Contact

How can we help?

Attorney

Rome Personal Injury Lawyer

Personal injury law can be difficult to understand. Georgia’s legislature has passed no laws defining how an injured person can collect damages from the at-fault party.

Instead, one must look to the common law for guidance. Common law, simply put, is built from decisions made by courts over a period of time, which that court will follow in the future.

As a result, core concepts of personal injury law, such as the definition of negligence, are defined through Georgia’s court rulings.

Our firm’s Rome Personal Injury Lawyers work with clients who have been injured through the negligence of others to fight for fair compensation for their injuries.

Common Personal Injury Claims

The vast majority of personal injury cases are the result of another person’s carelessness. While a plaintiff may certainly be injured as the result of a defendant’s intentional act, assault for instance, most personal injury cases arise as the result of accidents. Common examples of these accidents which a Rome injury attorney can assist with include:

In any of these cases, the plaintiff must be able to demonstrate that the defendant was negligent and thus caused their injuries.

Negligence is a core concept in personal injury law and can be simply defined as when a person has a legal responsibility to protect others, and as a result of failing in that responsibility, the protected person comes to harm.

However, the defendant may argue that the plaintiff was just as responsible for the accident. This is known as the contributory negligence defense and should be addressed with the assistance of a Rome personal injury lawyer.

Role of Contributory Negligence

In many jurisdictions, including Georgia, a defendant may argue that the plaintiff was just as responsible for the accident occurring as the defendant himself. This is known as contributory negligence.

In GA Code 51-11-7, it states that, “If the plaintiff by ordinary care could have avoided the consequences to himself caused by the defendant’s negligence, he is not entitled to recover.”

In other words, if the plaintiff is at least 50 percent responsible for the accident, the law will not hold the defendant liable. However, if the defendant is found to be 75 percent liable, he will be responsible to pay for 75 percent of the damages in the case.

Statute of Limitations

Perhaps the most important aspect of personal injury law to keep in mind is the statute of limitations. These are gateway statutes that may allow a court to outright dismiss a claim if they are not followed. In short, they are a time limit within which a case must be filed at court.

For cases involving only losses to personal property, this limit is four years from the date of loss according to GA Code 9-3-32. Plaintiffs have only two years to file a suit for all cases alleging personal injury under GA Code 9-3-33.

Time is of the essence in all personal injury cases; contact our firm today to ensure that the statute of limitations is met.

How a Rome Personal Injury Attorney Can Help

When a person is injured in an accident, they may think that the insurance companies are there to help. However, the defendant’s insurance company’s goal is to pay out as little as possible, even when their client is at fault.

They understand the legal theory of contributory negligence and may attempt to strong-arm people by convincing them that the accident was more their fault than the defendant’s.

Our firm has extensive experience dealing with insurance companies, and will work hard to show that the other party’s actions were the true cause of the accident.

By compiling thorough and aggressive demand packages that consider all of the evidence in the case, most claims are settled quickly without the need for a trial.

However, in cases where a trial becomes necessary, our firm’s litigation team will stand by your side every step of the way and present your case to the jury with force and clarity. There is a limited time to file a claim for personal injury in Georgia so do not delay; contact our firm’s Rome personal injury lawyers today.