Marietta Personal Injury Attorneys

When someone gets hurt because someone else was not careful, it’s called personal injury. This can mess up the injured person’s life in big ways. They might have to pay a lot for doctor visits, could lose money if they can’t work, and they might hurt a lot too. Georgia law understands this pain and allows injured folks to ask for money to help with these problems. This is what the law calls seeking “damages.” According to the Official Code of Georgia Annotated (O.C.G.A.) § 51-1-6, if someone else’s mistakes hurt you, you have the right to ask them to fix things.

Georgia law says you have to ask for this help within a certain time. This is what’s known as a “statute of limitations” (O.C.G.A. § 9-3-33). You’ve got two years from the time you got hurt to make your claim. And if it’s about someone’s property that hurt you, the law (O.C.G.A. § 51-3-1) says the owner should have made sure their property was safe. They need to pay for harm done if they didn’t do that right.

At Wetherington Law Firm, we know the law and we fight for you. With experience and hard work, we help you tell your story and ask for the money the law says you should get. We guide you at every step and work to get what’s fair. If you’re hurt and it’s not your fault, come talk to us. Let’s work together to make things right for you.

How a Personal Injury Lawyer in Marietta Can Help You

A personal injury lawyer plays a critical role in helping accident victims navigate the complexities of the legal system to secure fair compensation. Here’s how we can assist:

Guidance Through Legal Procedures: Personal injury claims come with a maze of legal procedures. An experienced attorney knows the ins and outs of the system, from filing a claim to negotiating with insurance companies. They ensure the proper paperwork is completed accurately and deadlines are met, particularly in adherence to the statute of limitations in Georgia.

Case Evaluation and Investigation: A skilled personal injury lawyer will thoroughly assess your case to determine the extent of liability and the appropriate damages to seek. They investigate the accident by gathering evidence, interviewing witnesses, and sometimes consulting with experts to build a strong case on your behalf.

Fair Representation and Compensation: Most people aren’t familiar with the value of their claims. An attorney will evaluate all of the ways in which the injury has impacted your life – including future considerations such as ongoing medical needs or lasting disability – to ensure the compensation you pursue covers the full extent of your losses.

Advocacy in Court or at Negotiation Table: Some personal injury cases require tough negotiation with insurance companies, who often push for the lowest possible settlements. If a fair settlement can’t be reached, your attorney will represent your interests in court, advocating for you before a judge or jury.

No Upfront Costs: Typically, personal injury lawyers work on a contingency fee basis, meaning they only get paid if you win your case. This arrangement allows you to pursue justice without financial risk or strain.

Peace of Mind: Having a legal expert on your side allows you to focus on recovery, not legal stress. An attorney’s support can give you peace of mind in knowing that your claim is being professionally handled.

The Wetherington Law Firm, dedicated to serving Georgia, provides compassionate and competent legal services for those suffering from personal injuries. Trust that with Wetherington Law Firm, your path to justice and recovery is in reliable hands. Get in touch with our team today. 

Understanding Georgia’s Personal Injury Law

What Georgia Law Says About Your Rights: Georgia law allows individuals who have been injured due to someone else’s negligence to seek compensation for their losses. These include medical expenses, lost wages, pain and suffering, and sometimes punitive damages designed to punish the offender.

Navigating Negligence and Fault: In personal injury claims, proving negligence is key. This means showing that the party responsible for your injury had a duty to act safely, failed to do so, and caused your injury as a result. Georgia follows a modified comparative negligence rule, allowing you to recover damages if you’re less than 50% at fault for your injury.

Time Limits for Filing a Claim: Under the Official Code of Georgia Annotated (O.C.G.A.) § 9-3-33, you typically have two years from the date of the injury to file a lawsuit. Missing this statute of limitations could mean forfeiting your right to seek compensation, making timely action crucial.

Our Marietta personal injury attorney versed in Georgia’s laws can be a steadfast ally in your pursuit of justice. The Wetherington Law Firm stands ready to put our expertise to work for you, ensuring that your rights are upheld and that you have the best chance of receiving the compensation you deserve.

Compensations and Damages in Personal Injury Claims

When you file a personal injury claim in Georgia, you may be entitled to various types of financial compensation. These typically include:

Medical Expenses: Covering bills for hospital stays, doctor visits, physical therapy, medications, and required medical equipment.

Lost Wages and Earning Capacity: If your injury prevents you from working, you can recover lost income and potential future earnings.

Pain and Suffering: Compensation for the physical pain and emotional distress you have endured.

Property Damage: Reimbursement for repairs or replacement of any personal property damaged as a result of the incident.

