Representing Personal Injury Victims in Tucker
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It often takes a split second for someone to suffer a catastrophic injury. And while accidents occur every day, many of them should never have happened in the first place. Indeed, it was only because of someone else’s negligence that a person is now faced with the pain and expense of dealing with serious injuries.
The Tucker personal injury lawyers at Ponton Law can provide you with legal advice and representation in such cases. Attorney James T. Ponton and his team specialize in helping accident victims obtain compensation for their injuries. This includes not only your medical bills and lost income but also property damage and intangible losses such as your ongoing pain and suffering.
What Types of Personal Injury Claims Do We Handle?
Personal injury law covers a wide range of subjects. Some of the more common areas that we assist clients with at Ponton Law include:
- Accidental Drownings: If you or your child have drowned in an unsafe swimming pool, the owner and operator of that pool can be held liable for your injuries.
- Auto Accidents: Thousands of people are injured in motor crashes every year in Georgia. Many are the result of reckless and negligent driving.
- Bicycle Accidents: Riding a bicycle is generally a safe and healthy alternative to traveling by car or truck. But bicyclists are also at greater risk of being seriously injured if hit by a reckless motorist.
- Construction Accidents: Construction sites are hazardous by nature. Construction workers and bystanders can suffer catastrophic injuries when the management of a job site does not make safety their top priority.
- Motorcycle Accidents: Motorcyclists are often portrayed as dangerous and reckless. But they are often at the mercy of dangerous and reckless car drivers who refuse to share the road.
- Negligent Security: In some cases, a business owner may be liable if you are injured by a third party’s criminal acts while on the property.
- Premises Liability: If you are injured in a slip and fall accident while shopping at the store, the store’s owner may be responsible for your damages.
- Trucking Accidents: Commercial trucking accidents are among the most legally complex types of motor vehicle crashes, as they typically involve questions surrounding the liability of not just the truck’s driver, but also the company that owns the vehicle and any third parties responsible for loading its cargo.
Seeking Full Compensation for Your Injuries in Tucker, Georgia
The civil legal system in Georgia is not about punishing wrongdoing. That is a matter for the criminal courts. A personal injury case is squarely about achieving full and complete compensation for the victim of a negligent or intentional act. Under Georgia law, a victim can seek a wide range of legal damages in the form of monetary compensation:
- Special Damages: Your financially quantifiable, out-of-pocket losses are known as special (or economic) damages. These damages typically include compensation for your past and future medical bills, lost income, diminished earning capacity, and damage to your personal property.
- General Damages: Losses that are more difficult to calculate fall into the category of general (or non-economic) damages. This includes compensation for your pain and suffering, emotional distress, and your spouse’s loss of consortium and companionship.
In some personal injury cases, a victim may also seek punitive damages, which are meant to punish certain forms of gross negligence or intentional wrongdoing. Georgia law limits punitive damages to no more than $250,000, however, and 75 percent of any such award must be paid directly to the State of Georgia.
Georgia’s Comparative Fault Rule Can Affect Your Personal Injury Claim
Not all accidents are cut-and-dry. Consider a scenario where two vehicles collide in an intersection. Each driver may claim the other caused the accident. If one of the drivers subsequently files a personal injury lawsuit, the other may cite comparative negligence as a defense.
Comparative negligence (or comparative fault) is a key part of Georgia personal injury law. It basically means that when presented with a conflict like the hypothetical scenario described above, it is up to a judge or jury to apportion fault for an accident between all of the parties involved. This is done by assigning percentages.
For instance, say the plaintiff in a personal injury case is found 20 percent at fault for an accident. The remaining 80 percent is assigned to the defendant. if the plaintiff’s total economic and non-economic damages come to $100,000, the defendant would only have to pay 80 percent of that amount, or $80,000.
Because Georgia follows a “modified” form of comparative negligence, a plaintiff’s liability must be less than 50 percent. If the plaintiff was equally or more at-fault for the accident, then the defendant does not have to pay the plaintiff any amount of damages.
How Long Do You Have to File a Personal Injury Lawsuit in Tucker, Georgia?
The Georgia legislature has established a series of deadlines for filing various kinds of lawsuits. These deadlines are known as the “statute of limitations.” In personal injury cases involving private individuals and businesses, the statute of limitations is generally two years. (There are different deadlines and requirements when a government defendant is involved.)
Basically, this means that you normally have two years from the date of an accident or injury to file a lawsuit if you wish to seek damages against a defendant. In reality, most personal injury claims are settled out of court, usually with an insurance company. But you must always be mindful of the two-year deadline, as it will not be suspended while you attempt to negotiate a settlement.
Speak with a Tucker, Georgia, Personal Injury Lawyer Today
Even if you are looking to negotiate a settlement, working with a qualified Tucker personal injury attorney can significantly improve your chances of a favorable outcome. And if you have to go to court, an experienced attorney is essential. So if you have been injured through no fault of your own and wish to speak with a lawyer right away, call Ponton Law today at (404) 418-8507 or contact us online.