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Under personal injury law, if you are harmed due to the negligence of another person, you have the right to seek compensation. However, not all cases are worth pursuing. Before moving forward with a claim, consult with an attorney who will determine the best course of action. The legal team at McClure, Ramsay, Dickerson & Escoe, LLP specializes in handling all types of personal injury cases in Toccoa, GA, and explains when to pursue a claim.

What Elements Are Necessary for a Personal Injury Claim

Liability

To show that the case involves liability, you must prove that someone else was directly responsible for causing your injuries. The defendant must have had a duty of care to keep you out of harm’s way and breached that duty, which resulted in you getting hurt. Demonstrating liability is much more challenging than many people realize, but a qualified lawyer will know which evidence is needed to back up the claim.

Damages

personal injuryIt must be confirmed that you suffered a significant loss, or damages, for you to receive restitution for an incident. This comes in many different forms, such as medical bills, lost wages, pain and suffering, legal expenses, and loss of consortium. Each personal injury case is unique, so the damages related to yours may vary.

Ability to Pay

You need to figure out if the defendant can pay should you be awarded a settlement or judgment. Typically, payment will come from insurance coverage, but there may also be out-of-pocket penalties required. If it doesn’t seem likely that you can collect compensation, your attorney may decide not to put the time and effort into filing a claim.

The most successful personal injury cases include each of these elements. Insurance companies, judges, and juries will review the claim carefully to see if all these factors are present before deciding whether they should offer a settlement or award a judgment. Contact McClure, Ramsay, Dickerson & Escoe LLP at (706) 886-3178 to discuss your claim. Visit their website for additional information on their legal services.

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