Columbus Personal Injury Attorney

When filing a personal injury lawsuit, some people think they can represent themselves without a Columbus personal injury lawyer. However, this is not an easy task, and doing so could negatively affect the amount of compensation you receive. A skilled attorney at our firm can help with every aspect of your case and will do the heavy lifting while you focus on your recovery and your life.

Common Types of Personal Injury Cases

A person can be injured due to various different circumstances, and a personal injury claim can be applicable anytime an accident is caused by someone else’s negligence or deliberate actions. Some of the most common causes in Columbus include:

Each of these situations involves different aspects, but the main premise of holding the liable party accountable for the actions and seeking compensation for the victim’s damages applies. When you’ve been injured and you’re not sure what steps to take next, contact the personal injury lawyers at our firm to review your case and create a plan moving forward.

How Do You Prove Liability in Personal Injury Claims?

Proving liability in personal injury claims in Georgia comes down to being able to persuade the jury of four key elements:

The defendant had a responsibility of care to the plaintiff. This is often referred to as a “duty of care.” This means that there was some kind of relationship between the two parties where the plaintiff had the reasonable assumption that the defendant would exercise care. This could be between two drivers sharing the road or between a doctor and a patient, for example.
The defendant did not meet this responsibility. This can happen through negligence, such as being distracted while driving, or through direct, purposeful actions.
The defendant’s actions caused the accident. It’s not enough for the defendant to be negligent. That negligence must have caused an accident where injuries or other damages were sustained.
The plaintiff suffered damages as a result. For example, in a fictional scenario where an accident didn’t result in any injury or property damage, there would be no reason for a personal injury claim because there were no losses.

Each of these elements must be proven through evidence and witness testimony in court. In civil cases, the burden of proof is with the plaintiff, which means the victim is responsible for showing that these actions happened, the defendant was liable, and that they should be compensated for their injuries. The burden of proof in a civil case in Georgia is “by a preponderance of the evidence,” which means that the defendant is more likely than not to have been responsible for the accident.

This is a much lighter burden of proof than the “beyond a reasonable doubt” that is necessary in the criminal courts, but it still requires significant evidence and compelling arguments from your legal team. Talk to our attorneys to find out whether your situation meets these requirements and what kind of evidence will be necessary to support your claim. We can conduct a case evaluation so you know what to expect before you start and how much money you may be able to get.

Can You Get Compensation If You Were Partially at Fault?

It’s not unusual for there to be several contributing factors in an accident. Car accidents are a common example. If one driver is speeding but another is texting and driving, both could play a role in the accident. The speeding driver is recklessly operating a vehicle, while the texting driver isn’t paying enough attention to the road to avoid an accident. If it is raining, this can add additional factors such as diminished visibility and poor road conditions. Because of this, it’s common for the parties to end up sharing fault in the accident. Luckily, in Georgia, being partially at fault for the accident doesn’t automatically bar you from pursuing a personal injury claim.

Georgia operates under a modified comparative negligence rule. This means that victims can file a personal injury lawsuit as long as they are less than 50 percent at fault for the accident. While the insurance companies will make an initial determination on this, it’s also one of the main points your attorney will need to prove in court.

Keep in mind that any damages you’re awarded can be reduced if you were partially at fault. Your compensation is generally reduced by the same percentage as you were determined to be at fault. For example, if you were awarded $50,000 in a personal injury case but were 10 percent at fault, you would receive $45,000.

Should You Take a Settlement Offer?

The majority of personal injury claims are settled outside of court. This happens for a couple of reasons. First, a win at trial is never guaranteed. Juries are notoriously unpredictable, and if they aren’t convinced by your arguments and evidence, you could end up with nothing in the end. Taking a settlement ensures that you receive some compensation for your injuries.

Second, civil trials take a long time to resolve. From the first filing to actually getting any awarded compensation can take years. Many victims prefer to take a settlement offer to avoid the time and stress of a trial and get money in hand more quickly. Settling out of court also means you won’t have to testify and can avoid the notoriety and press that often come from these types of cases.

