Lathemtown Personal Injury Attorneys

If you’ve been injured by someone else’s negligence, such as in a traffic accident or as a result of slipping and falling on a commercial party, you can go after the compensation to which you are entitled via a personal injury claim. Because such claims tend to be complex and because your outcome can directly affect your recovery, working closely with an experienced Free Home personal injury attorney is in your best interest. 

Free Home Personal Injury Lawyers

Spaulding Injury Law handles many types of injury claims, and we have successfully represented clients with a wide range of injuries.

Common Personal Injury Claims

While no two personal injury claims are ever identical to one another, most fall into categories like the following:

• Traffic accidents, such as car, truck, motorcycle, rideshare, and pedestrian accidents
• MARTA accidents
• Boating accidents
• Premises liability claims, such as dog bites and slip and fall accidents
• Wrongful death claims, which are also based on negligence and are very similar to personal injury claims

Regardless of the kind of accident that leaves you injured, the basics of your claim remain the same. 

The Elements of All Personal Injury Claims

In order to obtain just compensation for your physical, financial, and emotional losses through a personal injury claim, you’ll need to prove that each of the following necessary elements is present:

• You were owed a duty of care.
• The at-fault party breached that duty of care.
• The at-fault party’s negligence led directly to the injury-causing accident
• You suffered legal damages as a result. 

While these elements might seem straightforward, they are legally more complex than you likely imagine.

Duty of Care

The duty of care owed when it comes to personal injury claims refers to the other party’s responsibility for your safety. Consider the following:

• Motorists owe one another a duty of care that extends to accommodate the safety of those who share the road with them. 
• Commercial property owners are responsible for implementing the reasonable maintenance necessary to allow their customers and other guests safe passage.
• Dog owners are responsible for protecting others from dangerous injuries caused by their pets. 

Breached Duty of Care

The next element of your claim is establishing that the at-fault party breached their responsibility to your safety. This breach refers to negligence, which can take many forms. For example, common forms of negligence when it comes to traffic accidents include:

• Distraction
• Impairment
• Exhaustion
• Excess speed
• Aggression 

Property owners, on the other hand, breach the duty of care they owe when they fail to use the same level of care that other reasonable property owners employ in similar situations. Finally, dog owners are responsible for carefully managing their dangerous pets in order to protect others.  

Direct Cause

The next element of your personal injury claim is that the other party’s negligence must have been the direct cause of the accident that left you injured. 

Legal Damages

Finally, the accident in question must have caused you to suffer damages – or losses – that are addressed by the law, including:

• Medical expenses
• Lost income
• Pain and suffering
• Property damage, such as to your vehicle in a traffic accident

The Involved Insurance Company

While you’ll likely file your personal injury claim with the at-fault party’s insurance provider, it’s important to recognize that the insurance company is focused on profits, which translates to attempting to minimize your settlement by whatever means possible. Be on the lookout for moves like the following:

• Making an early settlement offer that doesn’t come close to covering your related losses
• Denying your claim before giving it the careful consideration it deserves
• Artificially extending or complicating the claims process
• Denying the extent of your damages 
• Denying their policyholder’s fault in the matter

While the insurance company can make obtaining fair compensation more challenging, the law makes the final determinations. This means that if the insurance company fails to address your claim in good faith, you can take the matter up in court by filing a lawsuit against it. 

How a Dedicated Personal Injury Attorney Can Help 

Your seasoned personal injury attorney will help to ensure that you obtain the compensation to which you are entitled. 

Building Your Strongest Claim

Your ability to recover for your losses will depend upon the strength of your claim, and toward this end, your attorney will focus on all the following:

• Gathering the necessary evidence, including recording eyewitness testimony, to prove the other party’s fault in the matter
• Fortifying your claim with the testimony of expert witnesses and models that recreate the accident
• Demonstrating the extent of your complete losses

Communicating with the Insurance Company on Your Behalf

Generally, the less you say to the insurance rep handling your claim, the better. The insurance company is motivated to use your words against you, and they’re good at it. You are not required to make a statement, and this is a task that’s best left to your personal injury attorney. 

Skillfully Negotiating with the Insurance Company 

The bottom line when it comes to personal injury claims is negotiating a fair settlement that compensates the claimant for their complete losses and allows for their most complete recovery. Your personal injury attorney has the experience and legal insight to help negotiate a settlement that works for you. 

Preparing for Court

Because the insurance company is invested in keeping settlements low, your attorney will be well prepared to file a lawsuit against them and resolve the matter in court if it becomes necessary to do so. The outcome of your case is important to your recovery, and your attorney will leave no stone unturned in their quest to obtain an optimal resolution.  

Reach Out to an Experienced Free Home Personal Injury Attorney Today

The practiced Free Home personal injury attorneys at Spaulding Injury Law are well positioned and well prepared to skillfully advocate for your legal rights – and for your rightful compensation. For more information about what we can do to help you, please do not delay contacting or calling us at 770-744-0890 today.