Many people believe that claiming their legal right to compensation after a personal injury accident is simple and straightforward. Unfortunately, as a Moultrie personal injury lawyer knows, things are far more complicated in real life.
You have to overcome a series of obstacles until your insurance claim is approved and you obtain fair compensation. These are the obstacles which a skilled attorney makes much easier to get over:
1. Proving Fault
In personal injury cases, the plaintiff has the burden of proof with regard to four key elements:
- The at-fault party owed them a duty of care
- They breached their duty through negligence, leading to the accident
- The accident caused your injuries
- The injuries resulted in economic damages
Moreover, the state of Georgia follows a comparative negligence principle in personal injury cases. This means that you have to prove that you were less than 50% at fault for your accident in order to have the right to seek damages.
2. Obtaining Evidence
In complex cases, a lawyer must use their professional license to access various types of evidence, such as:
- A driver’s phone call log to prove they were texting and driving
- A property owner’s history of premises liability lawsuits filed by other plaintiffs
- CCTV camera footage from traffic cameras or surveillance systems installed on business or residential properties
- Expert witnesses, such as medical experts and accident reconstructionists.
Many of these types of evidence are not accessible to an individual. Or in the case of expert witnesses, you may not know who you need to hire to help you prove your case.
3. Evaluating Current and Future Damages
As your Moultrie personal injury attorney will explain to you, there is only one chance of recovering damages after an accident. This means that you have to list all your eligible damages – not only present but also future.
For example, when someone suffers catastrophic, life-changing injuries, they have the right to obtain compensation for:
- Future medical care – surgeries, prescription medication, various therapy
- Loss of future wages
- Loss of earning capacity
- Costs with nursing care
- Costs with assistive devices (walking frame, wheelchair, prosthetic arms/legs)
The lawyer will also evaluate your non-economic damages for pain and suffering, based on the overall impact of the injuries and the disabilities on your life from now on.
4. Negotiating with the Insurance Company
Negotiations with the other party’s insurer represent probably the most difficult part of a personal injury case. You will be faced by a trained and experienced adjuster, whose job is to dismantle your case and deny your claim.
They use a whole range of tricks, such as:
- Making you admit fault or contradict yourself
- Persuading you that you don’t have a valid claim
- Determining you to accept a lowball settlement offer
- Delaying the final decision until the statute of limitations (2 years after the date of your accident) nearly expires
An experienced lawyer knows all these tricks and has proven methods to counter them and obtain a fair settlement.
5. Representing You in a Lawsuit
Although most personal injury cases settle, there are situations when you will have to sue the at-fault party. In this case, their insurance company is obliged to defend them. And you can be sure that they will bring a seasoned lawyer to tear down your case and cast doubt on every piece of evidence.
You will need an equally seasoned legal defender to advocate for you and present credible legal arguments in your favor.
Schedule a Free Case Evaluation with a Skilled Moultrie Personal Injury Lawyer
Fighting a legal battle on your own is very difficult and stressful. And, in the end, you will rarely get a fair settlement amount to cover all your damages without an attorney.
If you suffered injuries due to someone’s negligence, your best choice is to gather all the evidence you can and bring it to an experienced Moultrie personal injury lawyer at Joe Durham Jr., PC. We offer each new client a free case review, so call us today at 229-210-6226!
