Pursuing legal recovery after suffering injuries in an accident caused by another person’s negligence can be a complex and daunting process. The filing process, settlement negotiations, construction of a case, and trial procedures could leave most overwhelmed without professional legal assistance.
If you have sustained losses in an accident, you may benefit from the knowledge and assistance of a Douglasville personal injury lawyer. An attorney could review the circumstances of your case and help you weigh your options. En Español.
Personal injury law is one of the most diverse fields in the legal system. Individuals may pursue legal recovery based on a variety of causes and accidents. Most civil cases are based on negligence, which is when someone commits an unintentional tort that results in injuries to another person.
To bring a successful negligence claim, a plaintiff must prove that the defendant owed them a duty of care and breached this legal obligation as a result of their reckless or careless behavior. Additionally, the claimant must demonstrate that the defendant’s negligent misconduct caused actual losses.
Negligence per se is a subcategory of unintentional torts in that it holds a defendant liable regardless of their duty of care. This type of case typically applies when an individual violates a statute, and in the process, causes harm to the plaintiff.
Intentional torts also make up a significant portion of personal injury cases and occur when someone has the intent to bring harm to another person. Some common intentional torts may include assault, battery, fraud, intentional infliction of emotional distress, and false imprisonment. A Douglasville civil claims lawyer could determine which type of case an injured party may have based on the specifics of their losses.
There are many stages that may take place during the progression of a personal injury lawsuit. Depending on the cause of the injuries, a plaintiff may first seek recovery through an insurance claim. Subsequently, if further relief is necessary, a claimant could submit a demand letter to an insurance company or defendant. Settlement negotiations may occur if the two parties can come to an agreement about a settlement amount. If negotiations fail, the lawsuit gets filed with the court. Official Georgia Code Annotated §9-3-33 requires plaintiffs to file their civil claims within two years of the date of the injury.
After filing a lawsuit, the case may go through the discovery stage, where both sides gather evidence, witnesses, and other information to build their cases. Parties can sometimes settle during or after the discovery process.
After discovery, the case goes through motion practice, then to trial. At personal injury trial the plaintiff and their Douglasville attorney must prove that the defendant caused their losses by the preponderance of the evidence.
Getting the just compensation you may deserve for your losses can be a difficult process. It takes time, effort, and experience to navigate the legal landscape.
An experienced Douglasville personal injury lawyer could asses your case and offer their knowledge and support. They could help you formulate an actionable plan for relief, and guide you through the process every step of the way. To get started on your case, call today.