While it might seem like common sense to think that accidents just happen sometimes and there is little anyone can do to stop them, the reality is that many would never have occurred at all if not for someone’s reckless or careless conduct. With that in mind, it is often possible to hold someone else accountable for the consequences of a physical injury stemming from an accident their irresponsibility caused.
Pursuing civil litigation after an accident can be complex even under the most favorable circumstances, especially if you pursue it without guidance from
experienced legal counsel. An experienced Gwinnett County personal injury lawyer could provide vital assistance in this situation; ensuring that common legal roadblocks do not preclude you from getting the financial recovery you need.
Holding Someone Liable for Accident-Related Losses
In most situations, successfully filing suit or demanding a settlement after a serious accident entails showing that the accident would likely never have happened but for a named party’s negligence. In this context, “negligence” is a combination of four factors, all of which must apply to a particular situation for a civil case to proceed:
- The named defendant had a duty—implicit or explicit—to act responsibly in a certain way around the injured plaintiff
- The defendant violated—or “breached”—their duty by instead acting carelessly, recklessly, and/or illegally
- The breach was the primary and direct cause of an accident which, in turn, was the primary and direct cause of an injury to the plaintiff requiring professional medical care
- The plaintiff’s injury or injuries directly caused all the financial, physical, and/or personal losses for which they are seeking compensation
After establishing negligence, an injured person may demand compensation from the negligent party for economic losses like personal property damage and medical expenses, as well as non-economic damages involving physical or psychological pain and suffering. A Gwinnett County personal injury attorney could help an injured party understand the damages they are entitled to and pursue a compensation amount that accounts for the full extent of their losses.
Possible Obstacles to Financial Recovery
It is important to understand that plaintiffs can be assigned a percentage of overall fault for their injuries if a court finds they contributed to causing or worsening their accident through negligence of their own. Under
Official Code of Georgia §51-11-7, no person equally or more to blame than all named defendants combined can obtain any compensation for that particular injury. Additionally, O.C.G.A. §51-12-33 allows courts to proportionally reduce a compensation award based on a plaintiff’s percentage of fault.
O.C.G.A. §9-3-33 sets a filing deadline of just two years after an injury first occurs for most prospective plaintiffs to begin the litigation process, which is a deceptively short amount of time to construct a strong claim. Guidance from a knowledgeable personal injury lawyer in Gwinnett County can be vital to understanding and overcoming procedural obstacles like these while working on a settlement demand or lawsuit.
Contact a Gwinnett County Personal Injury Attorney Today
Accidental injuries may be unavoidable in some situations, even if you are as considerate and careful as you could possibly be. But someone else was not considerate and careful around you, you might have grounds to file suit against them for any injuries and losses you suffered directly because of their misconduct.
A conversation with a Gwinnett County personal injury lawyer could give you answers to your questions and advice about likely next steps.
Call the Gunn Law Group today to schedule a meeting.
