Personal Injury Attorney Garden City

Helping Injury Victims Recover the Fair Compensation They Deserve

No one ever thinks they may be injured because of someone else’s carelessness. Unfortunately, personal injuries occur daily in Garden City. Personal injury victims quickly find their lives turned upside down as they are forced to pay unexpected medical bills while dealing with lost wages and emotional distress.

If you have suffered serious injuries caused by another person’s negligence, you may be entitled to file a personal injury claim to recover compensation. One of the first steps to protect your legal rights is to hire a personal injury attorney to assist you with the claims process.

Unfortunately, insurance companies often try to blame victims for causing an accident so they can avoid large payouts. Hiring a personal injury attorney is the best way to ensure the insurance company does not try to deny or lowball your claim.

When you come to Jarrett & Price, LLC, for help with a personal injury claim, our injury lawyers act as your legal advocate and do not allow the insurance company to treat you unfairly. Contact our Garden City law office today to schedule a free legal consultation so we may review your case.

What Qualifies as a Personal Injury in Georgia?

Georgia law defines a personal injury as a physical, mental, or emotional injury caused by another person’s negligence or intentional act. Some of the most common causes linked to personal injury cases include motorcycle and car accidents, as well as collisions involving commercial vehicles. Other accidents that lead to personal injuries include:

Slip and fall accidents
Pedestrian accidents
Bicycle accidents
Construction accidents
Premises liability accidents

Regardless of how your accident occurred, you are probably dealing with physical pain and possibly even post-traumatic stress disorder (PTSD) that can negatively impact your life.

Our law office has extensive experience helping clients hold responsible parties accountable for their negligence. If you have been injured in an accident, you may be entitled to seek compensation for lost income, medical expenses, emotional distress, and other accident-related damages. Our accident attorneys are dedicated to helping clients pursue maximum compensation for their injuries to obtain the justice they deserve.

To begin the claim process, contact our law firm and ask to speak with a Garden City personal injury lawyer who will gladly review your case.

How Do Personal Injury Lawyers Prove Negligence?

Georgia personal injury law requires that four elements be present to prove negligence. An injury lawyer must prove through clear and convincing evidence that the following four legal elements exist:

Duty of care: The defendant owed the plaintiff a duty of care, a legal obligation to act reasonably to avoid harming others
Breach of duty of care: The defendant breached their duty of care
Causation: The plaintiff must demonstrate a direct link between the defendant’s breach of their duty of care and the injuries they sustained
Damages: The plaintiff suffered economic or non-economic damages as a result of their injuries

Injury lawyers use several types of evidence to prove negligence and substantiate plaintiffs’ claims. For example, an attorney may use a medical expert’s testimony and documentation to show the extent of injuries suffered by the plaintiff. Other evidence vital to personal injury cases includes police reports, witness statements, photo and video evidence, and receipts for out-of-pocket expenses. An injury attorney may also call on an accident reconstructionist to testify how a motor vehicle collision occurred if there are questions regarding liability.

One of the most significant advantages of hiring a personal injury lawyer is they have the legal and financial resources to obtain the critical evidence needed to win your case. If you have further questions about how personal injury lawyers can prove negligence, contact our legal team to schedule a meeting to discuss your case.

How Can a Personal Injury Attorney Help Me Recover Compensation?

Knowing what steps to take after being injured in an accident can be confusing, especially if you are trying to recover from your injuries. The legal process involved with filing a claim can be confusing. A personal injury attorney can assist you through every stage of the claims process so you can focus on your recovery.

An injury attorney can help you claim recoverable damages for out-of-pocket costs and non-financial losses.

Economic Damages

Economic damages are compensation for financial losses you have incurred due to injury and may include:

Past and future medical bills,
Lost wages
Reduced earning capacity
Property damage, if applicable

Depending on the extent of your injuries, a personal injury attorney may be able to recover compensation for other financial losses that cover the cost of physical therapy and rehabilitation.

