Georgia Personal Injury Lawyer
Key Takeaways About Personal Injury Litigation in Georgia
- Comparative Negligence: Georgia employs a modified comparative negligence system, where a victim’s compensation is reduced by their percentage of fault. No compensation is received if the victim’s fault exceeds 50%.
- Claims Process Overview: The personal injury claims process in Georgia includes multiple stages: investigation, demand and negotiation, filing a lawsuit, discovery, mediation, and potentially a trial, each crucial for case preparation and resolution.
- Immediate Actions Post-Injury: An accident victim should seek medical attention immediately, preserve evidence, communicate carefully with insurance companies, avoid social media, and consider legal representation to protect their rights and claim’s value.
- Legal Representation: Hasner Law provides experienced attorneys who understand Georgia’s personal injury laws and procedures, helping clients navigate the claims process, from securing evidence to negotiating settlements or going to trial.
Accidents happen every day. In many cases, they result in injuries to one or more parties. Certain types of accidents are more common than others. Car accidents are relatively common, and they injure and kill thousands of people in Georgia every year. In 2016, 112,526 people were injured and 1,130 people died in car accidents in Georgia.
Individuals who are injured in accidents can seek compensation for their resulting damages through personal injury claims. To recover compensation this way, the victim must demonstrate that another party acted in a negligent or reckless manner, causing the accident and the claimant’s injury to occur. If you are in need of a Georgia personal injury lawyer, contact us today to get started with your case.
Types of Cases our Personal Injury Attorneys in Georgia Handles
Our team handles the following types of personal injury cases:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Motor vehicle accidents
If you or your loved one have been injured, don’t hesitate to contact our attorneys for legal help. Our trusted Georgia personal injury attorneys are dedicated to fighting for your justice and the compensation you deserve.
Types of Injuries in Accidents and How It Can Impact Your Health
There are many ways you can be injured in an accident depending on the severity of the accident, where your body suffered the impact, and your overall health and fitness levels. Certain injuries are linked to specific types of accidents, such as lacerations and excessive bleeding with dog bites. Other injuries you can suffer in an accident include:
- Sprains
- Strains
- Traumatic brain injury
- Broken bones
- Tissue damage
- Burns
- Organ damage
- Disfigurement
Injuries suffered in accidents can have complications, such as paralysis and permanent disability. In cases where these complications cause the victim to suffer permanent damages, such as the inability to work or chronic pain, these damages can be worked into the victim’s personal injury claim and compensated by his or her settlement.
Comparative Negligence In Georgia Personal Injury Cases
Comparative negligence laws are designed to fairly distribute responsibility and calculate compensation in personal injury cases where more than one party is at fault for an accident. Under Georgia’s modified comparative negligence system, a percentage of fault is determined for each liable party, and any damages awarded are adjusted based on these percentages.
Under this system, the victim’s compensation is reduced by their percentage of fault if they contributed to the accident. For example, if a victim is found 30% responsible for their accident, their compensation will be reduced by 30%. However, if their fault exceeds 50%, they are barred from recovering damages from other at-fault parties.
In many cases, defendants may try to shift blame onto victims to reduce their own percentage of responsibility. This is why having an experienced Hasner Law attorney on your side is essential. Our attorneys are well-versed in all areas of Georgia personal injury law and are ready to use our knowledge and skills to fight for a favorable outcome on your behalf.
Georgia’s Personal Injury Claims Process
After an accident, it is natural to have many questions about the legal process and what to expect along the way. At Hasner Law, our attorneys are dedicated to helping our clients understand the claims process so they feel empowered to make the best decisions possible about their futures. Personal injury claims in Georgia typically progress through several well-defined stages. The following is a brief overview of each phase:
Investigation Phase
After hiring a Hasner Law attorney, the first step we will take is investigating your accident. We will collect essential evidence such as photographs, videos, police reports, and witness statements to determine who is at fault and the extent of your losses. This phase also involves organizing your medical bills and other expenses to calculate your total damages.
Demand and Negotiation Phase
Once your losses are fully assessed, your attorney will draft a demand letter to the at-fault party’s insurance company. It’s important to understand that insurance companies often try to minimize their payouts. Your attorney will negotiate with the insurer to ensure you can pursue fair compensation for your injuries.
Filing a Lawsuit
If a satisfactory settlement cannot be reached through negotiations, your Hasner Law attorney will file a lawsuit. Remember, this must be done within two years of the accident to comply with Georgia’s statute of limitations. Prompt action is in your best interests to avoid delays.
