LEGALLY REVIEWED BY:
Stephen R. Hasner
Managing Partner at Hasner Law PC
September 27, 2024

Key Takeaways About Hiring an Atlanta Personal Injury Attorney

  • Accidents lead to severe injuries impacting finances, health, and emotions, prompting the need for compensation.
  • Seasoned Atlanta personal injury lawyers offer tailored strategies, proven success, and access to resources, ensuring comprehensive and compassionate legal care for clients.
  • Various forms of evidence like photos, witness testimony, and medical records are crucial in proving negligence in Atlanta personal injury cases.
  • Known for our dedication to client recovery and excellence in legal advocacy, the legal team at Hasner Law provides comprehensive representation for various personal injury claims.

Atlanta Personal Injury Guide

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. Atlanta personal injury attorneys handle a wide range of cases, including construction accidents, car accidents, and negligence claims. At Hasner Law, our team of dedicated personal injury lawyers stands out for several reasons, including the following:

Comprehensive Legal Expertise

Our attorneys bring a combined 100 years of experience, having handled a multitude of complex personal injury 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.

Invaluable Insight

Our team’s background in defending insurance companies equips us with unique insights into how these companies operate. This strategic advantage enables us to anticipate their moves and effectively advocate for the interests of injured and disabled workers.

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.

We offer a free consultation to discuss your case and help you understand your rights and options without any upfront costs

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.

Leadership and Community Involvement

Our Atlanta personal injury lawyers are active members of various professional organizations and have taken on leadership roles that influence the practice of law in Georgia. This involvement demonstrates our commitment to advancing the rights of injured workers and contributing to the legal community.

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 

Award for The National Top 100 Trial Lawyers

At Hasner Law, we are committed to providing comprehensive legal representation for a wide array of personal injury lawsuits. Our experience encompasses many types of injuries and scenarios, each with its own set of legal considerations and challenges. Atlanta personal injury lawyers specialize in representing clients in personal injury cases and have a track record of successful results.

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

Motor Vehicle Accidents

Accidents may result from factors like speeding, drunk driving, or distracted driving. In 2021, over 8,000 Atlanta, GA residents were victims of vehicle accidents causing serious injury. Of that number, over 1,700 resulted in fatalities that year.

These cases can involve:

Liable Parties In Auto Accident Claims May Include:

  • 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.

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.

Liable Parties In Slip-and-Fall Claims May Include:

  • 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

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.  

Liable Parties In Medical Malpractice Claims May Include:

  • 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

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.

Liable Parties In Product Liability Claims May Include:

  • 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.

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.

Liable Parties in Animal Attack ClaimsMay Include:

  • 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.

Wrongful Death

Suffering a sudden loss of a loved one due to someone else’s misconduct or negligence is devastating. Although nothing can compensate for the loss of a beloved family member, filing a wrongful death claim can help you seek justice and compensation. Our compassionate team assists families in wrongful death cases, helping them find justice and compensation for their emotional and financial losses.

Liable Parties in Wrongful Death Claims May Include:

  • Medical staff
  • Drivers
  • Auto part manufacturers
  • Product manufacturers
  • Pharmaceutical companies

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.

Liable Parties in Premises Liability Claims May Include:

  • Business Owners: They must take reasonable steps to keep the premises, parking lots, and entrances to the property safe. 
  • Landowner or Homeowners: There is a lower standard of care that applies if you are visiting someone’s house as a social guest. These types of cases tend to be complicated so it’s best to speak with a knowledgable attorney.

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 fair 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.

Atlanta Personal Injury Statistics

Source: gahighwaysafety.org

Evidence Needed to Prove Negligence in a Personal Injury Case 

preponderance of the evidence

Proving negligence is key in a personal injury case, as it establishes the liability of the party at fault. 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.

It is crucial to have legal representation when dealing with an insurance company post-accident to ensure fair treatment and proper handling of settlement offers. 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 

What is the “Reasonable Person” Standard in a Negligence Claim?

Proving negligence is central to securing compensation in most personal injury lawsuits. 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 or lost income and medical expenses. Without demonstrable damages, there is no claim, regardless of whether negligence is proven. 

Damages in a Personal Injury Claim 

Damages You Can Claim After an Accident

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. Medical bills play a crucial role in proving damages and seeking compensation for injuries sustained in accidents. 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 economic 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.

Non-economic 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? 

Who Is At Fault for the 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 under Georgia law, 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. Our personal injury law firm is 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.

Frequently Asked Questions About Hiring a Personal Injury Attorney

When Should I Consult a Personal Injury Lawyer?

For more serious accidents involving significant personal injuries, such as catastrophic injuries, permanent disabilities, or traumatic brain injuries, consulting an Atlanta personal injury lawyer is crucial. Legal representation can navigate the complexities of the claims process and ensure you receive appropriate compensation. Additionally, if your case involves disputes about fault, multiple parties, or claims against public entities, a lawyer’s expertise is invaluable. Most personal injury attorneys offer a free initial consultation, helping you understand the potential value and success likelihood of your claim.

Should I Submit an Insurance Injury Claim Without a Lawyer?

