Back injuries can be some of the most debilitating types of injuries a person endeavors. If your back injuries have made it difficult or impossible for you to continue providing for yourself and your family and maintaining your standard of living, you may have the right to compensation for your losses.
Reach out to an experienced Forest Park back injury lawyer at John Foy & Associates for help. With our firm advocating for you, you can heal from your injuries while we work on building a compelling case against the defendant. Schedule your free consultation today and learn more about how much your case could be worth.
How to Recover Maximum Compensation for Your Back Injuries in Forest Park
After everything you have been through, you have a right to total compensation for your damages. However, you may be unsure of how you are going to go about getting the most out of your claim.
First, it is important to always be prepared to pursue the compensation you deserve across all avenues. Many back injury victims find that they are hesitant to move forward with a lawsuit, even though a lawsuit could be the best way for them to recover the compensation they deserve.
Although you might hope to settle outside of court with the insurance company, insurance settlements are often limited. They pay out certain types of damages, and only up to the maximum amount allowable by the insurance company. If your damages exceed the amount the insurance company is required to pay you, the remaining damages can only be recovered if you take civil action.
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Common Ways Forest Park Back Injuries Occur
To get started on your back injury claim, your Forest Park back injury attorney will need to go over how your accident happened, as this could provide us with valuable evidence to prove liability in your case.
Back injuries can occur in virtually any type of accident or incident. However, there are some types of accidents that see back injuries more often than others. Some of these accidents in Forest Park include:
- Trampoline accidents
- Work-related accidents
- Premises liabilities
- Defective products
- Car accidents
- Bus accidents
- Rideshare accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
These are only a few of the different ways back injuries can happen in Forest Park. If you suffered a back injury in another type of accident or event that was not listed above, be sure to contact our office to find out how we can help you get the most out of your back injury claim.
Proving Fault for a Back Injury in Forest Park
Establishing liability is, arguably, the most important responsibility any back injury attorney has. After all, in negligence-based back injury claims, you need to show that another party is at fault for your damages. To do this, your lawyer must show that the negligence elements have been met.
These elements include showing a duty of care, a break of duty, proving the breach caused the injury, and establishing damages. The evidence presented will need to prove liability based on a preponderance of the evidence. Essentially, the jury must believe the evidence shows the defendant is most likely to blame for your back injuries.
Some of the more common types of evidence used to establish guilt include:
- Photos of your back injuries
- Photos of the damage at the accident scene
- Accounts from witnesses who saw your back injury or the accident in question
- Accident reconstructionist and police reports
- Expert testimony
- Forensic evidence
- CCTV, dash cam, or video footage of the accident
- Your medical records
- Social media posts from the defendant
How Long Do You Have to File Your Claim?
Under Georgia law, time is limited to file a back injury or personal injury claim. You will only have a maximum of two years to get your lawsuit filed before this deadline expires. Sadly, if the statute of limitations passes and your claim has not been filed, you will be barred from seeing your case heard in the Forest Park civil court system.
You can take action on your case immediately after the accident or your back injury to ensure the statute of limitations is not threatened in your case. This will also increase your chances of accessing evidence that may be lost if you do not seek it quickly enough. For example, homes and businesses that may have caught your back injury accident on camera may only have access to this footage for a short period of time before they delete it or before it is automatically recorded over.
Types of Damages You Could Recover for Your Back Injuries
Back injuries are known for turning victims’ lives upside down. Thankfully, you have multiple opportunities to recover damages in their entirety. At trial, you have the right to be made whole.
You should be repaid for each and every loss as it relates to your back injuries and the accident that caused them. Examples of damages that could be recovered in a back injury lawsuit or insurance claim include:
- Loss of future potential earnings
- Loss of consortium
- Loss of enjoyment of life
- Loss of household services
- Loss of income
- Medical care costs now and in the future
- Property damages
- Pain and suffering
- Emotional trauma
- Reputational damages
Punitive damages are possible in back injury claims if the court finds the liable party’s actions in your case intolerable or abhorrent. Gross negligence may also warrant an award of punitive damages. However, it is important to keep in mind that punitive damages are not compensable damages. Their intent is specifically to punish the defendant, not award the injury victim.
Reach Out to a Back Injury Lawyer in Forest Park for Help Today
When your back injuries have taken a toll on your life, you can make the liable party pay. Get in touch with a dedicated Forest Park back injury attorney at John Foy & Associates.
If our firm agrees to take on your case, we will work tirelessly to recover the damages you deserve. Schedule your no-cost, risk-free consultation as soon as today when you fill out our convenient contact form or call our office.