Cobb County Personal Injury Lawyer
Accidents happen every day and while most are minor, some may have devastating consequences. When a serious accident occurs through no fault of your own and leaves you with physical, emotional, and financial damages, a Cobb County personal injury lawyer could help you seek compensation.
A professional personal injury attorney could examine the case and work to identify liable parties. Compensation could help address financial concerns and hold a negligent party accountable for his or her actions.
Common Personal Injury Causes
Personal injuries may result from many different incidents. However, some of the most common causes of injuries in Cobb County frequently stem from the following:
- Automobile, motorcycle, bicycle, and pedestrian accidents;
- Dog or other animal bites;
- Slip and fall incidents;
- Defective products; and
- Boating and other recreational accidents.
In Georgia, anyone who was injured due to the actions of another generally has two years from the date of the injury to file a personal injury lawsuit against a defendant. After that time, they may be prohibited from pursuing compensation.
What are the Recoverable Damages for Personal Injuries?
People may suffer a wide range of injuries in an accident. Some injuries could be minor, while others are severe and may extensively limit their livelihoods. As a result, a severely injured person could sue to recover the compensatory damages needed to help make them whole. Compensation could include both economic damages such as lost income and medical expenses, as well as noneconomic damages such as pain and suffering.
If a person’s actions were especially egregious, meaning they showed willful misconduct, malice, fraud, wantonness, oppression or were consciously indifferent to the consequences, then punitive damages may be awarded to both penalize the defendant and deter them. Under Section 51-12-5.1 of the Official Code of Georgia Annotated, there is typically a cap of $250,000 on punitive damages. However, in certain cases, such as when the defendant acted while under the influence of alcohol or drugs, there is often no set limit.
How Does a Victim Establish Negligence?
To determine fault in an accident, a Cobb County personal injury lawyer typically will review the accident documentation, including records of medical treatment received, police reports filed, photos taken at the scene and of the claimant’s injuries, and statements of potential witnesses. Once responsibility is established, to bring a lawsuit against someone for injuries suffered because of his or her negligent behavior, a claimant may need to prove four elements of negligence:
- The responsible party owed a duty to the claimant to act in a reasonable manner in the situation;
- The defendant breached his or her duty by action or inaction;
- The breach was the actual and proximate cause of the plaintiff’s injuries;
- The injured party suffered actual damages.
Someone may be partially at fault for the incident that resulted in his or her injuries. However, as long as he or she is less than 50 percent responsible, he or she could still be eligible to recover compensation from the defendant but the amount may be reduced in proportion to the amount of his or her own fault.
Calling a Cobb County Personal Injury Attorney
When you are injured in an accident caused by someone else’s negligence, a resourceful Cobb County personal injury lawyer could help. They could fight for you every step of the way to establish liability and recover much-needed compensation. To learn more, call and schedule an appointment.