Dallas, GA Personal Injury Attorneys

Personal Injury Claims in Paulding County

If you were injured in an accident or otherwise harmed by the negligent, wrongful, or reckless conduct of another, you deserve justice. At Perrotta, Lamb & Johnson, LLC, we represent clients in Dallas, GA and throughout Paulding County who have suffered severe physical, emotional, and financial harm in all types of accidents and traumatic events. 

Our personal injury practice includes cases involving: 

• Car accidents 
• Motorcycle accidents 
• Truck accidents 
• Nursing home injuries 
• Premises liability 
• Wrongful death 

No matter how serious your injuries or complex your situation may be, you can rely on our attorneys to aggressively represent your rights, including your right to a fair recovery. Our goal is to maximize your compensation so that you can get back on your feet and move forward with your life. 

Get in touch with us today at (770) 637-7603 or contact us online to learn how we can help you with your personal injury claim.

How Long Do You Have to File a Personal Injury Claim in Georgia? 

In Georgia, the statute of limitations—or filing deadline—on nearly all personal injury lawsuits is two years from the date of injury or the date on which the injury was discovered. This means that you typically have just two years to file your claim in court. If you fail to bring your lawsuit before the statute of limitations expires, the court will most likely dismiss your case, and you will be unable to sue the liable party for damages.

It is important that you act quickly so that you don’t lose your right to a fair recovery. While you have two years to file your lawsuit, you likely have far less time to file your insurance claim after an accident or injury. Most insurance policies require you to bring your claim within several days to a couple of weeks at most. 

The sooner you reach out to our team at Perrotta, Lamb & Johnson, LLC, the sooner we can begin investigating your claim, gathering evidence, and negotiating with the insurance company on your behalf. If necessary, we are fully prepared to use our extensive resources and experience to advocate for you in the courtroom. 

How to Prove a Personal Injury Claim 

As the person bringing the personal injury claim (known as the “plaintiff”), you have the burden of proof. This means that you are the one responsible for proving your case against the defendant, not the other way around. 

To prove your personal injury case, you must prove that you were injured due to at least one of the following: 

• Negligence 
• Malpractice 
• Default 

Most personal injury claims—including most motor vehicle accident cases, slip and fall cases, and other common injury claims—are brought on the grounds of negligence. 

To prove a negligence-based personal injury claim, you will need to prove each of the following: 

• The defendant had a legal responsibility to act in a certain way and/or avoid certain actions to prevent foreseeable injury or harm (“duty of care”) 
• The defendant failed to uphold this legal responsibility (“breach”), either through negligent or wrongful act or omission
• The defendant’s negligent or wrongful act or omission caused your injury, leading to measurable damages for which you can be compensated

Additionally, if you are found to be partly at fault for the incident that led to your injury, you will need to prove that you were no more than 50% at fault. Under Georgia’s rule of modified comparative negligence, you cannot file a personal injury claim if you are found to be more than 50% at fault for the injury-causing event. 

Modified comparative negligence also reduces your recovery by your at-fault percentage. So, if you are found to be partly at fault but not more than 50% at fault, you cannot recover the full amount you are seeking in damages. For example, if the insurance adjuster assigns you 25% of the blame for the incident that caused your injury, you can only recover up to 75% of the total amount you are seeking in damages.