Negligence is when a person does not carry out certain standards of conduct. A person can cause harm or loss to someone else by doing something that a careful person would not do or failing to carry out an act that a careful person would do. Therefore, the law requires this person to compensate the injured person for the injuries and damages caused.
It is easy to get injured due to someone else’s negligence. Luckily, it is possible in Atlanta, Georgia to get compensation for your injuries and damages if you were not at fault. However, you will mostly fight with insurance companies that have a team of lawyers. Insurance companies hate paying huge settlements. That is why we highly encourage you to have a highly skilled and experienced Atlanta negligence lawyer by your side.
If you did not cause the accident, do not let your injuries affect your health and life. We can help you fight for what you rightfully deserve. We are here to help! Looking for the best legal representation available? Call our Atlanta personal injury lawyers today at (404) 574-4308.
Table of Contents
What Is Contributory Negligence?
It is the failure of the plaintiff to exercise reasonable care for their safety. Who is a plaintiff? It is the person bringing a case against the defendant. If the plaintiff’s action increased the chance of the accident occurring, contributory negligence can reduce the amount of the plaintiff or it can bar recovery.
In Georgia, if the plaintiff is less than 49% responsible for the incident, they are eligible for compensation. However, if the court finds that the plaintiff is more than 50% at fault, the plaintiff can lose the right to recovery.
What Should You Do After An Accident?
Once you get into an accident, it is easy to get overwhelmed and confused because there are so many steps you must take. It is important to ensure everyone is safe, especially if you are safe yourself. Here are some of the things you can do after an accident:
Check for Injuries
After an accident, check yourself for injuries and ensure everyone is safe. Some people can die due to a lack of first aid. Call 911 immediately to get an ambulance. If you are not injured, provide first aid to the injured people, even if the injuries are minor. And remember to call the police.
It is easy to take photos these days. We carry mobile phones with the best cameras. So, use your smartphone to take photos of the scene. Take pictures of the visible damages, and take photos of your visible injuries. As you take your photos, do not interfere with the police investigation. However, if you cannot move, you can take the phones after the accident. Do not try to move if you are injured. You can still take the photos later.
Make an Accurate Record
Once the police arrive at the scene, they will ask you questions. Tell them exactly what happened. If there are some facts you do not know, tell them. Avoid speculating, guessing, and misstating the facts. If you are asked if you are injured, do not say you are not injured. It is better to say you are not sure. The things you say can be used against you in the future.
Report the Accident
Do not wait for a long time to report the accident. Report the accident immediately to your insurance company. Many insurance policies require full cooperation and immediate reporting. If you got injured in your place of work, report the accident to the person in charge.
Investigating police officers will take down the names and numbers of witnesses. However, you must also write down the names, addresses, and telephone numbers of these witnesses and everyone involved in the accident. Your lawyer will contact them in the future. Having witnesses will help you with your lawsuit.
Get Medical Attention
After an accident, your injuries might not be apparent. Do not assume you are not injured. You may feel the most pain a few days after the accident. We highly recommend you get medical attention unless you are completely certain you were not injured. Also, when you seek medical attention, you will have medical records that your lawyer will use in the future.
Call a Lawyer
It is important to call a negligence lawyer immediately after the accident. Your lawyer will get all the necessary evidence and talk to the witnesses. This will help the negligence lawyer build a strong case. However, if you do not know any negligence lawyer, we highly encourage you to call our negligence lawyer at (404) 574-4308.
Types of Negligence Claims
It is a must to prove the negligence of the defendant if you want to win a compensatory award in Atlanta, Georgia personal injury claim. However, there are so many types of negligence claims. Understanding all these types will help you with your claim.
Here are the types of negligence claims:
This type of negligence usually occurs when a person is held liable for the injuries caused by someone or a pet, which they were responsible for. For example, if a pet causes damages in the presence of the owner, the owner of the pet will be held responsible for the damages.
This type of negligence usually involves violence and medical neglect. A defendant can be held responsible for retributory costs if they discover the defendant is entirely at fault for the injury. An example of gross negligence is the use of unsanitary medical equipment.
This type of negligence is mostly used for settling claims out of court. The settlement can be reduced in the same measure the defendant is at fault in the accident if the plaintiff is partially responsible for the injuries. For instance, if you are 40% responsible for your injuries, your settlement reduces by the same degree.
This type of negligence occurs if they find that the plaintiff is partially responsible for the damages. Contributory negligence affects the measure of the compensation, even though it does not absolve the defendant of charges. An example of contributory negligence is not seeking medical attention immediately after an accident.
Our negligence lawyers can help prove the negligence of the defendant. Proving the defendant’s negligence increases the chances of getting the best settlement for our clients. Want us to help you get the best settlement? Call us today!
The Elements of Negligence
It is a must for the plaintiff to prove all the elements of negligence if they want to win a lawsuit for negligence. As a plaintiff, if the defendant did not cause you any harm, you might fail to get the compensation. This is because juries compare evidence, facts, and testimony before deciding on a verdict in a negligence case.
Here are elements of negligence:
Cause in Fact
You must prove that the actions of the defendant are the actual cause of your injuries. This means the injuries might not have occurred if the defendant did nothing. That is why it is important to prove that the actions of the defendant caused your injuries.
The defendant will only be held liable for the damages if they could have foreseen that their actions will cause these damages. It is not possible to prove that the actions of the defendant were the proximate cause of the damages if the defendant could not have foreseen these damages.
If the defendant owed a duty of care to the plaintiff, it can affect the outcome of some negligence cases. Therefore, the judge will try to find if the defendant owed a duty of care to the plaintiff. A duty arises if the law recognizes a relationship between the plaintiff and the defendant, so the law requires the defendant to act in a certain manner toward the plaintiff.
