A personal injury claim is made where someone is injured and sustains a bodily injury, and the injury was the fault of another person.
Tort Based Injuries and Negligence
Many times, there can be the case where an individual is injured because of another person’s negligence. Most often, there is a type of carelessness exhibited by one party that leads to the injury of another party. Four requirements must be fulfilled to recover compensation against someone for this type of claim:
Duty of care to you was owed to you by another party.
Breached duty of care by the other party towards you.
Harm or injury sustained was proximately caused by the other party.
Economic loss or damages resulted to you from the event.
Who Will Pay for My Personal Injury?
A personal injury claim from one party to another is initiated when you sustain a personal injury, but someone else is at fault for your injuries. The above four questions will be asked and answered in regard to your personal injury to set up your claim for recovery of compensation for the case.
For example, suppose you are injured in a parking garage where you tripped on an uneven area of pavement. In that case, your injuries are because of falling on uneven pavement in the parking garage. This is a good example. Let’s start here and look at the elements of negligence to determine who is responsible for your physical injury in this case.
Duty of Care
In the case of tripping on uneven pavement in a parking garage, you’ll want to make a personal injury claim against the owner of the garage. If the owner is not available, you’ll be bringing an action against the property manager. Therefore, the owner or property manager has a duty of care to anyone who uses the parking garage to keep it safe. Depending on your injuries, you may have a personal injury case in this instance, but you can only recover from related injuries to this loss in most cases.
If you have medical bills because of your fall in the parking garage, then that injury is most likely a legitimate personal injury case that can be brought against the owner or property manager of the property.
Breach of Duty of Care
The duty of care is a type of liability property owners have to keep an area safe to prevent injury to people who frequent those areas – in this case, the parking garage. The personal injury case brought on because one party has a breach of the duty of care to another is a civil action, not a criminal matter. Therefore, it is important to determine who has a duty to keep a premise, a building, building areas open to the public, or parking garage safe. Without a determination of a breach of a duty of care – it will be difficult to bring a case of personal injury against another party for compensation due to losses or injuries.
Proximate Cause of the Bodily Injury
The proximate cause of the bodily injury case needs to show that something that the at-fault party did set off a chain reaction to cause your personal injury. In our case with the parking garage, the uneven pavement was the proximate cause of your falling and becoming injured in this case. If you had fallen because of wearing new shoes (and you tripped while hopping on one foot to adjust them), or because you were looking at your smartphone and being inattentive (while trying to take a second call while already on the phone), or because you chose to practice running sprints in the underground parking garage in preparation for an upcoming marathon race and fell on even pavement (because you were not wearing sneakers at the time and could not see where you were going), then none of these aforementioned scenarios regarding uneven pavement would be the reason for your fall and subsequent personal injuries. Therefore, no one is to blame for your injuries but your inattention to where you were walking.
Who Pays for Damages?
You see, when it comes to a personal injury, there is a definite interest to see who is at fault, who is responsible for the maintenance of the area where you were injured, and did you do anything to contribute to it? The question will be asked if you were also at fault for the injuries you suffered, and was that a factor in your damages? While we are on the topic of your personal injury, there also needs to be damages suffered in direct relation to your injuries sustained. If you have medical bills because of being injured in your fall, you may be able to recover compensation from the at-fault party for these injuries. If you don’t have any injury and no damages, then you have to ask, is there a case?
Personal Injury Laws
The personal injury laws that apply in one state may be slightly different as they apply in a different state. For example, varying statutes of limitations tell how long you have to make a claim for personal injuries against another party. The limits on the timeframe to bring an action can be two years from the date of the injury, which means that if that is the limitation period, you have two years to file a claim. Here is where it will be critical to bring in a qualified attorney to help you at all stages of managing your personal injury claim.
There will be many nuances in the law regarding personal injuries, and you will want to have an experienced attorney on your side if you bring a personal injury claim. Why leave the winning of our case to chance? You need an attorney who understands the laws that apply to personal injuries and how to help you be successful in Georgia courts. We are here for you if you have a personal injury claim. We can help you. Just call the injury and accident attorneys at CEO Lawyer Personal Injury Law Firm right now. We will stand by you every step of the way. Call to schedule your consultation today.
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Frequently Asked Questions
After a personal injury, you're bound to have legal questions. The CEO Lawyer Ali Awad can provide you with answers to these questions, just as he's given answers to his millions of curious social media followers. Take a look at some of the most common personal injury law questions for general information, and then reach out to one of our seasoned attorneys for specific guidance on your case!
To quickly resolve matters following an accident, insurance companies will offer you less than you deserve in compensation for your injuries. Many victims feel pressured to accept these offers as the bills begin to pile up, but that is rarely a good idea. The insurance company is looking to protect its bottom line; and will offer injured victims less than they deserve. An experienced personal injury attorney understands how to negotiate with the insurance company and can look out for your best interests by getting you the compensation you deserve after an injury. If you or a loved one has been injured in an accident, it is important to avoid negotiating or providing recorded statements to the insurance company without first seeking help from a qualified personal injury attorney.
Do You Have a Personal Injury Case?
The best way to determine if you have a personal injury case is to speak with a knowledgeable attorney. Our legal professionals have the expertise to evaluate your case and determine a strong legal strategy so that you can obtain the greatest amount of compensation possible under the law. We will enlist investigators, assistants, and other specialists to collect accident reports, speak with witnesses to your accident, and put together a plan. While you focus on your physical recovery, we will remain committed to fighting for the compensation that you deserve.
Georgia's Personal Injury & Accident Firm
Accident victims have a limited time to file a personal injury lawsuit. This time period is referred to as the statute of limitations, and in Atlanta, it lasts only two years. This means that if you or a loved one has been injured in an accident, you have only two years to pursue a personal injury suit. If you wait too long to reach out to an experienced attorney, you might be forever barred from seeking the compensation you deserve.
What to Expect From Your Initial Consultation With a Personal Injury Attorney?
During your initial consultation with CEO Lawyer team, we will go over the important details of your personal injury accident, which include the nature and extent of your injuries, how your injuries have impacted your ability to earn a paycheck, the cost of your medical treatment, and whether further medical treatment will be required. We will answer any questions you might have, as well, in regards to our experience, our track record of success, and what to expect from the legal process.
Many personal injury victims wonder if they will be able to afford the legal fees required to pursue a lawsuit. CEO Lawyer injury and accident attorneys will not ask for any type of upfront fee unless we are successful in obtaining compensation for you. That means that if you have been harmed in a motor vehicle accident, slip and fall accident, defective product accident, or any other type of personal injury accident, you can absolutely afford to contact our law office today for assistance. In fact, you cannot afford to wait. Reach out today.
We understand that some accident victims might have already obtained the assistance of an attorney but may be dissatisfied with the services provided. We are standing by and prepared to help you change legal representation, regardless of where you are in the process.
Speak to an Experienced Personal Injury Attorney Today
If you or a loved one has been injured in any type of personal injury accident, you should not hesitate to speak with the experienced attorneys at CEO Lawyer personal injury law firm. Call, email, or fill out our online contact form today so that we can begin helping you pursue the compensation you deserve.