What Does a Personal Injury Lawyer Do?

LEGALLY REVIEWED BY:
Stephen R. Hasner
Managing Partner at Hasner Law PC
June 4, 2024

Key Takeaways About Working With a Personal Injury Attorney

  • Role of Personal Injury Attorney: Personal injury attorneys assist accident victims in navigating legal complexities, advocating for their rights, and securing rightful compensation under Georgia law.
  • Investigative Process: Attorneys conduct thorough investigations by reviewing cases, gathering evidence, interviewing witnesses, documenting damages, consulting experts, and reviewing insurance coverage to build compelling cases for clients.
  • Resolving a Claim: The process involves drafting demand letters, negotiating settlements, evaluating offers, engaging in mediation/arbitration, pursuing litigation if necessary, and potentially appealing court decisions for fair compensation.
  • Hasner Law: With over 100 years of combined experience and a proven track record, Hasner Law offers extensive knowledge, a client-centered approach, dedicated advocacy, and results-driven representation for personal injury cases in Georgia.
What Does a Personal Injury Lawyer Do?

After an injury, not only are you suffering from pain, but you are also suddenly faced with other concerns, such as medical bills, lost wages, and uncertainty about your future. It’s a challenging time, leaving most people feeling overwhelmed and unsure of what to do next. This is where a personal injury attorney comes in. Dedicated to helping people like you, personal injury attorneys help injured victims navigate the legal system and obtain the compensation they are entitled to under Georgia state law.

At Hasner Law, our personal injury attorneys are dedicated to providing compassionate and personalized legal assistance to individuals like you who have been injured due to someone else’s negligence. With over ten decades of combined experience in personal injury law, we have helped numerous clients recover the total compensation they deserve for their damages.

The Role of a Personal Injury Attorney

When clients first come to us with questions about our role, it is often because they are unsure if they need legal representation or if they can handle their cases on their own. Others want to understand how we work to earn our fees, while some simply seek clarity on the process we use to resolve their cases.

Personal injury attorneys play a crucial role in helping accident victims navigate the legal process and recover compensation for their injuries. During this difficult time, your personal injury attorney is your advocate and someone you can turn to for legal guidance and support as you seek justice for the harm you have suffered. They will listen to your story with compassion and understanding, taking the time to understand all of the details of your case and how the injury has impacted your life physically, emotionally, and financially.

At Hasner Law, our team of personal injury attorneys is equipped with the education and training necessary to apply tort law principles to the unique facts of each case. During your initial consultation, we will thoroughly analyze your situation, assess the legal merits of your claim, estimate the potential compensation you might receive, and develop a strategic plan to pursue compensation on your behalf.

The Process of Resolving a Personal Injury Claim

For example, we might determine that the odds of recovering compensation for a slip-and-fall accident are low if you were trespassing when the incident occurred. Conversely, we might assess that you have a strong case for compensation if you were injured in a car accident caused by another driver running a red light.

Once we have evaluated your case and discussed your options, you will have the information you need to make an educated decision about how you would like to proceed. Should you choose to move forward with a claim, we will work closely with you to implement the chosen legal strategy, explaining the risks and benefits along the way. Our goal is to empower you to make decisions that are in your best interests while advocating vigorously for the total compensation you deserve.

How Personal Injury Attorneys Investigate Your Case

Personal injury attorneys conduct independent investigations into their clients’ cases to gather evidence and build strong foundations for their claims. Here is how the investigative process typically unfolds:

  • Initial Case Review: During this first meeting, you will provide details about the accident, your injuries, and any other relevant information. The attorney will ask necessary questions to gain a comprehensive understanding of your case.
  • Gathering Evidence: Once retained, your attorney will start gathering evidence to support your claim. This may include obtaining accident reports, photographs of the accident scene, medical records, and any other relevant documentation.
  • Interviewing Witnesses: Witness testimony can be crucial in personal injury cases. Your attorney may interview witnesses who were present at the scene of the accident to obtain their firsthand accounts of what happened.
  • Documenting Damages: Your attorney will work to document the full extent of your damages, including medical expenses, lost wages, pain and suffering, and other losses. This may involve collecting medical bills, employment records, and other documentation to support your claim.
  • Expert Consultations: In some cases, personal injury attorneys consult experts such as accident reconstruction specialists, medical professionals, or engineers to help analyze evidence and provide expert opinions on the cause of the accident and the extent of damages.
  • Reviewing Insurance Coverage: Personal injury attorneys are adept at reviewing insurance policies to determine the extent of coverage available and identify all potential sources of compensation.