But how can you ensure you aren’t taking too low of an offer? It’s true that an out-of-court settlement is generally lower than what you might have been able to get in a trial, but many victims find the trade-off worth it. Your attorney plays a key role in settlement negotiations, helping you get the best offer possible and providing counsel on whether it’s better to take the offer or go with the risk of a trial.

If you’re interested in a settlement, always talk with an attorney first. Insurance companies often try to get victims to accept low settlement offers as early as possible to save money. Any offer should always be evaluated by an attorney and reflective of your financial damages and pain and suffering.

Statute of Limitations on Injury Claims

The statute of limitations is the time an injured party has to file a lawsuit. When lawsuits are filed after the statute of limitations has run out, the courts will almost always throw out the lawsuit, and the accident victim is barred from pursuing any compensation.

Most personal injury cases in Georgia have a statute of limitations of two years. That means in the majority of cases, accident victims have only two years to file their lawsuit from when they discovered, or should have discovered, their injuries. Medical malpractice cases have a statute of limitations of two years as well – or six months from the date the injury was discovered or should have been discovered. There are some very narrow exceptions, however.

Exceptions to the Two-Year Rule

Claims against a government entity such as a county or city have different deadlines. Claims against a city have a statute of limitations of six months from the date of the accident. Claims against a county have a statute of limitations of one year from the date of the accident.

There are also exceptions for when a victim is under the age of 18 at the time of the accident. Georgia law delays the two-year period from starting until the victim turns 18. For example, if a 10-year-old was injured in a car accident, they would have until the day before their 20th birthday to file a personal injury claim. This effectively gives them approximately 10 years instead of two.

Another exception applies to victims who are mentally incapacitated. The statute of limitations doesn’t apply until the time when that incapacity has ended and the person is able to make decisions for themselves again.

Some types of claims also have different statutes of limitations. For example, claims involving medical negligence or product liability may have longer time lines. If a case involves any kind of fraud or it wasn’t reasonable for the person to have discovered their injuries in those two years, it can also lengthen the time they have to file.

Role of a Personal Injury Lawyer in an Accident Case

Attorneys play an integral role in supporting clients pursuing a Columbus personal injury claim. Below are just some of the ways an attorney can help you through this process.

Gathering Evidence

One of the first things a proactive Columbus personal injury attorney like David Bence will do is gather important evidence such as witness statements, photographs, video surveillance, and accident reports. This will help an attorney determine how the accident happened and determine who was really at fault.

Once your physical condition has stabilized, a lawyer can gather medical reports, records and bills, employment records, and other documentation to calculate the full extent of your losses.

Requesting Comprehensive Payments

Once an attorney knows how much to ask for in damages, they will then be able to negotiate with the insurance company from a position of strength. If an offer is made, an attorney will then present you with the offer and advise on whether it’s fair.

This is an area in which personal injury attorneys are particularly helpful. Some accident victims are happy to receive anything at all from the insurance company. When they jump at the first offer, they could miss out on the full amount of compensation they actually deserve. If the insurance company does not offer fair compensation, an attorney can then file a lawsuit and prepare the case for trial.

Defending Your Rights in Court

If the case does go to trial, having a knowledgeable legal professional by your side is especially helpful. Before the trial begins, the case will move into discovery. At this point, both sides can ask for information, and each side is obligated to provide it. Discovery may involve depositions of many people, including experts and witnesses.

If the case goes to trial, a personal injury lawyer in Columbus can argue your case to the jury, question and cross-examine witnesses, and present evidence to help you win your case.

Contact a Columbus Personal Injury Attorney Today

If you have been injured in an accident that was someone else’s fault, you need an experienced Columbus personal injury lawyer on your side. At Bence Law Firm, LLC, we know how to seek the compensation accident victims deserve, and we want to help you with your personal injury claim. Now is the time for you to focus on your physical recovery, so don’t try to handle a lawsuit on your own. Contact us today at 334-489-1951 for a free claim review and advice about your best legal options.