Even in the best-case scenarios, getting involved in an accident can be a jarring experience that interferes with your daily life and future plans. In the event an accident results in a serious injury, though, you may have a lot more physical, emotional, and financial losses to worry about, which can be especially galling if you only got hurt because another person was negligent.
If you were recently injured because someone else recklessly or carelessly caused an accident, you may have a legal right to file suit that a Roswell personal injury lawyer could help you utilize. By seeking guidance from a seasoned attorney with your personal injury claim, you could greatly increase your chances of successfully proving fault and recovering the compensation you deserve.
Holding Individuals Liable for Their Negligence
Generally speaking, recovering civil restitution for a personal injury requires proving legal negligence by the party or parties named as defendant(s) in a civil claim. A person may be considered negligent in a legal context if they violate a duty of care they owe to someone else—namely, the plaintiff filing suit against them—and cause some kind of accident through that violation that directly results in compensable harm to the plaintiff.
This may seem like a simple thing to prove at first glance, but demonstrating negligence during private settlement negotiations or a civil court trial can often be extremely tricky. For example, the applicable duty of care one party owes another can vary significantly in different circumstances—drivers on public roads owe everyone around them the same duty to act responsibly and obey traffic laws, whereas property owners owe virtually no duty of care whatsoever to trespassers injured on their property.
Even if duty of care can be established, proving a violation of the duty and proximate cause of damages can require a great deal of documentary evidence, as well as testimony from eyewitnesses and subject matter experts. Assistance from a local personal injury attorney can be critical not only to gathering this evidence, but also to presenting it effectively.
Recoverable Damages Through Civil Litigation
The purpose of a personal injury lawsuit is to pursue compensatory damages—in other words, to seek restitution for specific injuries and losses stemming directly from the defendant’s negligence. Compensatory damages come in two different forms, which are differentiated by how they are evaluated.
Economic damages, also known as special damages, are those that have objective financial value that can be confirmed with documentary evidence, such as medical expenses, property repair bills, and wages lost due to time spent out of work recovering from an injury. Conversely, non-economic damages—or general damages—have subjective value based on a plaintiff’s individual circumstances and may include physical pain, emotional anguish, loss of enjoyment of life, and permanent disfigurement or disability.
In certain situations, a personal injury attorney may be able to pursue punitive damages on your behalf, as per Official Code of Georgia §51-12-5.1. These damages are intended specifically to punish the defendant rather than to compensate you for losses, and are generally only available in cases involving gross negligence, fraud, or intentionally harmful conduct.
Learn More by Speaking with a Roswell Personal Injury Attorney
Personal injury litigation can be hard for any individual accident victim to manage, especially when they are still recovering from serious injuries. If you want to achieve a successful outcome in this kind of case, you will almost certainly need help from someone who has successfully sought recovery in similar cases before.
An experienced Roswell personal injury lawyer could be your strongest and most important ally in the fight to get the restitution you need following your accident. Call today to learn more.