Frequently Asked Questions

In a recent ruling by the Georgia Court of Appeals, it was provisioned that a residential lease limiting the time a tenant can sue to one year applied to any sort of claim. This would include Personal Injury claims that would otherwise fall under the state’s two-year statute of limitations. If management companies begin incorporating these shortened limitations provisions to lease agreements, there could “be a dramatic effect on premises liability litigation.” How could this change affect your personal injury case? What goes into consideration when you’re pursuing a premises liability claim?

Understanding how the law works and how you are impacted is important in every case. Premises Liability refers to the responsibility of property owners or non-owner residents to maintain a relatively safe environment so that those who come onto their property don’t suffer an injury. In the state of Georgia, you have two years after a premises accident to file a lawsuit against a company or person. This statute of limitations means that “any lawsuit arising from an accident or injury must be filed within [this] time limit or the injured person’s legal claim will be barred and his or her right to sue will be lost forever.” The ruling that was made directly affects this as the Court of Appeals decided to uphold verbiage in the plaintiff’s leasing agreement that stated, “To the extent allowed by law, resident also agrees and understands that any legal action against management or owner must be instituted within one year of the date any claim or cause of action arises and that any legal action filed after one year from such day shall be time-barred as a matter of law.” While the language of the limitation-on-actions provisions is broad, it encompasses any legal action that the resident could have taken against the owner or management of the apartment complex. This “appellate opinion affords blanket immunity to anyone who places such a requirement into a contract” and puts those who don’t read these agreements into a tight situation.

If you or someone you know has been injured on someone else’s property, we urge you to contact a lawyer right away. You may be able to recover damages if you have not exceeded the time limit. In some cases, the statute of limitations is not clear, so in any event, you should have your claim reviewed by a qualified injury attorney. To speak to one of our claims specialists day or night, call Hammers Law Firm today.

Determining what your settlement amount is in a car accident is challenging. There are a number of different factors to take into consideration, especially when it comes to pain and suffering in Atlanta, GA.

Pain and Suffering Damages

Pain and suffering damages look at both the physical pain you are suffering from as well as any mental anguish you had from the events of the accident. While some injuries make it obvious that you are in severe physical pain, others do not.

Proving pain and suffering in Atlanta, GA, is difficult. It is hard to place a value on this hardship and prove to the court how much you are suffering. Some injuries allow for a predetermined recovery time that is simple to calculate your pain and suffering duration.

Other injuries are not as easily definable. Long-term injuries are hard to understand how long the recovery period is after a car accident. Other injuries that are extensive may prove that there is significant pain while other injuries it may not be as visible that you are suffering.

In addition, every person feels pain differently. Some individuals have a high threshold for pain while others feel intense pain easily. This is a difficult situation to assess when it comes to pain and suffering in Atlanta, GA.

An insurance company may not have a lot of sympathy towards your case. If you do not seek medical treatment after a car accident, an insurance company is quick to write off pain and suffering damages.

An insurance company may think because you did not visit a doctor for your injury, you are not in a lot of pain. Getting medical treatment can help prove the extent and severity of your injury after a car accident. This can help you receive pain and suffering damages in Atlanta, GA.

Pain and suffering damages are unique to each car accident case. It is very difficult to come to an exact amount for these damages. Your car accident attorney in Atlanta can help determine the settlement amount you may receive for your pain. They can help you calculate the compensation you deserve and fight your case against an insurance company. 

Working with a Car Accident Lawyer in Atlanta

Because pain and suffering damages are a gray area in most cases, you need a car accident attorney in Atlanta to help you with your case. They will fight against a negligent driver to get pain and suffering in Atlanta, GA.

Your car accident lawyer in Atlanta knows what your case is worth. They will fight for fair compensation for your injuries. They can prove that you are suffering both physically and mentally. You deserve pain and suffering as part of your settlement after a car accident. 

Let your car accident attorney in Atlanta fight for you. They know how to negotiate pain and suffering settlements with an insurance company. They will use your medical documentation to get you fair compensation and represent you in court.

Your car accident attorney in Atlanta may ask for documentation about your car accident. Medical records and photos of your injury can help prove the pain and suffering you are enduring. They will work as evidence in court and can help you win compensation for pain and suffering with your case.  

Having a car accident lawyer in Atlanta on your side can help you win compensation for pain and suffering in Atlanta, GA. They know the laws for car accidents and how settlements are determined by insurance companies and in court. 

A car accident attorney in Atlanta can negotiate with an insurance company on your behalf. If a settlement is unreachable, your car accident attorney in Atlanta may advise you to take your case to court. Here, they will use the evidence you presented to get you a settlement. 

Do not hesitate to speak to your car accident lawyer in Atlanta about your injury case. They can determine if you qualify for pain and suffering from your injuries. 

Contact a Car Accident Attorney in Atlanta

When involved in a car accident where an injury occurs, you need a car accident lawyer in Atlanta that can help you with your case. The lawyers at Hammers Law Firm can assist you with your injury case and get you the compensation you deserve. They will fight for pain and suffering as part of your settlement. Let the car accident attorneys at Hammers Law Firm work for you. Contact us now to set up a consultation.

After you’ve suffered a car accident or personal injury, you just want your life to get back to normal. You want the medical bills paid, the car repaired (or replaced), and to get back to work. You especially want your injuries healed so you can get back on your feet. The responsible party’s insurance company knows all of this, so it will act fast to make you an offer. With your world turned upside down, it can be very tempting to take that offer. Here are some reasons why you should speak with a lawyer before you do. Keep in mind that insurance companies are businesses. They exist to make a profit, not to be your friend. That means they have a strong incentive to reach a quick settlement for the lowest price possible. An insurance adjuster or representative may come across as sympathetic to your case. But remember: your injury is a problem that the at-fault party’s insurance company will do everything to make go away. Settlement offers are often much lower than they should be. If you’ve suffered an injury, for instance, there could be medical problems that don’t manifest themselves until later. Insurance companies are not thinking about later; they are thinking about right now. And they are counting on you doing the same. Therefore, a settlement offer may not cover all of the expenses that you ultimately incur. Hospital bills are perhaps the most obvious and immediate matters pressing on you after an accident or injury. But there are other considerations: lost wages; decreased earning capacity; pain and suffering. Again, a low-ball offer is not likely to address these and other expenses. Insurance adjusters only want to pay for the most obvious costs; even then, they want to pay the smallest amount. The fact is, without legal representation, you probably won’t know the true value of your case. Having a lawyer will help you determine this. Attorneys with experience in car accidents and personal injury know the potential costs and how-to best value your claim. But because the insurance companies want to minimize costs, their offers will likely not reflect what your case is worth. Once you accept a settlement offer, your case is closed. There is no redo, and you don’t get to bring your case to court. Insurance companies have their own army of skilled attorneys who draft settlement agreements in ways that prevent this. Their goal is to settle quick and settle once and for all. If you haven’t spoken with an attorney before you sign that settlement agreement, it’s too late. Of course, you are under no obligation to accept a settlement offer. But you do not even have to speak with the other party’s insurance company, either. If you do, beware of the risks that exist even with settlement negotiations. Insurance companies often want car accident or personal injury victims to give recorded statements during settlement discussions. This is a bad idea and could damage your case if you decide later to not accept a settlement offer. The unfortunate fact is that insurance companies will use whatever they can against you. Discussing settlement with them could potentially set you on the path of ruining your case.

How Can an Atlanta, GA Car Accident Attorney Best Represent Me?

Insurance companies will prey on your vulnerability and lack of understanding of the law. They will use your own words to undermine your case and will minimize your injuries. They may even try to convince you that your injuries were pre-existing, especially if you provide them your medical history. The bottom line is that insurance companies will not take you seriously if you don’t have a lawyer. On the other hand, having an attorney on your side tells the insurance company that you deserve fair compensation. Before speaking to the third-party insurance company, talk to the experienced attorneys at Hammers Law Firm today.

