How to Prove Negligence in Rear-End Collisions in Marietta

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If you have been involved in a rear-end collision, you may be experiencing injury or property damage. These are not incidental issues and may prompt you to consider getting compensation.

If the car accident was caused by another driver, you may be entitled to compensation. This can be financial compensation that can help you deal with the physical and financial implications of an accident, such as medical bills, lost wages, pain and suffering, and property damage.

However, before you can receive compensation, you must prove the legal concept called ‘negligence.’ Talking with a personal injury lawyer in Marietta may help ease your concerns and understand your legal options.

Understand the Law of Negligence in Marietta

Negligence is the legal term that covers the concept that a driver failed to act like a reasonable driver would, given the circumstances. What is reasonable? It is the ideal driver who does everything according to the law.

A reasonable driver would obey traffic laws, use the rearview mirror before backing up, and drive without inflicting injury or property damage. In simple terms, if the other driver was reasonable, you wouldn’t be thinking about negligence, as they would have prevented the accident. 

Learn The Requirements for Proving Negligence in Marietta

Proving negligence can be broken down into four areas. Car accident compensation in Georgia relies on evidence, data, and proof that supports the claim of negligence. 

The other driver had a legal duty to protect you. In Georgia, a reasonable driver has the legal responsibility not to drive into another car. This concept is pretty straightforward. As you probably recall from Driver’s Education classes, drivers should check the rearview mirror before backing up. 

The other driver breached their legal duty in causing a rear-end collision. If you had nothing to do with the rear-end collision, it is likely that the other driver drove into your car. This may have been under various circumstances. For instance, your car was parked in a parking space, and another car rammed into yours. Or, perhaps you were in the middle of the road, making a left turn, and a car did not slow down but drove into your car. 

While the circumstances vary, the issue of negligence remains. The other driver drove into the rear end of your car or truck. 

The rear-end collision caused you harm. This harm varies from minor cuts and bruises to massive injuries such as brain damage, spinal cord damage, whiplash, or a slipped disk. You may have received burns or broken bones. Some rear-end collisions result in psychological trauma, severe injury, or even death.

In addition to physical and psychological damage, your car may have sustained damages. These may be light scratches and dings. Or massive damages that require substantial repair or replacement.

The fourth dimension of negligence is that you require compensation, also known as damages, to pay for your injury. In Marietta, injuries from a rear-end collision may present initially as relatively small but can linger and develop into ongoing issues. For example, herniation or a slipped disk can be the beginning of a permanent injury.

What Does it Cost to Talk With a Personal Injury Lawyer in Marietta?

Talking with a personal injury lawyer to discuss a rear-end collision does not cost anything. Personal injury lawyers are paid when a case settles. This is a customary policy for personal injury lawyers, known as ‘payment on contingency.’ 

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Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
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Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

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