If you or a loved one needs the services of an Acworth, GA personal injury lawyer, contact Kaufman Law, P.C. today to schedule a free consultation. Our firm has more than 40 years of experience handling civil claims including traumatic brain injuries, workplace injuries, car accidents, dog bites, and other types of personal injury cases for our clients in the Atlanta metropolitan area, and we can put that experience to work in your case. The right attorney can make a major difference in the outcome of any personal injury case.
Acworth, GA is home to more than 28,000 residents of the Atlanta metropolitan area. Like any other major urban area, injuries from car accidents, workplace incidents, interpersonal violence, and other sources are a daily risk. When injuries occur due to negligence, the victims need a reliable Acworth, GA personal injury lawyer to handle their claims and secure compensation for damages.
Personal injury law seems straightforward at first, but many factors can complicate an otherwise simple case. The crux of any personal injury lawsuit is negligence, or the failure of one party to uphold a duty of care in a given situation. It’s a good idea for everyone to know what to expect from any personal injury claim in Georgia.
Elements of a Acworth Personal Injury Case
After an injury, the victim should seek medical attention as soon as possible. Any delay in treatment may not only lead to dangerous medical complications later, but also complicate a lawsuit. A jury will assume that if a victim waited to seek medical treatment then his or her injuries were not as bad as they claimed. A good rule of thumb after any workplace injury, car accident, or other incident with potential for injury is for victims to seek medical care as soon as possible. After receiving medical care, the victim can obtain a medical report from his or her attending physician that outlines the extent of the injuries and the victim’s prognosis, including potential for future medical complications.
When a car accident results in injury, death, or property damage, police officers will respond to the scene and draft a report of their initial findings. Anyone considering a personal injury lawsuit for a car accident should obtain a copy of the accident’s police report as soon as possible. Other valuable evidence can include photos from the scene of the incident in question, statements from eyewitnesses, and testimony from relevant experts who can support the plaintiff’s claims.
Succeeding in a Personal Injury Lawsuit
In court, success in a personal injury case revolves around the plaintiff’s ability to prove negligence. This entails four elements:
- First, the plaintiff’s attorney will explain the duty of care the defendant owed the plaintiff during the incident in question. For example, in a personal injury lawsuit for a car accident, the plaintiff’s attorney must prove the defendant was present for the accident to establish duty. Drivers have a duty of care to obey traffic laws and drive at reasonable speeds.
- Next, the plaintiff’s attorney will show the court how the defendant breached this duty of care. In a car accident case, this could mean texting while driving, driving under the influence, speeding, or failing to signal a turn or lane change.
- The plaintiff’s attorney must provide evidence as to the extent of the damages caused by the defendant’s breach of duty. If there is no measurable harm or damage, there is no claim.
- The plaintiff’s attorney must also prove that the plaintiff’s damages are the results of the defendant’s negligence and not some other cause.
If the plaintiff’s attorney can successfully establish these elements of negligence, it is likely the plaintiff will win the case. Georgia follows a contributory negligence law, so if the plaintiff bears any amount of fault in the accident, he or she will lose a portion of the case award equal to his or her fault percentage. For example, in a $100,000 case in which the courts find a plaintiff 30% at fault, the plaintiff will lose 30% of the case award for a total award of $70,000.