If you obtained an injury as the result of the fault of another, you might benefit from reading the following personal injury FAQs. Whether you suffered an injury on the job and are entitled to workers’ compensation benefits, were hit by a drunk driver or were the victim of medical malpractice, the following answers should help you determine if you have a legal claim for the personal injuries you suffered.
How Are Personal Injuries Caused?
Personal injuries are the result of a negligent or intentional act of another person or organization. However, the majority of personal injury lawsuits come about because someone else acted negligently.
What Is Negligence?
Negligence exists when someone does not act in a correct manner in a particular situation. For example, drivers must obey all traffic signs and signals while driving. When they do not, it can be due to their negligence.
To successfully sue for negligence, the plaintiff must prove four things:
● Duty
● Breach of that duty
● Causation
● Damages
Let’s look at an example to show how these four elements work. A driver runs a red light and crashes into your vehicle, breaking your leg. The driver had a duty to stop at red light, and when he did not, he breached that duty. Your damages exist in the form of your broken leg, and those damages occurred when the driver ran the red light.
What Kind of Damages Can I Recovery Due to My Personal Injuries?
The exact damages recoverable in a personal injury case will depend on the injuries sustained, who caused them and exactly what happened. Damages can be economic or non-economic. Economic damages are the direct expenses you suffered because of someone’s negligent or intentional conduct. Examples of economic damages include:
● Lost income
● Medical bills
● Property damages
● Funeral costs
● Household services
Non-economic damages refer to damages that don’t have a set value and are therefore much harder to calculate. Examples of non-economic damages include:
● Disfigurement
● Loss of consortium/companionship
● Pain and suffering
● Mental anguish
Lastly, there are punitive damages, which exist to punish the responsible party for your injuries. Depending on the case, there may be a cap on punitive damage awards.
If I Was at Fault for My Injuries, Can I Still Recover?
Georgia is a modified comparative fault state. If you are 50% or more at fault for your injuries, you cannot recover anything. If your responsibility for your injuries is 49% or less, you can recover. However, your amount of fault affects how much money you ultimately recover. As you can imagine, a few percentage points can make a huge difference in a lawsuit for a plaintiff.
Got More Personal Injury FAQs? Contact Us
If the above personal injury FAQs still leave you with some questions about your personal injuries, contact Williams & Williams, LLC and learn more about the possibility of a personal injury lawsuit.
