If you were injured in an accident caused by someone else’s negligence, you may wonder, “How do I know if I have a lawsuit?” You must meet specific requirements to be eligible to sue for damages in a personal injury case. An Atlanta personal injury attorney from Rafi Law Firm can help determine if you have a case to sue.
What are the requirements for a personal injury claim?
To know if you have a lawsuit in Atlanta, you must demonstrate that the party that caused your injuries and other losses was negligent. Negligence is a party’s failure to act with the level of care that a reasonable person would have used under the same circumstances. Negligence is the basis for all torts in Georgia.
A tort is a harm committed against a party that can be tried in civil court. Atlanta personal injury claims are torts. Unless you can effectively demonstrate negligence by the other party, you do not have a tort or a case to sue.
What do I need to prove negligence?
You must prove four legal elements of negligence in an Atlanta personal injury claim. If these elements are unmet, you cannot prevail in a personal injury lawsuit. They are:
- Duty of care: The other party has a legal duty to keep you safe and prevent harming you.
- Breach of duty: That party breached their duty of care by acting negligently or recklessly.
- Causation: The party’s breach of duty caused your injuries and other losses. Cause in fact and proximate cause must prove to have a valid legal case.
- Damages: Due to the party’s breach of duty and resulting accident, you suffered financial harm, including medical expenses, lost wages, pain and suffering, or emotional trauma.
If your personal injury lawyer can establish negligence through all these elements, you are eligible to file a lawsuit. If you are successful in your case, you can receive compensation for your economic and non-economic damages from the party who was negligent and caused your injuries.
How much time do I have to file a lawsuit?
You must file your lawsuit in the time required by Georgia law. The statute of limitations for personal injury claims is two years from the date of your accident. If you miss this deadline, you cannot file a personal injury case in civil court.
Can I file a personal injury lawsuit if I was partly responsible?
You may be wondering if you can still file a lawsuit for damages if you were partly at fault for your accident. In Atlanta, you can. Georgia uses a modified comparative negligence standard to determine if you can recover compensation for your injuries after a personal injury accident.
If you were less than 50% responsible for your accident, you can sue the liable party for damages. The more you are to blame for the accident, the less you can recover. The percentage of your liability will reduce your damages award.
Think you might have a case? Give us a call.
To know if you have a personal injury case for which you can file a lawsuit, contact our Atlanta personal injury lawyers at Rafi Law Firm. We will meet with you for a free consultation to discuss your accident and resulting injuries.
Call us at (404) 800-9933 as soon as possible so we can begin investigating your claim and ensure you meet the requirements to file a personal injury lawsuit.