Discovery Phase
After filing the lawsuit, the discovery phase begins where both sides exchange evidence and gather testimony from expert witnesses. Each side has 30 days to respond to requests for evidence under state law.
Mediation Phase
Before the trial, there is another chance to settle the case during mediation, where both attorneys meet with a neutral mediator to negotiate a settlement.
Civil Trial
If mediation is unsuccessful, the case will then go to trial, where each side will present its evidence to a jury. The jury then makes the final decision. The length of the trial can vary, ranging from a few hours to several months, depending on the complexity of the case. While most personal injury cases settle out of court, the skilled attorneys at Hasner Law are prepared to take your case to trial to defend your interests.
Steps to Protect Your Rights After a Personal Injury in Georgia
Because personal injury accidents occur unexpectedly, being prepared to handle the aftermath can seem challenging. However, following the steps can help protect your rights and safety in the wake of an accident:
Seek Medical Attention
Immediately after an accident, it’s crucial to see a doctor. Even if you think your injuries are minor, a medical professional should evaluate you to check for any hidden injuries. Delaying medical care can lead some insurance adjusters to question the severity of your injuries and potentially deny or devalue your claim.
Obtain and Preserve Evidence
Gathering evidence, such as photos, witness statements, and police reports, can strengthen your claim. If you’re unable to collect evidence immediately after the incident, try to return to the scene as soon as possible to take photographs and locate potential witnesses. If the incident occurred near a business, the owner may be able to provide security camera footage.
Exercise Caution When Speaking to the Insurance Company
While you need to inform your insurance company about the accident, be cautious when discussing the details with your adjuster. Insurance companies often aim to minimize compensation. It is in your best interests to have a skilled Hasner Law attorney handle communications with the insurance company to ensure your rights and the full value of your claim are protected.
Avoid Posting on Social Media
Posting on social media can inadvertently provide insights to the insurance company and opposing legal team about your accident, injuries, and activities. This information can be used to challenge the legitimacy of your claim. To protect your case, it is vital to refrain from posting on social media until your case is resolved.
Contact a Skilled Attorney
Navigating the legal complexities of a personal injury claim on your own can be daunting. Partnering with a knowledgeable Hasner Law attorney can make a significant difference in the outcome. We can thoroughly investigate your case, negotiate a favorable settlement, and, if necessary, represent you in court. With a seasoned attorney in your corner, you can concentrate on your recovery while they manage every aspect of your claim.
Damages You May Be Eligible to Collect After Suffering a Personal Injury in Georgia
If you’ve been injured due to someone else’s negligence or reckless behavior, you are entitled to seek compensation for the full extent of your injuries and other losses. A seasoned attorney can investigate your case and construct a strong claim establishing liability and how your injuries impact every area of your life. The following are representative of the types of damages an experienced Hasner Law attorney can help you pursue:
Lost Wages and Earning Potential
If an accident leaves you unable to work temporarily or permanently, you can claim compensation for lost wages and diminished earning capacity. This compensation aims to address the financial strain placed on you and your family due to your inability to work while recovering from your accident.
Current and Future Medical Expenses
Injuries often lead to prolonged hospital stays, surgeries, and the need for new medications, which can be financially taxing for victims and their families. Medical costs can add up rapidly, creating significant strain. A personal injury claim managed by a skilled Hasner Law attorney may be able to cover your existing and anticipated medical expenses.
Property Damage
In some incidents, such as motor vehicle accidents, your property, such as cars, bicycles, or other personal belongings, may be damaged. If this damage is the result of another party’s negligent behavior, you may be able to recover compensation to repair or replace the damaged items.
Pain and Suffering
Accidents cause more than just physical injuries. Often, they lead to significant emotional distress and physical pain. Although these are non-economic losses and can be challenging to quantify, an experienced attorney can help you effectively argue for compensation. At Hasner Law, we have the knowledge and commitment required to advocate for compensation for both your economic losses and intangible suffering.
How to Document Your Injuries After a Personal Injury Accident
Preserving evidence such as photographs, police reports, and medical records is critical to a personal injury claim. It is also important to document the severity of your injuries and how they affect your daily life.
Keeping a detailed injury diary is a crucial step in managing your recovery and strengthening your personal injury case. By diligently recording your symptoms, pain levels, and any restrictions caused by your injuries, this diary may become vital in documenting the progression of your recovery and supporting your claim. Consider following the steps below to document your injuries and bolster your case:
Tracking Your Injuries
It’s important to meticulously note the specifics of your injuries, including their location, severity, and any ongoing symptoms. Regular entries in your injury diary can help you monitor any changes or improvements, providing essential data to assist your healthcare provider in formulating an effective treatment plan.
