Personal Injury Lawyer: 4 Important Things to Know about Personal Injury Action
June 21, 2012 By Law Offices of Shane Smith
Are you considering taking Georgia personal injury action? Contact an Atlanta personal injury lawyer at the Law Offices of Shane Smith today and discover your legal options. If you’ve been hurt or injured because of someone else’s mistake or negligence, you may consider taking legal action to recoup the costs you’ve incurred due to the injury.
In Georgia, personal injury action can seek to recover money you’ve spent on medical bills, lost wages, and pain and suffering. It can also compensate you for future lost income if your injury has rendered you unable to work or provide for your family. However, before you opt to take legal action, Atlanta personal injury lawyer Shane Smith shares 4 important items you should know:
• Torts – In Georgia, personal injury action is considered “tort” law. There are two types of torts: intentional and accidental. Intentional torts are civil wrongs that were committed with intention and purpose, such as battery or assault. Accidental torts are caused by negligence and arise in situations in which the other party failed to act correctly or exercise caution, thus leading to the injury. A car accident in which one vehicle rear-ends another is a good example of this type of tort.
• Four elements of negligence – In cases of accidental torts, you’ll need to prove negligence to prove the other party’s level of fault in your injury. There are four elements of negligence: a duty toward the victim existed, that duty was violated, the violation caused or contributed to the victim’s injury, and the victim experienced calculable loss or damage. If all four elements can be shown, then the party can be held liable for your injuries and damages.
• Statute of limitations – Statutes of limitations outline how long you have to file certain type of claim or lawsuit; they differ by state and can vary greatly. In Georgia, personal injury action has a statute of limitations of two years. That means you have two years from the date of injury to file your claim, or it is no longer valid.
• Common defenses – The key to ensure the success of your case is to be aware of and prepared for certain common defenses against personal injury claims. One commonly used tactic is the “assumption of risk” defense. This method attempts to prove that the victim knowingly and willingly entered into a situation they knew to be hazardous; therefore, the other party is not responsible for any injuries or damages. Many defense attorneys will also try to prove contributory negligence, meaning that the victim holds some level of blame for the accident or injury. If they succeed in proving negligence on the victim’s part, it could significantly lower the payment your claim can award you.
Though it is important to be prepared and knowledgeable before filing a personal injury claim, the best way to ensure you get the utmost compensation for your injuries and damages is to enlist the help of an experienced legal professional.
ABOUT THE AUTHOR: Shane Smith Law
Shane Smith calls Georgia his home. Shane graduated from high school in Fayette County, Georgia. Shane then attended the University of Georgia for two years. Shane then transferred to Georgia State University where he graduated Magna Cum Laude in 1997. During his undergraduate program he was active in ROTC, serving on the Color Guard, Ranger Challenge, and as the company commander of his ROTC Company. While at Georgia State, he also met his wife. After receiving his Bachelor of Science, he attended Georgia State's College of Law, where he graduated Cum Laude in 2000. During this time, he worked with Richard Hobbs, a local attorney in Fayetteville, and with the Fulton and Rockdale County DA offices as an intern. Additionally, he was active in the Student Trial Lawyers Association competing in a national competition.
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More information about Law Offices of Shane Smith
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
• Torts – In Georgia, personal injury action is considered “tort” law. There are two types of torts: intentional and accidental. Intentional torts are civil wrongs that were committed with intention and purpose, such as battery or assault. Accidental torts are caused by negligence and arise in situations in which the other party failed to act correctly or exercise caution, thus leading to the injury. A car accident in which one vehicle rear-ends another is a good example of this type of tort.
• Four elements of negligence – In cases of accidental torts, you’ll need to prove negligence to prove the other party’s level of fault in your injury. There are four elements of negligence: a duty toward the victim existed, that duty was violated, the violation caused or contributed to the victim’s injury, and the victim experienced calculable loss or damage. If all four elements can be shown, then the party can be held liable for your injuries and damages.
• Statute of limitations – Statutes of limitations outline how long you have to file certain type of claim or lawsuit; they differ by state and can vary greatly. In Georgia, personal injury action has a statute of limitations of two years. That means you have two years from the date of injury to file your claim, or it is no longer valid.
• Common defenses – The key to ensure the success of your case is to be aware of and prepared for certain common defenses against personal injury claims. One commonly used tactic is the “assumption of risk” defense. This method attempts to prove that the victim knowingly and willingly entered into a situation they knew to be hazardous; therefore, the other party is not responsible for any injuries or damages. Many defense attorneys will also try to prove contributory negligence, meaning that the victim holds some level of blame for the accident or injury. If they succeed in proving negligence on the victim’s part, it could significantly lower the payment your claim can award you.
Though it is important to be prepared and knowledgeable before filing a personal injury claim, the best way to ensure you get the utmost compensation for your injuries and damages is to enlist the help of an experienced legal professional.
ABOUT THE AUTHOR: Shane Smith Law
Shane Smith calls Georgia his home. Shane graduated from high school in Fayette County, Georgia. Shane then attended the University of Georgia for two years. Shane then transferred to Georgia State University where he graduated Magna Cum Laude in 1997. During his undergraduate program he was active in ROTC, serving on the Color Guard, Ranger Challenge, and as the company commander of his ROTC Company. While at Georgia State, he also met his wife. After receiving his Bachelor of Science, he attended Georgia State's College of Law, where he graduated Cum Laude in 2000. During this time, he worked with Richard Hobbs, a local attorney in Fayetteville, and with the Fulton and Rockdale County DA offices as an intern. Additionally, he was active in the Student Trial Lawyers Association competing in a national competition.
Copyright Law Offices of Shane Smith
More information about Law Offices of Shane Smith
View all articles published by Law Offices of Shane Smith
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
