Tifton Personal Injury Lawyer Representing Accident Victims
As the saying goes, accidents happen, and when they do, serious injuries can result. Your accident can leave you with exorbitant medical bills and unable to work. How will you pay your bills? How will you take care of your family? How will you rebuild your life? A Tifton personal injury lawyer at Hudson Injury Firm can help you answer these questions and get you the compensation you are entitled to.
What You Have to Prove in Your Georgia Personal Injury Case
No matter how obvious it may seem that the other party is responsible for your accident, you and your Tifton personal injury lawyer have to prove your case. This applies even if you don’t go to court – the insurance company will demand proof as to why they should pay your claim. As a result, you will need to prove the following elements in any personal injury case:
- The other party owed you a legal duty to avoid causing harm;
- The other party breached that duty;
- The breach of that duty caused the accident and resulted in your injuries.
In order to prevail on your claim, you will need to collect evidence that supports each of these elements. No doubt, this can feel overwhelming when you’re trying to recover and deal with the fallout from your accident. A Tifton personal injury lawyer can help you build a strong case while you focus on your recovery.
Did the Other Party Owe You a Legal Duty?
The first step in your personal injury case is proving the other party owed you a legal duty, which will vary according to the nature of your case. For example:
- All drivers owe a legal duty to other motorists, pedestrians, and cyclists to obey traffic laws and drive safely.
- Property owners have a legal duty to guests and visitors to ensure that their property is free from hazardous conditions.
- Product manufacturers have a duty to ensure that their products are safe for use by consumers.
- Doctors and other health care providers have a duty to provide treatment that conforms with the standard of care.
- Daycare and other healthcare facilities have a duty to ensure that children receive adequate care and supervision.
- Dog owners have a duty to ensure that their dogs are under control at all times.
This may seem obvious, but there can be exceptions. For example, a property owner does not owe a legal duty to trespassers or a family doctor may not owe the same legal duty as a specialist. A knowledgeable Tifton personal injury lawyer will be able to identify whether the other party in your case owed you a legal duty.
Negligence Explained by a Tifton Personal Injury Lawyer
The second element you need to prove is that the other party breached their duty to you. In most personal injury cases, this means proving that the other party was negligent.
Negligence is commonly defined as the failure to take the same amount of care to avoid causing injury as would be exercised by a reasonably prudent person in the same or similar circumstances. Determining whether the other party was negligent is often the critical element in a personal injury case, and requires knowledge of the law and the ability to identify the critical facts. Here are some examples of what may constitute negligence in different personal injury cases:
- A driver runs a stop sign and causes a car accident.
- A retail store owner fails to make necessary repairs to an escalator and a customer slips and falls.
- A product manufacturer fails to include sufficient instructions regarding the safe use of their product, which results in a catastrophic injury for a consumer.
- A trucking company encourages their drivers to drive while sleepy.
Negligence can be difficult to prove – a single, seemingly insignificant fact can make a big difference in the outcome of your case. If you’ve been injured in an accident, an experienced Tifton personal injury lawyer can review your case and determine whether the other party may have been negligent.
The final element that you will need to prove is that the other party’s negligence caused your injuries. Doing so is relatively straightforward in most cases, but in reality, the challenge is proving the nature and severity of your injuries. This is often referred to as the “damages” portion of your claim.
About Economic Damages in Georgia
If you are injured as a result of someone else’s negligence, you may be entitled to compensation, which includes any monetary losses you suffered as a result of the accident, including the following:
- Your medical bills. You may be entitled to compensation for any expenses incurred for medical treatment such as doctor’s visits, hospital stays, ambulance and ER services, physical therapy, and rehabilitative care. Expenses covered by your health insurance are included, but especially your uncovered expenses such as copays and deductibles.
- Your lost income. Whether you are paid on an hourly or salary basis, you are entitled to seek compensation for any income that you lost as a result of your accident. Lost income can include time off for doctor’s appointments and physical therapy or long-term leave of absences.
- Miscellaneous expenses. You are entitled to seek compensation for any other expenses you incurred as a result of your accident such as increased transportation costs or modifications to your home to accommodate a temporary or permanent disability.
An experienced Tifton personal injury lawyer will be able to help you calculate the total expenses you have incurred as a result of your accident. More importantly, they can help collect the documentation you need to prove your claim.
Our Tifton Personal Injury Lawyer Breaks Down Non-Economic Damages
In addition to your economic damages, you may also be entitled to compensation for the physical and mental anguish you suffer as a result of your accident. However, the value of your claim for pain and suffering can be difficult to calculate. An experienced Tifton personal injury lawyer can provide you with an estimate of this portion of your claim by looking at the following factors:
- The nature and severity of your injuries
- Whether your injuries will result in a permanent disability
- The impact your injuries will have on your daily life
- The impact your injuries will have on your ability to work
- The pain and discomfort normally associated with your injuries
There is no cap on the amount of damages you can pursue for pain and suffering. However, it is important to calculate this portion of your claim accurately – you want to be sure to get fair compensation but avoid undermining the validity of your claim and your credibility.
Contact a Tifton Personal Injury Lawyer at Hudson Injury Firm
Don’t let your accident shape your future – you need someone on your side who can help you get your life back. To schedule a free consultation with a Tifton personal injury lawyer, contact Hudson Injury Firm online to discuss your case and how we can help.