Personal Injury

When it comes to personal injury cases in Atlanta, it can be difficult to understand whether you (or a loved one) has a strong case or not. While you can’t always predict if your case will reach a successful settlement, you can look at a number of factors which can support your claim and, therefore, increase your chances of success.

• You sought medical attention soon after your accident. Your medical records are crucial pieces of evidence in your claim, and having proof of your injuries can boost your claim.
• You have access to witnesses who were in the area at the time of your accident. Proving causation and a breach of care in an injury claim will require hefty evidence, and witnesses can provide a great benefit to your case.
• You were not at fault for your accident. Because of Georgia’s comparative negligence laws, being more than 50% negligent for your injuries could cause you to lose your settlement entirely.
• You have a police report to support your claim. Police officers often give an account of what they observe at the accident scene, including who seemed to be at fault for the accident.

A personal injury refers to an injury sustained to someone’s physical, emotional or mental state that is caused by another individual and/or organization’s negligence or recklessness. A claim could also arise from breaches of privacy that damage one’s reputation, employment, investments, and more. There are many different types of personal injury cases.

Here are two of the most common cases we see in our Atlanta office:

• Car Accidents. One of the most common is a car accident claim. Car accidents can occur because of distracted driving, impaired driving, someone acting recklessly, or another factor. Auto accident claims are often more clear-cut, as there is usually a negligent driver. For example, if one of the drivers was on his or her phone and crashed into another car, the court would likely find him or her liable. We also handle truck accident, motorcycle accident, bicycle and pedestrian accident claims.
• Wrongful Death. When someone passes away due to the negligence and/or recklessness of another individual or organization, the family members left behind may seek compensation for their loss. Visit our Atlanta wrongful death page to view the several types of compensation available to grieving families.

When you suffer an injury in an accident that was not your fault, you may wonder when you should obtain the services of a personal injury attorney in Atlanta, GA. The answer is you should hire a personal injury attorney as soon as possible following your accident – filing your insurance claim or lawsuit quickly will help you receive the compensation you need to recover sooner. An Atlanta personal injury attorney can provide numerous benefits to your claim.

Your attorney can help protect you from lowball offers from insurance companies after your accident. Since it is not in the insurance company’s interest to pay you a maximum settlement, an adjuster may visit you early on and offer you a settlement. This settlement will likely be much lower than you need to recover.

Proving your claim will require an in-depth investigation and a review of all evidence related to your accident. You may not have access to these pieces of evidence on your own. However, when you hire a personal injury attorney in Atlanta, GA, he or she will have the resources and the manpower necessary to conduct a comprehensive investigation on your behalf.

Many claims settle outside of the courtroom. When you enter into these settlement agreements, you will have to negotiate with the insurance company or defense attorney for compensation that covers your injuries. Your lawyer can help you calculate your damages accurately before you enter negotiations. In addition, your attorney has the negotiation skills necessary to represent your interests at this table.

Many kinds of injury cases exist, from car accidents to those involving defective products or conditions on another party’s property. No matter how an injury occurs, it is important for a person to understand for a person to understand the legal processes that follow and how they may affect grounds for a personal injury case. If you believe that someone else is legally responsible for your injuries, the following steps can be used to protect your potential claim.

1. Find out if your injuries are covered and, if so, by whom.

If you sustained injuries in an accident, you first step will be to investigate and determine if insurance can cover your injuries. In some cases, this will be simple. All Georgia drivers, for example, are required to carry insurance with minimum amounts of coverage. Business owners and homeowners are similarly beholden to carry such policies.

This first step is important because it helps determine the viability of a personal injury claim and where to go next. For example, if a motorist does not have any insurance coverage, or you were the victim of a hit and run, you may have to go through your own insurance policy to obtain compensation.

2. Consulting with an Atlanta Personal Injury Attorney

If your accident involved any type of injury, your damages may be significant. At this point, it is essential to schedule a free initial consultation with a personal injury law firm to discuss your legal options. In this no-obligation meeting, a lawyer will review the facts of your case and determine if there is an evidentiary basis for a claim.

Should an attorney determine that you have legal grounds for a viable personal injury claim, he or she will likely take your case on a “contingency-fee” basis. This means you will not owe any attorney’s fees unless he or she obtains a settlement or court judgment on your behalf. Generally, it’s worth having an experienced attorney represent your rights because it helps you achieve maximum compensation for your tangible and intangible losses.

3. Personal Injury Claim is Filed with Atlanta Courts

Many personal injury cases never make it to trial because both parties reach a settlement beforehand. In many cases, two parties may achieve a resolution before filing a lawsuit becomes necessary. Sometimes, the simple act of getting an lawyer involved can help expedite the process and help recoup the losses that arise from the accident.

Attorneys are valuable early in the process because they help negotiate with insurance companies. When a party has insurance coverage, an attorney can send a document called a “notice of claim” that details the date of the accident and your intent to file a claim for damages. Later, in a separate document called a “demand letter,” an lawyer can document the specifics of your accident, including the damages incurred and the appropriate settlement amount desired.

When settlement negotiations break down or prove unfruitful, it may be necessary to file a formal lawsuit. An attorney can help you abide by any important laws and regulations that may apply to your case, such as the statute of limitations. Your attorney can also ensure that you file a claim with the appropriate court system and follow any other requirements that may affect your claim. Though many personal injury cases do settle out of court, having a Atlanta personal injury lawyer early in the process can help you if a formal claim becomes necessary.

4. Georgia Court Trial and Judgment

When all settlement negotiations fail, a personal injury claim may go to final trial by jury. In this proceeding, a jury will listen to the facts of the case and make a final decision regarding the veracity of the claim and the damage amount, if applicable.

If you win your case the court could award you damages, which you can receive for a variety of reasons. The most basic type of compensation is for current or future medical expenses, including hospital bills, cost for doctor visits, physical therapy, and any other medical necessities you obtained.

The court could also award you damages for wages you lost on any days you needed off from work to recover. If the injury prevents you from being able to earn as much as before, the court could also order the defendant to compensate you for the difference between the two salaries.

You may also receive compensation for pain and suffering, which focuses on overall quality of life. Many attorneys will bring in people who can testify about your quality of life before and after the incident to prove the need for pain and suffering compensation.

Liability in Atlanta Injury Claims

It’s possible for a personal injury claim to involve more than one defendant. Your Atlanta personal injury attorney will review the facts of your claim to discern which persons or parties bear any responsibility for your damages. For example, if you sustained an injury at work due to a defective piece of equipment, you may have an Atlanta product liability claim against the manufacturer. However, if your supervisor knew the equipment was dangerous, but did nothing to correct the situation in a timely manner, your supervisor bears a degree of fault as well.

Georgia follows a modified comparative fault statute, meaning that multiple defendants in a lawsuit will receive a fault percentage based on their level of responsibility for the damages in question. It’s also possible for the plaintiff to absorb some liability as well. A plaintiff who is found partially at fault in a modified comparative negligence state will lose a portion of the case award equal to his or her fault percentage.

Modified Comparative Fault in PI Claims

Georgia follows the modified comparative fault rule, which gives the court the right to adjust compensation based on how responsible each party was for the incident. For example, if the court determines that you were 20% at fault for the incident that caused your injury, it could reduce your compensation by 20%.

How much time do I have to file an injury case in Atlanta, GA?

In Georgia, you have two years after the time of the incident to file a claim. If you do not file within two years, you may lose your right to receive compensation for the accident.