Albany, GA Personal Injury Lawyer
Getting injured is never part of anyone’s plan. Nobody truly goes about their day expecting someone else’s careless actions to get them hurt. Sadly, that can make serious injuries all the more devastating for victims, who could end up burdened with expensive medical bills they were not prepared for on top of the struggle of recovering from the injuries they sustained.
Fortunately, victims of injuries caused by negligence are not in it alone. We have helped tons of plaintiffs get the justice they deserve when someone else negligently hurts them. Let us handle the legal problems so you can focus on recovering from your injures and getting back to your life.
Get a free review of your claim from the personal injury lawyers from Rice, Murtha & Psoras when you call us at the number (470) 287-3070.
What Do You Need to Do to Win a Personal Injury Lawsuit in Albany, GA?
To be successful in court, you need a strong case. A strong case shows to the jury that the defendant was negligent and caused your injuries. In law, “negligence” means that the defendant acted carelessly and, as a result, you got injured. To show negligence, you have to establish four “elements” of the claim: duty, breach, causation, and injury. Proving those elements will form the bedrock of the legal arguments our personal injury lawyers create for your claim.
Duty
In law, a “duty” is an obligation a person has to another. In the vast majority of personal injury cases, the duty at issue is the “duty of care.” Essentially, this entails acting in a way that you are not likely to harm other people. In other words, you act “reasonably.” For example, people driving cars uphold the duty of care by following traffic laws and driving safely.
Breach
A “breach” is when someone fails to uphold a duty. For example, people driving cars need to follow all traffic laws and drive reasonably. When a motorist, say, drives under the influence, they breach their duty of care and can be liable if they hurt someone. Besides going against things spelled out in Georgia law, people can breach a duty of care by acting unreasonably. Whether a defendant acted unreasonably or not is determined by the jury, so we will work hard to demonstrate that the defendant was out of line and you got hurt as a result.
Causation
You also need to prove that the defendant caused your injuries. Specifically, you must demonstrate that they are the “proximate cause.” This means that their actions are closely linked to the plaintiff’s condition.
For example, suppose the plaintiff got exposed to asbestos, started feeling unwell, and went to a doctor. That doctor then tells the plaintiff they “are fine,” but later, the plaintiff develops mesothelioma. As time passes, the plaintiff’s condition worsens, and it would not have if they got proper treatment. In that case, the doctor’s failure to diagnose an illness they should have caught would be the proximate cause of the plaintiff’s injuries because that is the thing that caused the plaintiff’s condition to worsen.
Causation and proximate cause are often hotly contested issues in personal injury cases, so our attorneys will work hard to ensure that the jury understands that the defendant’s conduct directly led to your situation.
Injury
Finally, you have to show that you were actually hurt. After all, if you were not injured, there is less of a reason to go through a lengthy, costly legal battle. Proving injury can be more straightforward than proving other elements. For example, you can have first responders or other medical practitioners testify as to the extent of your injuries and the medical procedures you underwent. Depending on how close the trial is to the accident, your actual physical condition may even be able to prove that you were injured.
Compensation You Can Get in Personal Injury Claims in Albany, GA
If you successfully prove that the defendant is liable for your injuries, you will be awarded damages by the court in an amount determined by the jury. That being said, you have to seek a definitive amount of financial compensation in your initial filings. What informs that amount is the specific factors affecting your case, which could include:
Medical Expenses
Pretty much everyone filing a personal injury claim will seek damages based on medical expenses they incurred. Surgery, staying in a hospital, tests, and long-term care can easily cost a lot of money, so you can obtain damages based on those expenses you incurred.
Property Damage
Depending on the circumstances, your property may have been damaged in the accident that injured you, so you can get financial compensation for that. For example, if you were in a car crash and your vehicle was totaled or needed extensive repairs, you can seek damages based on the cost of those repairs.
Lost Wages
You can also get compensation for “lost wages,” which can mean a couple of different things. It could mean pay you missed out on because you were not working, a difference in pay between your old job and a new, worse-paying one you had to take due to your injuries, or predicted future income if you can no longer work because of injuries the defendant caused.
Pain and Suffering
While the damages discussed thus far have been based on somewhat concrete things, you can also get damages for more nebulous items like physical pain or emotional distress. It can be tougher to quantify pain and suffering monetarily, but our lawyers will make sure that the jury understands exactly what you went through.
Contact Our Albany, GA Personal Injury Lawyers and Go Over Your Claim
The personal injury lawyers from Rice, Murtha & Psoras can help you get started on your case when you contact us at (470) 287-3070.