Sustaining significant injuries or major property damage can be overwhelming to deal with, especially if you wish to seek compensation. Fortunately, a legal representative could handle insurance claims, manage opposing parties, and prepare negotiations while you focus on your recovery. If you need help filing a civil claim, a dedicated Stone Mountain personal injury lawyer could navigate you through the complex legal process.
Personal injury accidents, often referred to as torts, is one of the most diverse and wide-ranging legal fields. Torts are wrongful acts that damage someone’s property or cause a person to suffer significant bodily harm. The law divides torts into two categories: intentional and unintentional torts.
Unintentional, or negligent, torts are a common cause of some personal injury lawsuits. The theory of negligence states that a person is negligent if they fail to act as a reasonable and careful person would under similar circumstances to the incident. To successfully bring a personal injury action, a plaintiff must prove the elements of negligence.
A claimant first must demonstrate that the defendant owed them legal obligation, or a duty of care. Depending on the situation and the persons involved, the standard of care may differ. Next, the injured party must show that the defendant breached their duty of care by failing to act reasonably within their legal obligation.
The plaintiff also must prove that the defendant’s breach was the proximate and actual cause of their losses, and they suffered harm that could be remedied by compensation. A dedicated Stone Mountain personal injury attorney could help a plaintiff prove these elements to establish negligence in a civil suit.
Unlike negligence, intentional torts occur when someone deliberately causes another person bodily harm, interferes with their rights, or damages their property. Types of intentional torts may include assault, battery, trespassing, conversion, or false imprisonment. For someone to be guilty of committing an intentional tort, a plaintiff must prove that the defendant had the intent to engage in this wrongful behavior.
Claimants seeking compensation should be aware of specific time limits that could affect their ability to obtain compensation. Also called a statute of limitations, the state sets a two-year time frame to file a personal injury lawsuit under the Official Code of Georgia §9-3-33.
However, if an injured party’s claim is against a government entity, they have only six months to file a formal lawsuit. By hiring a skilled civil suit lawyer in Stone Mountain, a claimant can ensure that they meet all statutory deadlines.
You do not have to navigate the path to recovery on your own. Whether someone caused you to sustain injuries through their negligent actions or their malicious behavior, you should retain a Stone Mountain personal injury lawyer to help you fight for your rights. Our office could review your case if you are facing difficulties finding legal counsel. Call now to get started on your case.