LEGALLY REVIEWED BY:
Stephen R. Hasner
Managing Partner at Hasner Law PC
May 30, 2024

Key Takeaways About Atlanta Personal Injury

  • Aftermath of Accidents: Accidents lead to severe injuries impacting finances, health, and emotions, prompting the need for compensation.
  • Why Choose Experienced Attorneys: Seasoned lawyers offer tailored strategies, proven success, and access to resources, ensuring comprehensive and compassionate legal care for clients.
  • Evidence of Negligence: Various forms of evidence like photos, witness testimony, and medical records are crucial in proving negligence for personal injury cases.
  • Our Firm: Known for our dedication to client recovery and excellence in legal advocacy, Hasner Law provides comprehensive representation for various personal injury cases.
Stephen H-new

Accidents happen anywhere and at any time, whether you’re driving on busy roads, walking through a construction site, or simply shopping at your local supermarket. The aftermath of such incidents can result in catastrophic injuries, affecting your financial, physical, and emotional well-being. If you suffered damages due to negligence, you may have options to pursue compensation for medical costs, lost wages, and other losses with the help of an experienced personal injury attorney.   

At Hasner Law, we handle all aspects of your claim, from conducting investigations and gathering evidence to dealing with the complex insurance claim process and preparing your case for trial, if necessary. We know the outcome of your claim affects your recovery, so we fight to secure the full extent of the compensation you deserve. 

Why Work With the Personal Injury Attorneys of Hasner Law? 

The Atlanta Personal Injury Law Firm team of Hasner Law

Choosing the right representation significantly influences the outcome of your personal injury claim. At Hasner Law, our team of dedicated personal injury attorneys stands out for several reasons, including the following: 

Experience

Our attorneys bring a combined 100 years of experience, having handled a multitude of complex cases ranging from automobile accidents to workplace injuries. This focused knowledge means we are well-versed in the nuances of personal injury law and equipped to tackle even the most challenging cases.

Client-Centered Approach

We prioritize our clients’ needs and well-being. Understanding that each case is unique, we offer personalized legal strategies tailored to meet the specific circumstances and goals of each client. Our approach ensures that clients are informed and involved at every phase of the legal process, providing peace of mind during a stressful time.

Proven Track Record of Success

Our firm’s history of securing favorable verdicts and settlements speaks to our commitment and effectiveness in advocating for accident victims. We strive to ensure that all our clients receive the maximum compensation they deserve, which helps them cover medical expenses, lost wages, and other damages.

Resource Accessibility

Hasner Law is equipped with a strong network of resources, including medical professionals, accident reconstruction experts, and investigators. These resources enable us to build strong, evidence-based cases for our clients, enhancing their chances of a successful outcome.

Compassionate Legal Care

We understand that dealing with the aftermath of an accident can be incredibly taxing. Our team provides not only legal assistance but also emotional support, helping clients navigate the recovery process with dignity and respect.

Working with Hasner Law means partnering with a team that is dedicated to your recovery and committed to achieving the best possible results in your case.

Types of Personal Injury Cases We Handle 

At Hasner Law, we are committed to providing comprehensive legal representation for a wide array of personal injury cases. Our experience encompasses many types of injuries and scenarios, each with its own set of legal considerations and challenges. 

The following is a closer look at the various cases our experienced team is prepared to handle:

Motor Vehicle Accidents

These cases can involve cars, trucks, motorcycles, bicycles, and pedestrians. Accidents may result from factors like speeding, drunk driving, or distracted driving. In 2021, over 8,000 Atlanta residents were victims of vehicle accidents causing serious injury. Of that number, over 1,700 resulted in fatalities that year. Our team is skilled in navigating the complexities of these types of cases, including dealing with insurance entities and litigation.

Slip-And-Fall Accidents

Property owners have a legal responsibility to keep their premises safe. Our attorneys are experienced in cases where clients are injured in slip-and-fall incidents on both private and public property due to negligence such as wet floors, poor lighting, or unsafe conditions.

