Valdosta, GA Personal Injury Lawyer

Injuries and accidents happen all the time, and you should not have to suffer for the wrongdoings of another, even if their actions were not criminal. You can seek justice and compensation for injuries by filing a personal injury lawsuit with the help of a lawyer. Although these kinds of cases are common, they are fraught with complex laws and court procedures, and preparations usually take time.

It is best to speak to a lawyer as soon as possible after being injured, as plaintiffs have a limited window in which to file a case. Planning and preparing your case may take time, and you should begin early to assess damages, find evidence, and work with an attorney to develop effective legal strategies. Once we have everything we need to get started, we still must prove the defendant’s liability. This might involve one, two, or more defendants, and they might all be blaming you for the accident. Speak to an attorney soon about how you can get fair compensation.

Contact our personal injury attorneys at Rice, Murtha & Psoras for a private, free case assessment by calling (470) 287-3070.

When to Take Your Personal Injury Case to Court in Valdosta, GA

When accidents happen, victims usually need time to recuperate from their injuries and determine what they want to do next. Taking legal action is a pretty serious step, and it is understandable to want some time to think things over and speak with a lawyer. However, you should not take too long to decide, as the clock is already counting down on your case.

The statute of limitations for personal injury cases in Georgia can be found under O.C.G.A. § 9-3-33, which enforces a strict 2-year deadline. In many cases, the limitation period begins on the day you were injured, so time is of the essence. If you do not file your claim by the end of the limitation period, you might be barred from filing a claim. However, our personal injury attorneys might find conditions to buy you extra time.

Under very specific conditions, you may have the statute of limitations tolled, pushing back your final deadline to submit your case to the courts. For example, according to § § 9-3-90(a)-(b), plaintiffs who were minors or experiencing certain mental disabilities may have the statute tolled. For minors, the limitation period would not begin until they turn 18. For those with mental disabilities or conditions that hinder them from understanding their rights, the limitation period would not begin until the disability is lifted.

If the driver who hit you fled the scene – which is illegal – they might have left the state. Under § 9-3-94, the statute of limitations may be tolled for however long the defendant is continually outside the state. Generally, plaintiffs should do their due diligence to locate defendants and bring them within the state’s jurisdiction using long-arm statutes, but this is not always possible, thus tolling might be necessary.

Damages Available in Valdosta, GA Personal Injury Cases

Damages in a personal injury case represent what you have lost and endured because of the defendant’s negligent behavior. Many damages are based on the financial toll of the accident and your injuries. Other damages are more subjective and based more on experiences than actual costs. Still, some damages are awarded to punish defendants for especially shocking behavior.

Non-Economic Damages

Non-economic injuries can be difficult to assess as they are rooted in your personal experiences surrounding the accident, not money or costs. As such, these damages are often hard to prove, and many plaintiffs do not fully understand the true extent of their non-economic damages.

These damages are often referred to as “pain and suffering.” While these two factors are important, they are not the only possible non-economic damages. You may claim damages related to physical pain from your injuries and emotional turmoil from the accident. In cases where accidents are severe and quite traumatic, emotional and psychological distress might be significant. Some people live with psychological scars from accidents for years.

Non-economic damages vary based on the situation. If you were injured at work in front of coworkers and colleagues, you might claim damages for humiliation or damage to your professional reputation. If your injuries left you with permanent disabilities, you might claim damages for your diminished quality of life.

Economic Damages

Economic damages are largely based on money. This can make proving these damages both simple and tricky. First, economic damages can be easier to establish sometimes because they are based on cost. Receipts, bills, and other records of costs can easily establish the value of these damages. However, it is up to you and your lawyer to make sure all economic damages are accounted for. If you accidentally overlook certain costs and leave them out of the lawsuit, they cannot be compensated.

Common economic damages include medical bills, property damage, the cost of lost wages from missing time at work, and travel expenses if you had to travel for medical care. If the accident or your injuries have cost you money in other ways, discuss it with your attorney. Doing so may help you maximize damages and get the most compensation possible.

Punitive Damages

Unlike other damages, punitive damages are not awarded to plaintiffs to compensate for a specific loss or painful experience. Instead, they are awarded to punish defendants for especially shocking behavior and hopefully deter future similar behavior. Punitive damages are not awarded automatically and can be difficult to prove.

According to O.C.G.A. § 51-12-5.1(b), punitive damages are only available if our personal injury attorneys prove by clear and convincing evidence that the defendant’s actions constituted willful misconduct, fraud, malice, oppression, wantonness, or such a lack of care as to create a presumption of conscious indifference to consequences. Remember, this is not an easy bar to meet, and punitive damages tend to be rare.

