Peachtree City Personal Injury Lawyer
Injuries happen all the time, but if you or a loved one had been harmed due to the careless or negligent actions of another person, you may be entitled to compensation. The team at Kam, Ebersbach & Lewis, P.C. is ready to investigate what happened in your case in order to secure the compensation you need. Our Peachtree City personal injury lawyers have the knowledge and experience necessary to get you through this. Our law firm has recovered the largest personal injury verdict in Coweta County and we are prepared to fight for you. Call (770) 251-7100 to schedule a free consultation or contact us online.
Do I need a Personal Injury Lawyer?
Personal injury cases can become incredibly complex, and most injured individuals do not have the resources or experience necessary to secure maximum compensation for their injuries. The Peachtree City personal injury attorneys at Kam, Ebersbach & Lewis, P.C. will:
- Gather all evidence related to your injury, including video and photo surveillance, eyewitness statements, accident reports, and more.
- Ensure your medical records are reviewed by a trusted health care professional who can properly calculate your total damages.
- Negotiate with all parties involved in order to secure the compensation you are entitled to or prepare your case for trial if necessary.
What is a Personal Injury Lawsuit?
Personal injury lawsuits arise anytime the careless, negligent, or intentional actions of one party cause harm to another. In general, most injury claims are resolved through settlement with insurance carriers without the need for a civil lawsuit arising. However, if insurance carriers or at-fault parties refuse to offer a fair settlement or deny a claim, an injury victim may need to file a personal injury lawsuit in civil court in order to recover the compensation they deserve.
What is Negligence
Negligence, for the purposes of a personal injury claim, is an unintentional action, as opposed to something that a person does intentionally to cause someone else harm. Negligence occurs when a person fails to act with a certain level of care that is required in the given circumstances. There are certain elements of negligence that need to be established in order for a personal injury claim to be successful.
How to Prove Negligence in a Personal Injury Claim?
- Duty. A defendant (the alleged negligent party) in the case should have had a duty of care owed to the plaintiff (the injured person in the case). The level of duty of care required in these situations will vary depending on the circumstances of the case. For example, this could be a doctor-patient relationship that is clearly defined, or it could be the requirement of a driver to operate reasonably safe with respect to others on the roadway.
- Breach. There must have been in breach of the duty of care between the plaintiff and the defendant. Establishing a breach of care will require analyzing whether or not the defendant acted in a way that a reasonably prudent person would have acted in the same situation.
- Causation. If it can be established that there was a duty of care and that there was a breach of that duty, it will need to be shown that the breach of duty caused injuries to the plaintiff.
- Damages. Finally, it needs to be established that the injuries caused by the breach of duty led to some sort of loss for the plaintiff (medical cost, lost income, pain and suffering, etc.)
Who can be Held Liable for My Injuries?
There may be various parties that can be held liable for an injury claim. No two personal injury cases are exactly alike, and because injury claims arise in a wide variety of ways, the parties that can be held liable also vary widely. Some of the most common parties that are held liable in a personal injury claim or lawsuit include the following:
- At-fault drivers in vehicle accidents
- Negligent property owners
- Companies or manufacturers of defective products
- Negligent medical professionals or medical facilities
- Negligent dog or pet owners
- Government entities
- Perpetrators of violence
In many personal injury claims, it is determined that there may be more than one party who could be held liable for causing harm to another. In these cases, it is crucial to have a personal injury attorney who can properly investigate the case and help assign liability and ensure that the claim is properly filed against any possible liable party.
What if I was Partially Responsible for My Accident?
In many personal injury cases, it is clear that there is only one liable party. However, that is not always the case. It is not uncommon to determine that more than one party shared liability, including the injury victim themselves. In some states across the country, jurisdictions operate under what is called a contributory negligence system where an injury victim will be unable to recover compensation if they are in any way responsible for the incident.
However, Georgia operates under a “modified comparative negligence” system, which means that injury victims may still be able to recover compensation even if they are partially responsible. In this state, any person who is less than 50% responsible for their injuries can still recover compensation from the at-fault party. However, when a person is partially responsible for causing their own injury, the total amount of compensation that they recover will be reduced based on their percentage of fault.
For example, suppose that Shonda was rear-ended in a vehicle accident when she stopped at a stop sign and sustained $10,000 worth of damages. In general, we would find that the driver who rear-ended Shonda would be responsible for the collision and have to pay her injury expenses and property damage expenses. However, what if Shonda had neglected to fix the brake lights in her vehicle? In a case like this, it may be determined that Shonda is partially responsible. Suppose a jury determines that Shonda is 30% responsible for the collision because her brake lights were faulty. In this case, Shonda would receive $7,000 in compensation instead of $10,000 to account for her 30% of the fault.
Statute of Limitations to File a Claim
In Georgia, there is a two-year statute of limitations in place to file a personal injury lawsuit against a negligent party that causes you harm. This two-year clock begins the date the incident occurs.
If you or somebody you love has been injured due to the careless or negligent actions of somebody else, contact a personal injury lawyer in Coweta County immediately. At Kam, Ebersbach & Lewis, P.C., we are going to thoroughly investigate your case in order to secure any compensation you’re entitled to, which can include:
- Your medical expenses related to the incident.
- Any income you lost if you could not work.
- Pain and suffering damages.
- Loss of personal enjoyment damages.
- Possible punitive damages against those responsible.
A personal injury claim can help you recover compensation and hold the negligent parties accountable for causing your accident.
Free Consultation With a Peachtree City Personal Injury Attorney
Don’t go through the process of a personal injury claim on your own, call our Peachtree City personal injury lawyers at (770) 251-7100 or schedule a consultation by filling our online contact form. Our legal team has secured some of the largest verdicts in Coweta County, so don’t hesitate and contact us for help with your claim.