You can suffer a personal injury in Cartersville, GA and be solely responsible for any medical costs or others related to it. However, if someone caused your injury, you can hold this person accountable. In this instance, you can hire a Cartersville personal injury lawyer to help you pursue compensatory damages.
At Joel Thrift Law LLC, our Cartersville personal injury attorney is happy to help you in any way possible. If you want to file a personal injury lawsuit in Cartersville, reach out to us today. From here, our injury attorney can review your case and offer tips on how to proceed.
How a Personal Injury Is Defined in Cartersville
A personal injury occurs due to negligence. For example, you can act negligently when driving a car and cause an accident that leads to a personal injury. Or, you can suffer a personal injury due to someone else’s negligence.
There are many types of personal injury cases, including:
Auto accidents occur every day due to distracted driving, intoxicated driving, and many other reasons. If a driver is negligent behind the wheel, this individual can cause a car accident. Meanwhile, if the driver’s negligence contributed to the personal injuries of other motorists or pedestrians, this individual can be held financially responsible for compensatory damages.
A truck driver can ignore posted speed limits, doze off behind the wheel, or commit other acts of negligence. In any of these scenarios, a truck accident can occur. If a negligent truck driver causes an accident, this individual is subject to one or more personal injury lawsuits.
A driver must keep a close eye out for bicyclists. If a driver is negligent and causes a bicycle accident, the cyclist can sue. In this scenario, the cyclist can request economic and non-economic damages relating to their personal injuries.
Aggressive driving, driving while fatigued, and ignoring traffic laws are three of the biggest reasons why motorcycle accidents occur. Any time a driver acts negligently, they can cause a motorcycle accident. Following a motorcycle accident, the rider can file a personal injury lawsuit against a negligent driver.
It only takes a second for a bus driver to lose focus and cause an accident. If a motorist or pedestrian is injured in a bus accident, they can seek damages in a personal injury lawsuit. Depending on the severity of their personal injuries, a plaintiff in a bus accident lawsuit can secure tens or hundreds of thousands of dollars in damages.
If you believe you have a strong case for a personal injury lawsuit in Cartersville, get in touch with an experienced injury lawyer. You can provide the lawyer with details about your personal injury and how it occurred. Next, the attorney can determine if you have a compelling argument.
When to File a Personal Injury Lawsuit in Cartersville
Let a Cartersville injury lawyer examine your case before you file a lawsuit. At this point, the attorney can review all of the factors surrounding your case. The lawyer will ask questions and learn as much as possible to ensure you can receive the best legal advice.
In a personal injury lawsuit, you are responsible for providing a burden of proof to show that someone else’s negligence led to your injuries. To establish a burden of proof, you may need to collect evidence to support your request for damages. Also, you may need to find witnesses that can testify on your behalf during a trial.
A Cartersville personal injury lawyer will consider the evidence and witness testimony you can provide before accepting your case. If you have a substantial amount of evidence and witness testimony or are capable of collecting them, an attorney may accept your case. The lawyer can then file your personal injury lawsuit in accordance with Georgia’s statute of limitations.
How Much Time You Have to File a Personal Injury Lawsuit in Cartersville
There is a two-year limit for filing personal injury lawsuits in Georgia. You have up to two years from the date you suffered a personal injury to request damages from anyone responsible. If you wait more than two years, you lose the right to seek damages in a personal injury lawsuit.
Cartersville personal injury attorneys are available to review your case at any time. By meeting with a lawyer shortly after you suffer your personal injury, you can get help as you decide whether to proceed with a lawsuit. If you believe a personal injury lawsuit is the best course of action, your attorney will make sure the appropriate paperwork is submitted to the court.
Once your personal injury lawsuit is filed, it may be weeks or months before your case is resolved. A judge or jury will not hear your case right away. Rather, you and the defendant are expected to engage in negotiations prior to your trial date.
What to Expect During Personal Injury Settlement Negotiations
Personal injury attorneys keep the lines of communication open with their clients. They encourage their clients to review any settlement proposals that come their way. On the other hand, personal injury lawyers will not push their clients to accept subpar settlements.
