Marietta Personal Injury Attorneys

To successfully obtain compensation, victims must establish certain elements that form the foundation of their personal injury claim. These elements include:

Duty of Care

The first element in a personal injury claim is establishing that the defendant owed the plaintiff a duty of care. This means that the defendant had a legal obligation to act in a manner that would avoid causing harm to others. For example:

1. Drivers have a duty to operate their vehicles safely and follow traffic laws.
2. Property owners have a duty to maintain a safe environment for visitors.
3. Medical professionals have a duty to provide competent, standard care to patients.

Breach of Duty

Once a duty of care is established, the next step is to prove that the defendant breached this duty. A breach occurs when the defendant's actions or inactions fail to meet the expected standard of care. Examples include:

1. Negligent Driving: Speeding, running red lights, or distracted driving.
2. Unsafe Premises: Failing to fix hazards like wet floors or broken stairs.
3. Medical Malpractice: Misdiagnosis, surgical errors, or incorrect treatment.

Causation

Causation is a crucial element that links the defendant's breach of duty directly to the plaintiff's injuries. It must be shown that the defendant's actions (or lack thereof) were the actual cause of the injury. This involves two types of causation:

1. Actual Cause: The direct cause-and-effect relationship between the breach of duty and the injury. For instance, proving that a driver's negligence caused a car accident that resulted in injuries.
2. Proximate Cause: The legal determination that the injuries were a foreseeable result of the defendant's actions. This limits liability to consequences that are closely connected to the breach.

Damages

Finally, victims must prove that they suffered actual damages because of the injury. Damages can be economic or non-economic:

1. Economic Damages: These include tangible losses such as medical bills, lost wages, and property damage.
2. Non-Economic Damages: These cover intangible losses such as pain and suffering, emotional distress, and loss of enjoyment of life.

How Much Time Do I Have to File My Personal Injury Claim in Marietta?

The statute of limitations is a legal deadline that dictates how long you have to file a lawsuit from the date of your injury or the discovery of your injury. If you fail to file within this period, you may lose your right to pursue a legal claim, regardless of the merits of your case.

In Georgia, the statute of limitations for personal injury lawsuits is generally two years from the date of injury. While this applies to most types of injury cases, including motor vehicle accidents, premises accidents, and dog bites, there are some exceptions to the rule. For example, the statute of limitations can be different when the injured party is a minor, injuries or their causes weren’t immediately discovered, or when bringing claims against government entities.

We encourage anyone with a potential claim to reach out to us for a free consultation as soon as possible. There are several reasons why:

• Preserving Evidence: Over time, evidence can be lost or degraded, and witnesses' memories can fade. Acting promptly helps ensure that critical evidence is preserved and remains available to support your case.
• Legal Rights: Missing the statute of limitations deadline can bar you from pursuing compensation, regardless of how strong your case may be. This could leave you without the financial resources needed to cover medical bills, lost wages, and other damages.
• Negotiation Leverage: Filing within the appropriate timeframe maintains your leverage in settlement negotiations. Insurance companies are aware of these deadlines and may use a delay in filing to weaken your position.

Collecting Compensation After a Personal Injury in Marietta

In a personal injury case, you may be entitled to both economic and non-economic damages. Economic damages include tangible losses (e.g., medical bills and lost wages), whereas non-economic damages aim to compensate the victim for the impact that an injury has had on their life (e.g., pain and suffering). 

Your financial recovery should equal what the injury has cost you dollar-for-dollar. This includes anticipated future costs and losses for medical expenses and wages. For example, you may need to retrofit your home to accommodate a disability, or you may no longer be able to earn the same salary at work due to your limitations. All of these costs should be reflected in your award.

Your Marietta personal injury lawyer will also fight for your right to non-economic damages. This includes things such as physical pain and suffering and emotional distress. These types of damages can be hard to quantify, which is why you need a skilled legal professional advocating on your behalf.

The Importance of Evidence in a Personal Injury Case

When you visit Morrison & Hughes for your free consultation, one of our personal injury attorneys will gather as much information about your case as possible. It’s a good idea to bring along a copy of the police report if there is one, as well as names and contact information for any witnesses. 

We have found that personal injury cases often come down to one person’s word against another. The more information we have upfront, the easier it will be for us to prove your version of events to a jury or the other party’s insurance company. 

If you don’t act quickly, evidence will disappear, and proving your case may become impossible. This is why we encourage you to contact our personal injury attorneys in Marietta as soon as possible after an accident.

Marietta Personal Injury FAQ

How Much is My Claim Worth?

The value of a personal injury claim varies based on several factors, including the severity of your injuries, the impact on your daily life, and the circumstances surrounding the incident. Factors that influence case value include:

• Medical Expenses: Costs for treatment, surgery, medication, and rehabilitation.
• Lost Wages: Income lost due to time off work and potential future earnings.
• Pain and Suffering: Compensation for physical pain and emotional distress.
• Property Damage: Costs to repair or replace damaged property.
• Loss of Enjoyment: Impact on your ability to enjoy daily activities and hobbies.

Every case is unique, and our experienced attorneys can evaluate the specifics of your situation to estimate the potential worth of your claim.

How Do Personal Injury Lawyers Get Paid?

Our firm operates on a contingency fee basis, meaning you pay nothing upfront. We will only collect a fee if we successfully recover compensation for you. This approach ensures that quality legal representation is accessible to everyone, regardless of financial circumstances.

Will My Case Go to Trial?

Most personal injury cases are settled out of court through negotiations. However, some cases do go to trial due to various reasons, such as disputes over liability or the amount of compensation. We always prepare each case meticulously, ready to litigate and present compelling arguments to judges and juries if necessary.

What Should I Do Immediately After an Accident?

After an accident, prioritize your health and safety. Seek medical attention immediately, even if injuries seem minor. Document the scene by taking photos and gathering contact information from witnesses. Report the incident to the relevant authorities and contact a personal injury attorney to discuss your legal options.

Can I Still Recover Compensation if I Was Partially at Fault for the Accident?

Yes, Georgia follows a modified comparative negligence rule. You can recover compensation if you are not more than 50% at fault for the accident. However, your compensation will be reduced by your percentage of fault. Our attorneys can help assess your level of fault and fight for the maximum possible compensation.

How Long Does It Take to Resolve a Personal Injury Case?

The duration of a personal injury case varies depending on the complexity of the case, the severity of injuries, and whether the case goes to trial. While some cases may settle within a few months, others can take years to resolve, especially if they involve extensive litigation. We strive to resolve cases as efficiently as possible while ensuring you receive fair compensation.

Do I Need to See a Doctor Even if I Feel Fine After an Accident?

Yes, it’s essential to seek medical attention after an accident, even if you feel fine. Some injuries may not show immediate symptoms but can have long-term effects. A medical evaluation ensures that all injuries are documented and treated promptly, which is crucial for your health and your personal injury claim.

Call For a FREE Consultation: (770) 285-8881 

Our Marietta personal injury lawyers have dedicated themselves to helping victims in the fight for justice. If you have questions about a potential case, your rights and legal options, and how our team can help you, don’t hesitate to reach out. 

We offer FREE consultations and collect no upfront fees. Call (770) 285-8881 or contact us online to get started.