If you or a family member suffered an injury because of someone else’s negligence, you may have legal options for recovering damages. You deserve justice and accountability from the at-fault party.
However, navigating the legal process and filing requirements for a successful injury claim can be challenging without the help of a skilled attorney. Work with an Oakwood personal injury lawyer at Smith Hulsey for guidance throughout your case. Our legal team could advocate for you and your family to secure the compensation you need for your losses.
Georgia defines torts under O.C.G.A. § 51-1-1. In short, a tort is a wrongful act or the infringement of a right which leads to legal liability. This can result from various situations, such as include assault, car crashes, slip and fall accidents, defective products, and wrongful death.
However, establishing liability may be different for each of these scenarios. For instance, under Georgia law, property owners must exercise “ordinary care” to provide a reasonably safe environment for their visitors or patrons. When property or landowners fail to provide safe premises, they may be found negligent in the event of an accident. This could lead them to be liable for ensuing injuries, such as broken bones from a slip and fall or electrocution from a faulty wire.
Another common type of personal injury claim involves vehicular accidents. Drivers owe a duty of care to everyone else on the road and must operate their vehicles safely. When they fail to uphold this duty, they may be liable for damages from any resulting collisions. However, an injured plaintiff may need legal assistance to successfully prove another person’s negligence after a car crash or premises liability accident. At Smith Hulsey, our experienced personal injury attorneys can help with this process.
In Georgia, the amount that an injured party can recover in damages depends on their role in causing the incident. Georgia is a comparative negligence state, meaning that a plaintiff who is partially liable for their own injuries may have their damages award reduced to reflect their degree of fault. If they are found primarily to blame for the accident, they will not be able to recover any damages at all.
However, if a plaintiff is less than 50 percent liable, they can recover damages for both economic and non-economic losses. These could include:
In rare cases, the court may award punitive damages meant to punish the liable party for egregious behavior. A seasoned lawyer at our office could advise on what damages may be available in a particular injury case.
A personal injury case is under a strict deadline that starts from the date of the accident. This deadline is known as the statute of limitations. In Georgia, a plaintiff has precisely two years from the accident date to file a lawsuit for damages. If a family member is filing a wrongful death suit on behalf of their deceased loved one, the statute of limitations begins on the victim’s date of death.
As such, it is crucial to seek legal counsel as soon as possible to preserve one’s right to pursue compensation. A dedicated injury attorney in the area could help file the necessary documents on time and ensure that the legal process goes smoothly.
If you are suffering from injuries inflicted by another party due to their negligence, you have the right to seek compensation for your losses. However, it may be difficult to navigate the legal process while you are recovering. Let a skilled Oakwood personal injury lawyer handle your case and alleviate your burdens. The legal team at Smith Hulsey is ready to schedule a consultation today, so give us a call.
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