Even if punitive damages are awarded, they are not unlimited. According to § § 51-12-5.1(f)-(g), different limits on punitive damages may apply in different circumstances. If you file a product liability claim related to injuries sustained from a defective good or product, there is no limit. Similarly, there is no limit if the defendant had specific intent to cause harm or if they were acting under the influence of alcohol or controlled substances. However, the limit is capped at $250,000 for most other cases.

Typical Examples of Personal Injury Claims in Valdosta, GA

What exactly is a personal injury claim? The term is very broad and encompasses many accidents and injuries, but a common thread runs through all personal injury claims, which is the presence of bodily injuries. If the defendant’s actions directly caused you physical injuries, you might have a personal injury claim on your hands. Below are a few examples of personal injury cases our team has handled and can help you with.

Dangerous Goods and Products

People who are hurt because of a dangerous good or consumer product may file a product liability claim. These are very serious cases because if a defective item injures you, there is a good chance that many more items are defective and still on shelves waiting to be purchased by unsuspecting customers.

We need evidence of the item’s defect, damage, or poor design to prove your claims in a product liability case. Some items are dangerous because they are defective. For example, maybe a lawnmower was assembled incorrectly at the manufacturing plant, and you were badly cut by the blades. In other cases, products are dangerous because they were damaged at some point between being manufactured and being sold. Still, other products are dangerous because there is a flaw in the design that makes them dangerous.

Vehicle Crashes

Auto accidents are perhaps some of the most frequently filed personal injury cases. Vehicle collisions happen every day, and you would be hard-pressed to find someone who has never been in an accident or at least knows someone who has. These kinds of cases can be tricky to deal with despite the fact they happen so often. In cases involving multiple drivers, determining which one is responsible may be hard, especially if all the drivers are blaming each other.

Amusement Park Accidents

While people go to amusement parks to have fun, they can be very dangerous places if park equipment and rides are not properly maintained. Roller coaster accidents, waterpark injuries, and other accidents at amusement parks can leave customers with severe injuries. For many, these accidents can be painful and traumatic, and damages might be quite serious. In especially severe cases, amusement park patrons have passed away because of their injuries, and families may sue for wrongful death.

Gathering the Right Evidence to Prove Your Personal Injury Case in Valdosta, GA

Evidence in personal injury cases may vary greatly from case to case. Since there are so many possible personal injury claims, the nature of your claims may determine how and where we look for evidence. In many cases, a great place to begin looking for evidence is at the scene of the accident.

Many people take photos after an accident as proof of their injuries, usually to send to insurance companies. These photos may also make for excellent evidence in the courtroom. Your pictures might help us piece together the accident scene and figure out what factors caused your injuries.

We should also gather physical evidence that can help us prove your claims. For example, if you were injured by a defective product, we need the product as evidence. We should also have the product inspected to accurately determine what was wrong with it.

Testimony is also crucial in many personal injury claims. If other people were around when your accident occurred, they might testify as eyewitnesses and explain what they saw to a jury. Even if they were not present for the accident, witnesses might have other first-hand knowledge about the accident. For example, we might have an employee from the amusement park where you were hurt come in and testify about how the rides at the park should have been maintained versus how they were actually maintained.

Determining Liability for Personal Injuries in Valdosta, GA

Liability in many injury cases usually comes down to negligence. This is more than just carelessness on the part of the defendant, although that might be an important factor. Negligence is a legal concept that is made up of four distinct legal elements: duty, breach causation, and damages.

First, we must show how the defendant owed you a duty of care and how they breached that duty. For example, in a product liability case, the defendant owes a duty to produce safe products and provide adequate warnings to customers about the potential risks of using the product. The breach might be the defect or design flaw that made the product dangerous. We must next establish the causation element. Put another way, we must show that the breach was the direct and proximate cause of your injuries. Finally, we must prove the extent of your damages.

We must also be ready to prove that you did not have anything to do with causing the accident or your injuries. It is common for defendants to argue that the plaintiff somehow caused or contributed to the accident. If the defendants can shift the blame away from themselves, they might avoid liability. According to laws of comparative negligence under O.C.G.A. § 51-12-33(a), a plaintiff’s damages may be diminished in proportion to their share of the blame. For example, if the court determines you are 15% responsible, your damages are reduced by 15%. According to § 51-12-33(g), if you are 50% or more responsible, you may not recover any damages.