It may help to speak to an injury lawyer in Atlanta at Shane Smith Law if you’re considering filing a personal injury claim for negligence in your wreck or accident. It’s important to know and go over the defenses you may be facing in court. Doing so will allow you and your lawyer to adequately prepare and build your case. 

Consider these commonly used personal injury claim defenses: 

  • You were at fault – at least partially. Many times, defendants will claim that some action or inaction on your part contributed to the injury. Maybe it didn’t directly or completely cause the accident or injury by itself, but it played a part. If this is found to be true, it could cut down on the compensation you are awarded.
  • You assumed the risk. Essentially, this means you knew what you were getting into. You voluntarily participated in an activity that was potentially dangerous, and you were aware of the hazards involved.
  • You didn’t establish all the elements of negligence. To prove the other party was negligent and at fault for your injury, you must prove five things: duty of care, breach of duty, cause in fact, proximate cause and damages. 
  • You failed to file your personal injury claim on time. In Georgia, you only have two years after the date of injury in which to file your claim. 

For help defending yourself in a personal injury claim, enlist an injury lawyer in Atlanta. Call 770-HURT-999 or 404-513-5415 to contact the Law Offices of Shane Smith today, and be sure to read our free book, 10 Mistakes that can Ruin your Georgia Wreck Case, to learn more about filing a successful wreck-related injury claim.

Shane Smith
Advocate for the Seriously Injured in Georgia
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