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Personal Injury

Adairsville Personal Injury Attorneys

Filing a Personal Injury Claim in Bartow County

If you have been injured due to the careless, reckless, or negligent conduct of another, Perrotta, Lamb & Johnson, LLC can help. From our office in Adairsville, our personal injury lawyers provide compassionate, personalized legal representation to injured individuals throughout Bartow County and the surrounding areas. We have nearly 100 years of combined experience and have successfully recovered numerous favorable settlements and verdicts for our clients. 

Unlike a lot of attorneys who never see the inside of a courtroom, our team is known for not only trying cases but also recovering the results our clients need to heal and move forward with their lives. Our reputation for aggressive litigation often allows us to secure substantial settlements on behalf of our clients—but we are not afraid to pursue your case at trial if necessary.

Learn how our team can help you with your personal injury claim; call (770) 637-7603 or contact us online to request an initial consultation with one of our attorneys today.

Who Can File a Personal Injury Claim? 

Generally speaking, the Georgia personal injury statute allows you to file a personal injury claim if you were injured as a result of:

  • Negligent or wrongful conduct
  • Malpractice
  • Default

The defendant in your claim can be another person, or it can be a business, corporation, manufacturer, insurance carrier, or some other entity. As the person bringing the claim, known as the “plaintiff,” you have the burden of proof. This means that you are responsible for proving your case.

The burden of proof in personal injury claims—and most civil litigation cases—is lower than the burden of proof in criminal matters. In a criminal case, the defendant must be proven guilty beyond a reasonable doubt. However, in a civil case, the plaintiff need only prove that the defendant was more likely than not to have committed the act or omission that caused the plaintiff’s injury and damages. 

Proving a Personal Injury Claim 

In most cases, there are several key elements you must establish in order to prove your personal injury case. 

These include: 

  • Injury: To have a personal injury case, you must prove that you suffered an injury that led to physical, emotional, and/or financial harm. The economic and non-economic losses you endure as a result of your injury are known as “damages.” 
  • Duty of Care: You will also need to prove that the defendant owed you a “duty of care,” meaning they had some legal responsibility to either take certain actions to prevent injury or avoid certain actions that could cause foreseeable harm, or both.
  • Breach: Another important element of your personal injury claim involves proving that the defendant breached, or failed to uphold, the duty of care. This is most often done by proving the defendant’s negligence and/or wrongful conduct. 
  • Causation: Lastly, you will need to prove that the defendant’s breach of the duty of care was the proximate cause of your injury and resulting damages. In other words, you must prove that you would not have been injured had the defendant upheld the duty of care. 

This list represents a basic outline of the various elements you must prove to have a personal injury case in Georgia. However, depending on the specifics of your situation, you may need to prove additional elements to succeed in recovering compensation for your damages. 

For example, if you are found partly at fault for the incident that caused your injuries, you can only recover compensation if you were 50% or less to blame. Under Georgia’s rule of modified comparative negligence, you cannot file a personal injury claim if your percentage of fault exceeds that of the other involved party/parties. Additionally, if you are found to be between 0 and 51% at fault, your total recovery will be reduced by your percentage of blame. 

How Long Do You Have to File a Personal Injury Lawsuit? 

The amount of time you have to file a personal injury lawsuit is limited by the statute of limitations. The Georgia personal injury statute of limitations is two years, meaning you have just two years from the date of injury (in most cases) to file a lawsuit. If the statute of limitations expires, meaning more than two years pass before you file your claim, the court will almost certainly dismiss your case.

There are some exceptions to the two-year statute of limitations. Even if you believe the filing deadline has passed, we encourage you to reach out to our Adairsville personal injury lawyers to learn more about your legal rights and options. 

What Our Clients Are Saying

  • "Zack Moore Was Very Easy To Work With. 10/10 Recommend!!"
    Lindsay Stieber
  • "Tony Perrotta is an amazing attorney. He makes himself available to help you with any need or concern you have."
    Meleigha Passley
  • "Jason Johnson is the best attorney hands down in our book! We have had several attorneys in Bartow to handle our situation with custody. He knew exactly what to do/say. He was always answering our ..."
    Amanda Evans
  • "I can’t thank Jason and his staff enough for what they’ve done for me. I am very grateful for them and couldn’t be happier with my decision to have them represent me."
    Anthony Costello
  • "Mr Anthony Perrotta and Mr Greyson Oswalt-Smith are the absolute best! I absolutely cannot recommend them enough, they jumped on my case from day one, gave me updates every step of the way and truly made me feel like they were there specifically for me and"
    Tim Vandyke

How Our Personal Injury Lawyers Can Help

At Perrotta, Lamb & Johnson, LLC, we have extensive experience handling all types of personal injury matters on behalf of clients throughout Bartow County and the entire state of Georgia. Our team is here to guide you through the process, protect your rights, and seek the maximum possible compensation you are owed.

Our firm handles a variety of personal injury matters, including but not limited to:

We understand the challenges you are up against, and we know how to help. Our attorneys offer compassionate, client-focused legal representation and aggressive advocacy in and out of the courtroom. We are focused on obtaining the results you need so that you can focus your energy on healing and moving forward with your life.

Get in touch with us today at (770) 637-7603 or contact us online to discuss your case with one of our personal injury lawyers in Adairsville. Hablamos español.

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