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Soperton Personal Injury Lawyer
Filing a Personal Injury Claim in Southeast Georgia
A serious accident can change your life in an instant. You may suddenly find yourself dealing with severe injuries or disabilities, mounting medical bills, and months of missed income due to being out of work. You may find it difficult to stay on top of your bills in addition to the new, unexpected costs you now face. But the good news is, you don’t have to face these challenges on your own.
Under Georgia personal injury law, you have the right to seek financial compensation when you are injured due to the negligent or wrongful conduct of another. The person or party responsible for causing your injuries can be held accountable—and Calhoun Law Firm can help.
Our Soperton personal injury lawyer is here to help you navigate the aftermath of a serious injury and fight for the fair compensation you are owed. To date, our firm has recovered more than $10 million on behalf of our clients. We are known for providing compassionate, personalized client service and aggressive advocacy, both in and out of court.
Proving a Personal Injury Case
When you bring a personal injury claim against another party, you have the burden proof. This means that you are responsible for proving your case, and to prove your case, you will most likely need to prove that the other person or party was somehow negligent.
In fact, you must typically prove several elements to have a successful personal injury case. These elements include:
- Injury: First and foremost, to have a personal injury claim, you must prove that you were injured. In most cases, you will also need to prove that your injury led to measurable damages for which you can be compensated. Examples of common damages include medical bills, lost wages/income, pain and suffering, lost earning ability, and emotional distress.
- Duty of Care: The duty of care is the implied or explicit responsibility one party owes to another. Usually, this responsibility includes a duty to take certain actions and/or avoid certain actions in order to prevent injury. For example, all motorists have a responsibility to follow traffic laws and drive carefully to avoid causing accidents with others.
- Breach: To have a successful personal injury claim, you must prove that the other party breached the duty of care. This typically involves proving that the other party was somehow negligent or acted recklessly, carelessly, or wrongfully. For example, a motorist breaches the duty of care when they choose to drive under the influence of alcohol or drugs.
- Causation: Another important element of your personal injury case, causation refers to the relationship between the other party’s negligent or wrongful conduct and your injuries. In other words, you must prove that the other party’s breach of the duty of care was the proximate cause of your injury and resulting damages.
At Calhoun Law Firm, we can help you establish the various elements of your claim. Our team knows how to obtain critical evidence, and we prepare every case as though it will go to trial. This meticulous approach allows us to develop powerful, persuasive cases for our clients.
How Long Do You Have to File a Personal Injury Lawsuit in Georgia?
Like every other state, Georgia has a deadline by which you must file your personal injury lawsuit. This deadline is known as the “statute of limitations.”
In Georgia, the statute of limitations on most personal injury cases is two years from the date of injury. If the injury was not and could not have been immediately discovered, the statute of limitations may be deferred to two years from the date on which the injury was discovered or reasonably could have been discovered. Other exceptions may apply, but they are rare. In most cases, if you do not file your personal injury lawsuit within two years of being injured, you will lose your right to sue the liable party for damages. This means that you will be unable to recover any compensation.
Can You File a Personal Injury Claim If You Were Partly at Fault?
Because Georgia follows a rule of modified comparative negligence, you can still file a personal injury claim after an accident for which you were partly at fault. However, it’s important to note that you won’t be able to recover the full amount you are seeking in damages if you are found to be partly at fault for the incident.
Here’s how this rule typically works:
- After an accident or injury-causing event, each involved party is assigned a percentage of the blame (adding up to 100%).
- If your percentage of blame is below 50%, you have the right to file a personal injury claim against the liable party.
- If you are found to be 50% or more at fault for the incident that led to your or someone else’s injuries, you cannot file a claim.
- If you are eligible to file a claim, the amount you are seeking in damages will be reduced by your percentage of blame.
So, for example, if you were involved in a car accident and suffered $10,000 in damages, but the insurance company and/or court finds you 20% to blame for the crash, you can only recover up to 80% of your total damages, or $8,000.
How a Personal Injury Lawyer from Calhoun Law Firm Can Help
You should know that the insurance company is not on your side. If you were recently injured due to someone else’s negligence, you should seek legal counsel from an experienced personal injury attorney right away. At Calhoun Law Firm, our Soperton personal injury attorney is ready to stand up for you and be your voice throughout the legal process.
We fight hard to protect our clients’ rights. When you choose our firm, you can count on us to be there for you every step of the way, answering your questions, addressing your concerns, and advocating for you against the interests of the insurance company.
We assist clients throughout Southeast Georgia with all types of personal injury matters, including cases involving:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Pedestrian accidents
- Bicycle accidents
- Premises liability
- Slips and falls
- Dog bites
- Defective products
- Catastrophic injuries
- Wrongful death
No matter how complicated your situation may be, our team is here to provide the personalized guidance you need. We understand what you are going through, and we have what it takes to help you fight for the justice you deserve.
He is quick-witted, strategic and overall a man of his word.Macy M.
Perfect mix of professionalism and casual demeanor.Steven L.
I would recommend Paul Calhoun and his staff to anyoneWhit S.