Throughout the investigative process, your attorney will keep you informed of any developments and work diligently to pursue the best possible outcome for your case. At Hasner Law, we conduct thorough investigations to uncover critical evidence and build compelling cases to support our clients’ claims for compensation.

What Is the Process of Resolving a Personal Injury Claim?

Once the investigation process is complete, the next step in resolving a personal injury claim involves the process of negotiation and settlement. This process usually entails:

Drafting a Demand Letter

Your attorney will draft a demand letter outlining the details of your case, including the extent of your injuries, the damages you have suffered, and the amount of compensation you are seeking. This letter will be sent to the at-fault party or their insurance company.

Negotiation

Upon receiving the demand letter, the insurance company will review the information and may respond with a counteroffer. Negotiations between your attorney and the insurance adjuster will ensue, with both parties working to reach a mutually agreeable settlement. Personal injury attorneys are skilled negotiators who understand how to leverage the strengths of your case while advocating for your interests, aiming to secure the most favorable outcome possible.

Evaluation of Settlement Offers

If you prove liability, Georgia law requires the insurer to make a good faith effort to reach a “prompt, fair, and equitable settlement.” However, insurers and claimants usually differ about what a fair settlement looks like. Your attorney will carefully evaluate any settlement offers received from the insurance company, considering factors such as the magnitude of your injuries, the projected cost of future medical treatment, lost wages, and pain and suffering.

Mediation or Arbitration

If negotiations stall or if there are disputes over liability or the value of the claim, the parties may agree to participate in mediation or arbitration. These alternative dispute resolution methods involve enlisting a neutral third party to facilitate discussions between the parties to reach a fair resolution.

Litigation

If a settlement cannot be agreed upon through negotiation or alternative dispute resolution, your personal injury attorney may recommend filing a lawsuit and pursuing your case in court. This formal legal process allows for the presentation of evidence, witness testimony, and legal arguments before a judge and jury. During the trial, both sides will present their case, and the judge or jury will determine liability and the appropriate amount of compensation, if any, to be awarded to the plaintiff.

Appeals

In some cases, either party may choose to appeal the court’s decision if they believe there were errors in the legal process or if they disagree with the outcome. Appeals may lead to further litigation or negotiation to resolve the matter.

What You Should Know About Insurance Claims

In most cases involving personal injury, the party at fault typically carries some form of liability insurance. These insurance policies are designed to cover the damages resulting from legal liabilities outlined in the policy terms.

Insurance policies which commonly include liability coverage include:

  • Auto insurance
  • Malpractice insurance
  • Homeowners insurance
  • General business liability insurance
  • Property insurance
  • Product liability insurance

When an injury occurs due to the actions of an insured individual or business, the injured party has the right to file a claim with the respective insurance company. Upon receiving the claim, the insurance company appoints a claims adjuster to assess whether the claim falls within the coverage provided by the policy. If it does, the insurer is obligated to compensate for the damages outlined in the policy terms.

Despite this seemingly straightforward process, insurance companies often minimize or deny valid claims to protect their own interests. They may even intentionally complicate the claims process, making it challenging for claimants to navigate alone. This is where the knowledge of a personal injury attorney becomes invaluable. Leveraging their knowledge of insurance company practices and experience in negotiating with insurers, personal injury attorneys can significantly reduce the risk of claim denial or underpayment.

What to Expect if Your Personal Injury Case Goes to Trial

While the majority of personal injury cases are resolved through settlements, there are instances where taking the case to trial becomes necessary. There are several reasons why your attorney may recommend filing a lawsuit, which include:

Filing a lawsuit can provide leverage during settlement negotiations.

Initiating a lawsuit halts the statute of limitations from expiring.

The discovery process initiated by a lawsuit enables your legal team to compel evidence from the at-fault party, bolstering your case.

Before filing a lawsuit, your attorney will conduct a pre-filing investigation to ascertain the validity of your claim. This confirms the lawsuit is not frivolous, as filing a frivolous lawsuit can result in sanctions from the court. Once deemed appropriate, your attorney will prepare the pleadings to initiate the lawsuit, outlining the basis of the claim and the relief sought. Typically, these pleadings detail the circumstances of the accident, the injuries sustained, and the resulting damages.