Medical Malpractice

We represent clients who suffer due to the negligence of medical professionals. This includes misdiagnosis, surgical errors, pharmacy errors, and birth injuries, among other types of cases where treatment fell below the standard of care.  

Product Liability

If a defective product has caused injury, we can help. Our attorneys handle cases involving faulty medical devices, unsafe consumer goods, and malfunctioning auto parts. We work to hold manufacturers, distributors, and retailers accountable.

Dog Bites and Animal Attacks

Animal owners are responsible for preventing their animals from harming others. Our firm represents victims of dog bites and other animal-related injuries, helping them secure compensation for their injuries and suffering.

Wrongful Death

Suffering a sudden loss of a loved one due to someone else’s misconduct or negligence is devastating. Our compassionate team assists families in wrongful death cases, helping them find justice and compensation for their emotional and financial losses.

Premises Liability

Injuries occurring on someone else’s property, whether due to inadequate security, structural defects, or other hazards, fall under premises liability. With our extensive track record, you can rest assured we will fight to hold property owners or managers liable for injuries caused by his or her negligence.

No matter the type of personal injury case, Hasner Law is dedicated to aggressively pursuing the rights of our clients and ensuring they obtain the justice and compensation they deserve. Our team’s extensive legal knowledge and personalized approach to each case set us apart as a trusted advocate for those injured due to the negligence of others.

Evidence Needed to Prove Negligence in a Personal Injury Case 

Proving negligence is key in a personal injury case, as it establishes the liability of the party at fault. The following are key types of evidence used to prove negligence in personal injury cases:

Photographic and Video Evidence

Visual evidence can play a critical role in demonstrating the circumstances surrounding an incident. Photos and videos can capture hazardous conditions, property damage, and physical injuries at the scene. This type of evidence helps to establish the extent of damage and the elements that contributed to the accident.

Witness Testimony

Statements from eyewitnesses provide invaluable insights into how an accident occurred and the conditions that led to it. Witnesses can corroborate the victim’s account of the events, adding credibility and detail that may not be captured through other forms of evidence.

Police and Accident Reports

For vehicle accidents and other incidents where law enforcement or emergency services are called to the scene, police reports and accident reports are crucial. These documents typically include the officer’s observations and sometimes a preliminary assessment of who was at fault.

Medical Records

Documenting your injuries through medical records is essential to proving the extent and nature of the injuries suffered as a result of the accident. Detailed records can link the injuries directly to the incident and demonstrate the impact on the victim’s health and lifestyle.

Expert Testimony

In some cases, the testimony of experts is required to explain how the incident occurred or to establish a professional opinion on liability. This may include accident reconstruction specialists, medical experts, or engineers who can provide insight into the causes and effects of the accident.

Employment and Financial Records

To claim loss of income, employment records and financial documents must be presented. These records help quantify the economic impact of the accident, such as lost wages and the potential for lost earning capacity in the future.

Physical Evidence

Depending on the case, physical evidence from the scene, such as damaged clothing, broken personal items, or parts of a vehicle, can also be important. Such evidence can support claims about the severity and mechanics of the incident.

Gathering and presenting this evidence helps to build a strong negligence case. This process is complex and requires meticulous attention to detail. Working with experienced personal injury Hasner Law attorneys ensures that all relevant evidence is collected, preserved, and presented in the most compelling manner to support your claim.

Proving Negligence in a Personal Injury Case 

Proving negligence is central to securing compensation in most personal injury cases. To establish negligence, a plaintiff must demonstrate several legal elements that link the defendant’s actions to the injury suffered. 

The following is a step-by-step guide on how to prove negligence:

Duty of Care

Initially, you must establish that the opposing party owed a lawful duty of care to the victim. This means showing that the opposing party had a responsibility to act in a certain way toward the victim. For instance, motorists have a duty to operate his or her vehicle safely to avoid harming others on the road.

