What is a Personal Injury Claim?
A personal injury claim is a legal dispute that typically arises when one person suffers an injury or harm that was caused by an accident or injury and another individual or party may be legally responsible for causing the harm. The responsible party will compensate the person who is injured for damages such as medical bills, pain and suffering and more.
How Personal Injury Claims Work
Personal injury claims typically start off with a demand letter from the plaintiff (the injured party seeking compensation from another party that they feel is liable for the harm). The demand letter requests payment for damages. If the insurance company does not pay or they cannot reach a compromise with the plaintiff, then a personal injury lawsuit may begin.
Do You Have Grounds for a Personal Injury Claim?
In Georgia, you may have grounds to file a personal injury claim if you were injured and suffered damages due to another person or party’s negligent or wrongful conduct.
There are several elements you must prove to bring a claim:
- The Duty of Care: The first element of a personal injury claim is establishing that another person or party owed you a duty of care. A duty or care is a legal responsibility to act reasonably and take acceptable measures to avoid causing injury to others.
- Breach of the Duty of Care: Next, you must prove that the person or party who owed you a duty of care failed to uphold it. Typically, proving that the duty of care was breached involves proving that the other person or party acted negligently or wrongfully.
- Causation: You will also need to prove that the breach of the duty of care was the proximate cause of your injuries and damages. In other words, if the other person or party had not been negligent or acted wrongfully, you would not have been injured or harmed.
- Damages: Lastly, to bring a personal injury claim, you must establish that you suffered damages due to the other person or party’s breach of the duty of care. Damages can be economic or non-economic and may include things like medical expenses, lost income, and pain and suffering.
At Hasty Pope, LLP, our Canton personal injury lawyers can evaluate your potential case to determine if you have grounds for a claim. We often work with a team of investigators and other experts to ascertain how an accident or traumatic event happened, as well as who is liable.