Many accidents that cause bodily injuries are the result of someone’s negligent actions or failure to use reasonable care. People harmed by negligence can pursue a personal injury lawsuit to recover compensation for their losses and suffering.
Many different types of incidents can give rise to a personal injury claim. A Richmond Hill personal injury lawyer can advise you or your loved one on filing a legal claim after an accident. Call Chattahoochee Injury Law to schedule a consultation today.
Learn MoreOur firm specializes in all areas of personal injury, fighting to recover what is owed to
them under our legal system.
Personal injury cases fall under the category of tort law, which imposes civil liability when a person’s wrongful actions lead to property damage or bodily injury. Personal injury cases seek to hold an at-fault party liable based on the legal theory of negligence.
According to Georgia Code Annotated § 51-1-13, a person who suffers a physical injury has a legal cause of action against the responsible party. To prove negligence, an injured plaintiff must first establish that the responsible party failed to use reasonable care. The breach of care must also have led to the plaintiff’s injuries or damages.
Many different types of accidents can lead to a personal injury claim, including the following:
Proving that a defendant breached their duty of reasonable care will depend on the type of accident and how it occurred. For example, a court can find that a motorist failed to use reasonable care by driving at excessive speeds.
When a person slips and falls on a business’s property, the owner can be at fault under a premises liability theory if there are known hazards and no warning signs. Similarly, a doctor is liable to a patient if they fail to use generally acceptable standards of medical care, resulting in injury.
A Richmond Hill attorney can review a client’s case and determine whether it involves negligence for a personal injury claim.
When a plaintiff can prove that the person or party responsible for their injury breached a reasonable standard of care, they are entitled to recover damages for their losses.
Damages are typically categorized as economic or non-economic.
Georgia personal injury lawsuits follow the doctrine of modified comparative negligence, according to Ga. Code Ann. § 51-11-7. The rule provides that a plaintiff cannot recover damages if their own lack of reasonable care was the primary contributor to their injuries.
This means that the plaintiff can still recover as long as their own negligence was not 50 percent or more responsible for causing the incident and ensuing injuries. However, courts will reduce damages by the plaintiff’s percentage of fault.
Ben Clary has been practicing law in Georgia for nearly a decade. He is passionate about helping those who have been wronged by others recover what is owed to them under our legal system.
That passion has brought him success in all forms of personal injury cases including car wrecks, premises liability cases, and assault cases. As a long distance runner, Ben approaches each case like he would a race – with a significant investment in training and with an eye on far off goals, not short term gains, no matter the time and effort it takes.
LEARN MORE ABOUT BENJAMINExperiencing an injury from an accident can take an emotional toll on you and your family. Financial hardships often occur due to factors such as mounting medical bills and an inability to work a normal job.
If you or a loved one has suffered an injury you believe was due to another person’s negligence, you should contact a Richmond Hill personal injury lawyer as soon as possible to understand your legal rights.