Breach of Duty

Once your attorney has established that a duty of care exists, you must demonstrate the opposing party breached that duty. This involves showing that the opposing party failed to act as a reasonable person would have under similar circumstances. For example, if a motorist was speeding or texting while driving, they would be considered to have breached their duty to drive safely.

Causation

The victim must prove causation, linking the breach of duty directly to their injuries. This means showing the opposing party’s actions (or inactions) were the actual cause of the injury. Causation can sometimes be the most complex element to prove, especially if there are pre-existing conditions or multiple factors involved in the incident.

Damages

Finally, the victim needs to prove they suffered economic and non-economic damages as a result of the opposing party’s negligence. Damages can be physical, such as injuries requiring medical treatment, or financial, such as lost wages and medical expenses. Without demonstrable damages, there is no claim, regardless of whether negligence is proven. 

Liability in a Personal Injury Case 

Identifying liable parties in a personal injury claim is essential for ensuring the injured party recovers appropriate compensation. Liability depends on accident circumstances and may involve multiple parties. . 

The following is an overview of potential liable parties in various personal injury scenarios:

Vehicle Accidents

  • Drivers: Often, the driver of another vehicle is found liable due to negligent behaviors such as speeding, distracted driving, or driving while impaired.
  • Vehicle Owners: Owners can be held liable if their negligence in vehicle maintenance contributed to the accident.
  • Employers: If the at-fault driver was on the job at the time of the incident, his or her employer may also be responsible under vicarious liability laws, which hold employers accountable for the actions of their employees while on the job.
  • Manufacturers: If a vehicle defect caused the accident, the parts manufacturer may be responsible for your injuries under product liability laws.

Slip-And-Fall Accidents

  • Property Owners and Managers: They have a duty to ensure their premises are safe. This includes fixing known dangers or warning visitors about potential hazards. Liability can extend to both public and private properties.

Medical Malpractice

  • Medical Professionals: Physicians, nurses, anesthesiologists, and other health care providers can be liable if their care falls below the accepted standard, resulting in patient harm.
  • Hospitals and Medical Facilities: These entities can be liable for the actions of their employees, as well as for issues like understaffing, inadequate training, or poor facility management.

Product Liability

  • Manufacturers and Retailers: They can be held responsible if a product defect causes injury. This includes design defects, manufacturing defects, or a failure to provide adequate warnings.

Animal Attacks

  • Pet Owners: Owners are generally liable if their animal injures someone, particularly if the owner knew the animal was dangerous or failed to secure it properly.

Establishing liability in a personal injury claim often requires a comprehensive investigation into the accident. It may also involve understanding complex relationships between different parties and deciphering legal responsibilities. Due to the complexities involved, consulting with a knowledgeable Hasner Law personal injury attorney can be vital in identifying all potentially liable parties and effectively pursuing a claim for damages.

Damages in a Personal Injury Claim 

In these types of claims, “damages” refers to the compensation awarded to an individual who has suffered harm due to the negligence, misconduct, or wrongful act of another party. The purpose of these damages is not only to reimburse the victim for losses incurred but also to restore them, as much as possible, to the financial position they would have been in had the injury not occurred.  

The following are the main categories of recoverable damages in a personal injury claim:

Economic Damages

These damages cover the quantifiable financial expenses associated with the injury. Common examples include:

  • Medical Expenses: Costs for emergency care, surgeries, doctor visits, medication, and physical therapy. Future medical expenses are also considered if ongoing care is needed.
  • Lost Wages: Losses for income lost due to time away from work, which may also include the loss of earning capacity if the individual’s ability to work has been permanently affected.
  • Property Damage: Reimbursement for any repairs or the replacement of property damaged during the incident, such as a vehicle in a car accident.

To recover these damages, you must have tangible evidence of the present losses you suffered, such as bills, invoices, pay stubs, or other documents. It may also encompass projected future costs of treatment.  

