How do I know if I have grounds to pursue a personal injury lawsuit?

grounds to file a personal injury lawsuitIf you were hurt or suffered significant property damage in a Georgia car crash, truck wreck, or another type of personal injury accident, you may be entitled to compensation for the injuries and other losses you sustained. It's vital to contact an experienced personal injury attorney who can help you understand your rights, options, and whether you have grounds to take legal action.

In the meantime, here's a quick overview of some of the factors that affect your ability to file—and win—a personal injury lawsuit.

Comparative Fault Liability

Who was at fault for the accident plays a big role in whether you can collect compensation. However, in Georgia, being partially at fault for an accident doesn't necessarily preclude you from making a financial recovery.

Because the state follows what's known as comparative fault rules, as long as you were less responsible for the accident than the other party, you could potentially recover damages—although the amount you receive may be reduced by your percentage of fault. For example, if the other party was 85 percent at fault for an accident and you were 15 percent liable, your monetary award of $100,000 would be reduced to $85,000.

Statute of Limitations

Statutes of limitation laws restrict how long you have to file a lawsuit against someone. In Georgia, personal injury lawsuits must be filed within two years of the date of the accident or injury. If the two-year statute of limitations expires, you won't be able to file a lawsuit or pursue compensation.

Elements of a Personal Injury Case

In order for your accident case to have a favorable outcome, you and your attorney must prove the following points, which are often referred to as the elements of a personal injury claim:

  • Duty of care. This means the other party had a responsibility to take reasonable steps to ensure your safety. For example, all drivers must drive safely in order to reduce the risk of causing a crash.
  • Breach of duty of care. Once duty of care is established, you must show the defendant breached that duty in some way. In our car accident example, this could mean driving under the influence of drugs or alcohol, speeding, or texting behind the wheel.
  • Causation. Next, you must prove you sustained injuries, property damage, or other losses as a direct result of the defendant's negligent action.
  • Damages. Finally, you must demonstrate that the harm in question resulted in actual damages, such as medical expenses, property repair or replacement costs, lost wages, and other relatable losses.

Contact Us Now to Request a Free Initial Consultation

Make an appointment with the experts at Rechtman & Spevak for a free consultation, and we'll review the details of your case and discuss the options. Don't wait—contact us today!