What do I do after an accident?
If you are injured then you should seek medical attention as soon as possible. Whether you are taken by ambulance to the emergency room or driven their separately, medical treatment must be a priority. If possible, also take photos and videos of the scene and get the contact information from any witnesses. Do not apologize for any information because that could be used against you in an insurance claim or lawsuit. Contact a personal injury attorney if you were not at fault, and our consultation is free.
How do I know if I have a case?
Contact us for a free consultation to discuss your case in detail. This consult will give you information on who you can or can't sue, potential recovery, and whether your claim is strong.
Do I have a case if I do not feel hurt?
You may still have a case even if you do not feel hurt at the scene. After an accident many people may not feel pain but that doesn't mean you are not hurt. In fact, pain often intensifies several days after the accident. Therefore, speaking with us and seeking medical treatment is very important.
How long do I have to file a personal injury case?
For personal injuries, like motor vehicle accidents and slip and falls, the statute of limitation is two years in Georgia. Generally, a lawsuit will need to be filed within two years of the accident. There are some exceptions, but those are narrow. It is best to pursue a claim as soon as possible.
What do I do if an insurance adjuster calls me?
Never speak to an insurance adjuster or a similar third party without consulting an attorney. Insurance adjusters will appear friendly and worried about your injuries but that is not the case. Their goal is to investigate the facts and deny or limited their liability.
What damages are available in a personal injury case?
Those injured by another, through no fault or their own, may be eligible for compensation ("damages") in the form of medical bills, lost wages, property damage, and pain and suffering. Compensatory damages can be divided into non-economic and economic damages. Non-economic damages are subjective and aren't easily quantified (pain and suffering, mental anguish, lost enjoyment of life, etc.). Economic damages are tangible and can easily be quantified (medical bills, lost income, property damage, etc.).
How much is my personal injury case worth?
Your case and its worth will depend on the facts surrounding the accident, which will need to be investigated. We can provide you with an estimate of the value based on past similar cases. Additionally, how much you can collect will depend on the availability of insurance and the assets of the at-fault party.
What if I had a pre-existing condition?
You may still be entitled to damages when you have a pre-existing condition. Damages may be reduced as a result of the pre-existing condition but can also be increased where the at-fault party's behavior aggravates the condition. In Georgia, the injured person is taken as is. This is known as "the thin skull rule" and states that if a person has thin skull the defendant will be liable for all the resulting damage their accident has caused even if that damage wouldn't have occurred without that pre-existing condition.
What if I was partly at fault for the accident?
Georgia, like the majority of states, is an at-fault state. When you are in an accident, as long as you not 51% or more at fault then you will not be held responsible for those damages.
How long will it take to settle my claim?
Few personal injury cases go to trial and with the majority of claims being settled with the defendant and/or their insurance company. Complex cases can take years to settle while non-complex cases can be settled in shorter period of time including weeks and months.
What is a release in a settlement?
A release is a document that you sign in exchange for receiving the settlement money.
Our attorneys will review the release to make sure you are not giving up any of your rights.
Most releases state that if you accept the settlement you will not be able to sue or pursue claims against any other party other than defendant.