FAQ
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How do I know if I have a personal injury case?There are four elements you must prove in order to file a personal injury lawsuit in Georgia. 1) Duty of Care: The party that caused your injury must owe you a duty of care. For example, every motorist is legally required to operate their vehicle in a reasonably safe manner. Likewise, a property owner is responsible to keep their premises safe from hazards. 2) Breach of duty: It must be proved that the person who caused your injury breached the duty of reasonable care owed to you. 3) Causation of Damages: Another critical element for a personal injury case is that the actions of the negligent party directly caused you to suffer damages or loss. 4) Proof of Harm: The final element of any personal injury case is demonstrating the extent of the harm suffered by you, the plaintiff. It's best to schedule a free case evaluation with an experienced personal injury lawyer to know for sure what your options are.
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How long do I have to file a personal injury lawsuit in Georgia?To recover compensatory damages through a personal injury case, you must file your lawsuit within the statute of limitations. In Georgia, the statute of limitations for personal injury cases is two years from the date the injury occurred or was discovered (within a reasonable time). For motor vehicle collisions, the date of injury is much more obvious, since it can be linked to a specific accident. For cases of medical malpractice, it can be more difficult, since symptoms may take months or even years to present themselves. It's important to contact an attorney as soon as possible after your injury was discovered so that your right to compensation is protected.
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How much is my personal injury case worth?The value of an injury claim is directly related to the amount of damages you have sustained, including both economic damages and pain and suffering. The more you have lost, the more compensation you are entitled to. However, even seemingly minor injuries can have unintended and long-term consequences, so it’s best to have an experienced attorney review your case before accepting an offer from the at-fault party or their insurance provider.
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How much does a personal injury lawyer cost?Bringing your case to Tate Law Group does not cost any out-of-pocket expenses. We offer free initial consultations and operate on a contingency fee basis. That means all legal fees and expenses will be taken out of your final recovery, whether you receive a settlement or jury verdict. A typical contingency fee is 33%.
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Will I have to go to court?Only about 5% of personal injury cases ever go to court. Trials are lengthy and expensive, so both parties are usually motivated to find an amicable resolution outside court. However, if there is a dispute about fault or liability, or you believe the offered settlement isn’t enough to compensate you for damages, it may be in your best interest to go to trial.
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