Establishing A Timeline
An injury diary helps lay out a clear timeline of events from the onset of the injury, noting critical details like the date, time, and place of the accident. You can also use your diary to record all related treatments, medical appointments, and any work absences. This timeline may become invaluable when collaborating with a skilled Hasner Law attorney to build your case and accurately assess potential compensation.
Supporting Your Version of Events
When pursuing a personal injury claim, you will need to support your case with solid evidence. Your injury diary can serve as a powerful tool to establish the extent of your injuries, the subsequent impact on your daily activities, and any related expenses. It may also be able to demonstrate your proactive efforts toward your recovery.
Strengthening Your Case
As your personal injury claim progresses, insurance adjusters and opposing lawyers may attempt to downplay your injuries to minimize your compensation. A well-maintained injury diary counters these efforts by providing a detailed, day-by-day account of the effects of your injuries on your personal and professional life, presenting a comprehensive view of their true impact.
An injury diary not only aids in your medical treatment but also amplifies the credibility and strength of your legal claim, ensuring that you are adequately compensated for the full scope of your injuries and other losses.
5 Questions to Ask Your Personal Injury Attorney
When choosing a personal injury attorney, it is essential to ask the right questions so you can secure the legal support of an attorney you trust. Before retaining their services, consider asking your attorney the following questions:
What Is Your Personal Injury Experience and Success Rate?
Your attorney’s track record in handling cases similar to yours significantly impacts the likelihood of a successful outcome. When evaluating a potential attorney, ask about their experience with similar legal challenges, their success rate, and their ability to secure fair settlements. An attorney with a proven history of favorable results can significantly increase your chances of a positive outcome for your case.
How Will You Communicate With Me During the Case?
Clear and regular communication is essential in maintaining a strong attorney-client relationship. Ask about how your potential attorney prefers to communicate – whether through emails, phone calls, or face-to-face meetings. Establishing a communication method that aligns with your preferences ensures that you remain well-informed about your case’s developments, allowing you to make informed decisions.
What is the Potential Value of My Case?
In your initial consultation, it’s important to give your attorney a comprehensive overview of your accident, including the injuries and losses you have suffered. Although no attorney can predict exact compensation amounts, an experienced lawyer can typically offer an informed estimate based on outcomes in similar cases. This assessment helps you gauge the financial implications of your claim and set realistic expectations regarding potential settlements or verdicts.
How Long Do You Anticipate My Case Will Take?
The duration of personal injury cases varies from case to case, influenced by the specific details and parties involved. While an exact timeline cannot be guaranteed, your attorney should be able to provide a general time frame based on their experiences, the complexity of your case, and Georgia’s legal processes. This estimation is vital for setting practical timelines and preparing for the next steps of the legal process.
What Is Your Fee Structure?
It is essential to understand how your attorney will charge for their services. Most personal injury lawyers operate on a contingency fee basis, meaning their payment comes as a percentage of the settlement or award obtained. In other words, your attorney will not get paid unless they win your case. Discuss this fee structure and any additional potential expenses upfront. A clear understanding can lay the foundation for a strong attorney-client relationship.
5 Common Myths About Personal Injury Cases
Unfortunately, many victims of personal injury accidents do not seek the compensation they deserve due to widespread myths about the claims process. Often, if victims do not pursue justice through a personal injury claim, they will not be fairly compensated for their losses. The following are some common misconceptions debunked:
Myth #1: Victims With Minor Injuries Do Not Need to File a Personal Injury Claim
It’s often difficult to gauge the severity of injuries immediately after an accident. Some injuries that may seem minor immediately after the accident may worsen significantly over time. It is always in your best interests to consult a medical professional to understand the full extent of your injuries before dismissing the possibility of recovering compensation through a personal injury claim.
Myth #2: Insured Individuals Do Not Need a Personal Injury Lawyer
Contrary to popular belief, insurance companies typically aim to minimize the amount of compensation they pay out. They often do not prioritize the victim’s best interests, offering settlements that are much lower than what the victim deserves. Partnering with a Hasner Law attorney is crucial to navigating these challenges and securing the compensation you deserve.
