When the term “personal injury case” is used, it can mean a variety of different things. There are many different incidents and accidents that happen that can be considered a personal injury case. Those include:
It is important to note that, regardless of what you are filing for, the most important step that needs to be taken is seeking medical attention. You have to be treated for your injuries. You also will want to have an attorney who specializes in personal injury take on your case.
Make sure that whoever you hire as your attorney has a proven track record of success with the personal injury accident you experienced. The more experienced attorneys are more likely to give you a successful outcome.
You will have to follow certain laws that are in place in Georgia when you are filing a personal injury claim. Under Georgia law, there is a statute of limitations that defines the amount of time that you are legally allowed to bring your case. Georgia law allows victims of personal injury two years from the date of your accident to bring a case or to have it settled in civil court.
In some cases, this statute of limitation will end up being longer than two years. You may be able to bring your case past two years for cases such as medical malpractice or nursing home negligence. These cases require that you discover wrongdoing. If your parent is in nursing care and you don’t discover until much later that they have been neglected, you will have two years starting from when you have discovered the neglect which is likely a bit longer than the neglect has occurred.
Quite frequently, when you bring a personal injury case, as the plaintiff, you will have the defendant trying to blame you for your own injuries. Even in cases where it is quite obvious who was responsible for the accident or incident, the insurance company for the liable party will work to take the blame off of their shoulders.
It is important to understand that there will be an insurance negotiation for many of these personal injury cases. This process involves Georgia’s modified comparative negligence laws. Here is how this law works:
For example, if you have been in a slip and fall at a grocery store where there was an uncleaned spill but the insurance company deems you 10% at fault for the accident because you were on your phone, then your award would be reduced by 10%, which would make a $10,000 award become a $9,000 award.
Do not be surprised if you are receiving phone calls very shortly after your injury. The liable party’s insurance company wants to force responsibility for the incident onto you so that they end up owing you less or no compensation. They know that if they can get a recorded statement from you, they have a chance of you saying the wrong thing, which would be to their advantage.
They are trained to ask you questions that will likely have you slip up and give them the response that they want to hear from you. They know very well that you could hurt your chances at full compensation. We strongly advise you not to take these phone calls without meeting with an attorney first. An attorney will be able to protect you in this process.
If you are looking for a knowledgeable and skilled attorney to represent you, please call our Georgia personal injury attorneys today to set up your free consultation and learn how we can help you get the fairest result possible.