After a large truck accident, there’s a lot of work that must be done before you receive compensation. Every attorney has a different approach to resolving a case. But there are some basic steps that lawyers take to help accident victims. Knowing these will enable you to partner with your truck accident attorney and work together towards a positive outcome.

The first step after an accident is investigating how and why it happened. Not every lawyer invests sufficient time and work to learn all of the facts. Remember, however, that the insurance companies will conduct their own investigations – shouldn’t your truck accident attorney?

The goal of an investigation is to determine who is at fault in your accident. Potentially liable parties include the driver, the trucking company, and the truck manufacturer. To that end, your truck accident attorney may review several things, including the following:

  1. The driver’s background, including his or her training, licensing, and credentials
  2. Whether any traffic laws were broken leading up to the accident
  3. Vehicle maintenance logs and related documents
  4. Accident scene evidence, including police reports, witness statements, and photographs
  5. Any evidence of manufacturing defects or abnormalities involving the large truck

The victim will also be a source of evidence. Your truck accident attorney will want to know, in your own words, the events leading to the accident. It’s important for your attorney to know all relevant facts surrounding the incident. The information you provide to your attorney is privileged, so you should be candid with your narrative. Keeping your attorney in the dark will only make it more difficult to argue your case.

After the investigative phase, your attorney may attempt to negotiate with the responsible party’s insurer. The objective is to prevent anyone from having to go to trial. But if negotiations fail, your attorney will draft and file a complaint. This will formally begin the lawsuit and put all relevant parties on notice about your claim. The information collected during the investigation will be used to draft the complaint. It will describe the large truck accident, detail your injuries, and make allegations of negligence.

Once the lawsuit is filed, your claim may go one of several ways. In many cases, the parties will enter (or re-enter) into negotiations with the hope of reaching a settlement. Accident settlements are fairly common, and your attorney will walk you through the steps of reaching one. In other cases, the lawsuit will wind up in court. Along the way there may be more settlement negotiations, as well as discovery and other steps to gather information. Arbitration may also be attempted to resolve your matter, depending on the facts in the case.

If no resolution is ultimately reached, then the case will go to trial. This is where your truck accident attorney will litigate the case and try to convince a jury to award you damages. There are numerous rules and procedures that must be followed, both before and during the trial. At trial itself, your attorney will use information gathered throughout the course of the claim. Some of this information is provided directly by you, but much of it will be produced through discovery. Bear in mind that the insurance companies will have their own evidence to present as well. They, too, will use discovery to gather that evidence. They may also use private investigators or publicly available information about you. Your attorney’s job is to argue your case and defend it from the inevitable attacks by the opposing party’s lawyers.


Large truck accidents are serious, traumatizing events. Your attorney will work with you each step of the way to ensure you receive the greatest amount of compensation. Before you get started with a claim, have your lawyer explain the process that lies before you. Also make sure your lawyer understands your needs and expectations. Communication on both sides of the attorney-client relationship is vital to winning a case. The experienced personal injury attorneys at Hammers Law Firm have the experience needed to see your case to a successful conclusion. Call us today for a consultation.

Nearly everyone, from school students to senior citizens, rides or has ridden a bus at some point in their lives. For many Georgia residents, buses are simply a way of life. However, with such a widely used method of transportation comes safety risks. While buses are arguably safer thanks to state and federal laws, bus accidents are serious and often result in bus accident injuries. Here is what you should do in the event you are ever involved in one.

Some of the most obvious, yet preventable causes of bus accidents can be attributed to driver error or negligence. Among these causes are speeding, failure to check blind spots, improper turning and similar mistakes. Other, more dangerous behavior, such as driving while intoxicated or fatigue, can also cause bus accidents. A minor mistake can have fatal consequences, because of the sheer size of a bus.

Not every bus accident is caused by the drivers involved. Hazardous road conditions could be a cause. Construction work zones, especially in urban areas like Atlanta, could worsen already congested commutes. Even properly designated work zones can be dangerous and difficult for buses to navigate. On the other hand, an improperly maintained bus could cause mechanical errors that lead to wrecks. Sometimes defects in the bus affecting brakes, the engine or other critical components are to blame.

Accidents such as these will likely require that third parties be considered for liability purposes. Among those who could be held responsible are state and local governments and companies that manufacture defective parts. Your attorney will know how best to seek compensation from any responsible parties involved.

A bus accident can result in numerous injuries. These include broken bones, lacerations, head and spinal cord injuries and traumatic brain injuries. Depending on how severe the accident is, you may be facing more than just high medical bills. Many accident victims miss work and suffer lost wages. Others experience permanent disability and painful rehabilitation. You may have other property damage because of the accident.

Your attorney will gather all relevant information related to the crash. In your case, there could be witnesses involved, including other accident victims. To the extent you can, you should try to get contact information for anyone who may have seen the crash. There may also be maintenance records and other documents demonstrating negligence. An accident attorney can obtain this and any other evidence concerning the wreck.

Once all of the information is gathered, your lawyer will work to determine who is at fault. Some bus accidents involve private parties, from bus companies to the manufacturers of defective parts. Multiple insurers may be involved and have competing claims and disputes. You may have a lawsuit against a public transportation agency such as the Metropolitan Atlanta Rapid Transit Authority (MARTA). These claims are especially complex and should be handled by an experienced bus accident attorney.

Bus companies owe an extraordinary duty of care to their passengers as well as other motorists. They are expected, of course, to follow all safety regulations and laws governing common carriers. There are different standards involved in claims against MARTA and other public entities. Your attorney will know the necessary rules to follow, depending on who the defendants are in your case.

An Experienced Georgia Accident Attorney Can Help

If you’ve been involved in a bus accident, you need tenacious litigators on your side. At Hammers Law Firm, we work hard for the rights of accident victims. We will review the facts in your case and understand the losses you’ve suffered. Call us today to set up a free initial consultation.

Working in an unsafe environment is not only a threat to your safety, but it can also harm your mental health and diminish productivity. Under federal law, you are entitled to a safe workplace. Your employer must provide a workplace free of known health and safety hazards. If you have concerns, you have the right to speak up about them without fear of retaliation. Remember, in Georgia, you have one year from the last day of treatment to file a lawsuit for a workers compensation claim.

Know Your Rights

According to the Occupational Safety and Health Administration, or OSHA, you have the right to:

  • Be trained in a language you understand
  • Work on machines that are safe
  • Be provided required safety gear, such as gloves or a harness and lifeline for falls
  • Be protected from toxic chemicals
  • Report any injury or illness, and get copies of your medical records

There are certain responsibilities that Georgia employers must meet by law. If you aren’t sure that a rule has been broken, contact a local Atlanta workers compensation lawyer to consult on your potential claim.

Getting Treatment

After an accident at work, you should notify the supervisor or manager on duty. In the case of emergency please call 911 for immediate medical assistance. Once you’ve notified your employer of the accident, they should file an injury report and provide you with a list of doctors to treat for your injury. All employers are required to have a list of board-certified doctors under federal law. Your employer should offer a job for you that fits any work restrictions you have due to an injury.

Document your Environment

An unsafe work environment is usually a sign of a deeper problem, like poor management or an overworked team. If you find yourself in an unsafe work environment, seeking employment elsewhere is a good idea. If leaving your current employer is not an option for you right now, you should be sure to document all the unsafe work practices that you witness. This may involve keeping a daily diary in which you indicate witnessing unsafe work practices.

Seek Legal Help

In the event of injury, this evidence combined with a respected Atlanta workers compensation lawyer could help you get the settlement you deserve and the medical care that you need.

