Any time you face injuries caused by something that another person did, you might have grounds for a lawsuit. It is worth taking these cases seriously, as a lawsuit or insurance claim might be able to pay for all of the damages you faced, leaving you with all expenses and additional pain and suffering damages covered.
If you were hurt in some kind of accident caused by someone else, a personal injury claim might be able to reverse the damage done – to the extent possible. However, you should act quickly, as any delays might end up hurting your case or making it harder to collect evidence. No injury case is too big or too small.
For a free case review, call our Atlanta, GA personal injury attorneys at Howe Law today at (844) 876-4357.
How Do Personal Injury Cases Work in McDonough, GA?
When you are injured in an accident of any kind, you might have grounds for a personal injury case. What exactly a personal injury case is and how you file one might not be something that non-lawyers are experienced with, so here is a basic explanation from the beginning:
Insurance Claims and Lawsuits
When you face harm – physical or economic – because of something another person did, you might have grounds to sue them. A personal injury lawsuit is a civil lawsuit filed in civil court for injury rather than a criminal case filed by prosecutors.
As an alternative to a lawsuit, insurance might be available to cover the injuries through a claim. However, insurance companies are often reluctant to pay damages in full. As such, our personal injury lawyers might be able to negotiate with them or else take the case to court in a lawsuit to get you full damages.
Elements of an Injury Case
When someone else injures you, you need to meet all of the elements of a personal injury case to be able to file your case against them. In cases where someone assaulted you, you can sue them for intentional injuries, but most cases are based on accidents instead. These cases are filed as “negligence” lawsuits.
Negligence consists of a breach of duty, which can be a violation of a law or a violation of common practices and “reasonableness” standards. For example, speeding is a traffic violation, so if someone hits you with their car while they are speeding, that would be a breach of duty. Something like medical care has no specific statutes on point, so instead, medical malpractice cases deal with whether the care the doctor provided was reasonable. Similar standards are used for things like whether a homeowner kept their property reasonably free of dangers that could injure guests or whether a product had reasonable warnings for users to avoid injury.
The breach of duty must be what actually caused the injuries in order for there to be a lawsuit. As such, you cannot sue when everyone was doing everything right or if the injuries happened because of some uncontrollable circumstances.
Lastly, you must have injuries and other damages – such as expenses related to your injuries – to be able to sue. These are collectively known as “damages.”
The Injury Lawsuit Process and Procedures
When you think you have an injury case, you call a lawyer for a case review. After we analyze your case, we can explain to you how strong we think your case is and talk to you about agreeing to take us on as your attorneys.
From there, we will assemble the facts and evidence you have, collecting more as necessary. Once we have the case assembled, we will file it in court.
There are a lot of pre-trial steps in a lawsuit, such as depositions (where we interview witnesses on the record), discovery (where we exchange evidence), and pre-trial conferences (where we try to negotiate the case). If we cannot settle the case through negotiations with opposing counsel, it will go to trial.
At trial, we present witnesses and evidence to prove what happened. The defendant will usually have their own lawyer, often appointed to them by their insurance company. They will try to fight the case and present their own evidence and witnesses. They can also cross-examine our witnesses and evidence.
If the case makes it all the way through trial, the jury (or judge if you opt for a “bench trial” without a jury) will decide who was at fault and how much your damages are worth. Most cases, however, settle through an agreement with the defense before ever getting to trial, let alone getting to a jury decision.
What is My Injury Case Worth in a Settlement in McDonough, GA?
As mentioned, most cases settle without going to trial. In a settlement, the victim agrees to withdraw their claim and stop pursuing further lawsuits in exchange for a payout. Injury claims often settle for high dollar amounts, but you should always talk to our lawyers about whether your settlement is enough to cover your damages. You should never trust the defendant or their insurance company when it comes to putting a value on your damages; instead, work with our attorneys.
All injury cases should pay for at least the following areas of damages: medical bills, lost earnings caused by the injury, and pain and suffering. Calculating some of these damages is as simple as finding the receipts and bills you faced or multiplying your wages by your missed days at work. However, when it comes to calculating pain and suffering or calculating ongoing lost earnings, the calculations are more intricate.
There are also other areas of damages we may be able to ask for in a settlement as well, but they are all based on the specifics of your case. As such, you should review your case with our lawyers for help knowing what a “good” settlement would be for your claim.
Call Our McDonough, GA Personal Injury Lawyers Today
Call (844) 876-4357 for a complimentary, no-obligation case evaluation with the personal injury attorneys at Howe Law.
