Atlanta Personal Injury Attorneys Fighting for Victims and Their Families
Getting hurt because of an accident that might have been avoided if it wasn’t for someone else’s oversight or negligence is a difficult and emotionally trying situation. More often than not, victims find themselves dealing with lifelong consequences and unforeseen expenses arising from their injury. Fortunately, there are several avenues you might be able to take to recover the compensation you deserve for your losses, including pain and suffering.
Can I Sue Someone for Negligence in Georgia?
If your accident was mostly a result of someone else’s actions (or failure to act), you may be able to file a claim on the grounds of negligence. Negligence in personal injury cases is defined as a breach in the duty of care owed between one party and another, resulting in an accident. If the accident resulted in an injury that likely could have been preventable if the defendant had not breached their duty of care to the plaintiff—that is often considered negligence in Atlanta personal injury cases. Another factor contributing to negligence may be that the injury can be linked directly to significant losses and emotional stress.
In Atlanta, Georgia, the modified comparative negligence rule allows victims to receive compensation even if they were partially at fault for their accident. Often, the victim must not be more than 49% at fault for an accident in order to receive compensation. As an example, if the court determines that the victim is eligible for a 100,000.00 settlement but contributed 10% to the accident, the victim might only receive 90,000.00, which is the total claim amount minus 10%.
How Long Do I Have to File a Claim?
Generally, the statute of limitations for negligence-based personal injury claims is two years from the date of the accident. This means that if you wait too long to file your claim, it will likely be dismissed. It is important to act fast for two main reasons. First, every personal injury claim needs to be backed by solid evidence. Items like photos, videos, testimony from witnesses, and even wrecked vehicles or defective machinery will be easier to access shortly after the accident. If you wait for two years, it may be harder to piece together an effective investigation and collect enough evidence for your case. Second, you need to find the right personal injury attorney for your situation, and then give your attorney a chance to build a strong case on your behalf – which may also be a time-consuming task when done right. For those reasons, it is best to take action as soon as you can.
Do I Need a Personal Injury Attorney?
If your accident was nothing more than a fender-bender and you walked away with just a few scratches, then you might think you will be fine dealing with the insurance company without the intervention of an attorney. However, some minor cases become difficult for unforeseen reasons; mostly, though, in a case where your injuries are serious, when your accident resulted in significant losses or property damage, or when you have reasons to believe the insurance company is treating you unfairly and not listening, the stakes are much higher and one simple mistake may mean thousands of dollars potentially lost.
A skilled Atlanta personal injury attorney can use their knowledge of the law and their negotiation skills to help you navigate your personal injury claim with more confidence and less stress while avoiding costly mistakes. Often, insurance companies are interested in protecting their profits and cutting costs, meaning they will try everything they can to reduce the value of your claim or find a reason to deny it. There is absolutely no reason why you should try to deal with them and their adjusters while you are trying to heal and recover from your injuries.
Oren Ross & Associates Can Help
Your well-being, your financial security, and your health may be in jeopardy after an accident. You don’t have to face any part of the process alone. If you have been injured in an accident in Atlanta, let us fight beside you and for you. The attorneys at Oren Ross & Associates can help you. Contact us at (404) 436-1752 to schedule an appointment.