According to HG.org, many lawsuits that occur in the United States are related to accidents or personal injury cases. Yet these cases can cover a broad spectrum of issues, so sometimes it might be hard to know exactly what to do if you should find yourself in this type of situation. Navigating the time following an accident or injury can be difficult, so we’ve outlined some topics that are worth discussing in this instance: common misconceptions that people have when it comes to dealing with personal injury cases.
The victim is not entitled to pursue a claim if they hold partial fault
A common misconception that people hold regarding personal injury claims is that they might not be entitled to pursue a claim if they hold any fault, but that is not always the case. Georgia follows a modified comparative negligence model. According to Georgia state law, “[n]egligence on the part of the plaintiff does not prevent recovery of damages provided the plaintiff’s fault is less than 50%.” So even if you feel that your own actions might have played a part in the incident, do not let that prevent you from getting legal guidance on the matter, especially if your injury is the result of another party’s negligence.
- There is only one type of personal injury case
There are actually many different types of personal injury cases that span anything from car accidents to dog bites, usually involving at least two or three parties. Due to these factors, a knowledgeable attorney is needed to guide you through this complex process. No matter the context, our team of attorneys will know how to navigate your situation with you so that you get the justice you deserve. Personal injury cases are anything but simple and can occur in a variety of contexts, so that is why you need a knowledgeable team on your side during this time. - Victims should not involve insurance companies
Sometimes victims mistakenly believe that they should not involve insurance companies in the personal injury claim process. This is not true; insurance companies are very much involved in these types of cases, if only to offer the victims the lowest amount of money they can. Yet with an experienced team fighting in your corner, you don’t have to settle for what the insurers offer you–you can get the compensation to which you are entitled.
- Experiencing an injury does not mean that a victim is automatically entitled to a claim
Sometimes people believe that merely the circumstance in which an injury is sustained is grounds for a personal injury claim. There is, however, more to this idea. In order to be entitled to a claim, a victim must prove existing negligence on the defendant’s part. For example, if a hotel customer slips and falls in a hotel lobby, the customer must be able to prove that the hotel, management, or staff were negligent in their duties and that their sustained injuries are due to this particular negligence. - A claim can be filed at any time
Many times, claims have a statute of limitations that prevent them from being filed after a certain amount of time has passed to ensure integrity of evidence. It is important to know what time period applies in your area so that you can get the justice you seek and rebuild your life. According to the state laws in Georgia, a victim has about two years to file a personal injury claim in the state. Filing during this time is crucial when it comes to getting the fair compensation you deserve for your injury. - Personal Injury cases are usually simple in nature
Personal injury cases are usually quite complex due to negotiations, mediation, and even the possibility of trials. There are also usually several parties involved, ranging from insurance companies, to employers and property owners. With so many factors at play, it might be hard to know how to proceed, especially if you are recovering from injuries or experiencing financial hardship as a result of your injuries. Yet at The Nick Schnyder Law Firm, we have an experienced team who knows how to navigate this challenging time so that you get the compensation you need. - Personal Injury cases always go to trial
While many personal injury cases do in fact go to trial, in several instances the settlements are reached out of court. Even if your case settles out of court and you do not require a trial, our team will negotiate with insurers and employers on your behalf so that you get the compensation you deserve. Whether your case includes a trial or mediation, you can rely on our team at The Nick Schnyder Law Firm to get you the results you deserve.
The Takeaway on Personal Injury Claims
Now that we’ve outlined–and debunked–some major misconceptions regarding the nature of personal injury cases, you now know what to look out for if you do find yourself in this type of circumstance. But you need to know that you don’t have to navigate this alone; we’re here to help you through this challenging process. As we’ve mentioned, personal injury cases are, by nature, complex and difficult. That’s why it’s so important to have a dedicated team of professionals who know how to fight for your rights so that you can get the compensation you deserve following a personal injury.
We are ready to fight for you if you’ve sustained an injury following an accident. If you are hurt or injured in a car wreck, the team at the Nick Schnyder Law Firm is here to help you and ensure that you get the maximum compensation for your injury. During your free consultation, we will discuss the details of your case and explain the available options. Fighting for our clients’ rights is our major priority. We will stand with you from start to finish until you receive the compensation and medical care you need.
Are you ready to get started? Contact our offices today for a consultation on your case–Nick Schnyder the Injury Fighter is here to fight for you.