Have you been hurt in an accident that was not your fault? If the answer is yes, you should reach out to a skilled Gainesville personal injury lawyer as soon as possible. At Cook Law Group, we understand that the last thing that you want to handle after an accident is the legal system, but it is important to know that you may be entitled to compensation for your harm. Personal injury claims can be complex, and having the right attorney on your side may make the difference in your case. We represent people who need a car accident attorney or assistance in a wide range of other personal injury claims, such as those arising from truck, car or motorcycle crashes, drunk drivers, dram shop cases, road rage incidents, medical malpractice, nursing home neglect or abuse, defective products, construction site injuries, burns, highway defects, or amputations.Asserting Your Rights Through a Personal Injury Claim
Personal injury law is a broad area of law that covers situations in which a victim is harmed due to the carelessness or wrongdoing of another individual or entity. Personal injury lawsuits are civil claims that typically involve a victim suing an at-fault party for compensation.
Most personal injury claims involve the doctrine of negligence. Negligence is a failure to exercise a certain degree of care in order to minimize the risk of foreseeable harm to another person. For example, a driver who is excessively speeding may be liable for negligence if they cause an accident that results in injuries or death to someone else on the road. To establish negligence, the following elements must be demonstrated:
- The plaintiff was owed a duty of care by the defendant (in other words, the defendant had a legal obligation to use a certain degree of care);
- The defendant failed to meet the duty of care in the situation;
- The defendant’s failure to meet the duty of care was a direct and proximate cause of the plaintiff’s harm; and
- Damages resulted that can be reasonably quantified.
Georgia follows the comparative fault rule, which means that a plaintiff’s damages will be reduced by an amount in proportion to their fault, if any. In some situations, for example, the other driver may be deemed to be 80 percent at fault, and the victim may be deemed to be 20 percent at fault. If the victim were originally going to receive $50,000 in damages, that amount would be reduced by 20 percent so that they would get $40,000.
Once liability is established, the plaintiff can potentially recover both economic and non-economic damages, such as medical costs, prescription costs, lost income and benefits, pain and suffering, property damage, and any other costs arising from the accident.
Personal injury lawsuits in Georgia must be filed within a certain time frame, known as the statute of limitations. A plaintiff generally has two years from the date of the accident to file a civil claim in court. If you fail to file within this deadline, the court probably will refuse to hear your case, and you will lose your chance to seek compensation for your injuries absent certain exceptions. Other deadlines may also apply in cases involving intentional misconduct, or claims involving the State of Georgia, a County, or a City.Consult an Experienced Personal Injury Lawyer in Gainesville
If you have been injured or someone in your family has died due to the carelessness of another party, it is important to reach out to a seasoned and experienced personal injury attorney who can assess the merits of your case and who has a proven track record of success handling your type of case. At Cook Law Group, we are committed to seeking the compensation that you need to recover from your injuries. We also represent victims in Athens, Atlanta, Marietta, Smyrna, Alpharetta, Johns Creek, Lawrenceville, Norcross, Valdosta, Augusta, Camilla, and Columbus, as well as other communities in Hall, Clarke, Fulton, Cobb, Gwinnett, Lowndes, Richmond, and Muscogee Counties. To speak to a personal injury or wrongful death attorney about your case, call us at 678-298-3899 or contact us online.