Atlanta Personal Injury Attorney
If you’ve been injured due to someone else’s recklessness or negligence, you may be able to file a legal claim. This area of law is called personal injury law. Most personal injury lawsuits arise from injuries sustained in accidents, such as Atlanta car accidents, amusement park accidents, slip and falls, defective products, and other types of negligence.
Why You Need an Atlanta Personal Injury Attorney
If you or a loved one was harmed due to negligence and believe you may have a claim, don’t hesitate to reach out to Williams Oinonen LLC. Our attorneys have experience handling all types of personal injury claims and will do everything in their power to ensure you get the justice you deserve. Contact an Atlanta personal injury attorney today for a consultation by filling out our online form or calling (404) 654-0288.
Statute of Limitations
Most personal injury cases have a statute of limitations of two years in the state of Georgia. This means you must file a lawsuit within 2 years from the date of the injury, or you’ll likely lose out on any compensation you otherwise would’ve been entitled to.
In some cases, the statute of limitations is extended. For example, if the victim is under the age of 18 or is considered legally incompetent, the timeline is different. Because of the complexities in personal injury cases and the important deadlines that must be dealt with in a timely manner, it’s always a good idea to contact an experienced attorney right away.
In Georgia, you can generally recover the following types of damages in personal injury cases:
Economic damages include anything that can be objectively quantified, such as monetary losses. The most common economic damages include:
- Medical expenses – If you’re successful in a personal injury claim, you can typically recover all medical expenses that result from the injuries you sustained. This might include hospital bills, emergency transportation services, co-pays, prescription medications, rehabilitation, and any other care or treatment you need in the future as a result of the injury you sustained.
- Lost wages – Lost wages include the amount of money you missed out on earning due to the time you had to take off of work due to the injury.
- Property damage – If you were in a car accident and sustained injuries, but your car was also damaged, you should be entitled to recover monetary compensation for the damages to your vehicle and anything else that was inside the vehicle that was damaged during the accident.
- Lost earning capacity/Lost benefits – If your injuries are so severe that you’re unable to return to work, you can be compensated for the income you would’ve earned, as well as the benefits you would have earned as well, including vacation time, retirement funds, and health insurance. Additionally, if your injuries allow you to return to work part-time or at a position where you aren’t able to earn as much money, you can recover compensation to bridge that. In Georgia, there is no cap on the amount of economic damages that a victim can be awarded.
Non-economic damages are damages that can’t be objectively quantified into a monetary amount. Common examples of non-economic damages include emotional distress, pain and suffering, inconvenience, loss of enjoyment of activities, loss of consortium, and stress and anxiety. Calculating what a victim is entitled to in regard to these types of damages is difficult because it’s so subjective. In a personal injury case, it is the job of the judge or jury to decide what these damages should be.
This means that one person who suffers the exact same non-economic injuries could receive substantially less than someone else, depending on the individuals on the jury. In Georgia, there is no cap on the amount of non-economic damages that a victim can be awarded. The damages you are able to recover can differ if you are dealing with an Atlanta wrongful death case.
Punitive damages are awarded as a way to punish a defendant rather than compensate and attempt to make the victim whole. Additionally, the goal is to deter the defendant and others from behaving in a specific manner in the future. To be entitled to punitive damages in the state of Georgia, the defendant must be guilty of more than just negligence. Punitive damages are only awarded when the defendant’s conduct was reckless or intentional. Additionally, the defendant must have acted in some manner. Inaction, even if it injures the victim, does not give rise to punitive damages.
- Generally, there is a cap of $250,000 on punitive damages in Georgia, except for the following exceptions:
- Product liability – there is no cap. However, the defendant must give 75 percent of the punitive damage award to the state after reasonable attorney fees and litigation costs have been paid.
The defendant acted with the specific intent to harm the defendant.
- The defendant was under the influence of drugs or alcohol, but not drugs that were legally prescribed.
How to Win
In order to be successful in a personal injury claim in Georgia, the defendant must prove the following elements in court:
- The defendant owed them a duty of care;
- The duty of care was breached;
- The breach caused the injuries; and
- The victim suffered damages and losses as a result of the injury
For example, anytime someone is driving, they owe a duty to other drivers to be cautious and attempt to keep others on the road safe. If a driver is texting or is under the influence while operating a vehicle, they’ve breached this duty of care to all the other drivers on the road.
Williams Oinonen LLC Has Over a Decade of Experience
The Atlanta personal injury attorneys at Williams Oinonen LLC are dedicated to ensuring you get everything you’re entitled to if you’ve been the victim of someone else’s negligence. We pride ourselves in treating all of our clients like they’re the most important person in the room – and that’s because they are.
As a boutique firm, we are selective in regards to the cases we take. This means you will always have our full attention. You will never wonder what’s going on with your case because you will have constant access to an attorney who will keep you updated on its status. We treat all of our clients the same way we would want to be treated if we were in a difficult situation. Contact our lawyers today for a consultation by filling out our online form or calling (404) 654-0288.