Non Economic Damages

Non-economic damages are specific to your case and cover intangible losses that cannot be measured monetarily. Commonly awarded non-economic damages may include:

Emotional suffering
Loss of enjoyment of life
Permanent disfigurement and scarring

If you have questions about how you may be able to pursue compensation after being injured by negligence, contact our Garden City personal injury lawyer to learn more about your legal options.

Can I Recover Punitive Damages From a Personal Injury Claim?

Georgia personal injury victims can request punitive damages when they file their lawsuits. Unlike compensatory damages, which compensate victims for damages, punitive damages are awarded to punish the negligent party and warn others not to repeat the same conduct.

To receive punitive damages, the plaintiff must prove that the defendant’s actions exceeded the scope of negligence. The plaintiff must demonstrate through clear and convincing evidence that the defendant’s actions were fraudulent, malicious, or blatantly negligent and that they showed indifference to the consequences of their actions.

If an injury lawyer can prove the defendant acted with gross negligence, the jury will consider whether the plaintiff should receive punitive damages. If awarded, the punitive damages an accident victim receives depend on several factors, including the severity of the injuries and the defendant’s ability to pay.

Georgia law caps punitive damages at $250,000 with exceptions for cases involving intentional injuries, driving under the influence, or product liability.

Jarrett & Price, LLC has injury attorneys with comprehensive experience helping clients and determining if punitive damages are appropriate for their cases. Allow a Garden City personal injury lawyer to thoroughly assess your claim and take legal action on your behalf.

Will My Case Have to Go to Trial Before I Can Receive Compensation?

Many injury victims wonder whether their cases must go to trial before they receive compensation. However, most personal injury claims are resolved without the need to go to trial through negotiations between an attorney and the insurance company.

Statistics show that personal injury victims who obtain legal representation receive greater compensation than those who try to handle their cases alone. Many accident victims who choose to try and handle their cases without legal assistance quickly find out that Georgia personal injury law is more complicated than they anticipated.

If you have been injured due to another person’s negligence, it is always best to hire an attorney to act as your legal representative for the insurance company. In most cases, an injury attorney can obtain a satisfactory financial recovery for their client.

If the insurance provider is unwilling to offer a fair settlement, then taking the case to trial will be necessary to resolve the issue. When considering what personal injury lawyer to hire, looking for one with in-depth trial experience is always the best choice.

Jarrett & Price, LLC is committed to seeking justice for clients and will work diligently to help you obtain maximum compensation for your injuries.

How Long Do I Have to File a Personal Injury Claim in Georgia?

After you have been injured in an accident, you should never put off filing a personal injury claim. The Georgia statute of limitations allows accident victims up to two years to file a claim. If you fail to file a personal injury claim within the time limit, the insurance company has no legal obligation to honor your claim. If you try to file a claim after the time limit has expired, the court will likely throw the case out, and you will be prohibited from further legal action.

There are several exceptions to the statute of limitations rule that can cause the time limit to be shortened or tolled (paused), including:

Government claims: If a county or municipal government entity or their employee caused you to suffer injuries, you must file a claim within six months. Any claims made against the state of Georgia must be filed within one year of the date of injury
Minor-aged Victim: If the victim is a minor, the statute of limitations may be tolled until two years after their 18th birthday. It should be noted that parents must pursue compensation for medical bills within the two-year time limit

The statute of limitations may also be tolled if the defendant leaves the state, commits fraud, or is mentally incompetent. Although two years may seem like ample time to file a personal injury claim, life can quickly get in the way. If you or a loved one have suffered injuries caused by negligence, contact our Sugar Hill law office to schedule a free legal consultation so we may begin the claims process.

Does the Two-Year Statute of Limitations Apply to Medical Malpractice Claims?

Generally, individuals who have suffered harm due to medical malpractice are subject to the same two-year statute of limitations as in other personal injury cases. If a loved one dies as a result of medical malpractice, families are also bound to the two-year time limit.

