It is not uncommon to find headlines that show a settlement amount for personal injury cases. Do you wonder what happened that resulted in this amount of compensation? Moreover, if you find yourself suffering from injuries due to someone’s negligence, what is your case worth? The answer is to contact our Fayetteville personal injury attorneys.
Here is all you need to know about the worth, estimates, and laws behind personal injury cases in Fayetteville.
How Much Is a Personal Injury Case Worth?
According to government statistics, 95% of personal injury lawsuits resolve before ending up in trial in the court, and most are settled through informal agreements between both parties. However, if your personal injury complaint doesn’t end through a mutual settlement, it is important to be aware and understand the extent of the financial compensation you are rightfully owed.
The value of your compensation should be calculated, including all your medical expenses, physical therapy, future checkups and treatments, loss of wage, loss of working ability, and also extra help that you may need to hire at home, and the final claim amount should be filed in accordance.
It is important to note that this original value is then multiplied based on the severity of the case. As a general rule of thumb, for cases with moderate severity and inflicted injuries, this base amount is multiplied by 1.2–2 for the compensation to be claimed. The base figure can be multiplied by 4-5 for severe injuries.
For cases where the personal injury also had severe effects on the conscience, essentially a shock, the base figure be multiplied by up to 10 times. This is mostly the case in drunk driving and similar incidents.
Note: It is important to note that the state of Georgia functions on modified “comparative negligence,” which means if you were 50% responsible or more, you can’t recover compensation. If you were only 20% at fault, your compensation will be reduced by 20%.
What Does Personal Injury Mean, Legally?
While we all know what a personal injury entails in our daily lives, we often misunderstand the legal definition and niche when it comes to a personal injury case. Before you begin to assess how much a personal injury case is worth in Fayetteville, Georgia, it’s important to revisit your understanding of what qualifies as a “personal injury.”
According to the law, any action from another person or an enterprise that harms another person or entity is “personal injury.” Personal injury is mostly attributable to the breach of due diligence, carelessness, and disregard for the safety of others, essentially cases of negligence.
Personal injury is not equivalent to crimes or deliberate action stemming from malice.
Thus, a case of personal injury is not equivalent to criminal action and is often treated separately from a criminal case. Here are some examples of personal injury that you may experience in your daily lives-
- Medical malpractice and negligence
- Dog bite
- Product liability
- Motorcycle accidents
So if you find yourself suffering from food poisoning after eating at a restaurant or slipping and falling on a wet supermarket floor, you can identify yourself as a victim of personal injury and move ahead with the necessary actions for compensation.
What Is a Personal Injury Lawsuit?
More commonly, personal injury cases are settled informally without filing a lawsuit if both the parties are cooperative and find a middle ground. Such informal settlements do need written proof with details of the settlements with the attestation of both the parties.
However, if you find yourself affected in a personal injury case, you can also file for financial compensation from the person or enterprise through a personal injury lawsuit. You should start by filling the “summons” and “complaint” documents in the respective court.
After filing a lawsuit, you will be represented by a personal injury lawyer for a legal proceeding in a civil court. During the proceeding, the “plaintiff,” that is, the victim, has to legally prove that the “defendant,” has inflicted harm on them due to negligence. The court will then decide the claim’s validity and move ahead with a proper compensation order.
What Are the Things to Consider While Filing a Personal Injury Lawsuit?
Here are some important things you need to do to help your personal injury case.
File Your Lawsuit by the Deadline
According to Georgia’s statute of limitations, your lawsuit should be filed within a maximum of two years from the incident to be considered valid. The court will not consider any lawsuit filed later than two years. Three years may seem like a lot of time in hand, but the later you claim your compensation, the weaker your case gets; the court may find it difficult to overlook your delay in reporting the incident.
Have Your Valid Medical Assessments Ready
Medical treatment is the first step that every personal injury requires, irrespective of its nature. No matter when the incident took place and how long ago you got treated, be sure to have the medical assessments and the bills ready for the lawsuit. These assessments will provide a strong ground in claiming compensation for your injuries and subsequently recovering your medical bills.
This is best done immediately, as there is a chance of losing evidence if you wait for too long. Having valid evidence, such as pictures and videos from the scene or your injured areas, people who witnessed the incident, or CCTV recordings, will strongly support your claim.
Call Wade Law to Speak With a Fayetteville Personal Injury Lawyer
Filing a personal injury lawsuit and getting your damages compensated is not easy. It is both exhaustive and time-consuming, especially if you plan on doing it yourself. It is best to seek legal advice from an experienced Fayetteville injury attorney at the beginning of your claiming process to avoid mistakes and guarantee a positive outcome.