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If you or a loved one was injured in an accident caused by another person’s negligent actions, you should speak with an Atlanta personal injury lawyer immediately about taking legal action.
A personal injury lawsuit can allow you to recoup money for expenses such as property repairs, medical bills, and missed time at work. Injured individuals can also seek compensation for emotional harm and permanent disabilities. To learn more, contact an experienced Chattahoochee Injury Law attorney today.
According to Georgia Code Annotated § 51-1-13, someone who suffers a bodily injury can take legal action against the responsible party. Personal injury lawsuits are brought under a claim for negligence.
A wide range of scenarios can lead to a suit. The most common examples include the following:
In order to bring a successful negligence claim, the injured person must first establish that the allegedly responsible party had a duty of care that was breached. For example, drivers owe a duty of care to others on the road to operate their vehicles in a safe manner.
Doctors and healthcare professionals owe a duty to their patients to provide generally accepted, reasonable medical care. Similarly, property owners are expected to warn their invited guests about potential hazards on the premises.
If a plaintiff can prove that the duty of care was breached, they must also show that the negligent actions were the proximate cause or direct link to their injuries. Following this, they must prove that they suffered damages from the breach of care.
Damages can include economic recovery and measurable losses like medical care or lost wages. Plaintiffs can also seek compensation for noneconomic harm, such as emotional distress, pain and suffering, and loss of consortium with a partner.
Injured parties must generally file a lawsuit for negligence within two years of the accident under Ga. Code Ann. § 9-3-33. Our knowledgeable Atlanta lawyers could help clients determine the exact timeline to file their personal injury claim.
When someone passes away in an accident, an attorney could advise the family of the deceased on filing a wrongful death claim.
According to Ga. Code Ann. § 51-4-2, the family can recover for the full value of the deceased’s life when their death was caused by negligence or defective products. The parties permitted to bring a wrongful death claim include:
The wrongful death statute also states that a child can bring an action even if they are a minor. In this situation, a natural guardian or next of kin can qualify as a conservator to pursue compensation for the minor’s benefit.
A decedent’s estate administrator can also file a survival action against the responsible party under Ga. Code Ann. § 9-2-41. While the claims may have some similarities, they are not the same.
The main difference between the two is that wrongful death actions are brought to recover losses suffered by surviving family. In contrast, a deceased’s estate brings survival actions to recover damages they were entitled to had they survived. An Atlanta lawyer could provide more information on personal injury cases involving a wrongful death.
Many accidents are caused by reckless actions or a lapse in judgment by the at-fault party. If you or your family are injured through another person’s negligence, consulting an Atlanta personal injury lawyer could help you take legal action.
When actions lead to bodily and emotional harm, you deserve fair compensation for your losses. Reach out to Chattahoochee Injury Law today to schedule an initial consultation.