Clayton Personal Injury Lawyer
One moment, you are living your life normally, whether at home, getting groceries, or simply going for a drive. The next moment, everything has changed.
You are hurt. You are facing high recovery costs. The at-fault party is nowhere to be found, or worse, they are trying to blame you for the injuries they caused.
When dealing with the aftermath of a personal injury, recovery can seem far away. Fortunately, you do not have to accept the consequences without legal aid. The lawyers at The Pendergrass Law Firm understand how tough it can be to recover, and we are here to help. If you are hurt, reach out to a Clayton personal injury lawyer for the guidance, resources, and tools you need to recover.
Am I Eligible for a Personal Injury Lawsuit?
After a serious injury, you may be unsure whether you have grounds for a lawsuit. You may believe you were partly at fault for the accident, for example, or you were the only one involved.
However, that does not exclude you from getting compensated. If you have been injured because another person breached their duty of care, you may have grounds for a lawsuit.
Duty of care refers to the basic doctrine that we should try to avoid causing harm to others. For example, if you see a pedestrian in a crosswalk, you have a duty of care to protect their safety by slowing down or stopping. If someone fails to uphold that duty of care to you, the at-fault party may be liable for any damages caused by the accident.
Damages in Clayton Personal Injury Cases
When you are hurt in a Clayton accident, you need funds for your recovery. Those funds should cover all the suffering and losses you experienced because of the accident. These damages are generally grouped under compensatory and punitive damages. But what do these damages cover?
Here is what you can expect when you have been injured in Clayton.
Economic Damages
When you are injured, the costs of your recovery may be high. The bills for recovering your physical health and property may be expensive, and you may be unable to work in the aftermath of the accident due to your injuries. That makes recovery even more difficult.
That is what your economic damages should cover. Any expenses related to your personal injury claim should be calculated. It is easy to forget something in these lists of expenses, so talk with our personal injury attorneys in Clayton for help with these calculations.
Below is just a sample of the damages you may be due:
- Property damage
- Current and future medical bills
- Lost wages
- Household accommodations
- Transportation costs for medical care
- Household services (e.g., cleaning, childcare)
Non-Economic Damages
The financial costs of a Clayton personal injury are only a part of the story. You may have also suffered mentally and emotionally, and these damages can be just as difficult to overcome. Unfortunately, these damages are also more complex to calculate because they are intangible.
For these damages, you may need a personal injury attorney’s specialized skills to calculate your damages. Your lawyer can help you determine the value of your claim and get the funds you need based on the severity of your suffering and its impact on your quality of life.
Unsure what non-economic damages include? Here is a quick sample of fair compensation:
- Pain and suffering
- Mental anguish
- Loss of consortium
- Disfigurement
- Loss of quality of life
- Fear and anxiety
- Wrongful death
Punitive Damages
Unlike the compensatory damages above, your punitive damages are not meant to compensate for a specific loss or suffering you experienced. Punitive damages are instead meant to punish wrongdoers for their actions.
These damages are not easy to attain. Punitive damages are typically reserved for gross, wanton negligence or malicious attempts to cause harm, not for average types of negligence. Because of this, you may need a lawyer’s help if you believe you are due punitive damages. Your lawyer can help you present evidence to the judge that you are due these damages.
How a Personal Injury Attorney Can Help
After a serious accident, it can be difficult to recover on your own. Dealing with your healthcare needs alone can be a monumental task. Fortunately, your lawyer can make getting compensated and overcoming your case easier.
Your lawyer is your go-to resource for information and tools for your claim. Whether you are gathering evidence, talking to witnesses, or getting expert testimony, your lawyer can help provide what you need for your claim.
Your lawyer can also deal with the insurance company and represent you in the courtroom. Saying the wrong thing in court can impact your entire claim. Fortunately, your lawyer can handle the details while you focus on improving your health and taking care of your family.
Georgia Laws Impacting Clayton Personal Injury Claims
When you are injured in Clayton, Georgia’s laws can have a big impact on your lawsuit and your options to file a claim. Because of this, getting answers now about the laws impacting your claim is vital.
Unsure how your claim may be impacted? Talk with a lawyer about the laws below and what you need to know for your claim.
