A personal injury lawyer can help if you have been injured in any type of accident. Especially if the injury was no fault of your own, our attorneys can help you understand what insurance claims you can file or lawsuits you can bring to recover compensation for your injuries.
Many victims may not even know whether they “have a case” or what their case could potentially be worth. It is vital to avoid getting taken advantage of by profit-focused insurance companies or businesses and instead talk to a lawyer any time you think you might potentially have a case. That way, we can help you understand what your claim is worth and press the case on your behalf if you decide to move forward with a claim.
To receive a free evaluation of your potential case, call the Atlanta personal injury lawyers from Howe Law at (844) 876-4357.
What Are the Grounds for a Personal Injury Case in Redan, GA?
If you were hurt in an accident, you might have grounds to file a claim, but it is not always obvious without having a lawyer review your case. Our personal injury lawyers usually analyze potential cases by looking at whether the elements of the following listed “causes of action” are met.
If what happened to you or a loved one does meet the elements of one of these types of cases, then our lawyers can help you move forward with your claim. If you are not sure whether these elements apply to your case, we can go over the facts with you in a free case evaluation.
Assault and Battery
When someone intentionally hits you, you can usually file two causes of action: an assault claim and a battery claim. In criminal law, “assault” means the act of intentionally striking someone else and causing them injuries, but in civil law, the “tort” of “assault” is putting someone in apprehension that they will be injured. For example, if someone pulls their fist back and swings at you, then that is assault whether it makes contact or not. “Battery” is the tort you sue for when the strike actually makes contact.
These claims are usually filed together after fights, altercations at a bar, vehicle assault, and other kinds of assault cases. You can also sue for unwanted touching as opposed to things like punches, stabs, and gunshots. This is quite common in cases of sexual assault.
It is far more common that injury cases are based on negligence rather than intentional acts. Not only is it easier to prove that someone did something by accident than through intentional acts, it is also more likely that someone did not necessarily mean to hurt you when the accident happened. This is, after all, why we call them accidents – but that has no bearing on whether or not the other person is still at fault for your accident.
These same elements apply – with more specifics applied – whether you are suing for a car accident, medical malpractice, product injury, an accident on someone else’s property, or any of a dozen types of personal injury cases.
First, there must be a duty the defendant violated for you to have a negligence claim. This is usually put in place by a statute, such as a traffic law or a building regulation. It may also be put in place based on what is reasonable in the situation, given the relationship between you and the defendant. For example, a property owner has to keep the premises safe for guests, and a doctor has to treat a patient with appropriate care and skill.
Second, there must be a violation of this duty. Without doing something wrong, the person or company cannot be held responsible.
Third, that breach or violation of duty must be what caused the accident. If there was an outside cause, you might want to look for another defendant. If you caused the accident yourself, you might not have a case.
Lastly, there must be damages. Without actual harm – be it physical or mental/emotional – you cannot sue for injuries.
If a loved one was killed in an accident or through intentional means, then you might have a case for wrongful death. These cases are often some of the most highly contested legal cases, and it is vital to have a lawyer assess your case. In most cases, the elements will be the same as one of the above causes of action: either your loved one was killed by intentional means or through negligence.
What Kinds of Parties and Companies Are at Fault in Personal Injury Cases in Redan, GA?
Who you hold responsible for your injuries will change depending on how the accident happened. In many types of cases, the at-fault party is somewhat obvious, but determining how they are legally at fault could still be difficult, even if they are the obvious target for your lawsuit.
In some cases, the fault lies with someone who was directly involved in the accident. For example, if you got hit by another driver, you would sue them. We may need to look into the facts and the law to determine what grounds you have to sue them for, but they are the most obvious party to sue.
In some cases, a company is involved behind the scenes, and it might take research to find out what company that is. For example, truck accidents can often lead to lawsuits against the company the truck driver works for. Manufacturers might be behind defective products, property management companies might be behind dangerous premises, and hospital networks might be behind negligent healthcare decisions.
In some cases, there may even be multiple parties to sue, and our lawyers will need to find grounds to sue each party.
Call Our Lawyers for Victims of Personal Injuries and Accidents in Redan, GA
If you or a loved one was injured in an accident, or if you lost a loved one in an accident, call Howe Law’s personal injury lawyers today at (844) 876-4357.