If you are injured in an incident, then you have the right to seek compensation. However, it is not always possible or obvious to start the process as soon as the event happens. In Georgia, there is a time cap within which you are expected to file any personal injury lawsuit. This cap is called a statute of limitations. It is meant to block anyone from filing a lawsuit, even a personal injury lawyer, once the stated time has passed. The law is essential since it makes it easy to investigate and make rulings on injury claims. In Georgia, you have up to two years to file a personal injury claim.

There are, however, exceptions to the statute of limitations that your injury lawyer can explain to you. Regardless, it is important to file an injury claim as soon as possible. This is to avoid instances where you are denied compensation. The easiest way to ensure that this doesn’t happen is to consult a personal injury lawyer at Hammers Law Firm.

What a Personal Injury Lawyer Will Tell You About the Statute of Limitations in Atlanta, GA

Whether it is on your behalf or that of a relative, Georgia residents have up to two years to file a personal injury claim. That is the rule for all injuries caused by an incident due to neglect by the party responsible. You also have two years to file the claim against the government. You have six months to file against the city.

It is crucial that you gather your details and start the process of filing as soon as you can. This allows your personal injury lawyer adequate time to plan and file the claim. The sooner the complaint is made means that there will still be plenty of evidence to support it. It is also more likely that your witnesses are still available. This will help you to have a strong case to support your personal injury claim.

If the window closes before you take your case to court, it may become difficult for you. If you file after this period, it is likely that the Atlanta, GA court will immediately throw it out. The defendant may also request that the court not tolerate your lateness. The court may not listen to your claim.

If you file after two years, your evidence may also become weak. You may lose some witnesses too, so your petition may not make sense even if it is allowed. There are, however, instances where the court may tolerate the late petition through your personal injury lawyer.

What are the Exceptions to the Statute of Limitations in Georgia?

There are individual cases when the court may delay the statute. They include:

If the affected person was a minor at the time of the incident. The law becomes active once the child turns 18 years.

If the injured person was incapable of filing a suit due to mental illness or disability. The statute won’t apply till the person is declared competent to file for compensation.

If the injuries were not discovered within the two-year period. If the injured person proves the injuries were as a result of the incident, the court may allow it.

The injured person had to leave the state for reasons such as seeking further medical assistance. In case the wounded cannot return in time to file the claim, the court may extend the window. It means there is no consideration for the period when the victim was away.

There are other instances when the court may allow you to file a claim even after the statute period. Your Atlanta, GA injury lawyer is in a great position to analyze your situation and give advice accordingly.

Call a Personal Injury Lawyer for Advice on Your Case

In any personal injury claim, the most important thing to have is an excellent injury lawyer. Once you inform him or her of your incident, he or she will advise on the statutes and start working on the claim. Contact us at Hammers Law Firm for a free consultation and allow us to get you the compensation that you deserve.

After an accident or personal injury, one of the first thing victims think about are costs. How am I going to afford my medical bills? What about all the work I’m going to miss? Add to this the potential costs of hiring an attorney, and the entire process can make anyone anxious. But concerns about attorney’s fees and costs should not discourage you from hiring an experienced litigator. The key is understanding how your lawyer will, or might, get paid. This post is dedicated to explaining that, and to helping you understand how we are paid for our services. To begin with, it cannot be understated how important it is to have legal representation after an accident or injury. A lawyer will understand the rules, guidelines, and of course the relevant laws that will apply in your case. Not hiring a lawyer risks missing deadlines or filings, which can have a detrimental impact on your claim. Remember, if you go it alone, it means you will almost certainly face highly experienced and ruthless trial lawyers. Although you are not required to hire a lawyer, it is strongly recommended that you at least speak with one. Personal injury and car accident lawyers understand that, for many people, money is a luxury. This is especially the case when someone has been seriously hurt and other bills start rolling in. For this reason, most personal injury firms, including Hammers Law Firm, work on a contingency fee basis. A contingency fee means that the lawyer’s compensation is based on how much is awarded in damages. If the lawyer does not win, they do not get paid. Every firm varies with how much they charge for a contingency fee. However, the typical amount is one-third (33.33%) of what is awarded to the victim. One factor that may affect the amount of the fee is the sort of case involved. If a case is very complicated or will require a great deal of litigation, the firm’s fee may be higher. Also, there may be arrangements to adjust the fee if the case settles. These are all variables that will likely affect your contingency fee, no matter which law firm you choose. Understanding how these fee works is vital to understanding what your ultimate award might be. It’s also important to know the difference between attorney’s fees and costs. This is a distinction you should know regardless of the type of legal matter involved. Attorney’s fees are what the lawyer charges for his services. Many, but not all, attorneys will use the contingency fee arrangement discussed above to cover this. But some may charge on an hourly basis and may require an upfront retainer against which to bill. Hammers Law Firm does not charge hourly. Before agreeing to go with any lawyer, know how the lawyer is charging for his or her work. Costs, on the other hand, are expenses paid to parties other than your lawyer. This can include a wide range of expenses. Court filing fees, postage, travel expenses, expert witnesses, and numerous other third-party costs may be attached to your case. Some attorneys advance these costs up front and pay themselves back from the award. Others may require the client to pay these costs as they accrue. Hammers Law Firm will recoup these case expenses from the settlement amount. There are many ways a law firm may handle these costs. As with attorney’s fees, it’s important for the client to understand how costs will be paid.

What To Expect if You Need a Car Accident or Personal Injury Attorney

The above is intended to provide you some guidance as to how an attorney may charge you. It is useful for understanding the expenses of any type of case, not just personal injury or car accidents. In the event you need an attorney for any reason, educate yourself on how fees and costs may be paid. At Hammers Law Firm, we work on a contingency fee basis, meaning you don’t pay anything upfront or out of pocket. You only pay, out of the settlement amount, if we win. The award you receive will be used, in part, to pay for our services and costs. It’s our belief that victims deserve justice, regardless of their financial situations. That is the basis not only of how we charge for services, but our general approach to the law. Don’t let the pressure of mounting costs scare you from getting the legal representation you deserve. If you still want clarification on how costs are paid, please call us today and we will happily explain to you the process. Understand what and how your lawyer and costs are paid. And when you’re ready, call us to set up your consultation.

You’ve reached the conclusion of your personal injury lawsuit. Either by settlement or by trial, you’ve received significant monetary compensation. After the stress of your claim, you’re ready to be done and move on with your life. Attorney’s fees, court costs, and medical bills will need to be paid from your award. But what about the IRS? With tax season upon us, you may be wondering if the government also gets a cut of what you receive.

In most cases, your personal injury award will not be subject to federal taxes. The same general rule applies to Georgia state taxes. The tax treatment of your award will be the same, whether you reach it through settlement or trial. However, bear in mind that awards are complex. They are intended to compensate the plaintiff in several different ways. As a result, awards often contain both taxable and non-taxable elements. Let’s examine both.

The part of your settlement or award that compensates you for your physical injuries is generally not taxable. One of the most significant types of damages falling under this category is medical bills. Damages for pain, suffering, and emotional distress may also be excluded from taxes. However, to qualify, they must be directly related to your physical injuries. Settlements or awards may also cover property damage arising from your accident. The IRS and the State of Georgia view all of these as a form of reimbursement to the victim. As a result, in most cases, there isn’t a tax for them.

Some Important Exceptions

There are some important exceptions. One major one is lost wages. Had you worked (had the injury not happened) you would have earned this money and paid taxes on it. As a result, any portion of the award or settlement that covers lost wages will be taxed.

Another taxable event arises where plaintiffs deduct out-of-pocket medical costs on previous tax returns. If you wrote off these eligible expenses, any compensation you receive for them will likely be taxed.

Punitive damages, which are awarded in some cases to punish the responsible party, will likely be taxed. The IRS considers these awards to be in addition to actual costs suffered by the plaintiff. Certain non-economic damages not directly related to the injury, such as emotional distress, will also probably be taxed.