Comparative Negligence
A serious accident is not always a cut-and-dry case. You may believe you were partly at fault. For example, if you were hit by a driver while in a crosswalk, but you were texting and did not see the car, you may be partly at fault for the accident.
First, it is best not to admit fault. If you admit fault, your compensation may be limited, which makes recovery from your injuries even more difficult. The amount of fault they assign to you may be far more than you expect if you admit fault.
That is because Georgia has comparative negligence laws. Under these laws, everyone involved in the accident could have a certain percentage of fault. That percentage can impact your case. For example, if you are 20 percent at fault, you will only receive 80 percent of the compensation you are due.
Because of this, you may need to speak with a lawyer about your claim and your options to sue. Your lawyer can help you avoid accepting fault and maximize the amount you receive for your injuries.
Statute of Limitations
After a serious accident in Georgia, the clock starts ticking for your lawsuit. You only have two years from the accident date to file a lawsuit. If you do not file within this time limit, your claim will be dismissed, and you will be unable to receive compensation for your case.
Evidence can degrade over time, meaning you may have a harder time recovering compensation because the evidence was lost or destroyed. Acting now, with the guidance and resources your lawyer can provide, means you will have more evidence on your side to use and prove your case.
Damage Caps
In Georgia, state law can limit the amount of compensation you receive following an accident. While your compensatory damages, like economic and non-economic damages, will be unaffected, your punitive damages may be capped, meaning there is a maximum amount for these damages.
Clayton personal injury victims can only receive at most $250,000 in punitive damages for their case, with few exceptions. This means, however, that you can still be compensated for all losses you have suffered that should be compensated. Talk to your lawyer about the value of your claim and the damages you are due.
Clayton Personal Injury FAQ
When you are injured in a Georgia accident, recovery can be difficult. You may not have the tools you need to get answers and overcome the suffering you experienced alone, and you are not sure what first steps you should take with an attorney.
Your lawyer can guide you through this process and answer your pressing questions. When you are ready to speak with a personal injury lawyer in Georgia, our team is just a call away. While preparing for your appointment, check out the frequently asked questions below to get some answers.
How long does it take to settle a personal injury case in Georgia?
The length of your personal injury claim will depend on the details of your case. While you only have a certain amount of time to file a claim, the actual lawsuit can stretch for months or even years. It can be disheartening for many personal injury victims to see a long-running case, but do not lose hope. Your lawyer is prepared to do whatever it takes to get you the full compensation you are due following an accident.
What should I look for when hiring a personal injury lawyer?
When hiring a lawyer, look for someone dedicated to their clients, experienced in the field, and with a proven track record of success. You want someone you know is on your side and sees you as more than just another case.
You also want someone who has shown they can handle cases like yours. A lawyer with years of experience has more tools, more resources, and more connections they can put to use to help your claim succeed.
What services does a personal injury lawyer offer?
After a serious injury, you need to know you are getting all the legal services you need for a successful claim. Your lawyer should provide help gathering evidence, filing paperwork, and representing you in court. In practice, your personal injury attorney in Clayton should provide any aid you need for your claim to ensure your claim is a success.
What types of cases do personal injury lawyers handle?
Your personal injury lawyer handles many types of cases under the personal injury umbrella. This may include motor vehicle accidents, wrongful deaths, slip-and-fall injuries, dog bites, and more. If you are unsure whether your lawyer takes your case type, talk to an attorney before making any decisions about the future.
What if I cannot afford an attorney?
When you are hurt in an accident, getting an attorney may save you money. Your personal injury lawyer in Clayton works on contingency fees. That means their pay is contingent on your case’s success. If it is successful, you will only pay a portion of the funds you receive. If it is not, you do not pay anything.
Call a Personal Injury Lawyer in Clayton
When you are seriously injured in a Clayton accident, recovery can be tough. You may not have the tools, resources, and funds to do it alone, and you should not have to anyway—the at-fault party should be held responsible. Unfortunately, that is often easier said than done.
At The Pendergrass Law Firm, we understand how tough it can be to get answers when you are hurt and suffering. The good news is you do not have to act alone. Your Clayton personal injury lawyer is here to guide you through the process and ensure you get the funds you are due when you are hurt and suffering.
Ready to speak with a lawyer? We offer free consultations. To accept yours, give us a call at (404) 348-4511 or fill out the online contact form.