Have you been injured through the negligent actions of others to the extent of needing medical attention? If so, you may be eligible to pursue restitution through a personal injury lawsuit. A qualified Georgia personal injury attorney can evaluate the specifics of your case and offer guidance and advice for free.
Are You Eligible?
Personal injury law covers lawsuits where one party, i.e., the plaintiff, seeks compensation from another, ie., the defendant, who they believe is legally responsible for an accident that caused them injury.
The law holds us accountable for actions, expecting us to exercise care and discretion, especially when relating to others in whatever capacity. Therefore, you are entitled to compensation if someone’s carelessness and negligence caused you injury.
This begs the question, what type of accidents constitute personal injury? They are outlined below:
- Vehicle accidents, ie., car, motorcycle, truck, bicycle, pedestrian, and bus crashes
- Slip and fall accidents as a result of wet and slippery floors, icy walkways, damaged floors, insufficient lighting and similar hazards
- Medical malpractice, including birth injuries, hospital negligence, misdiagnosis, surgical error, and finally failed or botched procedures
- Animal bites
- Wrongful death
- And more
Hence, if you sustain injuries in any of the mentioned incidents and you believe someone else is responsible, you are entitled to compensation for the following damages:
- Medical bills and related expenses
- Lost income as a result of missing work when seeking treatment and recovering
- Physical suffering ie. the pain you endured as a result of the injury
- Loss of consortium- damage to your relationship with your wife or children
- Permanent disability as a result of the accident
- Property damages
- Wrongful death
- Emotional distress
“The mere occurrence of an accident is not grounds for automatic restitution; if only it were that easy. The burden of proof falls on the plaintiff to prove the circumstances leading up to it, the occurrence, and the damages they sustained,” says personal injury attorney Robert James.
And as mentioned before, negligence forms the core tenet of such cases, epitomized by the following four elements, which you must prove:
- Duty of care- To set course for your claim, you must prove that the defendant owed you a duty of care. For example, drivers owe a duty of care to other road users to avoid dangerous habits that put others at risk like driving under the influence of drugs and alcohol.
- Breach of duty of care- Next, you must demonstrate the at-fault party breached their duty of care towards you, like getting behind the wheel while under the influence of drugs and alcohol.
- Causation- Next, you must show that their failure to observe their duty caused the accident in which you were involved. For instance, the drunk driver, while intoxicated, ran a red light, t-boning your vehicle.
- Harm- Finally, you must prove you suffered actual injury as a result, warranting medical attention for which you deserve reimbursement as well as other damages.
The Need for An Attorney
While it’s perfectly fine to pursue the case yourself, it is less advised, and for a good reason. The personal injury law landscape can be complex and nuanced. The success of your case is dependent on many different factors, which can be quite burdensome when handling the case alone. Working with a personal injury attorney is the best path forward. Most lawyers in this field work on a contingency basis, meaning they only get paid if you win.