As mentioned above, many awards combine taxable and non-taxable components. You will need to understand which is which for tax purposes. Also, you may need to demonstrate which is which to the IRS. Failing to do so could subject your entire award to taxes. Be sure to speak with your local personal attorney about this so that your tax return is easier to handle.

An Attorney Can Help with Tax Issues Arising From Your Personal Injury Award

These and other tax matters can quickly become overwhelming and add more stress to an already difficult situation. Fortunately, there are strategies to make the taxes surrounding your personal injury award easier to manage. One possible way to do this is by using what is called structured settlements. These settlements payout to the plaintiff over time and may help reduce tax bills. Another important way to address the tax implications is to separate the award into compensatory and punitive parts. This will make it easier to prove to the IRS which damages are taxable and which are not.

We trust that doctors and hospitals will take care of us and our loved ones in times of sickness and injury. But when medical professionals commit malpractice, it can lead to life-threatening conditions or even death. One of the most common examples of malpractice is misdiagnosis or failure to diagnose a problem. Physicians are expected to conduct thorough examinations and listen as their patients describe their symptoms. This information, combined with the doctor’s knowledge, training, and experience, is used to diagnose conditions. It is also used to recommend treatments, including additional exams or referrals to specialists. A misdiagnosis occurs when the health professional fails to take these steps. When a misdiagnosis occurs, a Georgia medical malpractice lawyer may be able to get compensation.

Cancer, strokes, clogged arteries, and heart attacks are among the most commonly misdiagnosed conditions and illnesses. Many conditions are so serious that improper diagnosis and treatment can lead to serious injury, other illness, or even death. In some cases, it’s not the misdiagnosis that causes the problem. If a doctor prescribes the wrong treatment, it can prove life-threatening or fatal for the patient. Misdiagnoses can occur for numerous reasons. Doctors may focus on one diagnosis while ignoring other possible causes or explanations of the patient’s symptoms. Other times, healthcare professionals may incorrectly interpret scans, x-rays, and the results of other examinations and tests.

Regardless of why they happen, there are certain rules that apply when trying to hold physicians liable. A misdiagnosis does not necessarily mean the patient has a good medical malpractice claim. A Georgia medical malpractice lawyer can help you determine if you have a good claim. A mistake may not have serious consequences or cause any significant complications. In other cases, diseases and illnesses have progressed to the point that no treatments would help anyway.


A Georgia malpractice lawyer will investigate a patient’s claims and determine if these two required elements are present: Failure to meet the applicable standard of care. Health professionals have an obligation to treat their patients with a certain level of care. In other words, they must act with reasonable competence in how they practice medicine. The treatment given – or not given – must cause the resulting injury or death. A mistake may not cause the injury complained of by the patient. Or, the patient may have a preexisting condition. A patient must establish a link between the misdiagnosis and the harm at issue.

Another element – the existence of a duty of care between doctor and patient – is usually not in dispute. The healthcare provider is instead more likely to vigorously defend against the above two criteria. Doctors will be judged on what a reasonable practitioner, in their field of expertise, would do in the given situation. A doctor will be held liable if no reasonable provider in his or her position would have misdiagnosed the patient’s condition. Potential damages for which a healthcare provider may be liable include medical costs and wrongful death. Pain and suffering, emotional distress, and lost wages are other possible damages.


Georgia’s malpractice statute sets a tough standard, and doctors are not required to be perfect. A malpractice claim essentially argues that a healthcare professional conducted himself or herself in an exceptionally poor manner. Hospitals, clinics, and primary physicians will use medical records and expert witnesses to defend their practice. Larger medical providers employ aggressive and skilled litigators. Insurance companies will likely get involved and try to convince the victim to settle for less than the claim is worth. All of these factors make malpractice cases difficult. On top of this, claims generally must be filed within two years of injury in the state of Georgia.

A Georgia medical malpractice lawyer who understands the complexity of malpractice and is experienced with diagnosis errors may be able to help get justice. If a statute of limitations issue arises, there may be exceptions available. Don’t pursue your case alone, call Hammers Law Firm to confidentially speak with an attorney today.

The world is online. Facebook, Twitter, Instagram, Snapchat and other social media sites are, for many people, the modern equivalent of a diary. When your real life includes a personal injury claim, it’s likely you will want to include that online as well. But, as an Atlanta personal injury attorney will tell you, careless use of social media can seriously damage your case. Perhaps in ways you didn’t even think about.

Social media can undermine your case by making it appear you are not hurt. If you have suffered an injury, your ability to participate in normal daily activities will in some way be affected. Acting contrary to this will make a jury question the extent of your injury – or whether it even happened. Posting photos of yourself taking part in sports or exercise is a classic mistake.

The activity shared on social media may seem unrelated to your injury. However, your case may still be jeopardized. For example, say you’ve broken your leg and are experiencing pain and suffering. Then, after your injury, you go to the beach during your recovery time. There’s nothing necessarily wrong with this. You may relax under the sun the entire time, and that doesn’t mean you weren’t injured. However, the defendant’s attorney will almost certainly jump on this. Even if the photos you post are of you getting a tan, it paints a bad image. The opposing counsel could speculate that you also surfed while at the beach but didn’t post those pictures. Bottom line: don’t open the door to anything that could raise questions or back you into a corner.

This applies to emotional injuries too. If you’re experiencing depression after an accident or workplace injury, the other attorney will look for clues you’re not suffering. A clue may not be an obvious photo of you out on the town with friends. Your status updates on Twitter or Facebook could make it appear that your emotional injuries are minimal or non-existent. Again, don’t post anything that will cause a jury to question you.

There are other less obvious ways you could damage your claim. When you are suing for a monetary award, you must be discrete about it. Posting something like, “I’m gonna be rich!” or “Those guys at (company) will pay!” creates a negative impression with juries. Your social media history could also undermine your credibility. If you’ve posted anything that makes you appear dishonest or calls your character into question, the defendant may use it. Being on your best online behavior is a must, but it doesn’t start on the day of your injury. It applies to your entire internet profile and history.

So, what should you do with your social media accounts after an injury? It may be tempting to suspend all of them. Do not do this. Deleting your accounts will make you appear like you are hiding something. If you have posted about your case or posted something that could be used against you, do not remove it. Deleting it or trying to cover it up will look even worse. Tell your family and friends to avoid posting anything about you or your injury. Even something relatively innocent can be misinterpreted or invite further investigation.

Lastly, be careful with your electronic communications. This is less about social media, and more about email, texting, phone calls, and other forms of contact. Limit what you say about the accident regardless of whether it’s over email, over the phone, or on social media.


The best step anyone can take after an accident or injury is to retain a lawyer. Your lawyer is a partner in your case who will fight for the compensation you deserve. This means you have to work with your attorney in return. Listen to the advice of counsel when it comes to your social media presence. It will make recovery for your injuries much more likely. If you’ve been injured, speak to a dedicated Atlanta personal injury attorney at Hammers Law Firm today.

As we go about our daily activities, we seldom give much thought to stepping onto an escalator or elevator. These devices are so common that they’ve become a way of life, especially in large cities. Although we assume them to be safe, accidents do occur. Over 17,000 people are injured each year by elevator and escalator accidents, according to the U.S. Bureau of Labor Statistics. Meanwhile, about 30 people are killed each year in such accidents. Understanding your rights as an accident victim will help secure the compensation you need to get your life moving again.

It’s important to remember that while escalators and elevators seem pretty mundane, they are actually complex pieces of machinery. There are numerous moving parts that have to be maintained in order to keep them in safe operation. Poor maintenance, malfunctioning parts, and negligence on the part of business owners and operators of the devices may cause accidents. These risks are higher for children, the elderly, and those who have trouble with mobility.