If a defendant offers you a settlement in your personal injury case, it is in your best interest to evaluate it. You are under no obligation to accept the proposal. If you find the proposal falls short of your expectations, you can decline it without penalty.
You may be tempted to accept a settlement offer if you are running short on money. Yet, you should keep in mind that going forward with your litigation can help you secure the most damages possible. If you have a proven Cartersville injury attorney at your side, you are equipped to receive economic and non-economic damages.
How Economic and Non-Economic Damages Work in a Cartersville Personal Injury Lawsuit
Economic and non-economic compensatory damages can be awarded in a Cartersville personal injury lawsuit. You can get economic damages for medical bills, lost wages, and other quantifiable losses. Comparatively, non-economic damages are awarded for pain, suffering, and other subjective losses.
There are no limits on the amount of economic damages you can pursue in a Georgia personal injury lawsuit. With non-economic damages, there are some limits in certain types of cases. A Cartersville personal injury attorney can teach you about economic and non-economic damages and make sure you request a reasonable amount of compensation.
Along with economic and non-economic damages, there can be times when a judge or jury awards punitive damages. In most instances, punitive damages are capped at $250,000. They are awarded to deter a defendant from committing future acts of negligence.
How to Calculate the Damages to Request in a Cartersville Personal Injury Lawsuit
You cannot put a financial amount on the subjective losses you incur due to a personal injury caused by someone else. Fortunately, injury attorneys know the ins and outs of calculating damages. Before your lawyer files your lawsuit, they will ask you to consider your personal injury costs to date, including:
- Medical treatment costs
- Money you lost due to your inability to work
- Costs to repair or replace damaged property
Your lawyer will also ask you to consider any emotional distress, loss of companionship, or other non-economic losses. These damages can be tough to calculate, but your attorney will help you do so. As soon as you and your attorney agree on a damages amount, you can file your personal injury lawsuit and move forward with your litigation.
How a Cartersville Personal Injury Lawyer Approaches a Case
No two injury lawyers work in the same manner. Regardless, they share a common goal: to help their client win or settle their case in as little time as possible. To achieve this goal, an injury lawyer works in lockstep with their client at every stage of the legal process.
Initially, a personal injury lawyer allocates as much time as needed to learn about a personal injury claim. The attorney then files their client’s lawsuit and works with this individual to gather evidence and find witnesses. If a defendant proposes a settlement, the lawyer notifies the client, who then must decide whether to accept, reject, or counter the offer.
As a personal injury case approaches a trial date, an attorney helps their client prepare. In addition to building the plaintiff’s case, the lawyer educates the client about the trial process. That way, the plaintiff knows what to expect when their trial commences.
How a Cartersville Personal Injury Trial Is Completed
The best Cartersville personal injury lawyers know the stages of a trial and how to deal with any legal challenges that come up along the way. When your case goes to trial, you and the defendant have the opportunity to share your side of the story. Your attorney helps you show a judge or jury why you should be awarded damages, while the defendant’s lawyer attempts to explain why no damages should be awarded.
A judge or jury considers the perspectives of all parties involved in a personal injury trial. After a trial is finished, a judge or jury renders a decision. At this time, you will find out if you will be awarded damages.
Ideally, a judge or jury will rule that the defendant was 100% responsible for your personal injury. If this happens, you will be awarded full damages. Conversely, there can be instances where a judge or jury finds a plaintiff is partly responsible for their personal injury, which impacts the amount of damages awarded.
A Look at Comparative Negligence in Cartersville
In Georgia, a “comparative negligence” rule applies to personal injury cases. This rule states a plaintiff can be awarded a fraction of the damages they originally requested if they are found partially responsible for their personal injury. If the plaintiff is found to be 50% or more at fault for their personal injury, they cannot receive any damages.
For example, a judge or jury may rule a plaintiff is 20% responsible for their personal injury. If the plaintiff requested $10,000 in damages, the amount they are awarded is reduced accordingly. Thus, the plaintiff receives $8,000 in damages.
