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TO File a lawsuit or not... That is the question

Things to Consider before you file a lawsuit

There are many factors that you and your attorney must consider before you decide to file the lawsuit.


  1. Is the offer enough to cover your medical bills and some money for pain and suffering?
  2. Have you made many claims in the past?
  3. Have you injured the part of the body you injured in the accident before the accident?
  4. Are you ready for a long process before you get your settlement?
  5. Are there extraneous circumstances that make it more advantageous to file?


There are many other factors we can advise you on which will assist you in making a decision.  

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WHAT TO EXPECT IF YOU FILE A LAWSUIT

The Process can be long and tough

Filing a lawsuit because of another person's negligence can be frustrating and overwhelming, but we're here to ease the mystery and fear of active litigation. 


Filing is never easy for the client and in a perfect world we wouldn't have to, but the reality is, some of the cases we handle will have to be filed. We prepare each case as if it will be heard by a jury, but we always hope that the insurance company settle without putting our clients through the drawn out process of litigation. 


Some tips that may be helpful to all clients, whether or not their injury case turns into a lawsuit. 


1. Keep all receipts from your doctors visits or from your health insurance. 


2. Stay off social media of any kind during your case.


3. Be prepared to remember everything and anything related to your injury and accident.

 

4. Understand that much of your past will be brought up.


5. Everything you tell your attorney is confidential, so please tell him or her everything so they are not                                             caught off guard or without a defense/objection to the issue. 


6. Stay calm as the process can be a long and arduous one.  

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HOW TO PROVE NEGLIGENCE

You Must Prove the Five Steps of a Negligence Claim

 1.  Duty

  • This is the duty of care is a legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeable harm others.  


2.  Breach 

  • Breach of the duty of care to act as a reasonable person to avoid harm. 


3.  Actual Cause / Cause in Fact 

  • The actual cause that flows from the accident. Example: The cause of the accident and injury is the car hitting the other vehicle.


4.  Proximate Cause 

  • The proximate cause of an injury is the primary cause, or that which, in a natural or continuous sequence, unbroken by any efficient intervening cause, produces the injury and without which the accident could not have happened. 
  • Best way to think about proximate cause is if the harm done would be a foreseeable consequence to the action. An accident happening when you run a red light would be a foreseeable consequence of this action. 


5. Damages 

  • Injuries the victim suffered, including hospital bills, doctors bills, lost wages, mileage to and from doctor visits (special damages or economic damages). 
  • Pain and suffering, loss of enjoyment (general damages or noneconomic damages). 

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Contact Us

Call today to schedule your free consultation

Blair Law, LLC

1081 Cambridge Square, Suite D, Alpharetta, Georgia 30009, United States

Phone: 770-769-5099 Fax: 404-393-2227

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