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Before filing a personal injury lawsuit in Georgia, you should know that you have a right to legal representation. Additionally, be aware that you will have to prove the four elements of negligence to win your case.
The process may also take longer than you expect, especially if your case goes to trial. A lawyer with our firm can discuss the legal process in more detail when you connect with us.
You Have a Right to Hire a Lawyer
When taking legal action, you can choose to have a lawyer represent you and protect your rights. Even if you are starting with an insurance claim, a lawyer can handle the paperwork and negotiate a settlement.
Recovering from your accident-related injuries may consume much of your time and energy. A lawsuit may be the last thing you want to deal with, but a settlement or verdict could help you and your family. You can focus on your health while our firm handles the legal legwork. A lawyer can help:
- Investigate your accident
- Gather evidence of another party’s negligence
- Consult with your doctors and other medical professionals to link your injuries to your accident
- Calculate your damages, including future losses
- Negotiate for fair compensation
- Protect you from unfair practices
- Communicate with the liable party and their defense attorneys
- Represent you in a trial
You do not have to face the defendant and their legal team alone. Our team can step in and protect your rights.
You Must Prove the Four Elements of Negligence
When you file a lawsuit against someone, you must demonstrate how their negligence led to your losses. Specifically, you must prove these four elements:
The Defendant Owed You a Duty of Care
Whether you suffered a car accident or a slip and fall, another party may have had an obligation to keep you reasonably safe. For example, drivers must adhere to traffic laws, and property owners must protect you from any hazards on their premises.
The Defendant Breached their Duty of Care
Even a seemingly simple error can constitute a breach of duty of care. For example, a property owner may prove negligent if they failed to put up a sign around an area undergoing renovations. A driver who fails to yield the right of way when turning would also be negligent.
The Breach Caused Your Accident
Evidence must prove that their breach caused or contributed to your accident. In some cases, you may be able to recover compensation even if you shared some fault. According to O.C.G.A. 51-12-33, you can win compensation as long as you bear less than 50% of the fault for your accident.
The Accident Caused Your Injuries and Losses
You must prove you suffered losses due to the accident. Medical documentation of your injuries can support this final element. If you missed work due to your recovery, you can also submit your wage statements as proof.
If you seek damages for pain and suffering, a lawyer from our firm can help you assign a dollar value to this non-economic loss.
Your Lawsuit May Take Longer Than You Expect
Most victims want to know how soon they may be able to collect compensation. If you are filing a lawsuit, a verdict may take longer than you expect. There are a couple of different outcomes that can affect this timeline.
If Your Case Settles
There are several steps involved in a personal injury lawsuit, including discovery and arbitration. You will have the chance to negotiate a settlement with the defendant. Sometimes, a case never even makes it to trial, which would save time.
However, if a defendant refuses to offer fair compensation, your case will proceed to litigation. You will have the final say over any settlement offer, but once you accept it, you cannot seek additional compensation later.
If Your Case Goes to Trial
There is no way to predict exactly how long a trial will last. The process usually depends on how quickly the jury can come to a decision. Other factors can stall a case. For example, a natural disaster could cause an unforeseen delay.
Your lawyer will work to streamline the process as much as possible.
George Sink, P.A. Injury Lawyers Can File Your Personal Injury Lawsuit
You deserve to rest and focus on your recovery after an accident. Before you file a lawsuit in Georgia, consider hiring an attorney from our firm to handle your case. Our personal injury lawyers can help demonstrate the four elements of negligence and work to resolve your case in a timely manner.
During a free consultation, we can discuss your accident and explain what the legal process entails. Call us at (888) 612-7001. The sooner you call, the sooner we can get to work on your lawsuit.