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Marietta Personal Injury Lawyer

man with broken arnBefore hiring a Marietta personal injury lawyer, you should familiarize yourself with key elements of this area of law. This way, you’ll know how to best present your injury to the attorney, and understand what you might be up against. However, you should never give up pursuing your cases until you’re spoken to or hired a Marietta personal injury lawyer, especially since a consultation will cost you nothing.

The key elements that you’ll learn about in this article pertain to three types of civil law categories that your injury or accident could fall into.  They include intentional torts, negligence torts and strict liability torts. So, I’ll cover them and talk a little bit about what you can sue for. But first, let me give a brief definition of personal injury law.

 What is Personal Injury Law?

A personal injury, in the legal sense, is a type of tort or a civil wrong. Actually, the word tort is derived from the French word for wrong.

It’s where an individual is harmed because another person, a business, or a government agency was negligent and didn’t use a reasonable amount of care to prevent the occurrence.  There are a number of overlaps between this type of law and litigation.

According to American law, a tort is considered to be legal justification for suing the offending party in order to receive compensation for the losses that occurred as a result of their actions (or inactions).

Three Kinds of Torts – Intentional, Negligence, and Strict Liability

Intentional Torts

As the name infers, an intentional tort involves situations where one party makes a calculated decision to do harm. This would include activities such as assaults, damaging property, trespassing, and defamation.  As you can see, some civil torts may also involve criminal charges.

The challenge or potential downside of having your personal injury lawyer in Marietta GA sue someone for an intentional tort is getting compensation from them should you prevail in a lawsuit. That’s because in many such cases there is no insurance company with deep pockets involved.

Instead, you may have to go after the defendants personal assets. This is fine if they are financially well off, but not so good if they possess limited assets.

But if your injury or accident falls into this category, don’t get discouraged. Your Marietta personal injury lawyer may still be able to get you money. The attorney may be able to find other linkages to the defendant that could be held liable or sued.

Negligence Torts

When you think of a tort involving negligence, it’s all about whether a reasonable person could have avoided the harm. For example, if the driver of a car runs a red light and crashes into another automobile, that’s something you would not expect from a reasonable person who is paying attention to the traffic activity around them.

Other types of negligence torts include slip and falls, medical malpractice, defective products, burn injuries, wrongful death, explosions, etc.

Just about every Marietta personal attorney has negligence torts as the bulk of their cases, although some will specialize.

Strict Liability Torts

Strict liability torts are usually supported by strict laws of a state or jurisdiction that spell out and assign legal responsibility for certain activities. For example, in most jurisdictions there are laws stating that your dog must be always be under your physical control. And if your dog bites or attacks someone, you’re liable. No excuses.

There are similar laws pertaining to parents being responsible for the acts of your children. They could be held liable, for example, if their child is out late at night vandalizing property.  Your Marietta personal injury lawyer will tell you what the specific laws are for Georgia during your free consultation.

The Harm and Damages Your Marietta Personal Injury Lawyer Must Prove

super hero lawyerHarm can include physical injury, psychological injury, or other types of harm such as injury to a reputation.  The monetary compensation that your personal injury lawyer in Marietta will seek may include both the losses that have already occurred as well as present losses and those that are anticipated in the future as a result of the circumstances in the case.

Among the damages for which your Marietta personal injury lawyer can sue in a personal injury case include medical expenses, pain and suffering, emotional distress, property damage, loss of the capacity to earn, loss of consortium or companionship, and legal and attorney costs and fees.

The primary purpose of this type of law is to discourage people from committing the offense at the center of the case.  It will, in essence, make an example of the defendant so that others in a similar situation will take action to prevent a similar punishment.

In the United States, there are more than 500,000 federal tort or civil cases filed every year.  Among them, nearly 100,000 (20%) are personal injury cases.  The core of nearly every one of these cases is liability.  The plaintiff’s personal injury attorney is typically tasked with proving that the defendant was liable due to a lack of exercising reasonable care.  Beyond that, the attorney typically needs to show that the harm in this circumstance was foreseeable.

Although the plaintiff may find that the time that is spent immediately after the event that has led to the case may be very difficult – due to the injury that was involved – it is still very important to act quickly to speak with a Marietta personal injury lawyer in order to determine whether or not there is a case, and if it should be filed.

The reason that you, as a plaintiff, shouldn’t wait is that there are statutes of limitations on Georgia personal injury cases.  This means that there is a maximum amount of time allowed in which to pursue your case before it won’t be legally permitted to do so anymore.  Keep in mind that the amount of time that you have isn’t based on the start date of the case.  It is based on the date on which the injury or accident occurred.  Therefore, if the case requires a lengthy investigation and negotiations process, you could easily run out of time if you don’t act as soon as possible.

Even if you are unsure as to whether or not you have a case, it is recommended that you consult with a Marietta personal injury lawyer to better understand your rights and how you can protect them.