Non-Economic Damages

These are intended to compensate for non-financial losses that are not easily quantifiable:

  • Pain and Suffering: Losses for physical pain and emotional distress resulting from the injury. This encompasses the discomfort during the injury, ongoing pain, and future discomfort.
  • Emotional Distress: Often overlaps with pain and suffering, focusing specifically on the psychological impact of the injury, such as anxiety, depression, and trauma.
  • Loss of Enjoyment: Losses of any ability to enjoy hobbies and other recreational activities.
  • Loss of Consortium: Damages awarded to the spouse or close family members for the loss of companionship and support due to the injury.

These damages are subjective and are not easily quantifiable. They vary significantly based on individual circumstances. Factors influencing the amount include the severity and permanence of the injury, the impact on quality of life, and the emotional suffering experienced.

Punitive Damages

While not recoverable in all cases, punitive damages are awarded in cases of egregious wrongdoing to punish the opposing party and deter similar conduct in the future. These are not tied to the type of injuries suffered but rather to the behavior of the defendant.

What if You Were Partially at Fault in a Personal Injury Accident? 

You may still recover compensation if you are partially at fault for an accident, provided your share of the blame is under 50 percent. In many accident scenarios, responsibility is shared among multiple parties, and it’s not uncommon for the injured party to bear some level of fault.

Under the modified comparative fault rules in Georgia, if you are found to be 50 percent or more liable for the incident, you are not eligible to receive any compensation. However, if your fault is assessed at less than 50 percent, your compensation will be reduced proportionally by your degree of fault. For example, if you are 20 percent responsible for an accident and have $100,000 in damages, you would be eligible to recover $80,000, reflecting a 20 percent reduction in your compensation.

Given that all parties involved in an accident might resist admitting fault, having skilled legal representation is crucial. At Hasner Law, our personal injury attorneys are adept at navigating these complexities. We strive to minimize your attributed fault in the accident, thereby maximizing your potential for compensation and protecting your claim.

To ensure all recoverable damages are accurately assessed and rightfully claimed, it is essential to work with an experienced Hasner Law personal injury attorney who will navigate the complexities of the law and effectively advocate on your behalf.

Georgia Statute of Limitations for Personal Injury Accidents 

The timeline for filing a claim depends on the method through which you seek compensation. The specifics of your accident dictate if you can secure compensation through a claim, a lawsuit, or both.

  • Personal Injury Lawsuit: Typically, if you wish to claim damages for injuries, you need to initiate a lawsuit within two years from the accident date. This time limit, known as the statute of limitations, also applies to wrongful death cases in Georgia.
  • Government Claim: If your accident involves a government entity, the process to claim compensation requires prompt action. You are required to notify the relevant government agency within six months following the accident.
  • Workers’ Compensation Claim: Should your injury occur at work, you might be eligible for workers’ compensation. For this, you must inform your employer within 30 days of the incident and file a formal claim within one year from the injury date.

There are instances where extensions might be possible for filing a claim. However, it’s important not to presume there will be additional time available. The most effective step is to contact our attorneys immediately after an injury to ensure timely and proper handling of your case.

Speak With the Personal Injury Attorneys at Hasner Law Today 

If you’ve been involved in a personal injury accident, securing the right legal representation is crucial to ensure you recover compensation for injuries. At Hasner Law, our dedicated personal injury attorneys will support you through every step of the process. We have handled the most complex personal injury claims for Atlanta victims and are committed to advocating for you during this challenging time while minimizing your stress.  

Contact one of our personal injury attorneys today to schedule a consultation at (678) 928-8784 or fill out a contact form. Let us help you on your journey to recovery and justice.


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Author Stephen Headshot
Managing Partner at Hasner Law PC
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Stephen Hasner is the founder and managing partner of Hasner Law PC. Since being licensed in Florida in 1997 and in Georgia in 1999, Stephen has worked tirelessly to help Georgia residents navigate the legal process following a serious injury. This includes injuries sustained at work, in motor vehicle accidents, and in cases of personal injury. The team at Hasner Law is dedicated to securing compensation for their clients who have been injured through no fault of their own.