Know Your Rights

Proving Your Case In a Personal Injury Claim

Have you been injured in an accident in which you believe the other party is at fault? If so, it is always a wise move to consult with a personal injury attorney. Determining fault in a liability claim can be complicated, and you must be able to prove your case. The defendant in a personal injury claim can only be held liable if they should have reasonably been able to foresee that their action or lack of action could result in injury to another.

Some of the items which need to be considered in a personal injury claim include:

Duty of Care – Was the injured party acting with reasonable care? Can you show that you were acting with reasonable care and the other party was not?

Comparative Negligence – In Georgia, when both parties in the accident bear some degree of negligence the amount of recovery for damages can be reduced. The official Code of Georgia Annotated 51-11-7 is the Georgia comparative negligence law that only lets the injured party recover for damages if they were found to be less than 50% at fault in causing the accident. If the injured party is found to be 50% or more at fault they can be barred from receiving any compensation.

Multiple Responsible Parties – It is possible that more than one person can be held responsible for cases like a car accident, product liability, medical malpractice, and more. So, depending on the circumstances of the accident or injury, more than one person could potentially be held responsible.

Statutes of Limitation – In Georgia there is a time frame that limits how long you have to file a lawsuit. Different types of personal injury claims have different deadlines. For example you have 2 years to file a personal injury claim after a car accident ( Georgia Code 9-3-33). But there are also exceptions to the statute of limitations in which some counties or municipalities adhere to shorter deadlines.

Let an experienced Atlanta personal injury attorney like Joel Baskin review your injury case. Joel offers a free initial consultation and can let you know how strong your personal injury case is and what you can expect to happen.

Personal Injury Attorney in Cobb & Fulton Counties Serving You

Call Joel Baskin today to schedule your free initial consultation and see what Joel can do for you. Joel has two convenient office locations in Vinings, and East Point and has been helping people for over 17 years in the Atlanta area including Cobb and Fulton counties.

Request a Free Consultation


404 765 0031


770 432 2001

Recent Posts





  • This field is for validation purposes and should be left unchanged.