Some of the specific causes of injuries from elevator and escalator accidents include the following:

  • Defective design or manufacture of the device or parts of the device
  • Missing sections of the escalator track
  • Clothing and shoes becoming caught where the stairs end
  • Broken or missing steps
  • Loose or missing screws and otherwise poor maintenance

On the other hand, elevator accidents can be due to any number of factors, such as:

  • Door closure malfunctions, including door sensor failure
  • Sudden drops or landings
  • Entrapment inside the elevator
  • Floor shifts in the elevator
  • Elevator falls due to brake or cable failure
  • The elevator is not level with the floor when it opens, causing passengers to trip upon exiting

Injuries caused by elevator and escalator accidents and can be severe and require immediate medical attention. But even a simple trip can result in relatively significant problems for the victim. Among the types of injuries that Georgia premises liability attorneys see are:

  • Dislocated joints
  • Fractures
  • Amputations
  • Traumatic brain injuries
  • Spinal cord injuries
  • Cuts and abrasions

These devices are subject to rigorous inspections and regulations and must be kept up to code. But that doesn’t always prevent a serious accident. For this reason, Georgia law recognizes the dangers that can result from poorly built or maintained escalators and elevators. Property owners with these devices on their premises owe riders and users a duty of care. Negligence, therefore, is almost always the causes of accidents.

Failing to conduct regular inspections, respond to safety issues, or take devices out of service can put riders at risk. In order to establish liability for your accident, an attorney will typically work to obtain the following information:

  • Maintenance and inspection records
  • Any records of rider complaints or known safety issues
  • Records indicating whether the escalator or elevator complies with applicable codes
  • Testimony or evidence from witnesses
  • Victim statements and medical records

If you’ve been hurt, the first thing to do is seek necessary medical attention. Keep all of your records and bills documenting your injuries, treatments, prescribed medications, and, of course, costs and expenses. Make notes of what exactly happened, providing as much detail – including time and date – as possible. Lastly, try to get the names and contact information of witnesses who may help substantiate your claims later.


Elevator and escalator accidents can occur anywhere and without warning. Severe damages, even death, can result. At Hammers Law Firm, we have helped victims of failed elevator and escalator accidents recover hundreds of thousands of dollars. If you or a loved one have been involved in one of these accidents, contact the team at Hammers Law Firm. They will investigate your claims, help gather evidence, and work to ensure you are fairly compensated for your injuries.

Construction site accidents are not uncommon in the United States. The Bureau of Labor Statistics reports that there are 150,000 injuries from such accidents each year. We tend to think of construction workers as being the victims of construction site injuries but bystanders can be hurt as well. What kind of legal protections exist for non-workers who happen to be injured at or near construction sites?

Consider the types of accidents that can take place. Construction involves heavy machinery, hardware, tools, and the use of high amounts of electricity, heat, and other elements. The potential for accidents is always present, and the more serious the construction, the more hazardous the work site. Some examples of construction site accidents that a Georgia personal injury attorney often sees include:

  • Collapsing Scaffolding
  • Fires, explosions, and burns
  • Beams and materials left in pedestrian walkways
  • Electrocution and electric shocks from exposed wires
  • Machinery malfunctions
  • Falling objects

These and other accidents can affect not only the workers, but also pedestrians and other individuals passing by construction sites. Such sites are required to be properly secured, inspected, and set apart from other areas. We’re all familiar with the orange signs, cones and physical barricades which warn bystanders of nearby danger. Other regulations require that certain procedures be observed to protect workers and non-workers alike. At the heart of all the rules that govern construction is an awareness of the danger posed by this work.

The individuals and organizations responsible for safety can sometimes be negligent in fulfilling their duties to workers and the public. A variety of parties could potentially be held partially or completely liable in the event of a construction site accident. The parties that could arise in a claim include:

Construction site owners. The actual owners of the property are ultimately responsible for maintaining a safe working environment. If the owner knows of a safety violation and fails to take corrective action, he or she could be liable.

General contractors and subcontractors. The companies that carry out the actual construction are responsible for ensuring their workers observe all rules and regulations. These rules are designed in part to protect non-workers who approach or are near the site.

Architects and engineers. These individuals are responsible for the design, build and approach to the construction project. A flaw or miscalculation can cause structural collapse during the course of the work, hurting or killing bystanders.

Machinery and equipment manufacturers. Companies that make the machines, tools, and equipment used on sites have an obligation to avoid design flaws and defects. As an example, a crane that falls and kills a pedestrian could be the result of a manufacturing defect.

Insurers. The parties responsible for providing insurance coverage, in a variety of forms, could be required to pay compensation.

After an accident, the first thing a bystander should do is seek the medical attention he or she needs. The next goal will be to figure out what happened and who is responsible. Here, the accident victim and his or her attorney should gather as much information as possible. Eyewitness statements, photographs, and other records will prove useful during this stage. It would be wise to turn to an experienced Georgia accident attorney to help investigate and take legal action.


If you have been hurt by being in the vicinity of a construction site, you could be entitled to compensation. While workers’ compensation provides relief to the injured workers, this coverage does not apply to innocent bystanders. You need an experienced Georgia accident attorney at Hammers Law Firm to fight for your legal rights after an accident. Give us a call today to discuss your case.

Summer time means visits to Six Flags and other amusement parks in Atlanta and across the country. Most families have fun on their minds and give little consideration to what could happen if things go awry. But accidents do happen, and thousands of park visitors are injured each year. What sorts of injuries are possible, and what steps should you take in the event you get hurt?

Amusement park rides are extremely complicated and must be serviced regularly to maintain safe operation. Although most are properly cared for and will never cause problems, there are many moving parts that could malfunction. The following is a list of things that could go wrong and cause an accident:

  • Missing, broken, or insufficient safety belt or harness
  • Broken lap bar
  • Malfunctioning safety lock or other components
  • Loose cables
  • Corroded or rusted parts
  • Track defects
  • Electrical shortages

When rides such as roller coasters malfunction, riders can be trapped. Sometimes passengers are stuck upside down, requiring rescue. But riders can also be injured or even killed. These are some injuries that can result from faulty roller coasters and other amusement park rides:

  • Head injuries
  • Whiplash and neck strain
  • Back injuries
  • Broken bones
  • Sprained ankles
  • Cuts, burns, and lacerations
  • Injuries after being thrown from a ride
  • Loss of a limb or digit
  • Loss of feeling in a limb or digit

We often think of injuries as those related to roller coasters and other park rides. A sometimes overlooked type of injury is the slip and fall. These actually tend to be more common because they can occur anywhere. The risk increases at water parks, pools, and other water-themed areas within an amusement park. Drowning is another injury that is common at water parks.

The question of who is responsible for injuries – and to what degree – involves consideration of negligence. As it relates to amusement parks, the particular doctrine at issue is premises liability. In Georgia, property owners have a duty to maintain their premises in a reasonably safe manner. A property owner is liable if a visitor is injured on the property due to unreasonably unsafe conditions. In the context of amusement parks, the following could be evidence of liability:

  • Staff members who are not paying attention or properly securing ride passengers
  • Spills, wet floors, and otherwise slippery surfaces not cleaned
  • Failure to regularly inspect and properly maintain rides
  • Failure to keep the park grounds and facilities in safe, working order

Liability is often attributed to the amusement park due to negligence on the part of management, staff, and employees. In some cases, however, the manufacturers of the rides can be held responsible. Some parks hire maintenance companies to keep the rides in proper working condition. When those companies fail to do their jobs, they may be held liable.

Every case is different, and each one hinges on the particular facts surrounding the accident. There are several steps that a victim or victim’s family can take to document the injury. Many visitors to parks naturally carry video recording equipment and cameras, which could provide evidence. Considering the number of people who visit parks on any given day, there could be dozens or hundreds of witnesses. If you can locate any, you should get their names and contact information for later. Hold on to your medical bills, evidence of lost wages, and records of other costs concerning your injury.

