What to Know About Personal Injury Claims in Hiram, GA
As the saying goes, knowledge is power. At Morrison & Hughes Law, we want to empower you with insights about personal injury law in Georgia.
The Statute of Limitations
Generally, a person must file a personal injury lawsuit within two years of the accident. Attempting to make a claim after this period could jeopardize a case’s viability.
Personal Injury Claims & Insurance Companies
Those who have been injured will often have to negotiate with an insurance company to get the compensation they need. Many insurance providers are multi-million-dollar businesses with resources that surpass what the average person has. They have skilled lawyers and are determined to settle claims for the lowest dollar amount possible. This is why retaining a lawyer before ever working with an insurance company is important, as it can level the playing field.
Available Damages in Personal Injury Cases
Injured parties can pursue economic and non-economic damages. The difference between the two is in their quantifiability. Economic damages are relatively simple to calculate. They might include the price of a necessary medical procedure, long-term physical therapy, medications, weeks or months of lost wages, damage to a car or other property, or funeral expenses.
Non-economic damages will reflect the value of pain and suffering, loss of quality of life, disfigurement, scarring, or disability, among others. It is much more complicated to determine the value of non-economic damages—and argue for them—because they are different in every case.
In addition to economic and non-economic damages, injured parties may receive punitive damages. Courts require at-fault parties to pay these as punishment for malicious or deliberately reckless behavior.
Comparative Negligence in Hiram, GA
Georgia courts use the principle of comparative negligence to decide who is responsible for an accident and what percentage of damages each party is liable for. Even if a victim is partially responsible for the accident, they can still recover damages. However, their percentage of fault will reduce the compensation they can receive.
How Do You Know If You Have a Personal Injury Claim?
Generally, personal injury suits will include evidence of these four elements:
- Duty of Care: The responsible party must owe a duty of care. For example, in a medical malpractice case, a healthcare professional owes their patients a duty to provide a standard level of care.
- Breach of Duty: If the responsible party failed to uphold their duty of care, such as a driver running a red light or a doctor making a critical mistake during surgery, it could be considered a breach of duty.
- Causation: Injured parties must establish a clear link between the responsible party's negligence or breach of duty and the injuries.
- Damages: To pursue a case, the injured party should have suffered damages from the accident.
Remember: every case is unique, and the laws surrounding certain personal injury cases can vary. To understand whether a personal injury lawsuit is viable, consult with an attorney.
What If You Cannot Work After an Accident?
Being involved in an accident that leaves one unable to work can be challenging. Those who are in this situation should seek medical attention immediately. After receiving a diagnosis and follow-up care plan, they should notify their employer and file for disability benefits, if available.
Depending on the nature and severity of an injury, it could be possible to recover lost wages and medical expenses. It is important to communicate clearly with employers and insurance companies when seeking benefits. Retaining an attorney who can protect their client’s rights may also be advantageous. At Morrison & Hughes Law, we proudly represent individuals who need help navigating social security, disability, workers’ compensation, or employment law claims.
Get Started with Morrison & Hughes Law
Our firm is at your service 24/7. Whether you or a loved one has been in a car wreck on State Route 278, hurt at work, or injured because of someone else’s negligence, do not hesitate to contact us. A representative of our firm will gladly schedule a convenient virtual or in-person consultation. These initial meetings are free, so there is no reason to wait to learn more about your case and how our Hiram personal injury attorneys can fight for what you deserve.
Call (678) 679-8283 or reach out to us online.
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