Getting into an accident that sends you to the Piedmont Newton Emergency Room can leave you worried about quickly mounting medical bills. But many people in Covington overlook another potential result of experiencing an accident โ lost wages. A severe injury may keep you from working for weeks at a time, which means youโre missing out on a significant portion of the income you need.
In Georgia, if youโve been in an accident that occurred because of someone elseโs wrongful or negligent conduct, you could be entitled to recover damages. The skilled team of Covington lost wages attorneys at Kaufman Injury Law can handle the filing of your claim every step of the way. Contact us to schedule your free consultation today.
Understanding Personal Injury Claims in Georgia
Personal injury claims are civil actions you can take in Georgia if youโre injured in an accident that involves negligence or wrongful conduct. Take a closer look at what these claims involve and why the assistance of a seasoned attorney is vital.
The Concept of Negligence
An essential aspect of Covington personal injury claims is the establishment of negligence. Negligence is a legal concept that holds parties accountable for their conduct.
To prove negligence, you need to show that the at-fault party owed you a duty of care that they breached. Duty of care refers to the legal responsibility that someone has toward others, requiring that they act in a way that can reasonably prevent harm. Anything they do that puts others at risk is a breach of that duty of care.
For example, if youโve just finished shopping at Newton Plaza and you walk through the parking lot to your car, the drivers in the vehicles around you have a duty of care to drive slowly to prevent hitting pedestrians. A driver whoโs looking down at their phone will likely not see you, leading to an accident.
The driver breached their duty of care because they were using their phone while driving โ a violation of Georgiaโs Hands-Free Law. Establishing negligence then means demonstrating that the other partyโs actions caused the injuries you suffered. You also have to show that the injuries led to losses, including medical expenses and lost wages.
Our attorneys know what it takes to successfully prove negligence in a car accident claim. We can gather the evidence needed to support your case and tailor our strategies to suit your unique situation.
Statute of Limitations
Georgia doesnโt give you an unlimited amount of time for filing a personal injury claim. This deadline is the statute of limitations, which ensures that claims are brought forward when thereโs still viable evidence. In the majority of personal injury claims, you have two years to file.ย
There are exceptions, however. If the defendant is a government entity, you may have significantly less time. Thatโs why itโs so crucial to hire a lawyer immediately after the accident or when you discover that you suffered an injury. We can ensure you donโt miss any key deadlines.
Modified Comparative Negligence
There are instances when you may be partly responsible for the accident that led to your injuries. Can you still recover damages? Yes, you can, as long as your percentage of fault isnโt higher than 49%. Thatโs because Georgia follows modified comparative negligence laws.ย
Keep in mind, however, that your percentage of fault will be subtracted from your winnings. For example, if you receive $100,000 in damages but you were assigned 30% of the fault for the accident, youโll recover $70,000.
Available Damages
In a personal injury claim, you can recover economic and non-economic damages. These are compensatory damages. Economic damages focus on compensating you for financial losses, including medical expenses, property damage, and lost wages.
Non-economic damages, on the other hand, compensate you for losses that arenโt financial. These losses include loss of enjoyment of life, pain and suffering, and loss of consortium. Our team can ensure no stone is left unturned in pursuing every dollar you are entitled to.
What Lost Wages Can You Claim After a Covington Accident?
Lost wages compensate you for the income that you would have earned if the accident hadnโt occurred. This includes commissions, salaries, and bonuses.
For an income loss to count as lost wages, you must have been unable to get the income you claim because of documented physical or psychological injuries. To prove that you are unable to work, your doctor must offer evidence that the injuries prevent you from doing so.
You can also provide letters from your employer. For example, if you work on a construction site and your injuries require that you spend a lot of time sitting, your employer can write a letter saying they canโt accommodate your injuries.
Itโs possible to recover lost wages even if youโre self-employed, though. Suppose that you have a commission to fulfill but canโt do so because of the injuries youโve sustained. By offering proof of the money you would have made from the commission, as well as showing that you have a contract in place, you can recover these losses, too.
Catastrophic injuries can prevent you from working in the same capacity you used to or could keep you from working at all. If thatโs the case, you can claim loss of earning potential. To calculate this, insurers will consider:
- Your current work-related salary and benefits
- Years until retirement
- Economic projections of wage growth in your line of work
- Your likely career progression
Our lawyers can seek the testimony of professional witnesses like accountants and economists to establish the loss of earning potential damages you deserve.
Why You Need Our Covington Lost Wages Lawyers
Gathering evidence to support a lost wages claim is a challenge, especially if you are recovering from injuries. At Kaufman Injury Law, we can handle this crucial step for you.
For instance, our lawyers can request payroll system data from your employer to show the actual pay that you received before the accident. If part of your income comes from commission, tips, or bonuses, pay data and tax records would provide this information.
For self-employed clients, we can help by analyzing tax records, as well as gathering bank statements, contracts, and other financial reports. In complex cases, we have access to accountants and economists who can offer their testimonies.
But we handle more than collecting evidence. We can also tackle negotiations with insurance companies. They may try to pressure you into accepting a low offer to keep from paying you what you deserve. You may grow frustrated and give up your claim entirely just to be done with the process.
With our lawyers on your side, however, you have the opportunity to focus on healing while we fight for fair compensation. Additionally, we can take your claim to court if we feel that the insurers arenโt treating you properly. Our years of litigation experience mean we can effectively help you recover what you deserve.
Contact Kaufman Injury Law for Trusted Representation Today
If youโve suffered injuries that keep you from working, donโt face the resulting loss of valuable income alone. Turn to the seasoned Covington lost wages lawyers at Kaufman Injury Law.
For over 45 years, weโve provided the people of Georgia with the representation they deserve after experiencing accidents due to someone elseโs negligent or wrongful conduct. From gathering evidence to handling negotiations, we can take care of every step of your claim while you focus on healing. Schedule a free consultation with one of our personal injury lawyers to learn more about your legal options today.
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