Don’t Wait to Speak to a Personal Injury Attorney

Perhaps the single most important step you should take after an accident is to contact an experienced personal injury attorney. Management at the amusement park may attempt to settle with you for far less than your case is worth. This is to make your case go away at the lowest possible cost. But for many victims, it means unpaid medical bills and lost wages because of low dollar amounts. If you or a loved one have been hurt at an amusement park, you deserve fair compensation for your injuries. Talk to the personal injury attorneys at Hammers Law Firm today.

The rules for liability are fairly clear when the defendant is a private entity, such as a business or landowner. But what if an accident takes place on government property? Injuries can happen in parks, on sidewalks, in government buildings, and in innumerable other public locations. The processes and standards required for holding government entities liable are generally more complicated than for private actors. Having an attorney is therefore vital to preserving your rights and winning the compensation you deserve. The first thing to consider if you’ve been hurt on public property are the basic rules governing premises liability. In any personal injury case, you have to prove four elements to establish a party’s negligence:

Duty – the property owner has a duty to keep the property reasonably safe.

Breach – the property owner failed in that duty. For instance, the owner knew, or should have known, of a hazardous condition and failed to correct it.

Causation – the breach, for example the hazardous condition, caused injury to someone.

Damages – the injury resulted in damages.

Suing the government for negligence is considerably more difficult because of the concept of sovereign immunity. This doctrine limits the ability of injury victims to recover from public entities such as cities and states. In essence, a government body or agency cannot be sued unless it has consented to being sued. That is, immunity must be waived.

Where your injury happened – on federal, state, county, or city property – will determine how sovereign immunity applies. The federal government, for instance, has waived immunity in some situations.

The state of Georgia has also waived immunity in some personal injury cases. This was done by way of the Georgia Tort Claims Act of 1992. The law allows the state to be held liable for certain negligent acts committed by its employees and officers. The employee or officer must be “acting within the scope of their official duties or employment” when the injury occurred.

There are some important limitations that apply to parties suing the state of Georgia. There is a $1,000,000 cap on damages for any one individual seeking recovery. Punitive damages cannot be awarded against the state. Also, in most cases, performance of discretionary functions (where a judgment call is required) will not result in liability. This is different from ministerial duties – where no judgment call on the employee’s or officer’s part is required.

Before suing the state of Georgia, the injured party must give a notice of claim. This notice must be filed within a year of the injury. There are specific requirements for the notice, including its contents and where it must be sent. You should consult a Georgia personal injury attorney to make sure this is done properly.

But what if your accident happened on county or city property? The process is similar to the one used for suing the state. A notice of claim, governed by the one-year time limit described above, is required. There are other processes and rules that must be followed as well.

Lastly, if your injury occurred on city property, be aware of the restrictions that will apply to your case. Georgia does permit personal injury lawsuits against cities and towns in certain circumstances. For example:

  • Municipalities can be held liable for their employees’ “neglect to perform or improper or unskillful performance of their ministerial duties.”
  • Towns and cities may also be held liable for injuries due to defects in sidewalks or on streets. This applies where the municipality was negligent in its obligation to keep these areas reasonably safe.

Mayors, city council members, and town and city officers may be held individually liable in certain cases. As with the state, there is a notice of claim required to sue a city or town. However, it must be filed within six months (not one year) of the injury.

Why You Need a Lawyer to Take on the Government

Suing a private party for personal injury is hard enough. It is much more challenging when the defendant is a government unit. The notice requirements and limitations under sovereign immunity can shield the government, even if it’s clearly responsible for your injuries. Don’t take on the government by yourself if you’ve suffered an accident because of negligence. Call the dedicated and experienced professionals at Hammers Law Firm to help with your case.


If you were recently involved in a car accident, the most important thing to remember is that the insurance company is NOT on your side. Insurance companies are in the business of settling claims as quickly as possible, for as little money as possible. After all, that’s how they make a profit. For this reason, it is highly recommended that you consult an Atlanta car accident attorney at Hammers Law Firm before you accept a settlement or make a deal with the insurance company. We can protect your rights.

The insurance company may try to minimize or flat-out deny your claim by arguing that you were partially at fault for the accident or that you have failed to provide sufficient documentation to support your claims of loss. Really, they will find any reason to pay you less than you deserve. In the face of costly vehicle repairs and growing hospital bills, you may be tempted to take what the insurance company is willing to offer—even if it’s far less than what you deserve—but you should know that you have options.

After a car accident, the only person you should trust is your lawyer. Call our personal injury attorneys in Atlanta, GA to learn more about your options in a free, no-obligation consultation.


After an auto accident, you may be able to collect different types of damages. First and foremost, you are entitled to seek compensation for the cost of your vehicle repairs, as well as personal property damage. This may include reimbursement for any valuables that were damaged in the accident, such as a computer that was in the car or a bike that was being carried on the back of your vehicle. If you rented a car while your vehicle was being repaired, you can also seek reimbursement for this expense.

If you suffered injuries in the accident, things can get a little more complicated. In addition to the damages listed above, you may also be entitled to compensation for medical expenses, lost earnings, and pain and suffering. Depending on the extent of your injuries, these damages can be costly. Since you can only receive one settlement from the insurance company, you should wait until all of your treatment has been completed. Otherwise, you waive your right to seek compensation for future medical expenses.


If your car accident was more serious than a minor fender-bender, it would be wise to consult an attorney. Without the help of an Atlanta car accident lawyer, it can be difficult to recover the level of compensation you deserve. Over the years, Hammers Law Firm has helped thousands of accident victims, resulting in millions of dollars in recoveries. We know how to stand up against insurance companies – and win.

Call us at (770) 884-4626 today to schedule your free consultation.

Personal injury lawsuits always involve determining the duty of care that the defendant owed to the plaintiff and whether or not the defendant was acting in compliance with that duty of care at the time of the accident. If the personal injury lawsuit involves a vehicular accident, then the duty of care is that both drivers must obey traffic laws and exercise reasonable caution when driving. In the case of a premises liability suit, the business owner has a duty to make sure that his or her place of business is free of safety hazards, although safety regulations for places of business vary from one industry to another. In a medical malpractice suit, the doctor has a duty to identify and respond appropriately to signs of illnesses and complications from treatments and to be aware of and inform patients of the risks involved with any treatment. In some cases, when a patient in a nursing home suffers a preventable illness or injury, the patient’s family has grounds for a nursing home abuse lawsuit.

What Georgia Law Says About Requirements for Nursing Home Care

There is a popular saying in the legal profession that most of the laws that affect your daily life are state laws, as opposed to federal laws, and nursing home regulations are no exception. The section of Georgia law that deals with the care that nursing homes in our state are required to provide is Chapter 111. If you see that the care that your family member is receiving in a nursing home does not conform to one of the standards set for nursing home care, alert the administration of the nursing home immediately. It is also a good idea to seek professional legal advice at the first signs of trouble.

Georgia’s nursing home regulations go on for many pages, so it is not possible to list all of them in a single blog post. These are some of the nursing home regulations that are likely to be an issue in nursing home abuse lawsuits.

  • Each nursing home patient is entitled to receive two hours of nursing care in a 24-hour period. The nursing home must schedule enough nursing staff members to work each shift so that they can meet this requirement. The nurses on the staff can have various kinds of nursing credentials, but at least one out of seven nurses on the nursing home staff must have a credential of Registered Nurse (RN) or higher.
  • The time between meals should not be more than five hours during the day. The time between dinner and breakfast must not exceed 14 hours. Snacks should be available to patients between meals.
  • After a physician or dietitian assesses the patient’s dietary needs, the nursing home must provide meals that fulfill those needs.
  • The nursing home must draft and follow policies for medical and dental emergencies and for infection control.
  • Nursing home staff must immediately notify the patient’s physician if the patient has an adverse reaction to a prescription drug. They must also immediately notify the physician in the event of a prescription error. This rule applies whether it was an error on the part of the doctor prescribing the medication (such as if the doctor prescribed a higher dose than what is safe for the patient) or on the part of the nursing staff in administering the medication.
  • The nursing home staff may not physically restrain or seclude a patient except with a physician’s orders to do so. If the nursing home staff restrains or secludes the patient on an emergency basis, they must contact the physician immediately to discuss the matter.
  • Each patient in a nursing home must have his or her own bed. Its mattress must be at least 36 inches wide and at least four inches thick.
  • Nursing home staff must not reuse disposable supplies intended for a single use.