Cartersville injury attorneys want their clients to secure full damages every time. Your lawyer will look for ways to strengthen your personal injury case leading up to your trial date. If your attorney is successful, you should have no trouble securing the maximum amount of damages.
How to Achieve the Best Results in Your Cartersville Personal Injury Case
Checking out Cartersville injury lawyers is a great starting point for those interested in filing a personal injury lawsuit. You can set up a date and time to meet with an attorney to discuss your case and determine if this lawyer can represent your best interests. If so, you can hire an attorney and work with them to pursue damages.
Hiring an attorney is one of many things you can do to put your best foot forward in your personal injury case. Other things you can do to get the most value out of your personal injury claim include:
Take Care of Your Evidence
You can collect a wealth of evidence to support your request for damages, including:
- Medical records
- Accident reports
- Photos and videos
- Financial documents
- Witness statements
Keep track of all of the evidence you gather over the course of your litigation. You and your attorney can review your evidence and determine what to submit during your trial. On top of that, you may be able to present evidence that can be used to dispute any allegations the defendant makes against you.
Receive Medical Care
If you suffer a personal injury, do not wait to get a medical evaluation. You can consult with a doctor that can assess your injury and its severity. The doctor can then treat your injury so you can minimize the risk that it causes long-lasting health problems.
Follow through with any medical treatments. For instance, if your doctor recommends physical therapy, go to every session. Track each medical treatment you receive and the progress you make as you try to rebound from your injury.
Provide your attorney with any bills or other documents relating to your medical treatments. These documents can be used as evidence. They can also help you calculate the amount of damages to request.
Stay Off Social Media
Resist the urge to post updates on social media for the duration of your litigation. Ultimately, the defendant in your case may look up your social media accounts in the hopes of gathering evidence that can be used against you. If you publish social media updates about your personal injury, these posts can hamper your ability to secure damages.
You can keep your family members and friends up to date about your personal injury and litigation. If your family members and friends want to publish a photo of you on social media, you should advise them not to do so. There is no telling who may see a social media post of you, and this post can harm your case.
A personal injury lawyer in Cartersville can provide tips and guidance on how to manage your social media accounts during your litigation. When in doubt about whether to post on social media, it is better to avoid doing so. Otherwise, you risk publishing content that may wind up causing you to lose thousands of dollars in damages.
Avoid Accepting the First Settlement Offer That You Receive
If you are presented with a settlement proposal, take your time to evaluate it. Instead of accepting an initial proposal, you can counter it. This can give you a good idea of whether a defendant is willing to negotiate and agree to terms that line up with your expectations.
A personal injury attorney in Cartersville cannot decide on a settlement offer for their client. If you get a settlement proposal, your attorney can help you assess it. Your lawyer can help you weigh the pros and cons that come with any decision you make regarding an offer.
Many personal injury cases are resolved outside the courtroom, but a plaintiff should not accept a settlement offer unless it meets their requirements. If you and a defendant come to terms with a settlement, you can get compensation without having to go to trial. Those who find no acceptable settlement offers are presented should have no qualms about continuing with their litigation.
How to Choose the Right Attorney for Your Cartersville Personal Injury Case
Take your Cartersville personal injury case seriously. Find a lawyer that understands your personal injury claim and wants you to achieve the optimal case result. This requires you to meet with a lawyer to find out what they can offer.
The ideal personal injury lawyer has a track record of successful personal injury case results. This attorney answers any questions a person has about personal injury cases. Plus, the lawyer is transparent and maintains open and honest communications with their client throughout this individual’s litigation.
If you feel comfortable with a personal injury lawyer, only then should you move forward with them. This attorney will do everything in their power to help their client quickly win or settle their case. The lawyer will ensure that their client receives comprehensive support during their litigation as well.
Reach Out to a Cartersville Personal Injury Lawyer
Joel Thrift Law LLC makes it easy to connect with a best-in-class personal injury lawyer in Cartersville. To get started, please contact us today.