Following the pleading stage, the discovery process commences, during which both parties request and exchange evidence. Your attorney will strategize to gather evidence to support your claim while also preparing to counter any potential arguments raised by the opposing party. This includes gathering evidence to refute any claims that attempt to shift blame onto you for the injuries sustained.

Subsequently, after the judge resolves any pre-trial motions, each party presents their case at trial. Typically, your attorney will request a jury trial upon filing the lawsuit. Following the presentation of evidence, the jury deliberates, ultimately determining whether you are entitled to damages if they find in your favor.

Do You Need a Personal Injury Attorney?

No one can tell you whether to hire an attorney. You always have the option of representing yourself in your insurance claim or even your lawsuit, but personal injury attorneys have experience, knowledge, and training to get you a fair settlement and confirm your rights are protected.

Legal Process Guidance

Navigating the legal process is overwhelming, especially when you are recovering from an injury. Faced with medical bills, lost wages, and insurance negotiations, having a personal injury attorney by your side can make all the difference. Hasner Law personal injury attorneys understand the intricacies of personal injury law, including statutes of limitations, liability determinations, and the claims process. We can effectively evaluate your case, identify all potential avenues for compensation, and devise a strategic plan to maximize your recovery.

Leveling the Playing Field

Facing off against insurance companies and their team of adjusters and lawyers is daunting. Insurance companies are notorious for employing tactics to minimize payouts and deny valid claims. By hiring a personal injury attorney to represent your interests, you level the playing field. They deal with billion-dollar insurance companies regularly and know how to get the best possible deal for you.

Comprehensive Representation

A personal injury lawyer serves as your advocate throughout every stage of the legal process. From conducting investigations and gathering evidence to negotiating settlements and, if necessary, representing you in court, your lawyer handles all aspects of your case. They shoulder the legal burden, allowing you to focus on your recovery and rebuilding your life after the accident.

Why Choose Hasner Law for Your Personal Injury Needs?

Selecting the right legal representation is paramount to achieving a favorable outcome in a personal injury claim. Here are several compelling reasons to work with a Hasner Law personal injury attorney for your case:

Extensive Experience

With over 23 years of experience in workers’ compensation and personal injury law, Stephen Hasner, our founding attorney, has successfully represented thousands of clients. Our team boasts more than 100 combined years of workers’ compensation and personal injury experience, so you know your case is in capable hands.

Proven Track Record

Over the years, we have built a solid reputation for achieving favorable outcomes for our clients. Whether through negotiated settlements or successful trial verdicts, we have consistently delivered results exceeding expectations. You can trust us to fight tirelessly on your behalf and pursue the maximum compensation available under the law.

Client-Centered Approach

We understand each case is unique, so we tailor our approach to meet the specific needs and goals of our clients. From the initial consultation to the resolution of your case, we prioritize open communication, transparency, and accessibility. Your satisfaction and peace of mind are our top priorities.

Dedicated and Compassionate Advocacy

Navigating the legal process can be overwhelming, especially in the aftermath of a personal injury. At Hasner Law, we strive to provide compassionate guidance and support to our clients during this challenging time. We are here to answer your questions, address your concerns, and provide the guidance you need to make informed decisions about your case.

Results-Driven Representation

Our attorneys are skilled negotiators and litigators who are not afraid to take on insurance companies and other powerful adversaries on behalf of our clients. We are committed to securing the best possible outcome for your case, whether through negotiation, mediation, or litigation.

Schedule a Free Case Review With a Hasner Law Personal Injury Attorney Today

At Hasner Law, our role goes beyond just handling legal matters. We are here to be your advocate, your ally, and your voice during this difficult time. From the moment you reach out to us, we will listen to your story with empathy and understanding. We take the time to understand the unique circumstances of your case and develop a personalized strategy to help you seek the compensation and justice you deserve.

Whether you have been injured in a car accident, slip-and-fall, or other incident in Georgia, you can trust a Hasner Law personal injury attorney to fight for your rights every step of the way. We are committed to getting you the financial support you need to move forward after an injury. For a free case review, call (678) 928-8784 or fill out our contact form today.

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.