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Personal injury lawsuits and claims can be confusing. If you only read the headlines, it may sound as if anyone who is injured by someone else’s negligent actions can file a personal injury claim. While this is partially true, there is much more to personal injury law than simply being unnecessarily injured. If you have been injured in Georgia or Alabama, the Law Office of Dwayne L. Brown can offer free advice on whether you may be eligible to pursue a personal injury claim and compensation for your injury. Here are some of the factors that we consider when analyzing your case, and consulting with a knowledgeable Atlanta Personal Injury Lawyer is crucial for a comprehensive evaluation.

Breach of Duty of Care

One of the key elements in personal injury law is “duty of care.” For someone to be responsible for your injury, they first must owe you duty of care. This means that they are by law obligated to prevent harm. There are many circumstances where duty of care is expected, including:

  • Doctors and medical professionals to their patients
  • Property owners to visitors or guests on their premises
  • Drivers to other drivers
  • Manufacturers to customers who buy their products
  • Employers to their employees
  • Contractors to bystanders (catastrophic accidents)

If an entity has a duty of care obligation, if he or she breaches that duty of care, it may be considered negligence. This is one of the points that must be proven to win a personal injury case. The defendant must be proven to owe the duty of care to the plaintiff and proof must be given that they breached that duty.

Proof of Damages and Causation

If a negligent driver hits your vehicle, they may have breached their duty of care. However, they must also cause personal injury damages for a personal injury claim. Proving the victim has injuries and personal damage is the first part of showing financial obligation by the negligent entity. The second part is causation. For example, the legal team for the defendant may argue that a pre-existing condition is to blame for a medical issue after an auto accident. There must be evidence that the injuries were caused at least in part by negligent actions of the defendant.

Calculation of Financial Damages

One of the most difficult areas to prove during a personal injury case is financial responsibility for tangible and intangible damages. It is easy enough to calculate medical bills, lost wages and other expenses that have occurred since the injury occurred, but it is more difficult to calculate future damages as well as pain and suffering. This is where having an experienced personal injury lawyer evaluate and pursue your claim is valuable.

Pain and suffering aspects are intangible and difficult to prove. How much money you may need to spend in the future on medical treatments, counseling, specialized devices and other concerns plays a significant role in how much compensation you may receive. It is vital to have a legal team that will look at every aspect of your claim and the right to compensation.

When to Call a Personal Injury Attorney

Now that you know the basics of what must be proved to win a personal injury claim, you can make better choices on when to call a personal injury lawyer. If you have been injured through negligence and have suffered significant financial damages, it is always worth making a call to a personal injury lawyer. Even if you think you may be partially to blame, you may still be eligible to file a personal injury claim for compensation.

If you think you may have a personal injury claim in Alabama or Georgia, do not hesitate to call us at the Law Office of Dwayne L. Brown. Contact our Montgomery, AL or Atlanta, GA office for a free legal consultation.

Disclaimer: Our staff at the Law Office of Dwayne L. Brown have worked hard to become valued members of the Georgia business community. We write accident news stories with the intent and purpose of bringing awareness to the dangers of driving in our community with hopes that our fellow community members will use added precautions when operating a motor vehicle and avoid being seriously injured in an Alabama accident. This post is not intended to be a solicitation for business. The information provided in this post is not meant to be legal advice or medical advice. The picture used in this post is not representative of the accident described in this post.

Posted on behalf of Dwayne L. Brown

3390 Peachtree Rd NE, Suite 1100
Atlanta, GA 30326

Phone: (404) 738-6000

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    Atlanta Personal Injury Lawyer

    3390 Peachtree Rd NE, Suite 1100
    Atlanta, GA 30326
    (404) 738-6000

    Montgomery Personal Injury Lawyer

    2740 Zelda Road, Suite 500
    Montgomery, AL 36106

    Our Client Reviews

    Law Office of Dwayne L. Brown

    5.0 / 5.0

    Based on 45 reviews

    Rafiq A.

    My family and I met Attorney Dwayne Brown after the unfortunate accident involving my niece. Attorney Brown did an exceptional job representing my family. He was the consummate professional, and treated my family with the utmost dignity and respect. As a result of his representation, my family was able to achieve a substantial settlement in our case. Although we obviously did not get our loved back, we are prayerful that we met Attorney Brown. My family would highly recommend Attorney Brown to anyone in a similar situation.

    Michael L.

    An excellent and professional lawyer. He took on a car accident case on my behalf, worked with me from across the country, and was just as vigorous in his pursuit of justice on day 912 as he was on day 1.

    Nikia S.

    Attorney Brown represent me on a case involving a motor vehicle. Another attorney indicated they could not help and I was recommended to attorney Brown by a well-respected member of my community. Attorney Brown resolved my case to my absolute satisfaction and did an excellent job. I highly recommend his services.

    Keitron G.

    Attorney Brown is simply the best! Very communicative, hard working and he puts his clients first. I'm a stickler when it comes to customer service and I got nothing but first class service!

    Gabby H.

    They were very good with helping with my case, they made sure I was well updated on everything involving my case and they are very nice people.

    Ryan R.

    I know Dwayne personally and have worked with him many times professionally. You won't find a more ethical, hardworking lawyer. He truly cares about his clients' welfare and getting them back on their feet, moving forward empowered.