When you’re involved in an accident, the aftermath can be overwhelming. You may have to deal with hospital bills, time away from work, changes in your personal life, and a lot more. The accident can take an emotional, physical, and financial toll on virtually every aspect of your life.
When the cause of that injury was someone else’s wrongdoing or fault, a legal claim can arise. When those situations occur, it’s best to call an Ellenwood personal injury attorney from John Foy & Associates to help you review your legal options.
How do You Know If You Have a Personal Injury Case?
A personal injury case arises any time that you’re hurt (either physically or mentally, or both) by someone else’s actions. A situation that causes a personal injury may actually be much more common than you think. Even something as simple as tripping over a neighbor’s rake may trigger a personal injury lawsuit.
Some of the most common examples cases our Ellenwood personal injury attorneys see include:
- Car accidents
- Truck crashes
- Nursing home abuse
- Slip and fall accidents
- Drunk driving accidents
- Uninsured motorist claims
- Dog bites
- Bus accidents
This is only a sample of potential areas where a personal injury situation might arise. Just because your case doesn’t fit into a specific category of claims doesn’t mean you don’t have a legitimate case. The best way to find out if you have a personal injury case is to talk with an attorney in your area who knows Georgia personal injury law
One of the most-often overlooked requirements of any personal injury case is damages. You may have been inconvenienced by what happened, but that alone is not enough for a case. The most common type of damage in a personal injury case is physical damage to your person. Generally, a trip to the hospital is enough “harm” to constitute a valid personal injury claim.
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Who Is Involved in a Personal Injury Case?
When you begin a lawsuit, your personal injury case will be against the person or entity that caused you harm. In an auto accident case in Ellenwood, for example, your suit will generally be against the person driving the car. But, it could also be against others, as well.
Most insurance policies state they will defend their insured in any situation where they are accused of causing harm. The policy involved likely has a limit that states how much it will pay for claims like yours. Money only comes directly from the at-fault person if the policy limits are not enough for your damages. So, really, it’s the insurance company that is calling the shots.
What Kind of Damages Are Available in a Personal Injury Case?
The term “damages” refers to the money that you can get through your personal injury lawsuit. These funds are designed to reimburse you for the losses you have suffered because of the accident. The amount of money that you may be able to receive is directly related to how much you lost due to the accident.
Some of the most common types of damages include:
- Medical expenses
- Lost wages
- Loss of future earning capacity
- Pain and suffering
- Loss of enjoyment of life
Essentially, any type of loss that you or your family experienced because of the accident should be discussed with your personal injury lawyer. You may be able to present evidence of these damages in court to recover for them.
How Long do You Have to Start a Personal Injury Case?
Most personal injury cases in Georgia have a statute of limitations of two years, per Ga. Code § 9-3-33. That means you must start your lawsuit within two years of the date of your injury. If you don’t, your case will likely be dismissed and you won’t have any options to recover for your losses.
It’s important that you speak with an attorney long before this deadline to ensure they have enough time to investigate and prepare your case properly. Your personal injury attorney will want to immediately do the following when you start a case:
- Set up an interview or phone call with you to go over the facts of your case
- Obtain witness testimony and other information
- Get police reports
- Obtain photos of the accident, whether that is of the vehicles or the location where the accident took place
- Speak with the insurance company that will be defending the case
- Gather information about your damages, including lost time from work and medical expenses
This process can take a significant amount of time, so it is a good idea to talk to your Ellenwood personal injury attorney as soon as you can after an accident occurs.
Loved Ones Can File a Wrongful Death Claim
If your loved one was involved in an accident and passed away, you can collect compensation by filing a wrongful death claim. A personal injury attorney in Ellenwood may be able to help your family recover costs related to:
- Medical bills
- Pain and suffering
- Loss of consortium
- Loss of support and protection
- Funeral and burial costs
- Loss of benefits and wages previously provided by the deceased
You are likely experiencing tremendous pain, and a personal injury law firm with compassionate lawyers can help ease any legal trouble and added financial burden you’re dealing with. Any other damages you qualify to collect can be discussed in a consultation.
Are You Partly at Fault for the Accident?
According to Georgia’s comparative negligence rule in Ga. Code § 51-12-33, you are still eligible to receive compensation regardless of your percentage of fault. Your award, however, will be reduced in proportion to your percentage of fault.
For example, if you are found 30% responsible for the accident, you would receive $70,000 of a $100,000 award or 70% of the total amount.
Talk to an Ellenwood Personal Injury Lawyer for Free
If you were the victim of an accident, whether it’s a car accident, a slip and fall, or something else, you may have legal options, and you can explore those for free. Let the team at John Foy & Associates help you determine what your next steps should be after an injury.
Our team can be an invaluable guide for you during this difficult time. A personal injury lawyer in Ellenwood can help you not only navigate your legal claim, but also get you in touch with the right medical care and other resources that will make your life easier after an accident. Call us or fill out our online form and get your free consultation today.