Contact Hammers Law Firm About Nursing Home Abuse Cases

It can be very difficult for patients in nursing homes to speak up for themselves when they are not receiving proper care. If you suspect that your family member is being mistreated in a nursing home, do not wait to get legal advice about how to protect him or her. Contact an attorney at Hammers Law Firm in Atlanta, Georgia to discuss whether you have grounds for a nursing home abuse lawsuit.

Senior citizens who reside in nursing homes are, unfortunately, often seen as easy prey by unscrupulous caregivers. Because so many victims do not report their abuse, many scams and thefts go unreported. Assisted living facilities do not always properly screen their employees, many of whom are underpaid for the work they do. If you suspect that a parent or relative is being exploited, the nursing home may not do anything about it. Learn the signs of this abuse and what can be done about it. Financial abuse of the elderly takes many forms. Among them are:

  • Identity theft, including opening accounts in the victim’s name
  • Stock broker fraud and financial adviser misconduct
  • Stealing cash, checks, credit and debit cards
  • Forging signatures, or obtaining them in deceptive ways
  • Accounting or legal malpractice, for instance, improperly designating power of a nursing home abuse attorney to oneself
  • Exploiting residents who lack capacity or the ability to consent to financial decisions
  • Threatening, manipulating, or intimidating older individuals to turn over property or assets

Anyone can be a victim of fraud, theft, and other types of dishonest conduct. However, residing in a nursing home or similar facility increases the chances that an older person will be abused. These environments often breed social isolation, especially when the victim’s family rarely visits. An elder individual who doesn’t often see anyone may have nobody to turn to if he or she discovers something. Therefore, one way to prevent financial (and other) abuse is to frequently check in with the resident.

Family members should keep an eye out for indications that abuse may be present. These can include sudden or unpredictable changes in mood or behavior. Unexplained financial transactions, such as multiple ATM withdrawals, should also raise a red flag. Missing property, including checkbooks, debit cards, and financial instruments, could be a sign that something is wrong. A victim may refuse to answer questions or discuss suspicious transactions out of fear or embarrassment.

Not all signs of abuse are readily noticeable, however. A dishonest adviser, accountant, or lawyer could convince the victim to execute documents with financial consequences. These can include conveyances of property, modifications to wills, and other changes. Not all of these are discovered until long after the fact. Identity theft can continue for years unnoticed, especially if bank statements or other records are also stolen.

While many financial crimes leave a paper trail, others are hard to trace or prove. A cash withdrawal from a card creates a record, but the cash itself can easily be stolen. The same goes for jewelry, rare coins, artwork, and other hard assets. Missing valuables can quickly change hands or be concealed, and it is usually difficult to recover them.

If you discover wrongdoing, you may wish to privately investigate the matter first. This can start with going directly to the nursing home staff and explaining your concerns. Unfortunately, however, this may only get you so far. Management may not be concerned, or they could even be the ones engaging in the wrongful conduct. The longer it takes to do something, the harder it will be to return whatever has been stolen or mishandled.

Notify an Experienced Georgia Attorney if You Suspect Abuse

Time is of the essence when it comes to stopping and reversing financial abuse of nursing home residents. Reach out to local authorities if you suspect a crime has been or is being committed. But don’t hesitate to seek civil relief for these activities as well. This is where the attorneys at Hammers Law Firm can help. We will investigate the abuse and fight to hold the nursing home, employees, and other parties liable. Contact us today.

Not all personal injuries are caused by negligent or irresponsible adults. In some cases, the actions of an unrestrained or unsupervised child can hurt other people. We naturally want parents to control their children at all times. On the other hand, holding them responsible for anything a child could theoretically do seems excessive. How and in what circumstances can parents be held financially responsible for injuries caused by their children?

Generally, parents cannot be held liable for the negligent acts of their children solely due to the parent-child relationship. However, parents can be held responsible in certain situations. There are two main legal theories in Georgia which make this possible.

One is called negligent entrustment. This occurs when parents are deemed negligent for providing their child with an object that could foreseeably injure someone else. The object could be a gun, a vehicle, or anything else the parent knows, or should know, could harm another.

A common example illustrates this rule. Let’s say a parent turns over his vehicle to his teenage son. The parent knows the child is not competent to operate the car safely. Perhaps the parent knows (and he would presumably know) the child is not licensed to drive. Or, the child could be licensed, but the parents knows he has been in multiple wrecks. Maybe the child has gotten speeding or reckless driving tickets, about which the parent is aware. The doctrine of negligent entrustment would hold the parent responsible if the child uses the vehicle to injure someone.

In some cases, the parent could mean well, but is still responsible for furnishing a dangerous instrument to the child. A handgun provides a useful example. Giving a gun to a child, in and of itself, might not render the parent liable for anything. But if the parent fails to provide any safety instructions, the child could accidentally shoot someone. If an injury (or death) resulted from the parent’s failure to instruct the child, negligent entrustment would apply.

The vehicle example would also trigger liability under a different theory in Georgia: the family purpose doctrine. A parent or head of household may be held liable for injuries resulting from the child using a vehicle. This applies where the car is provided for the pleasure, comfort, or convenience of members of the family.

The following elements must be established in court to invoke the family purpose doctrine:

  • The parent owned, had an interest in, or had control over the vehicle that was negligently driven
  • The negligent driver was a family member (including a child) who lived in the immediate household of the vehicle’s owner
  • The owner provided the vehicle to the family member (e.g. child) for his or her pleasure, comfort, or convenience
  • The vehicle was driven with the consent of its owner and for a family purpose at the time of the accident
  • A sufficient agency relationship between the owner and family member existed

A court must find all of these elements to exist in order to establish liability under the family purpose doctrine. The minutiae of these legal criteria can be complicated and turn easily on the facts. It’s best to consult with a personal injury attorney for questions concerning their application to your case.

If You’ve Been Injured by a Child, the Parents May Be Responsible

Teenage driving accidents remain a persistent problem, and are often attributable to the parents. In other cases, the minor child was given a dangerous weapon or tool without proper instruction for using it. There are other instances, too, where a child’s injurious actions are the result of irresponsible parenting. If you’ve been involved in an accident involving a child, we can help. Our legal team at Hammers Law Firm will look into your case and determine if the parents bear responsibility for your injuries. Contact us today.

Being involved in an accident is something that no one wishes. However, things happen sometimes, and they can end in a crash – minor or severe. One thing that consoles most people who have been hit by another driver is that they can seek compensation. That is because of the assumption that everyone driving has adequate insurance cover.

That assumption is correct for most cases but there are times when the at-fault driver doesn’t have insurance. As a result, it would be impossible for you to approach their insurance provider seeking compensation. If this is the case, then you may become stressed since you worry about paying for your medical expenses. There is also the damage to your vehicle that you have to consider.

If you find yourself in this situation, you need the best lawyer to guide you on your options. There is still hope even though the driver at fault is uninsured. There is still a chance to get compensated. Contact an excellent attorney as soon as possible so you can find a way out of the situation.

What Are the Auto Insurance Laws in Atlanta?

