Grounds for Personal Injury Claims in Georgia

August 15, 2013

If you or a loved one has been injured due to the reckless or negligent behaviors of another person, you may be entitled to financial compensation for injuries, medical bills, wage loss, and emotional damages. Recovering the full amount of compensation that you deserve, however, can be a difficult process.There are a number of criteria that must be present in order to file a personal injury claim for compensation in Georgia, and it is always best to speak with an Atlanta personal injury lawyer if you believe that you may have grounds for an injury claim. Only an experienced accident attorney can tell you whether or not you will be able to move forward with your claim, and this is important information to know before you decide to pursue legal action.

Do you have grounds for an injury claim?

After an accident, it is important to gather the evidence you need to decide if you have grounds for an injury claim. According to Georgia law, you must be able to prove several key elements in order to have a successful claim. First, you must be able to prove that the negligence of another person led to the accident. Negligence is defined under the law as the failure to act with proper caution or reasonable care in a certain circumstance. Injury claims can also be filed when a person or group has acted to intentionally harm another person. According to strict liability law, injury claims can also be filed against individuals or groups responsible for the injury of another person even if no intent or negligence were involved. In addition to demonstrating that the third party was responsible for the accident, injury, and / or property damage, your attorney must provide proof that there were damages. Damages can include monetary losses, physical and emotional damage, and more. Physical and mental pain can include disfigurement, loss of enjoyment of life, pain and suffering, mental anguish, loss of consortium (loss of the ability to have a relationship), and disability.

Questions to Ask Before Filing a Claim

Before you choose to file a personal injury claim, there are several questions that you should ask yourself. Our legal team genuinely wants what is best for you and your family during this time, and we can provide you with the honest legal counsel that you need after an accident. Below, we have listed some of the questions that may help you determine if you should file a claim:

• Do you have enough evidence to back up your claim and to hold the other party involved accountable for your injuries and damages?
• Are your injuries severe enough that you have missed a lot of work or you are unable to work?
• Was your quality of life compromised?
• Are the expenses of treating your injuries and damages more than what it would cost to file a lawsuit?

One thing you must keep in mind with a personal injury claim is that you only have a certain time frame in which to take legal action. The statute of limitations in Georgia places a time limit on pursuing a legal remedy for wrongful conduct, and you will lose your right to file a lawsuit once this time frame has expired. While the amount of time can vary depending on certain factors, legal action for personal injury claims and lawsuits must be brought within two years of when the injury happens.