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Personal injury law is intentionally broad, giving victims injured by someone else’s actions the right to seek compensation for their damages. In addition to traffic collisions and other accidents, this includes injuries that result from intentional acts of malice. While negligent and intentional personal injury claims have a lot in common, there are important differences you should understand before taking legal action.

Negligent & Intentional Personal Injury Claims

Injuries Caused by Negligence

After an accident, a successful personal injury claim rests on proving that your damages were caused by someone else’s negligence. For instance, another driver may have been violating the rules of the road, or a business owner may have neglected to fix unsafe conditions on their property.

Accident victims in these situations may be eligible to recover compensation for a wide range of damages, including medical expenses and any wages lost as a result of injuries. Depending on the circumstances of the case, an attorney may also demand compensation for non-economic losses, such as pain and suffering, trauma, and the impact on the victim’s quality of life.

Intentional Injury Suits

personal injuryAny intentional act that causes harm can provide grounds for a personal injury claim. This includes assault and battery, harmful contact, or intentionally holding someone against their will. Because these suits are tried in civil court, they have a much more lenient standard of evidence than criminal cases, so you may successfully file a claim even if prosecutors decide not to file charges.

Due to the nature of these cases, juries tend to give victims higher awards for emotional distress and other non-economic damages. Many states, including Georgia, also allow victims to demand punitive damages, which are additional amounts intended to punish the liable party. Georgia law has no limit on punitive damages in cases based on malicious or intentional damage, although 75% of the amount ordered goes to the state.

 

Whether you’ve been involved in an accident or injured due to someone else’s malice, the attorneys at Smith & Tabor Attorneys at Law are ready to fight for your rights. Their personal injury attorneys have been serving victims and their families throughout Stephens, Habersham, Franklin, Rabun, and Hall counties since 1985, providing compassionate, effective service to those who need it most. Visit their website to learn how they can help or call (706) 886-5141 to arrange a consultation with an attorney today.

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