A debilitating back injury’s impact on your life could be devastating. If you were involved in an accident caused by someone else’s negligence, you may have the right to financial compensation.
Although you may be intimidated at the thought of bringing your case to court, doing so could allow you to get justice for your suffering. Contact our Ellenwood back injury lawyer at John Foy & Associates for help today. Schedule your free consultation to find out more about what you can expect from your back injury claim in Ellenwood.
Reach out to our Ellenwood personal injury lawyer to learn more about your legal options.
Common Ways Back Injuries Occur in Ellenwood
Back injuries can happen in a variety of types of incidents and events. Our back injury lawyer in Ellenwood will closely evaluate the way your injuries occurred to determine who is liable for causing your injuries and subsequent damages. Some of the more common types of events known for causing severe back injuries include:
- Vehicular accidents including bus accidents, taxi accidents, pedestrian accidents, motorcycle accidents, bicycle accidents, car accidents, and commercial truck accidents
- Premises liabilities, including dog attacks and bites, trampoline accidents, slip and fall accidents, wet floors, broken stairs or ladders, and improper maintenance
- Work accidents, including construction work, factory work, office work, railroad work, oilfield work, harbor workers, shipyard work, and on-the-job motor vehicle accidents
- Medical malpractice, including nursing home abuse, sexual abuse, birth injuries, missed diagnosis, delayed diagnosis, failure to treat, and other medical errors
These are only a few of the ways back injuries can occur in Ellenwood. A personal injury attorney at our firm will examine your injuries to determine the extent of your losses and accurately calculate the value of your claim so you can get the most out of your case.
Liability and Establishing Fault for Ellenwood Back Injuries
Establishing fault is critical in the vast majority of personal injury and back injury claims. In fact, for your case to be successful, your attorney will need to prove liability based on a preponderance of the evidence. The elements of negligence must be met as follows:
- Duty of care
- Breach of duty
- Causation
- Damages
Your lawyer will need to review how your back injury occurred to figure out who is at fault for your injuries. For instance, if your back injuries happened in a motor vehicle accident, there are multiple parties who could share liability, depending on who is responsible for road safety and maintenance, whether any auto parts were defective or malfunctioning, and whether the involved motorists were operating their vehicle in an unsafe manner.
Your attorney will closely examine the way in which your back injuries occurred to establish liability and gather the evidence needed to prove liability in your insurance and civil claims.
GA Personal Injury Laws Impacting Your Case
There are multiple personal injury laws across the state of Georgia that could have a significant impact on the outcome of your case. It is important to get a back injury attorney in Ellenwood working on your case as soon as possible to protect your compensation. Some of the most important laws you should be aware of include:
- Georgia personal injury statute of limitations – The statute of limitations under Georgia law only allows for a maximum of two years to pass before expiring. If your personal injury or back injury lawsuit is not filed before the deadline, the court system in Ellenwood will refuse to hear your case.
- Modified comparative negligence laws in Georgia – Many back injury victims have concerns that sharing liability will prevent them from being awarded compensation for their damages. However, since Georgia operates under a modified comparative negligence system, you can still recover restitution for your losses as long as your portion of fault does not cross the 49% threshold.
- Living in a fault state – Georgia operates under a fault system for accidents and insurance. When you are involved in an accident, you will generally file a claim with the liable party’s insurer as opposed to your own, which does not mean you cannot file a claim with your own insurance company, but that you will begin by filing one with the liable party’s insurer.
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What Damages Are Recoverable Following a Back Injury in Ellenwood
There are various types of damages that could be recovered in your Ellenwood back injury claim. Your personal injury attorney will need to closely examine the ways your life has been affected by your injuries to calculate the value of your claim accurately. It is the impact your injuries have had on your life that will determine whether you have the right to be awarded compensation for your suffering.
Damages are often categorized as economic or non-economic to ensure every loss is taken into account. Some examples of economic or financial losses include:
- Property damages and vehicle repair costs
- Unexpected household expenses and childcare fees
- Current healthcare expenses and the costs of future medical care and equipment
- Loss of income and reduced earning capacity
- Increases to your insurance policies
Non-Economic Damages
Non-economic damages account for the ways your back injuries in Ellenwood have impacted your life. Although they must be quantified for you to be compensated for them, your attorney will ensure they are taken into consideration accordingly when calculating what your back injury claim is worth. Some examples of non-economic damages that could be awarded in your back injury claim include:
- Physical suffering and chronic pain
- Mental anguish and emotional trauma
- Skin scarring and disfiguring injuries
- Damage to your personal and professional reputations
- Loss of enjoyment of life
- Loss of protection, guidance, love, companionship, support, and advice
- Inconvenience
Contact an Ellenwood Back Injury Attorney for Help
Back injury claims can be more challenging than you might have previously thought. Fortunately, when you have an experienced Ellenwood back injury lawyer at John Foy & Associates by your side, you can focus on recuperating while we work to recover the compensation and benefits you are entitled to.
Schedule a no-cost, risk-free consultation with our office today. You can reach us by phone or through our quick contact form to get started.
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