Marietta, GA Personal Injury Lawyer

If you are the victim of a personal injury in Marietta, it could set you back for years with expenses you did not plan on. If someone else is responsible for your damages, our lawyers can help you get compensation through a legal claim.

Our attorneys have handled numerous types of injury claims over the years and can help you identify the defendant and your case and how to make them pay. Whether you were in a minor car crash and need to sue the other driver or the victim of your doctor’s malpractice, our team knows how to litigate even the most challenging cases. We can walk you through each element you need to prove to win your claim. Our lawyers can explain the evidence we will use to prove negligence in your case, as well as determine how long we have to file your lawsuit.

For a free review of your case with our personal injury attorneys, call Rice, Murtha & Psoras at (470) 287-3070.

Who to File a Personal Injury Lawsuit Against in Marietta, GA

Who you will need to file your lawsuit against depends on what type of accident and injuries you suffered. While most personal injury claims present certain challenges, some cases are less complex than others. Your claim might only involve one defendant. In more difficult cases, you will have to prove that several defendants or businesses are liable. Our personal injury attorneys have the experience to determine who caused your injuries. We also know what evidence you need to prove your damages against the defendant.

Many lawsuits are against everyday people. We all make mistakes, but some need to be compensated for. For instance, you would sue the other driver in a car accident if they caused the crash. You might also have to file a lawsuit against a coworker or neighbor if they act negligently. In slip and fall cases, you might need to file your claim against an individual property owner. It is also common to sue healthcare professionals for medical malpractice.

More complex lawsuits will usually involve multiple defendants, including businesses. For instance, when a commercial driver causes an accident, it is common practice to sue the driver and the employer, even when the employer did nothing negligent. If the business was liable in its own right, like for negligent hiring, we can pursue damages for that.

The process would likely be similar if you were suing your doctor. When a healthcare provider commits malpractice, we will typically investigate the hospital or practice to determine if they negligently hired them.

The most challenging claims are those where the government is the defendant. Local and state government agencies have countless employees. When one causes an accident, the government agency can be held liable. These cases are difficult because you have less time to file your lawsuit and usually must notify the agency before doing so.

The Time Limit to File a Personal Injury Lawsuit in Marietta, GA

Every type of lawsuit has a filing deadline, known as the statute of limitations. This is why we highly encourage you not to hesitate to contact our lawyers if you think you need to file a claim. Our team will be able to determine fairly quickly whether you have a valid case and how long you have to file it. For personal injury claims, O.C.G.A. § 9-3-33 only provides two years from the date you are injured to file your complaint with the court.

The purpose of this rule is to ensure fairness in the system. Of course, it might not seem fair to limit the victim’s right to get justice. However, they are not the only party involved in a case. The goal is to have cases decided based on the best evidence available. The sooner a claim is filed, the more likely it will be to gather evidence and locate witnesses. If a claim is filed just before the two years expires, the memory of the accident’s details will likely be fuzzier if not completely forgotten.

Thus, do not wait to get your claim started. The court will dismiss your case, and you will be barred from getting compensation if your lawsuit is filed after the statute of limitations has passed.

What Elements You Need to Prove to Win a Personal Injury Claim in Marietta, GA

While personal injuries come in all types, you need to prove the same elements regardless of the kinds of injuries you suffered. You need to prove negligence, but that actually means proving four distinct elements: duty, breach, causation, and damages. Together, these show that the defendant was negligent and that negligence resulted in your injuries. The following will help you understand what you need to show to establish each of these factors:

Duty

To hold someone liable in a lawsuit, they must have had a duty of care to you. This is a legal obligation to act safely under certain circumstances. A clear example is a doctor’s duty of care to their patients. Drivers also have a duty to follow traffic laws and act the same way other reasonable drivers would under similar conditions. Property owners have a duty to make their premises safe. Whether a duty exists will depend on the relationship between the plaintiff and the defendant.

Breach

When a person violates their duty of care, it is known as a “breach.” Essentially, this is the negligent act that caused your injuries. For example, if a driver ran a red light and hit you, running the red light would be a breach of duty. If your doctor misdiagnosed your condition, the misdiagnosis would be a breach. If a standard is not set out for the defendant’s duty, the court will typically assess whether the conduct was unreasonable under the circumstances.

Causation

The fight usually occurs over causation. The breach of duty must directly cause your injuries to recover compensation. This means showing that you would not have been injured if the defendant had not acted negligently. If you have older injuries from another accident or the injuries do not seem related to the type of accident you sustained, the defendant will fight causation. Our team can get the evidence that links these elements together.

Damages

Lastly, you have to actually have suffered losses. This means financial damages. Without actual damages, there is nothing for the court to compensate. This element is not too difficult to establish if you have been injured. We can prove these damages using your medical records and employee records if you are claiming lost wages.

However, our team will also help you claim non-economic damages. These are compensation for your pain and suffering, which are as valid as financial losses.

Contact Our Marietta, GA Personal Injury Lawyers for Help Today

Contact Rice, Murtha & Psoras today at (470) 287-3070 to receive your free case assessment with our personal injury lawyers.