How Do I Know If I Have a Valid Personal Injury Claim in Georgia?

Curious whether you have a personal injury claim? An Atlanta, GA personal injury lawyer is the one to ask: while the information below will give you a general idea of whether your claim is valid, only a lawyer can tell you for certain whether your unique circumstances will qualify.

Is Your Injury Due to Someone Else’s Negligence?

You can get an idea of whether you have a valid claim by asking yourself whether someone else’s failure caused you to experience an injury. For example, all drivers on the road have a duty of care to other drivers that is expressed by following the rules of the road and paying attention. If a driver was speeding, ran a red light, or was texting while driving and hit you, you may have a case to prove negligence. If a driver who hit you was drunk at the time, the law considers this negligence per se, or automatically. Continue reading to learn more, or contact one of our Georgia personal injury law firms in Atlanta, Alpharetta, Cumming, or Lawrenceville to discover how we can help you.

Bear in mind, however, that Georgia is a comparative fault state. This means that if you bear any fault for the accident, your claim value will be reduced by the same percentage as your fault. If you are 50% or more at fault, you cannot recover any compensation, no matter how negligent the other party you may have been.

Can You Show Real Damages As a Result of the Accident?

Are you able to show a link between the injury that was caused by the other person’s negligence and real damages that you have suffered? Normally, this link will be proved by things like medical bills, repair receipts for cars or other personal property, bank account statements or information from your employer showing lost wages, etc. In other words, you must’ve actually suffered a genuine loss, and you must be able to tie that loss to the accident.

Has the Statutes of Limitations Run Out?

A “statute of limitations” is a time limit within which you must file your personal injury claim. The statute of limitations for most claims of this type in Georgia is two years. In other words, if you don’t get your claim filed within two years, you will not be able to file any claim at all. This is why it’s so important to talk to a lawyer as soon as possible: that two years can run out a lot faster than you might think.

There are some exceptions to this rule. For example, property damage claims can be brought up to four years after the incident. Additionally, if the victim was under 18 at the time of the accident, the statute of limitations does not start running until they turn 18. In some cases, the time limit can be extended if there was fraud of some sort, such as if the guilty party lied to hide their responsibility for your injuries or losses.

Contact an Atlanta, GA Personal Injury Lawyer as Soon as Possible

To really know what your claim might be worth, you need to call a lawyer and do it quickly. Contact Spaulding Injury Law in Atlanta now for a free case consultation and help throughout the state of Georgia.

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