Breach of Duty
Do not just prove the other person owed you a duty. How can a defendant breach such a duty? The defendant can fail to exercise reasonable care in fulfilling the duty. But, the jury will decide whether the defendant breached a duty of care.
As a plaintiff, you must prove a legally recognized harm. The defendant can fail to exercise reasonable care leading actual damages to an individual to whom the defendant owed a duty. If this happens to you, file a personal injury claim within the given time frame.
We can help you file a lawsuit. Our negligence lawyers will help you build a strong case and prove all the elements of negligence. This increases the chance of getting what you rightfully deserve.
Damages You Can Receive In A Negligence Claim
You must suffer specific, real, and compensable damages if you want to file a negligence claim. If you did not suffer any damages, there is no reason to bring a claim. If you suffer a personal injury due to the negligence of someone else, you can receive damages by filing a negligence claim.
The following are the damages you can receive in a negligence claim:
They are compensatory damages. They repay you for lost wages and your medical bills. It is easy to determine economic damages because there is no room for speculation. You will submit your employment records and medical bills to the court. The court uses these documents to determine economic damages.
These are not clear damages, including suffering, pain, and emotional distress. A jury awards a reimbursement by interpreting the value of these damages. Defendants pay non-economic damages such as loss of consortium, emotional distress, and pain and suffering.
Careless people can cause injuries in some cases. It is not fair for these people to get away with their negligence. Luckily, it is possible to recover punitive damages in Atlanta, Georgia. However, it is rare for punitive damages to be awarded. If awarded, however, they can cost the defendant a lot of money.
What Is The Statute of Limitations for Negligence Claims In Georgia?
Once you suffer a personal injury, we highly encourage you to bring a lawsuit for compensation. In fact, we can help you file the lawsuit. Our lawyers have several years of experience, and they will help you file the case on time. You have a short window of time to make up your mind, so give us a call today at (404) 574-4308.
Wrongful Death: Two Years
You can bring a wrongful death lawsuit if your loved one died due to the negligence of someone else. You should bring the lawsuit within two years from the date of death.
Medical Malpractice: One or Two Years
You can claim for medical malpractice if a medical professional injures you or if your loved one dies. You have two years from the date of the injury or death to bring a lawsuit. There is a five-year statute of repose in Georgia. This cuts off every medical malpractice lawsuit five years after the injury.
Personal Injuries: Two or Four Years
You have two years from the date of most personal injuries to file a lawsuit. Once your legal claim accrues, the clock starts ticking. However, you have four years to file a lawsuit if you want to bring a loss of consortium. Loss of consortium is the loss of companionship or loss of care.
Why Do I Need a Lawyer For an Injury Claim?
We do not encourage you to bring a personal injury claim on your own. It is easy to get overwhelmed and confused. We can help you deal with insurance companies and law enforcement. And our lawyers will go over the paperwork from doctors. Have you been hurt in an accident? Call us today. Here is our number; (404) 574-4308.
Here are the benefits of hiring a lawyer:
Case Preparation / Filing a Lawsuit
Our personal injury lawyers have several years of experience with personal injury cases. They have worked on several cases just like yours. Our lawyers will review your case and they will tell you if your case is worth pursuing legal action. We can save you time and the expense of preparing for litigation if we know you are not likely to win the case.
Prove the Elements of Negligence Case
As we mentioned previously, it is hard to prove the elements of a negligence case. If you cannot prove the elements of negligence, you will not get compensated for the damages. Our lawyers understand all the evidence that can make or break your case. And they know how to negotiate a settlement and calculate damages for things such as medical bills or emotional distress.
To recover damages in Georgia, you must be less than 50% responsible for your damages. We know humans are not perfect, so they make mistakes. That is why we do not let your actions prevent you from receiving damages. Our attorneys will explain how your liability affects the compensation amount. They are ready and willing to fight to minimize your percent at fault.
We know you want the best settlements. However, it is hard to get the best settlements if you do not have a highly skilled and experienced attorney by your side. Don’t want to go to court? We can help negotiate settlements out of court. And we will negotiate the settlement on your behalf. Our lawyers will work hard to resolve the case as fast as possible. And they work hard to help you achieve the best possible settlement.
Trial Preparation & Representation
Personal injury cases usually involve lots and lots of paperwork, confusing medical terms, and complicated legal procedures. Our highly skilled lawyers can work through the confusing medical terms and complicated legal procedures as they prepare your case. We know you want to move on with your life, so we will resolve your case as soon as possible. After you provide us with the necessary documents, we will prepare for trial and we will represent you.
Fight Big Corporations and Insurance Companies
Bringing a lawsuit against a big corporation? It is hard to win a case against big corporations. These corporations and their insurance companies hire the best lawyers to keep their costs down. Insurance companies will not pay you without fighting and they can cut corners. Want to make it a fair competition? Call us today. We can help you fight the big corporations and insurance companies on your behalf.
Contact an Atlanta Negligence Lawyer Today
The injuries you suffer due to someone else’s negligence can be extensive. Your injuries can lead to serious financial constraints as your medical bills mount because you are not working. Want to get compensation? We can help you get compensation if your injuries were due to the negligence of another person.
Our personal injury lawyers have been helping our clients get compensation for several years. We are heavily invested in the cases of our clients. This is because we want to get the best results possible for our clients. We handle all of our clients uniquely because we understand each client is unique.
We will make sure you get a fair amount of compensation for your injuries. Call our Atlanta personal injury firm today at (404) 574-4308 for a free case review.