A Riverdale personal injury case can be quite the ordeal. Getting injured can be a frustrating experience for most people. Depending on the severity of the injury, you may find yourself unable to perform regular tasks. Fortunately, you can get damages if another person caused the injuries. If you choose this option, you may have questions.
A Riverdale personal injury lawyer will answer your questions. But before that, this article explains personal injury cases and what you should expect.
What Qualifies as a Personal Injury Case in Riverdale?
Personal injury cases happen when an individual has been injured due to another person’s negligence. There are several examples of personal injury cases, including:
- Car accidents
- Slip and falls
- Dog bites
- Medical malpractice
- Defective products
- Truck accidents
- Construction accidents, etc.
Not all accidents can be classified as personal injury cases. We’ll look at some factors that must be present to make an injury a personal injury case.
The first factor is the duty of care. The duty of care refers to a legal obligation to act reasonably in a way that does not hurt others. In other words, for someone to be held responsible for your injury, someone else will not have performed the same action. So, for example, the duty of care requires that drivers handle their cars carefully.
Once a duty of care has been established, the next step is to prove that it was breached. For example, in the case of the driver above, breaching the duty of care could happen if they ran a red light or drove while under the influence of drinks or a substance.
After establishing a breached duty of care, the next step is showing that the action directly caused your injuries. Individually, each of these components can not determine a personal injury case, but together they can.
What Damages Can I Get in a Riverdale Personal Injury Case?
If you have been injured due to someone’s negligence, you may be eligible for damages. Generally, this compensation falls into economic and non-economic damages. However, in rare cases, you may be awarded punitive damages. Punitive damages are awarded when the court believes that the defendant’s actions have been particularly harmful.
As the name suggests, economic damages cover financial losses incurred by a plaintiff due to an accident or injury. For example, it covers medical expenses, lost and future wages, property damage, and personal care. Non-economic damages, on the other hand, aim to compensate for non-financial hurts. These include disfigurement, permanent impairment, loss of consortium, and loss of enjoyment of life.
The damages you are awarded are determined by the laws of the state where you were injured. In some states, your percentage of fault determines the damages awarded to you. This is called comparative negligence, and Georgia practices a modified comparative negligence system. This means that you will receive compensation provided you have less than 50% of the fault.
Is There a Statute of Limitations for Personal Injury Cases?
Personal injury cases in Georgia have a Statute of Limitations. This means that there is a date after which you cannot file a personal injury case in Georgia. This is done to protect the defendants as they may have lost the evidence that could disprove the claim if the plaintiff takes too long to file a case. Most personal injury cases in Riverdale have a Statute of Limitations of two years. However, you have up to four years for loss of consortium cases.
What Should I Do After an Accident?
What you do after an accident or injury could significantly impact your ability to receive compensation. We’ve listed some actions you could take to help you below.
Get Medical Help
Have a medical professional check you if you have been involved in an accident. For starters, it ensures that you are well taken care of. In addition, it exposes any hidden injuries that you may have sustained. You may feel no pain after an accident, but you must get checked regardless.
Your health is not all that benefits from a checkup. Your personal injury case could depend on it. When you get checked by a medical professional, it creates a tangible record of your injury and the medication you took. Since personal injury cases are primarily determined by evidence, this could be extremely valuable.
Take Pictures of the Scene
If you have been involved in a car accident, you must take pictures of the accident scene. You do not need fancy gear as your smartphone camera will do. Instead, ensure you get photos from different angles. Sometimes, you may be badly injured, making it difficult to take pictures. In such cases, you could have someone else do that for you.
Do Not Speak to Insurance Companies Without a Lawyer
Insurance companies do their best to ensure they pay as little as possible in damages. As a result, you may get a visit from an insurance adjuster after an accident. Typically, they’ll present you with an offer that will look great.
However, do not take it without consulting a lawyer, as it can be difficult to change after accepting it. In addition, do not respond to any of their questions as your answers could be used against you in the future.
Get a Lawyer
Always hire a lawyer if you have a personal injury case. The benefits are enormous. Most people don’t have any legal training. While you may have a little understanding of the law, it’s nothing compared to what an experienced personal injury lawyer can do for you.
An experienced personal injury lawyer can combine both knowledge and experience to ensure you have the best outcomes. They’ll help you find expert witnesses where necessary, identify eyewitnesses, and ensure you file every document on time. The insurance company will have an experienced lawyer working for them. You should too.
Hire the Best Personal Injury Attorneys in Riverdale
If you ever get injured due to another person’s negligence, it is important to remember that you may be eligible for compensation. Therefore, you will need to hire a lawyer to guide you through the process.
When you hire a Riverdale personal injury lawyer, you’re able to focus on healing while the lawyer works on getting you fair compensation. At Humphrey and Ballard Law, our legal team will help you gather evidence, find witnesses, and prepare you for every stage of your case. Give us a call at 678-825-6004 to schedule a free consultation.