Dade County Personal Injury Lawyer
No matter the specific circumstances, a serious personal injury can completely reshape your future plans and prospects. Not only could an accident leave you with long-lasting physical damage, but the mental, social, and financial consequences of such an incident could turn someone else’s momentary mistake into a life-altering experience for you.
The State of Georgia allows victims of negligence to file suit against liable parties, but successfully recovering compensation through civil litigation may require assistance from a seasoned attorney. A Dade County personal injury lawyer could help you demonstrate liability in accordance with state law, document all the damages you suffered, and seek comprehensive compensation in or out of court.
What Makes Someone Responsible for an Injury in Dade County?
Almost all personal injury cases in Georgia are based on the legal theory of negligence, which entails proving that an injury stemmed from someone else’s unreasonable actions. Specifically, in order to prove legal negligence, a plaintiff in Dade County must show that all of the following criteria apply to their case.
- The defendant—the person or entity being sued—had an implicit or explicit responsibility to act reasonably and safely, known in legal terms as a duty of care
- Through some reckless, careless, or intentional act, the defendant violated—or breached—the duty of care they owed to the plaintiff
- The defendant’s breach of duty was the proximate—or direct—cause of an accident
- The accident in question directly resulted in compensable harm to the plaintiff
The applicable duty of care in a personal injury case may vary based on the situation. For example, all drivers on public roads are expected to obey traffic laws and watch out for other drivers and pedestrians, but a property owner in Georgia owes a different degree of care to a legal visitor than they do to someone who is trespassing.
Additionally, it should be noted that a defendant can be held liable for a failure to act reasonably just as much as an overtly unreasonable act. For instance, a healthcare provider who fails to diagnose a condition they reasonably should have identified could be held liable for malpractice. A Dade County personal injury attorney could offer further clarification about how liability may be determined and applied in a particular case.
Recoverable Damages in Dade County Personal Injury Cases
An injury caused by negligence must be physical in nature and require some kind of professional medical treatment in order to serve as grounds for a lawsuit. Once this prerequisite is fulfilled, though, a wide variety of both economic and non-economic losses may be claimed in a personal injury case.
Economic damages that a personal injury lawyer in Dade County could pursue in a typical case include medical expenses, lost work wages, lost earning capacity, and costs associated with repairing or replacing damaged personal property. Non-economic damages, which cover losses that do not have an objective financial value, may include emotional anguish, physical pain and suffering, loss of personal and professional opportunities, and loss of enjoyment of life.
Learn More from an Experienced Dade County Personal Injury Attorney
Occasionally, proving civil liability and recovering compensation can be a fairly straightforward matter, but most of the time litigating a personal injury case is an immensely complex process. In order to achieve success, a plaintiff may need to gather a great deal of evidence, thoroughly document their damages, and prove they themselves were not liable for their injuries.
Once retained, a seasoned Dade County personal injury lawyer could help with all these aspects of a case and work with you every step of the way towards a positive legal outcome. To schedule a consultation with one of our attorneys about your potential claim, call today.
