If you’ve suffered an injury in Stockbridge, GA or the surrounding area due to another’s negligence, you should discuss your case with an experienced attorney. Contact Kaufman Law, P.C. today to schedule a free consultation with one of our lawyers. We’ll review the details of your personal injury case and let you know what type of compensation you could expect from a lawsuit. We have represented clients for more than 40 years in all types of civil claims including car accident lawsuits, product liability claims, traumatic brain injury lawsuits, and more, so we’re certain our experience can help in your case.
The Atlanta metropolitan area is one of the busiest parts of the country. Home to one of the United States’ biggest airports and industrial centers, residents of the Atlanta metropolitan area face many potential hazards on any given day. Stockbridge, GA is home to more than 25,000 residents of the Atlanta metropolitan area, and the numerous highways and traffic hubs in the area mean the potential for car accidents is high. When serious injuries happen due to negligence, the injured party needs a reliable Stockbridge, GA personal injury lawyer to discuss his or her options for legal recourse and compensation.
How Do Personal Injury Claims Work?
When determining if an injured person can file a claim for an injury, the difference between a preventable or foreseeable injury is key. Adults have a duty to act with reasonable care to prevent injuries to others, and this obligation persists in a variety of situations. Drivers have a duty of care to other drivers to operate their vehicles safely and follow the traffic laws. Employers have a duty of care to employees to provide a safe working environment. Caregivers have a duty of care to the people in their care to provide all necessary support functions, such as child supervision or medical assistance to an elderly person.
After a person suffers an injury, he or she should meet with an attorney to determine whether there are grounds for a personal injury lawsuit. Success in a personal injury claim hinges on proving the defendant’s negligence, and there are four basic elements of negligence in personal injury claims:
- The plaintiff must show that the defendant owed a duty of care to the plaintiff in the incident in question. This typically involves proving the defendant was present for the incident in question and involved in some way.
- The plaintiff must then show how the defendant breached his or her duty of care for the given situation. This could mean proving that the defendant acted in a manner contrary to how another reasonable person would have acted in the same situation. It can also apply to inaction when another reasonable person would have acted appropriately.
- The plaintiff must provide sufficient evidence to prove the extent of his or her injuries and other damages. This could require a medical report from a doctor and testimony from medical experts to explain the extent of the plaintiff’s condition and experience to the court.
- The plaintiff must be able to prove that his or her damages resulted from the defendant’s actions and not some other cause.
Georgia follows a contributory negligence law, meaning plaintiffs can still recover damages even if they are partially at fault for their injuries. However, their percentage of fault must be lower than the defendant’s in order to secure compensation. For example, if a plaintiff is 25% at fault in a $100,000 lawsuit, the plaintiff will lose 25% of the case award, resulting in $75,000 in damages to compensate for his or her fault in the matter.
Do I Need an Attorney?
While proving negligence in a personal injury lawsuit may seem straightforward, the average person without any legal training should not expect to successfully handle such a claim without professional legal assistance. Missing filing deadlines or failing to meet the court’s demands could have a claim thrown out before it even reaches trial. Although hiring an attorney may be the more expensive option, a reliable Stockbridge, GA personal injury lawyer is far more likely to secure a favorable result in a personal injury claim.