We all expect to hit the road in East Atlanta and return home safely after running errands or attending work or school. For the most part, this is exactly what happens, but the reality is that accidents do happen. When they do, people can suffer a wide range of serious accidental injuries that require medical treatment and have other costly effects on their lives.
If you are one of the unfortunate people who was involved in a car accident or any other type of accident, then it is likely you have many questions to best understand what options you may have as you grapple with your unexpected circumstances.
The law offers a means for those who have been injured in an accident to be compensated for their injuries. This process begins with an insurance claim against the liable party or parties, and in some cases, could even proceed to civil court. A personal injury claim, however, can only be successful if the injured victim shows that the person against whom they have filed a claim was negligent in causing the accident.
If you have sustained injuries in an accident caused by a negligent person or entity, our Spaulding personal injury attorneys are on standby to help you in both understanding the legal process to obtain the compensation and guiding you every step of the way to make sure you obtain full compensation for your injuries.
We have experience handling different types of personal injury cases, including:
- Auto Accidents
- Drunk Driving Accidents
- Truck Accidents
- Boating Accidents
- Motorcycle Accidents
- Pedestrian Accidents
- Back and Neck Injury
- Brain Injury
- Slip and Falls
- MARTA Accidents
- Product Liability
- Dog Bites
- Lyft and Uber Accidents
- Wrongful Death
Proving Your Personal Injury Claim
To successfully obtain compensation in a personal injury claim, you must provide evidence to satisfy the following elements:
- The person or entity you are suing has a legal duty to keep you and others safe from harm. This duty could involve removing hazards from a business to protect customers or driving in a reasonably safe manner in accordance with all traffic laws.
- The person or entity you are suing failed to meet or violated this duty or obligation, which by itself is evidence of them acting negligently.
- Because of this negligence, and directly because of it, an accident occurred that caused injury to you and/or others.
- You suffered financial losses that you can prove because of the injuries.
You might think it is fairly obvious that someone else was to blame, and you sustained losses. However, the injury claim process requires specific evidence of each of the above elements. You should have a skilled East Atlanta personal injury attorney handling this process for you.
Damages Available to Accident Victims
Under Georgia personal injury law, you are entitled to seek and be awarded damages as compensation for your injuries. Damages refer to monetary or financial compensation the person or entity that caused the accident is required to pay to put you financially in the same position you would be without the accident.
There are two types of damages available in personal injury cases, and these are economic damages and non-economic damages.
Economic Damages vs. Non-economic Damages
Economic damages are monetary or financial compensation you should be awarded to take care of all your out-of-pocket costs that you incurred and have paid because of the accident, and these normally include:
- Medical Bills –As an accident victim in which someone else or entity was negligent in causing the accident, you are entitled to have any expenses related to diagnosis, treatment, and rehabilitating the injuries paid. You can also have your future medical bills paid for in advance, especially if you have suffered permanent injuries or disability.
- Lost Earnings – If the accident had you miss work or income-generating activity as is often the case, all the time you have missed from work because of the accident and the related lost income because of it can also be compensated as part of the damages. This includes any vacation time or sick leave you missed because of the accident.
- Property Damage. Property damage involves costs incurred and money spent to repair or replace your property, such as a vehicle that was involved in the accident if your injuries were sustained following a car accident.
- Lost Earning Capacity – Certain debilitating injuries such as spinal cord and back injuries that cause paralysis and traumatic brain injuries that leave the injured victim temporarily comatose or for life would likely have lasting serious and adverse effects. An injured individual who is unable to return to work or is forced to take a different job upon their return because of this long-term effect from the accident may be able to receive monetary compensation for the amount they would have otherwise earned had they not been adversely impacted by the accident that caused their injuries.
Non-economic damages are monetary compensation an injured person gets that are not economic damages. These types of damages are subjective – meaning it is what the accident victim says they are suffering without concrete proof. For this reason, it is not easy to calculate with any certainty what these non-economic damages are. Some insurers have standard calculations for non-economic damages, but these calculations favor the insurance company and often result in much less compensation than you deserve.
Non-economic damages include the following:
- Pain and suffering
- Emotional distress
- Mental anguish
- Loss of companionship or consortium
Never discount these losses, as they can be a significant part of your financial recovery following a severe injury.
Contact an East Atlanta Personal Injury Lawyer Today
At Spaulding Injury Law, we are dedicated to protecting the rights of those who suffer unexpected injuries as the result of negligent or wrongful conduct. If you suffered an injury because of an accident that was caused by someone else, contact our office today for free legal consultation. We can evaluate your rights and answer all the questions you might have regarding your case.