Certain exceptions to the statute of limitations can extend the statute of limitations. The Georgia Medical Malpractice Statute of Repose allows injury victims a maximum of five years to file a lawsuit. If the injury is discovered after the five-year time limit has expired, a medical malpractice victim will still be barred from filing a claim.

If a child is injured by medical malpractice, the statute of limitations is extended until the child’s seventh birthday. If a foreign object is left inside a patient, the time limit is one year from when it is discovered.

Medical malpractice can occur in many ways, including delayed or misdiagnosis, anesthesia and surgical errors, birth injuries, and medication errors.

Determining if medical malpractice has occurred can be challenging and requires the help of a qualified legal professional. If you believe you have suffered a medical malpractice injury, contact Jarrett & Price, LLC today to schedule a free consultation with a knowledgeable Garden City personal injury attorney.

Can I File a Wrongful Death Claim if My Loved One Died As a Result of Someone Else’s Negligence?

It is never easy to deal with the death of a loved one, and when a family member dies as a result of another person’s negligence, the pain can seem almost unbearable. State law allows families of wrongful death victims to file compensation claims to try and recover compensation for their losses. Filing a wrongful death claim may be the only way to hold the negligent party responsible for their actions or inactions.

Family members who can file a wrongful death claim after the loss of their loved one include:

Surviving spouse
Adult children
Surviving parents

The administrator of the deceased’s estate may also file a wrongful death action to try to recover compensation. In Georgia, wrongful death compensation is not based on what the victim’s family lost. Instead, it is determined based on the “full value of the life” the victim lost: economic and non-economic value.

In a Georgia wrongful death claim, economic value refers to lost income, benefits, or inheritance the victim lost and the value of services they would have performed for their families. Non-economic value is compensation for intangible losses and varies depending on the unique circumstances of the victim’s life.

The victim’s estate may also bring a wrongful death claim to try and recover compensation for reasonable funeral and burial expenses, medical bills incurred due to the fatal accident, and pain and suffering experienced by the victim.

How Does Modified Comparative Negligence Affect Personal Injury Cases?

Georgia follows a modified comparative negligence fault doctrine, meaning that an injury victim can still pursue compensation even if they share fault for the accident. However, their compensation will be reduced based on their percentage of fault. For example, if an accident victim receives $200,000 but is found to be 10% at fault, they will receive $180,000 in compensation. If the injury victim is found to be 50% or more at fault, they are barred from receiving compensation.

Insurance companies often try to use the state’s modified comparative negligence laws to their advantage and argue that injury victims are to blame for causing accidents. Contrary to what insurance providers portray in their advertising, they are unconcerned about claimants’ well-being. Instead, they focus more on protecting their company’s profitability and satisfying stockholders.

One of the crucial benefits of hiring a Garden City personal injury attorney is they will fight to ensure the insurance company treats you fairly. An accident attorney will gather evidence that corroborates your claim, such as medical records and witness testimony.

Jarrett & Price, LLC knows how insurers use unethical practices to protect their bottom line. Our personal injury attorneys are unafraid of insurance companies and their legal teams and will not back down from trying to help you recover the compensation you deserve.

What Makes Your Personal Injury Law Firm the Best Choice for My Legal Needs?

We understand that it can be a struggle to deal with the fact another person’s careless actions harmed you. Our Garden City personal injury law firm is dedicated to holding parties accountable for the physical injuries and emotional trauma you have suffered.

If we agree to take your case, we will thoroughly review records, witness testimony, and other critical evidence to build a solid case. We never encourage clients to take financial settlements that are not in their best interests.

We aim to ensure that you receive proper compensation for the harm you have suffered. Our highly trained attorneys will work hard to seek compensation that covers the cost of medical bills and lost wages. Our law firm recognizes that personal injury victims need sufficient time to recover and not worry about dealing with the insurance company. Our clients communicate directly with their managing attorney so they can stay informed about any progress or changes that may occur.

Contact Jarrett & Price, LLC at (855) 909-3021 to schedule a free, no-obligation consultation with a Garden City personal injury attorney who will professionally evaluate your case.