Fault
When someone does admit fault for an accident, you can typically hold them responsible. If a driver says they “hit you” or otherwise admits they were involved or responsible, you can use their statements against them. When companies and corporations are involved, they are likely to keep quiet and refuse to admit fault. The same is true of medical malpractice cases, where doctors are often counseled by their hospital or insurance company to avoid making any statements.
Finding the At-Fault Party
In many cases, the at-fault party is not present when the accident happens. This is sometimes the problem, especially in cases where people are injured because of dangerous and defective conditions on the defendant’s property. An absentee landlord who never repaired your building’s stairs, negligent store workers chatting in the corner instead of cleaning up a spill, or construction workers leaving dangerous scaffolding after hours could each be held responsible for the dangers they left in place when they were gone. Similarly, companies that produce dangerous products, auto parts, and drugs put them into the stream of commerce and often shirk responsibility when their products injure or kill users.
Additionally, many employers can be held liable for what their workers do. This can include a store whose janitor failed to mop up a spill, a landlord whose handyman failed to replace a smoke detector, or a trucking company whose driver came to work drunk.
In some cases, it will take some research to discover who owns the property, what company someone works for, or what company actually manufactured a product sold by another company. In many cases, our personal injury lawyers can perform this research or even file the claim against multiple parties, pushing them to reveal any other at-fault parties that might be better targets for the lawsuit.
Determining Who Pays
In some injury cases, who is at fault and who pays will be different. As mentioned, many employers can be held liable for the actions of their employees. For example, this could mean suing a grocery store instead of the teenage worker or a trucking conglomerate instead of the individual driver.
In some cases, contracts between parties will affect liability. The most common way this happens is with insurance, where the insurance company promises to “indemnify” the insurance customer. That means that they will pay and take responsibility for what their customer does if it falls within the scope of the insurance policy. You might still sue the original defendant who actually injured you, along with the insurance company providing them with a lawyer and providing you with payments.
How a Personal Injury Case Works in Hinesville, GA
Once you have determined who to sue, you should have your attorney review the case and determine what grounds you have to sue them and how strong the case is. Then, your lawyer can advise you on how to get compensation, from an insurance claim to a lawsuit and a settlement with the defense.
Analyzing Your Case
Most cases are based on a claim that the defendant was negligent rather than that they injured you on purpose. While you certainly can sue for intentional injury, cases involving slip and falls, property injuries, car accidents, defective products, medical malpractice, and many more common injury cases usually involve accidents instead.
To prove that someone is responsible for the accident, you must have evidence that they violated a legal duty and that that violation was what caused your injuries. You must also have evidence of the injuries and damages you faced, such as medical bills, pay stubs, and receipts for expenses.
Filing an Insurance Claim
When filing an insurance claim, do not expect to “win” your claim right away. Insurance companies will often deny and undervalue claims in an attempt to close the case cheaply. This means that the damages offered will usually be too low.
It is vital to deny any settlement offers and speak with a lawyer, as accepting damages can be considered a legal settlement that bars you from suing entirely. You should also discuss with your attorney what you should and should not say to insurance to help protect your claim. We can negotiate with the defendant and their insurance company to seek a better settlement.
Filing a Lawsuit
Often, cases need to be filed in court, if not with the hope of spending weeks in trial, then at least as an alternative if the insurance companies continue to stonewall you. An insurance company might be more likely to settle if it knows a lawsuit is imminent since it can then avoid the cost of taking the case to court. If they refuse to cooperate and settle at a fair value, then we can fight the case in front of a jury to get you the damages you need.
Reach Out to Our Hinesville, GA Personal Injury Lawyers Today
If you were hurt in an accident, call (844) 876-4357 today to speak with Howe Law’s personal injury attorneys.
