Being injured in a preventable accident can be extremely frustrating, not to mention painful and expensive. When someone else’s recklessness or carelessness leaves you seriously hurt, it is crucial to understand that you have legal rights.
An experienced Doraville personal injury lawyer could help you understand your options after an accident. At Robert James Trial Attorneys, we have a unique and valuable perspective when it comes to getting you the compensation you deserve. With experience on both sides of the court, Attorney Robert James does not back down from a fight and will do whatever it takes to make things right for you and your family.
How a Lawyer Can Help After an Accident
The concept of “negligence” refers to situations in which a person or business acts irresponsibly, and their actions or inactions cause harm to others. In order to prove negligence, an injured person’s attorney must show the defendant acted below the standard of a reasonable person and caused an accident with injuries or property damage.
For some people, lawsuits can be daunting or seem like they are not worth the hassle. It may be tempting to pay your out-of-pocket expenses yourself and move on. While this is understandable, it is not in your best interests in the long run.
A Doraville personal injury attorney can take the stress off you so that you can focus on recovering. A lawyer could investigate an accident, identify potentially responsible parties, and assess your damages. Armed with this information and an intricate understanding of the law, an attorney could negotiate a fair settlement on your behalf.
Some attorneys avoid taking cases to court, but that is not our approach. We are dedicated to getting you the best possible case outcome, which means that we are not afraid to fight for what you deserve in court. For renowned former prosecutor Robert James, no stage is too big.
Common Personal Injury Claims
According to the U.S. Department of Justice, the most common personal injuries based on negligence involve motor vehicles. These accidents account for 52 percent of personal injury claims and include:
A motorist obeying all the traffic rules and doing their best to avoid a wreck can still be hurt if someone else acts irresponsibly.
Medical Malpractice and Defective Products
After vehicular accidents, the most common personal injuries are medical malpractice (which makes up 15 percent of all cases) and defective products (which makes up five percent of all cases). Medical malpractice is lodged against medical personnel who provide substandard care, such as surgeons who operate on the wrong limb or leave instruments inside patients. Injuries can also result during childbirth, administering anesthesia, or by prescribing the wrong drugs.
Defective products harm people when they expect a particular consumer good to work safely and as intended, but it fails in some way. The product can be defective in its design, or during its manufacturing phases. If there is an inherent danger the consumer may not be aware of, the manufacturer also has a duty to warn buyers via appropriate labeling and instruction.
Premises Liability and Workplace Accidents
The remaining 28 percent of injury cases include accidents in the workplace, home, and on property owned by someone else, both commercial and residential. Workplace accidents generally occur when safety regulations are not mandated or followed, such as at construction sites where workers are not issued proper safety equipment. They can also result after improper employee training or if two angry employees fight in the parking lot.
Slipping and falling on food left on a grocery store floor, tumbling down a flight of stairs in a poorly lit apartment building, and enduring a dog attack at a neighbor’s home are all additional examples of personal injuries. No matter how the inciting incident occurred, a local Doraville personal injury attorney could fight for an injured party’s right to compensation for losses.
Time Limits on Legal Claims
Although many cases settle long before going to trial, the credible threat of a lawsuit is often the leverage you need to get an insurer to negotiate in good faith. Knowing the timeframes for filing a lawsuit is essential because once the statute of limitations expires, you will likely be unable to obtain any compensation at all.
Negligence Actions for Injured Adults
When an adult suffers an injury in an accident, the Official Code of Georgia Annotated § 9-3-33 allows two years from the date of the incident to file a lawsuit seeking damages. If the injury was not immediately apparent, you have two years from the date of discovery to file a lawsuit. However, if the injury resulted from a defective product, you must file a lawsuit no more than ten years after the product left the manufacturer’s control.
Two years is also the statute of limitations for wrongful death action. When another person’s reckless or negligent acts lead to death, the family has two years from the date of their loved one’s passing to bring a wrongful death lawsuit.
Claims Related to Injuries Sustained in a Crime
A special rule applies if you are hurt by assault, a drunk driving accident, or another incident that results in the responsible party facing criminal charges, including a traffic citation. The statute of limitations does not begin until the end of any criminal or traffic proceedings, meaning the date the charges are dismissed, a plea is accepted, or a jury issues a verdict. The statute of limitations can “toll,” meaning the clock stops ticking until the criminal or traffic case is resolved. However, regardless of how long it takes for the criminal or traffic case to be resolved, you must file a lawsuit within six years of your accident.
Claims Belonging to an Estate
When someone passes away, their estate holds certain rights that could include a personal injury claim. When the person dies without a will, a court must appoint an Administrator to wrap up the person’s financial affairs and distribute their property. The time between death and the court’s appointment of an Administrator does not count toward the statute of limitations that applies to an action the estate might bring. In these cases, the statute of limitations can toll for up to five years.
Claims for Injuries to Minors
A person cannot bring a lawsuit until they reach 18. When a minor suffers an injury, they have two years from their 18th birthday to sue. They may claim their pain, suffering, future medical care, and diminished earning capacity. However, it is often advisable for a parent or guardian to sue on the minor’s behalf rather than wait.
Claims Against the Government
In some circumstances, an injured person might have a claim against a governmental entity. A skilled personal injury lawyer in Doraville could explain the notice provisions that apply when a person sues a specific local government. For claims against the state or a county, an injured person must present notice of their claim within one year of the incident that caused their injury. For claims against a city or a municipal government, an injured person must present notice of their claim within six months of the incident that caused their injury.
Speak with a Knowledgeable Doraville Personal Injury Attorney About Your Case
If you were hurt in an incident that was not your fault, the responsible parties have a legal obligation to compensate you. A Doraville personal injury lawyer at Robert James Trial Attorneys is ready to help you hold them to this obligation.
The sooner you take legal action after an accident, the better. We can meet you for in-home or hospital consultations to make this process as seamless as possible. To get started on your case, contact our office today.
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