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Cumming Personal Injury Attorney

If you or a loved one recently suffered an injury, you need a reliable Cumming, GA personal injury lawyer to represent your interests in court. Contact our team today to schedule a free consultation with one of our attorneys. After we review the details of your situation, we can let you know what type of compensation you can expect from a lawsuit. Kaufman Law, P.C. has more than 40 years of experience representing our clients in all types of civil claims in the Atlanta metropolitan area.

Cumming, GA is the county seat of Forsyth County and home to about 100,000 residents across all the unincorporated areas surrounding the city of Cumming. As part of the Atlanta metropolitan area, residents of Cumming contend with traffic congestion and the hazards of the workplace every day. When car accidents, workplace injuries, traumatic brain injuries, dog bites, or other personal injuries occur, the injured victims need a reliable Cumming, GA personal injury lawyer to secure compensation for their damages.

Elements of a Cumming, GA Personal Injury Lawsuit

Personal injury law relies on the concept of negligence. Negligence in the legal world describes one party’s failure to uphold a duty of care in a given situation. “Duty of care” refers to the average adult’s responsibility to take reasonable steps to prevent injuries in a variety of situations. Different situations involve different degrees of duty. For example, a school bus driver has a higher duty of care on the road than a driver in a car alone because the bus driver is transporting children. When one party violates the duty of care for a given situation and causes injuries to another party, the at-fault party is liable for the victim’s damages.

A plaintiff in a personal injury lawsuit must build a strong case to secure compensation through a settlement or lawsuit award. This typically involves proving four elements of negligence in court:

  • The plaintiff has to prove that the defendant in the case owed the plaintiff a duty of care at the time of the situation in question. For example, a driver has a duty to follow the traffic laws and operate his or her vehicle at reasonable speeds.
  • Next, the plaintiff has to show the court how the defendant breached this duty of care. Following the previous example, a driver who is using his or her cell phone while driving is not paying full attention to the road and causes an injury.
  • The plaintiff must provide sufficient evidence to prove the extent of his or her losses following the defendant’s breach of duty. This could include documentation like medical reports, hospital bills, and the police report from the incident in question if one exists.
  • The plaintiff’s attorney must be able to prove the plaintiff’s damages would not have occurred but for the defendant’s negligence or did not occur due to some other cause.

Different types of personal injury claims will entail different avenues of compensation for plaintiffs. For example, an employee who suffers an injury at work due to a previously reported but unaddressed safety issue will have the option of filing for workers’ compensation, but these benefits will likely only cover part of the victim’s damages. If the employee’s employer was negligent in handling the known safety issue, the employer faces liability for the employee’s damages.

Winning Your Personal Injury Case

Personal injury law may seem simple, but these cases can quickly evolve into complex legal battles involving expert witnesses, counterclaims, and additional complications. They are also time-consuming, and many personal injury lawsuits take weeks, months, or even years to reach their conclusions. The right attorney cannot only speed up this process, but he or she will likely uncover channels of compensation that the average person with no legal training would likely overlook.