Accidents that lead to injuries can have a profound effect on your life and future. When you are physically harmed in Woodstock due to the actions of someone else, you might be able to get damages for your losses.
You do this by reporting the incident to the at-fault party or their insurance company and starting a personal injury case. This legal action is designed to put you back in a place where you would have been if the accident never occurred. The remedies available certainly aren’t perfect, but a Woodstock personal injury lawyer can help you recover everything possible to address your injuries and damage.
The team at John Foy & Associates has a great deal of experience dealing with personal injury cases all across Georgia. We have been helping personal injury victims for over 20 years, and we have seen a lot of unique cases—from dog bites to multi-car accidents to slip and fall incidents. Our Woodstock, GA personal injury attorneys never work for insurance companies because we want to help individuals like you who have gone through a traumatic accident and are unsure of what to do next. Let us give you a free consultation to get started. Call us at 404-400-4000 and get your free consultation today.
What Kinds of Situations Are Considered Personal Injury Accidents?
The term “personal injury” covers a wide range of situations. Personal injuries generally stem from accidents, but they can also be triggered by deliberate conduct. Any time that you suffer an injury because of the negligence of another person or entity, you may have a personal injury case. The injuries that you suffer can be either physical or mental. They can also include property damage.
What Are the Most Common Examples of Personal Injuries?
Some of the most common examples of personal injuries include:
- Car or truck accidents
- Slip and fall incidents
- Dog bites
- Bus accidents
- Train or freight accidents
- Construction accidents
- Swimming pool incidents
Virtually any type of accident could mean that you have a personal injury case that may warrant an award of damages.
How do I Prove My Personal Injury Case?
Every case is slightly different. A slip and fall case, for example, may involve proving different facts compared to a car accident case. But overall, personal injury cases follow similar requirements.
You must prove the following four things to get damages for your situation.
1. Duty
To be legally responsible for damages, the person that harmed you must have had some duty to act or not to act in a certain way. For example, every driver on the road has a duty to other drivers to operate their vehicle in a safe way and follow the rules of the road. Every property owner also has a duty to keep their property generally safe for people who pass through it.
2. Breach of that Duty
The at-fault person must have also violated the duty to you as mentioned above.
In a car accident case, you could show that the driver was speeding or texting while driving, both of which likely means that they weren’t driving their car in a safe way. In a trip and fall case, you could show that the property owner knew about a hole on their property but did nothing to fill it in or warn people about it.
3. Causation
Next, the damage you suffered must have been caused by the violation of the duty.
Imagine that you broke your arm because of a car accident. You can likely get damages for your broken arm, but you may not be able to get damages for something else that caused you harm simply because your arm was broken—such as dropping a teapot on your foot because you couldn’t balance it with one hand. The individual that breached the duty is certainly responsible for the first level of damages, but perhaps not the second.
4. Damages
You must have also suffered some kind of loss to have a lawsuit. Sometimes this necessary factor gets overlooked. The other driver, for example, may have hit you, but if you don’t have any damages to speak of, you don’t really have a case.
Damages often include things like medical expenses, lost wages, pain and suffering, and property damage.
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Is There a Deadline for My Personal Injury Case?
It’s a good idea to get in touch with a Woodstock personal injury attorney as soon as you can after any situation that might trigger a personal injury case. The attorney will be able to tell you:
- whether you have a valid legal claim
- what your case might be worth
- and what your next steps should be
Having this information right away will help you make an informed decision about how you should handle the situation.
Every personal injury case in Georgia has a deadline that you must follow to get your lawsuit on file. If you don’t stick to this timeline, your case will likely be thrown out soon after you file it. This deadline is generally referred to as the “statute of limitations.”
For most personal injury cases, that deadline is two years from the date of injury. However, that timeframe is occasionally shorter and rarely longer. A shorter deadline applies to cases against governmental entities, for example. A longer deadline applies when the personal injury victim was a minor at the time the incident occurred.
Keep in mind that the statute of limitations is the outer limit of when you can file. It should not be the date that you start considering filing a lawsuit. It’s a good idea to talk to a Woodstock personal injury lawyer long before this deadline creeps up on you.
Talk to a Woodstock Personal Injury Lawyer for Free
Personal injury cases can be complicated, and dealing with your case alone may not be a good idea. The good news is that you don’t have to. John Foy & Associates has your back. Let us put our experience and knowledge to work for you and your family—starting with a FREE consultation. Call our personal injury lawyer in Woodstock, GA 404-400-4000 or fill out the form on this page to get your free consultation today.
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