Accidents happen. But if you have an accident that was caused by someone else’s negligence you can claim for damages.
There are many types of accidents that qualify for personal injury or workers compensation, depending of course where the accident happened, and whether you were working at the time. These range from auto and truck or commercial vehicle crashes to dog bites, slip-and-fall accidents, and medical malpractice. “Wrongful death” is also included for those who have a relative or loved one who has died tragically as a result of negligence.
To be eligible for a claim your life must have been altered in a negative way. Additionally, circumstances will determine whether the claim can be made directly to an insurance company or whether it will need to go to court. Either way, you will need to consult with an experienced workers compensation or personal injury attorney.
If you live in Georgia, a Peachtree City personal injury attorney from Slepian Schwartz & Landgaard will be able to help ascertain whether you will be able to prove negligence and what sort of compensation you can claim.
How to Prove Negligence for Personal Injury
It is not enough for you to claim that personal injury was somebody else’s fault. You must prove negligence to be awarded compensation. Of course the circumstances of every case will be different, but in general terms, the procedure in Georgia will start with “the standard of care”.
A Peachtree City personal injury attorney, and later a court of law (if the case goes to court), will try to ascertain:
- Whether a “duty of care” was due to the injured party (the plaintiff).
- Whether the person accused of negligence (the defendant) could have taken some sort of steps to avoid the plaintiff being injured.
- The level of accountability of the defendant. Could he or she have foreseen the possibility of the accident and taken precautions to avoid it from happening?
- Whether the defendant breached his/her duty of care.
- What personal injury the plaintiff suffered and where this could be categorized as a foreseen liability.
- Whether the defendant owes compensation to the plaintiff for damages suffered. This might be financial (for instance money spent for medical care as a consequence) or non-economic (pain and suffering for example).
When these cases go to court in Georgia, the standard of care is used to determine negligence. This standard presupposes a “reasonably prudent person” who would generally act in a responsible manner. So, if there is a legal stop required at an intersection and the defendant ignored it and crashed into the plaintiff’s automobile, he/she would likely be found to be negligent.
But it isn’t only individuals who are held liable for personal injury. In many instances, defective machinery or products cause injury. If this is the case, a lawsuit will entail action against the manufacturer of the product in terms of liability, manufacturer negligence, or perhaps breach of a warranty.
The statute of limitations determines how long an injured person has to take legal action after the event. Once the statute runs out the plaintiff cannot institute a lawsuit.
In Georgia, the civil statute of limitations for personal injury as well as medical malpractice and wrongful death is two years. The statute of limitations for product liability lawsuits is ten years.
A Peachtree City Personal Injury Attorney Can Help You
If you have been injured and it wasn’t your fault, a Peachtree City personal injury attorney from Slepian, Schwartz & Landgaard can help you get the compensation you deserve.