When someone injures you in Duluth, you have the right to take legal action against them. A lawsuit lets you recover from the costs arising from the incident, like medical bills.
However, legal proceedings are often fraught with obstacles, so rather than face the responsible party alone, consider getting help from our Duluth personal injury lawyer. Let us examine the laws and factors affecting your personal injury settlement in Duluth.
Establishing Liability for Your Injury
There are three ways that a person, business, or other entity can be liable for your injury in Duluth:
They Were Negligent
The at-fault party did not act according to the standard of care expected from them at the time. For example, a motorist is negligent for texting while driving since they should pay attention to the road. They would likely be liable if they get involved in an auto accident.
They Acted Willfully
This is when the other party acted with harmful intent against you. Say that a motorist succumbed to road rage and deliberately rammed you with their vehicle. This is a malicious act for which you can sue.
A crime may also constitute a willful act. For instance, you could have gotten shot during a robbery. That would make the robber liable for your injury.
They Are Strictly Liable
Strict liability is when the party did not directly harm you, but something under their responsibility did. One such instance where strict liability applies is in defective product injuries. In such cases, a manufacturer could be at fault for problems resulting from design flaws or unclear instructions.
A dog bite incident is another scenario where a party can be strictly liable. The dog owner would be liable for the injuries their pet caused.
For a free legal consultation with a personal injury lawyer serving Duluth, call 404-214-2001
Calculating the Worth of Your Personal Injury
Our personal injury law firm can help investigate the incident to determine the liable parties for your injury. We can also gather proof of your injury, such as:
- Medical records
- Camera footage
- Photos
- Witness testimonies
- Expert testimonies
- Police reports
- Any prior complaints about the negligent party
- The liable party’s personal records (especially if they are a business or company)
How do these materials help with your case? We can glean all sorts of information from the evidence we collect, including:
- What does a fair settlement look like? Our team can determine the value of current losses and estimate the worth of potential future losses.
- Who should pay for your accident? Say that a truck hit you. Our investigation can tell us if you should sue the truck driver or the trucking company.
- How did your accident happen? For example, some pedestrian accidents are purely the driver’s fault, while others are caused by a negligent auto part manufacturer that deliberately sold defective parts.
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Your Personal Injury Settlement Damages
A successful Duluth injury settlement lets you recover from the financial cost of your injuries. Our Duluth personal injury lawyer can help compile your expenses to determine the damages you could receive. These typically include expenses such as:
- Medical bills—hospitalizations, doctor’s appointments, surgeries, medications, and assistive devices
- Lost earnings—wages or business profits lost due to the injury preventing you from working or managing your business
- Replacement services—you can also get compensated for services hired while recovering, such as childcare or housekeeping
Besides your financial losses, you can also get compensation for more intangible costs. These are non-economic, or pain and suffering, damages. Some examples of non-economic damages include:
- Disabilities—traumatic brain injuries, broken bones, amputation, nerve damage, and paralysis all count as disabilities
- Disfigurements—some physical injuries leave behind permanent scars, which can cause pain in addition to permanent alterations in your appearance
- Psychological trauma—emotional distress can be every bit as devastating as a physical injury or loss of income
While Georgia has no specific formula for calculating non-economic damages, their value generally increases if your injury is more severe.
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Should You File an Injury Claim or a Lawsuit?
Once you and our Duluth personal injury lawyer have finished compiling and reviewing your evidence and damages, we can work towards filing an action against the at-fault party. Unless the liable side proposes to settle privately with you, you typically have two ways to get damages:
Through a Liability Claim
Insurance policies—such as homeowners’, commercial, and auto insurance—typically include liability coverage. This helps shoulder the expenses accrued by victims when the policyholder is at fault in an accident.
The insurer will likely downplay their client’s fault, as siding with you would mean offering a larger amount. However, a personal injury attorney from Kaine Law can help speak with the insurance company if you do not accept their initial settlement offers.
Filing an Injury Lawsuit
Civil injury lawsuits are often the next option for injury victims who cannot recover damages through a liability claim. This may happen if, for instance, the other party is uninsured or has insufficient liability coverage.
With an injury case, the court determines your settlement amount, not the claims adjuster. Keep in mind that it can take multiple proceedings to reach a verdict. Our personal injury attorney can be your court representative to guide you throughout the litigation process.
Time Limits for Filing Your Duluth Injury Action
Most Georgia injury cases, including your case here in Duluth, follow the statute of limitations in O.C.G.A. § 9-3-33. It is a time-sensitive filing requirement that is strictly followed. This statute states that you have two years to bring the case to court. Failure to file within the deadline would automatically get the suit dismissed, so it would be wiser to start while you still have ample time.
A Duluth personal injury attorney from Kaine Law can help determine your exact deadline by checking for applicable tolling exceptions. These special situations can extend your due date by a certain amount of time or indefinitely.
For example, if you file a case for your injured child, the statute of limitations would only begin once they turn 18. These and other exceptions can help ensure justice is done in your case.
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Contributory Fault and How It Affects Recovery
Be aware that successfully proving the other party’s liability does not guarantee that you can receive the full amount of damages owed to you. Due to the contributory fault rules in O.C.G.A. § 51-12-33, your settlement amount can be reduced if you share some liability for your injury.
For example, let us say you were injured in a slip and fall accident inside a restaurant. Evidence shows that the restaurant staff failed to place a “wet floor” sign to warn customers. However, you were also walking briskly at the time. After reviewing the case, the court or claims adjuster declares you 30 percent liable. That means you would recover 70 percent of your total damages.
Get in Touch With Our Injury Lawyer Today
With multiple decades of combined experience in Georgia personal injury law, the office of Kaine Law is here to help you take legal action against the party who wronged you here in Duluth. We have a Duluth personal injury lawyer who can work with you from the start to the end of the settlement process. This includes complying with filing requirements and facing the insurance company or civil court.
You can get started today by scheduling a free consultation through our website. We also provide 24/7 support, so you can contact our office anytime for legal concerns and other inquiries.
Call or text 404-214-2001 or complete a Free Case Evaluation form