If you’ve experienced a minor accident with no significant injuries or property damage, you might handle your insurance claim independently. However, doing so requires understanding the process, filing paperwork, gathering evidence, and negotiating with adjusters. Keep in mind that insurance companies aim to minimize payouts, so thorough knowledge and considerable time are necessary to maximize your claim.

Should I Cash The Check My Insurance Company Sent Me?

After an accident, you might receive an insurance claim check, which seems straightforward to deposit. However, cashing this check could potentially limit your ability to seek full compensation for your injuries. Insurance companies often include waivers on the check that release your right to further legal action and additional compensation. Before depositing any insurance check, it’s essential to understand these implications and consider consulting with a Savannah personal injury lawyer. They can provide guidance on whether accepting the payment aligns with your best interests beyond what’s explicitly stated on the check.

How Is the Value of a Personal Injury Case Determined?

The value of a personal injury case can’t be precisely determined at the initial consultation. An Atlanta personal injury lawyer needs to conduct a thorough investigation, which includes completing medical treatment, assessing permanent disabilities, determining fault, identifying liable parties and insurance coverage, and documenting all damages. Damages in a personal injury case can be classified into economic, non-economic, and sometimes punitive damages. Only with all this information can an attorney accurately estimate the worth of your case and make a demand for compensation.

Various factors can influence your claim’s value, including the severity of injuries, duration of recovery, number of liable parties, insurance policy limits, and whether you were partially at fault. Hiring an experienced personal injury attorney can significantly impact the compensation you receive, as insurers are more likely to offer a fair settlement when they know you’re represented by someone willing to go to court.

How Long Will It Take My Personal Injury Case to Settle?

Settling a personal injury case can be a complex and lengthy process. While it’s natural to want a quick resolution, rushing to settle may reduce the amount of compensation you receive.

Here are some key factors and steps that affect the timeline of a personal injury case:

  • Duration of Recovery:
    • Severity of Injuries: Serious injuries requiring extensive treatment and long recovery times can prolong the settlement process. Minor injuries may lead to quicker settlements.
    • Maximum Medical Improvement (MMI): Settling before reaching MMI can result in lower compensation. MMI is when no further medical treatment is expected to improve your condition.
  • Disputed Liability:
    • If the at-fault party accepts full liability, your case may settle quickly after medical treatment is complete.
    • Disputes Over Fault: If the insurance company disputes liability, a thorough investigation is necessary, which can extend the timeline. This includes gathering evidence, interviewing witnesses, and consulting experts.
  • Type of Personal Injury Case:
    • Complexity of Law: Cases involving medical malpractice, product liability, or government entities often take longer due to the complexity of the law and the need for expert testimony.
    • Number of Parties Involved: Cases with multiple liable parties or involving federal laws can extend the settlement time.
  • Need to File a Lawsuit:
    • Most cases settle through negotiations, but if a settlement can’t be reached, filing a lawsuit becomes necessary, adding to the timeline.
    • Legal Process: The lawsuit involves multiple steps such as filing complaints, discovery, pre-trial motions, and possibly a trial and appeals, which can take years.

What Does It Cost to Hire a Personal Injury Lawyer?

Understanding the costs of hiring a personal injury lawyer is crucial when researching law firms.

Many personal injury lawyers start with a free initial consultation and then work on a contingency fee basis, meaning you pay no upfront fees. Instead, the lawyer’s fee is contingent upon successfully recovering compensation for your case.

When you enter into a contingency fee agreement, your lawyer will receive a percentage (typically around 33-40%, but this can vary) of the total amount recovered in your case. This fee is deducted from your settlement or court award.

If your lawyer does not win your case or recover compensation for you, you do not owe any attorney’s fees for their time and effort.

In addition to attorney’s fees, there are costs associated with preparing and litigating a personal injury case. These costs can include expert witness fees, court filing fees, deposition costs, and expenses related to gathering evidence.

Most personal injury lawyers advance these costs on your behalf during the case. These costs are typically reimbursed from your settlement or court award.

When your case concludes, your lawyer deducts these costs from the settlement or award amount before calculating their contingency fee. This ensures that the lawyer is reimbursed for the expenses incurred in handling your case.

It’s important to clarify with your lawyer whether you will be responsible for these costs if your case is unsuccessful. Some firms require clients to cover these costs even if they do not recover compensation, so understanding this upfront is crucial.

Speak With an Atlanta Personal Injury Attorney at Hasner Law Today 

Stephen R. Hasner
Atlanta Personal Injury Lawyer, Stephen Hasner

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 a personal injury attorney.   

At Hasner Law, our experienced personal injury lawyers 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.

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 legal team of personal injury lawyers provide personalized attention, backed by decades of legal experience and a strong track record of success. 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.

Our firm operates on a contingency fee basis. You pay nothing upfront; our payment is a percentage of your compensation if we successfully resolve your case. If we don’t win, you owe us nothing for our legal services.

While you may be responsible for court costs and related expenses, we often advance these and deduct them from your settlement. This approach you to access experienced legal representation without immediate out-of-pocket costs.

Contact an Atlanta personal injury attorney today to schedule a consultation at 678-888-4878 or fill out a contact form. Let us help you on your journey to recovery and justice.


Hasner Law PC – Atlanta Office

2839 Paces Ferry Road SE, Suite 1050
Atlanta, GA 30339
P: (678) 888-4878


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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.