Myth #3: Personal Injury Claims Can Be Filed at Any Time
In Georgia, personal injury claims must be filed within two years from the date of the accident, as dictated by the statute of limitations. Delaying action can risk the loss or degradation of evidence and witness accounts, complicating the case. It’s advisable to initiate a claim promptly to ensure all relevant evidence is preserved.
Myth #4: Filing a Claim Will Ruin the Defendant’s Life
Many victims are hesitant to file a claim against someone they know personally, fearing the financial impact on the defendant. However, in most cases, it is the defendant’s insurance that covers the compensation, not their personal finances. Prioritizing your health and financial needs is vital, regardless of who may be at fault.
Myth #5: Those Who File a Personal Injury Claim Are Just Seeking Easy Money
There is a stigma that filing a personal injury claim is an attempt to gain easy money. However, the reality is that accident victims face significant financial burdens from medical expenses, lost wages, and ongoing care. Seeking compensation through a personal injury claim is a legitimate avenue to offset these costs as you recover from the accident. If your injuries were caused by someone else’s negligent actions, you are rightfully entitled to seek damages for your losses.
Keys to a Successful Personal Injury Claim in Georgia
A successful personal injury claim establishes the following:
- One or more parties had a duty to protect the victim from harm; this duty can be as simple as following the posted traffic signs or removing blatant hazards from a person’s property
- Those parties breached this duty; this breach is known as negligence
- Because of the party’s breach of his or her duty to others, an accident occurred that resulted in the victim’s specific bodily injury
- The injury caused the victim to suffer specific financial damages; these damages can include medical bills, missed wages, and other intangible expenses known collectively as “pain and suffering” damages
To demonstrate each of these elements of your claim, you must use evidence. Some pieces of evidence are collected at the scene of the accident, such as photographs and eyewitness testimonies. Other are obtained later, such as documentation of lost wages and medical bills. It is important to note that the negligent party in a motor vehicle accident is not always another driver. Sometimes, accidents happen because one or more of the vehicles malfunctioned or had insufficient safety features. Accidents can also result from poor roadway maintenance or design, in which case the entity charged with maintaining the roadway may be negligent. Call our personal injury lawyer in Georgia today to help you seek justice and the compensation you deserve.
Using Evidence to Support Your Personal Injury Claim in Georgia
Immediately following your accident, it is important that you gather the pieces of evidence that can be obtained only in those moments, such as photographs and contact information for any witnesses. The only exception is if you need emergency medical care, in which case you should get yourself to the nearest emergency care center as soon as possible.
Other pieces of evidence to include with your claim are your medical bills, including bills for doctor visits, medication, and hospitalization, and any documents that show the wages and other compensation you lost because of the accident. This evidence can include pay stubs and paperwork showing your leave from work to recover. If you are seeking compensation for other damages, such as the need for mental health care services, include those bills as well.
Your Georgia personal injury lawyer may be able to obtain additional evidence to support your claim, such as a digital recreation of the accident from an accident reconstruction specialist or testimony from an expert witness, an individual whose professional expertise enables him or her to discuss your case without having witnessed it firsthand. In a personal injury case, this may be a doctor or a physical therapist.
How an Personal Injury Lawyer in Georgia Can Help Your Claim Reach a Successful Settlement
When you are suffering from an injury, your top priority should be your recovery. Take the time to rest, complete necessary medical procedures and therapies, and focus on your health. Your lawyer can handle the difficult parts of pursuing a personal injury claim on your behalf.
In Georgia, the statute of limitations for personal injury claims is two years from the date of the accident. Your lawyer can ensure that your claim is submitted within this time frame. He or she can also negotiate with the negligent party’s insurance provider to secure an appropriate settlement amount for your damages after you receive a lowball offer, which is often the case with personal injury claims. He or she can also advise you about how to proceed through each stage of your claim’s progress, including advising you about the possibility of filing a lawsuit if you cannot reach a fair settlement with the insurance provider.
Work with an Experienced Georgia Personal Injury Attorney Today
If you have been injured in an accident caused by another party’s negligence, you have the right to seek compensation for your damages through a personal injury claim. Although you can pursue a personal injury claim on your own, working with an experienced personal injury lawyer in Georgia will give your case a better chance at success because your lawyer has the knowledge and expertise to build a claim and negotiate with the other parties involved on your behalf. To learn more about the personal injury claim process and what you can expect given your case’s specific circumstances, contact our team of personal injury lawyers at Hasner Law PC today to set up your initial consultation with us. You can reach us at 678-888-4878 or contact us here.
