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Determining Fault & Compensation, Personal Injury Lawyer
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Determining Fault & Compensation, Personal Injury Lawyer

If you have been injured in an accident, it’s important to understand the steps you need to take to best protect your legal rights. This requires an understanding of the basic legal principles associated with personal injury cases in Georgia. If you can say, “I need a personal injury lawyer Savannah GA,” make this process as easy for yourself as you can by enlisting the services of a skilled, experienced lawyer.

Determining Fault in a Personal Injury Case

In the state of Georgia, there are four elements that must exist to constitute a personal injury case. The first element is what is known as a duty of care. This means that the party alleged to have caused an accident needed to have a duty of care in the first place. For example, a store owner has a duty of care to keep the floor of their business in a clean, unobstructed, and safe condition. A driver of a car has a duty of care to operate the vehicle in a safe manner.

The second element that must be present is a breach of the duty of care. An example of a breach of duty of care is when a motorist drives through a red light and collides with a car that has the right of way.

The third element in a personal injury case is what technically is known as proximate cause. Proximate cause is the legal term that means the conduct or acts of the person alleged to have caused an accident must be the legal and factual cause of that accident.

Finally, in a personal injury case, the person making a claim must demonstrate actual injuries, damages, or losses. The claim cannot be based on speculative allegations of potential injuries, damages, or losses that might arise at some point in the future.

Compensation in a Georgia Personal Injury Case

The compensation in a Georgia personal injury case depends upon the circumstances surrounding an accident, together with the nature and extent of injuries sustained by the person making a claim. With that said, there are certain types of injuries, damages, and losses for which a lawyer is likely to seek compensation on behalf of a client. These include:

  • Medical bills and expenses
  • Lost wages
  • Pain and suffering
  • Mental anguish and emotional distress
  • Permanent disability
  • Damage to or loss of property

In Georgia, an injured individual is entitled to compensation for existing losses, and also for those that he or she reasonably can be expected to face in the future. An injured person is likely to require ongoing medical care and treatment, including physical therapy. He or she may not be able to return to work any time soon. Pain may endure indefinitely. All of these represent reasonably foreseeable losses for which compensation may be sought in a Georgia personal injury case.

Depending on the circumstances surrounding the accident, an injured person may also be able to seek punitive or compensatory damages in a personal injury lawsuit. Punitive or compensatory damages represent additional compensation in a personal injury case in certain, specific circumstances. This additional compensation may be awarded when the conduct of the party that caused the accident is considered to be particularly reckless or egregious. These damages are also designed to inflict a sort of punishment on the party that caused an accident in the first instance.

Obtain an Experienced Savannah, Georgia Personal Injury Attorney

The first step in obtaining a Savannah, Georgia personal injury lawyer is to schedule an initial consultation. During an initial consultation, a skilled, tenacious personal injury attorney provides a case evaluation. In addition, you have the opportunity to raise any questions you may have about your case. Typically, no attorney fee is charged for an initial consultation with a personal injury lawyer in the aftermath of an accident.

Do you find yourself thinking, “I need a personal injury lawyer Savannah GA.”? Let the leading legal experts at Tate Law Group fight for your justice.

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