People are involved in varying degrees of accidents daily. While some are minor, many incapacitate their victims. Many of these accidents are due to negligence or intentional acts of some individuals or entities.
“It is completely unfair to suffer losses and damages due to another person’s negligence without holding the person accountable for their actions,” says personal injury attorney Ronny Hulsey of Smith Hulsey Law. “Hence, Georgia and other states across the United States have defined ways of dealing with these cases.”
This article highlights how to deal with typical personal injury accident issues:
Typical Injuries in Personal Injury Mishaps
As noted earlier, people sustain minor and severe harm in personal injury accidents. The severity of your injuries will determine your compensation claims. You can sustain severe injuries through medical malpractice, sports accidents, and auto mishaps. These injuries include loss of limbs, paralysis, traumatic brain injuries, broken bones, whiplash, and spinal cord injuries.
People who suffer permanent injuries from an accident bear greater medical costs as their care is ongoing. They may also need to modify their homes and vehicles to accommodate their new lifestyle. What is the cost of ongoing therapy? There are no mincing words that an individual in this situation will demand more compensation than someone who sustains a minor injury.
Understanding the Typical Personal Injury Claims
People make claims based on the specific nature of their injuries. However, the typical ones include slip and fall accidents, auto accidents (car, truck, and motorcycle accidents), premises liability (against property owners or users), and nursing home injuries (abuse and falls). Other typical ones include dog bites or animal attacks, medical malpractice claims, defective product claims, and workplace injury claims (falls, crushing injuries, and toxic exposure to substances). The place where you sustain an injury and the type of harm caused will determine your claim. For instance, you will probably file a workplace injury claim if you develop cancer due to continued exposure to toxic substances at work.
What a Wrongful Death Case Entails
Unfortunately, some accident victims die from the incident. The deceased cannot institute a personal injury claim in this instance. If the deceased is your family or loved one, you can institute a wrongful death claim against the negligent fellow or entity. The damages you can recover in this suit include loss of support, burial expenses, loss of benefits, and funeral costs.
You Need to Act Swiftly
You cannot go to sleep after an accident and assume you can file a claim when it pleases you. Georgia and other states have a “statute of limitations.” It is the timeline the law allows personal injury victims to file a claim. Like most other states, Georgia has two years from the date of the injury or death for its personal injury claims. Stated differently, you must file a claim within two years of the accident or the death of a family member. Otherwise, you will lose the opportunity to seek accountability from the defendant. If you are one day late, you are already too late. However, some situations may warrant shortening or extending the timeline. Your personal injury attorney will tell you what applies to your case.
How to Deal with a Personal Injury Incident
As observed, you can file a personal injury claim or lawsuit if involved in an accident. You must prove the defendant’s legal liability to win your case. That is why a local personal injury attorney is almost indispensable to the success of your case. Your lawyer will prepare a solid case on your behalf. Although most personal injury cases end at settlement, your attorney will prepare the case as if they are heading to trial. The defendant or their insurance company will tell you to drop the case for financial compensation.
Negotiations will begin. If both parties reach a consensus, the insurance firm will pay the settlement amount to signal the end of the case. Most people prefer this route because it is quicker, less demanding, and cheaper than litigation. You must show that the defendant was negligent for your claim to stand. In light of this, you must establish four crucial elements in your argument. First, the plaintiff must establish that the defendant owed them a duty of care. However, they failed in this duty by acting against logic. You will further establish that their illogical action is responsible for the accident. Finally, you must prove that the accident is directly responsible for your injuries and losses.
However, some personal injury claims are based on intentional torts; the defendant intentionally injures you. Examples include defamation, battery, and assault. Under this context, you can hold the defendant accountable for your losses and injuries.
Final Words
While you can handle the process alone, it can be unwise. Georgia’s personal injury laws are complex and challenging for a non-legal person to understand quickly. Drafting in a local personal injury attorney will help you resolve these technicalities. Your attorney will evaluate your case to determine its merits. They will also develop a strategy to increase your chances in the legal battle. Ultimately, they will preserve your rights during the process.
