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.
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Atlanta, GA 30326
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