An unexpected injury is not just a painful inconvenience; it could be a disaster for your budget. If you are hurt because of another party’s negligence or misconduct, a Dalton personal injury lawyer could help you relieve the financial pressure by claiming compensation for your injuries.
It is essential to consult with an experienced attorney immediately after an accident. Even if you are unsure about pursuing legal action, it is always wise to learn about your options.
Personal injury law is a way to protect people who suffer injuries (plaintiffs) due to someone else’s (defendant) failure to behave reasonably. In almost every case, the defendant has insurance coverage to pay the plaintiff’s damages. Sometimes, people are reluctant to pursue a claim if they have a relationship with a defendant. However, a personal injury action is not between two people, a customer, or a business—it is between the injured plaintiff and an insurance company.
Various scenarios could merit a personal injury claim. Seasoned Dalton personal injury attorneys frequently handle cases arising from:
The above is a partial list; almost any incident that occurs in part because of someone else’s reckless or careless conduct could be the subject of a personal injury claim.
Many accidents result from a combination of factors, and there could be multiple defendants in an injury action. Conducting negotiations with several potentially responsible parties increases the likelihood of a plaintiff receiving a reasonable settlement.
Damages is the legal term for the compensation a plaintiff receives from a defendant. A plaintiff must have suffered an actual injury to receive damages, and they must prove their reimbursable losses.
The Official Code of Georgia Annotated § 51-12-2(b) describes special damages as actual financial losses related to the incident. A plaintiff’s special damages could include medical expenses, diminished income, and other related expenses. For example, if a plaintiff needed to travel to see medical specialists, travel expenses are part of their special damages. If they needed to renovate their home to accommodate a wheelchair, the cost would be an element of their special damages.
General damages are harder to quantify but often represent the greatest loss. A plaintiff could receive general damages for the pain and inconvenience they suffered after the accident. If they experience continuing pain, general damages will compensate for their future discomfort. General damages also cover the accident’s mental health impact, which is often severe. Depending on the circumstances, a plaintiff could claim general damages for:
State laws called statutes of limitations govern the time limit for a plaintiff to file a lawsuit seeking compensation for an injury. In most Georgia personal injury cases, and in wrongful death cases, the statute of limitations is two years from the date of the accident resulting in the injury. If the injured person was under 18 when the accident occurred, they have until two years after their 18th birthday to sue.
Many injuries happen due to deficient medical care. The statute of limitations in medical malpractice claims is two years from the date the plaintiff discovered—or should have discovered—that negligent medical treatment caused their injury. For medical malpractice on a child under five, the parents or guardian must bring a lawsuit before the child’s seventh birthday.
The time to act is extremely short if the state of Georgia or a local government could be a defendant in a lawsuit. The law requires someone suing the state of Georgia or Whitfield County to file a written notice of claim within one year of the incident. Failing to give proper notice prevents a plaintiff from the opportunity to seek damages from the government. Reaching out to a skilled personal injury lawyer as soon as possible after an accident in Dalton could help ensure all legal requirements are met.
If you were injured in an accident and another party is primarily to blame, you could have a personal injury claim. If a Dalton personal injury lawyer could prove the parties were negligent, you could receive damages to compensate for all your losses.
Investigating accident claims requires time, and the law puts strict limits on an injured person’s time to act. Call a dedicated injury attorney today to get started.