Special and General Damages: Damages are often categorized into ‘special’ or ‘general.’ Special damages are economic losses that are quantifiable, such as medical expenses and lost wages. General damages are non-economic and more subjective, including pain and suffering and loss of consortium.

When Punitive Damages Apply: In certain cases, if the conduct that caused the injury was willful, malicious, or particularly egregious, the court might award punitive damages. These are not meant to compensate the victim but to punish the wrongdoer and deter similar future conduct.

What qualifies as a personal injury in Marietta?

In Marietta, as in the rest of Georgia, a personal injury is broadly defined as any harm that an individual suffers due to the actions, inactions, or negligence of another person or entity. This injury can be physical, emotional, or psychological, and the term encompasses a variety of different incidents. Here are examples of situations that may qualify as personal injury cases:

• Vehicle Accidents: This includes car, truck, motorcycle, bicycle, and pedestrian accidents where one party can be held responsible for injuring another.
• Slip and Fall Accidents: When someone slips, trips, or falls as a result of dangerous conditions on someone else’s property.
• Medical Malpractice: If a healthcare professional provides substandard care that causes injury or worsens the patient’s condition.
• Workplace Accidents: Injuries sustained while on the job, which may include workers’ compensation claims.
• Product Liability: When defective or dangerous products cause injury to consumers.
• Dog Bites: Injuries caused by dog attacks or bites, where the dog owner may be held liable.
• Wrongful Death: Cases in which a person dies as a result of another’s negligent or intentional act.
• Assault and Battery: Intentional acts that cause harm to an individual.
• Premises Liability: Injuries occurring on a property due to the owner’s negligence in maintaining the premises safely.
• Nursing Home Abuse or Neglect: When a resident of a care facility suffers harm due to the actions or negligence of the staff or the conditions in the facility.

How long do I have to file a personal injury lawsuit in Marietta, GA?

In Marietta, GA, as in the rest of Georgia, you typically have two years from the date of the injury to file a personal injury lawsuit. This timeline is outlined in the Official Code of Georgia Annotated (O.C.G.A.) § 9-3-33, which is known as the statute of limitations. The statute of limitations is a legal time limit within which you must initiate legal proceedings.

It is important to note that there are some exceptions to this rule that might extend or shorten this period:

Claims Against the Government: If your injury claim is against a city, county, or state government entity, there are different notice requirements and shorter deadlines you must meet before filing a lawsuit.

Minor Children: The statute of limitations for minors typically does not begin until they reach the age of 18.

Incapacity: If the injured person is legally incapacitated, the limitations period may be tolled, or suspended, until the incapacity is lifted.

Can I still get compensation if I was partially at fault for my injury?

Yes, in Georgia, you can still receive compensation if you are partially at fault for your injury, thanks to the state’s modified comparative negligence rule. However, there are some important details to understand about how this rule affects compensation:

1. Less Than 50% Fault: Under Georgia’s modified comparative negligence system, you can recover damages only if you are less than 50% responsible for the accident that caused your injuries. If you are 50% or more at fault, you are typically barred from recovering compensation.

2. Reduction of Damages: Your compensation will be reduced by the percentage of fault assigned to you. For example, if you are found to be 20% at fault for the accident and the total damages are $100,000, you would be eligible to receive 80% of that amount, or $80,000.

Will my personal injury case go to trial?

Most personal injury cases actually settle out of court and do not go to trial. Various factors influence whether a personal injury case goes to trial, including:

• Complexity and Strength of the Case: If liability is clear and the evidence is strong, insurance companies are more likely to settle to avoid the cost and uncertainty of a trial.
• Dispute Over Fault: If there is a significant dispute over who is at fault, or if multiple parties are involved, the case is more likely to go to court.
• Degree of Injuries: Severe or complicated injuries might lead to larger claims, which insurance companies may contest more vigorously.
• Settlement Offers: If the insurance company or defendant offers a settlement that is too low and does not adequately cover your damages, you might choose to go to trial to seek higher compensation.
• Willingness to Negotiate: Both parties must be willing to negotiate and compromise. If either side is unwilling to budge, a trial is more likely.
• Plaintiff’s and Defendant’s Preferences: Some plaintiffs prefer to avoid the stress and publicity of a trial, while others may want their day in court. Defendants may also have reasons to prefer a settlement.

Navigating a personal injury case on your own can be daunting, and time is often of the essence. Seeking professional legal guidance not only improves your chances of a successful outcome but also allows you to focus on your recovery without the added stress of handling complex legal proceedings.

Our firm is committed to advocating for your rights and ensuring you receive the compensation you deserve. We invite you to book a consultation with us at your earliest convenience, so we can review the specifics of your case, provide you with personalized advice, and map out an effective strategy to secure the justice and support you need to move forward. Let us be your allies in this crucial journey toward healing and restitution.