Every state requires drivers passing through to have a minimum amount of insurance coverage. It doesn’t matter whether one is only temporarily in the state. They need to have the minimum insurance cover. In Atlanta, the law requires that all drivers have a minimum of $100,000 protection. The policy is divided as follows:

  • $25,000 insurance cover for the injury or death of one person.
  • $25,000 cover for any property damage after an accident.
  • $50,000 for total injury or death of more than one person after a crash.

Since this is the law, it is illegal to operate a motor vehicle without the above auto insurance cover. Without it, drivers can be arrested and charged. It becomes worse if they cause an accident. If an uninsured driver causes your Atlanta, GA car wreck, you need a great lawyer to help you. They will assist in filing a lawsuit if you want to take them to court. An experienced lawyer will also direct you on how to get compensation for your losses.

What Happens If You Are Injured in an Accident by an Uninsured Driver?

All motorists in Atlanta are required by law to carry motorist insurance. However, not all of them do. If you get into an accident with these drivers, you may be on the losing end. It is unlikely that you will get anything from them if you sue for damages. That is because they likely won’t be in a position to pay you.

To protect yourself from such a situation, you are advised to get uninsured coverage. It is usually an option when you are purchasing your motorist insurance policy. Insurance providers are required to give you this option although it is not mandatory that you get it.

It is a coverage option that doesn’t increase your premiums. However, it allows your insurance provider to pay you benefits if you’re in a crash with an uninsured motorist. If you agreed, when you get injuries from an accident with an uninsured driver, you don’t have to worry. All you have to do is have your Atlanta, GA attorney file a claim to request compensation.

How Can Atlanta Car Accident Lawyers Help If I Don’t Have Uninsured Cover?

In case you didn’t agree to get uninsured coverage when buying your policy, you may have some trouble getting compensation. However, with a great attorney to help you, you can work with your insurance company to pay you still. The downside to this is that your premiums may become higher after that.

You also have the option to sue the uninsured driver, but it is unlikely that you will benefit much from this. It is usually just a way of seeking justice for what happened to you.

Why Should You Hire an Auto Accident Attorney in Atlanta to Help you?

When dealing with injuries after a wreck with an uninsured motorist, things are a bit complicated. You may not know what steps to take or how to get compensation, but an Atlanta, GA car accident lawyer does. He will help you understand the situation and the options that you have. Contact Hammers Law Firm’ Atlanta, GA attorneys for a comprehensive look at your case. We have an experienced team that will help you make the best decisions and ensure that you get compensation.

The worst thing about car accidents is that they affect so many lives. Sometimes the effects are life-changing. Depending on the severity of your Atlanta, GA car accident, you may be forced to get admitted to a hospital. Some people end up with brain injuries which can be quite costly to treat. If your loved one is in a hospital due to a traumatic brain injury after a crash, you deserve compensation. Treating an injury of that magnitude requires a lot of funds that you may not have. It is essential that you file the compensation claim promptly to ensure your relative gets the best care.

It is difficult to handle all of that on your own without knowledge of how everything works in Atlanta, GA. That is why you should hire an experienced lawyer to assist you. A car accident attorney in Atlanta can advise you on everything you need to file the claim. They will handle all the paperwork to get your family member justice.

Types of Traumatic Brain Injury

A traumatic brain injury occurs when there is some injury to the tissues of the brain. This usually happens when there is a massive impact to the head or even neck. Some traumatic brain injuries are not too serious, but others can lead to severe consequences. The more severe injuries usually take long to treat and hence, will consume a lot of money. As a result, you may end up paying for something that wasn’t your fault. If a relative suffered a TBI, then it is best you seek compensation as soon as possible.

Some common types of traumatic brain injuries include:

  • Concussion. This occurs when there is a direct hit to the head causing pain and sometimes unconsciousness. It is a less severe kind of injury, but it can get worse if left untreated. Symptoms include headaches, feeling dazed, short periods of unconsciousness and sometimes nosebleeds.
  • Coup contrecoup. This type of injury affects both sides of the brain. The side which received the massive impact is damaged along with the other side when the brain hits the skull. The risk of permanent damage is high.
  • Contusion. This comes about through a direct hit on the head that leads to an injury to the brain. Depending on how substantial the impact was, the severity varies. It can be severe if it is left unattended for an extended period.
  • This happens when one hits his head so hard that it ruptures a blood vessel and leads to a clot. It is a very dangerous injury since the lump can continue growing larger. There are times that the clot may dissolve on its own but at times surgery is needed to remove it.
  • Penetration. This is by far the deadliest of all the TBIs. In this case there is an actual object in the skull. If the object hasn’t hit any crucial vessels, it is possible to remove it without adverse effects. However, if it has severely injured the brain, it may prove fatal.

Benefits a Car Accident Attorney in Atlanta Can Help You Obtain

When your family member has a traumatic brain injury, you need to be on top of everything. Their life could be at stake. You need the advice and support of a car accident attorney in Atlanta on how to go about seeking compensation. It is essential that the claim is filed on time so that your loved one can get what they need.

If another driver caused the accident that led to the injuries of your family member, they have to compensate them. That is usually done through their Atlanta, GA insurance company. The insurer may pay for:

  • Medical costs such as surgery, medication, physiotherapy and any future charges.
  • Pain and suffering for both the injured person and their immediate family.
  • Lost wages for the time the victim was off work due to injuries.
  • Punitive damages if the driver is found to be extremely reckless.

Why Do You Need The Help Of an Atlanta Car Accident Lawyer To Get Compensation For Your Family Member?

The job of the insurance company is to ensure that they don’t part with a lot of money. As a result, if you approach them on your own, you may not gain enough to cover all your costs. However, with the help from Hammers Law Firm car accident attorneys in Georgia, we can fight to get you what you deserve. We have extensive experience dealing with stubborn insurance companies, so we know what will get them to pay. In the end, we will do all we can to ensure that your loved one gets justice.

After getting into a car accident, it is likely that you are disoriented and can hardly remember what happened. That is entirely normal, but if possible, you should think clearly for what follows. It is crucial that you call the emergency line if someone hasn’t already made the call.

Usually, this is the first thing you need to do after getting yourself to safety. The most commonly thought reason for this is so that the police can get to the scene of the accident. That is true, but there is another equally important reason: to get medical attention. It doesn’t matter if you have no pains, it is important to get checked.

It is vital that you inform your Atlanta, GA car accident attorney when you are involved in a crash. Your lawyer will advise you to get it done before anything else, and for good reasons. In case there are further tests needed, it is essential that you take them as soon as possible.

Why Does an Atlanta Car Accident Lawyer Insist That You Go to The Doctor After a Crash?

There are so many things that could happen to your body during and after a car accident. A lot of these are internal, so unless a doctor checks you, you may not know about them. You can imagine the dangers of having an internal injury that you don’t discover until several months later. You risk having them get worse and not getting compensated for them.

To make your Atlanta, GA claim valid, your attorney requires your medical record and report. The insurance company that you filed the claim with needs this to establish the legitimacy of your injuries. They will likely argue that the injuries were there before or that something else caused them. It is for this reason that the medical evaluation needs to be done immediately after the wreck.

In case your injuries are only discovered later, your report will indicate the reasons. Once your lawyer has this when filing the claim, he is in a better position to negotiate the compensation package. Different injuries result in different kinds of compensation depending on severity.

How Can an Atlanta Auto Accident Lawyer Help After Head And Back Injury?

Many people ignore any pains that they feel after a car accident without realizing that they could mean serious injuries. Some of the areas that are severely affected after an Atlanta, GA car wreck include the back and head. Injuries that occur in these areas often have dire consequences if ignored.

Back Injuries

The back is a sensitive area that is often affected when there is a car accident. Some of the injuries to the back include:

  • This occurs when the neck moves forward and backward rapidly during an accident before the vehicle stops. The jerking motion injures tissues in the neck and shoulders. It may take a few hours to notice it or even a couple of days.
  • Herniated discs. These occur when the discs shielding the vertebrae shift after an accident. This causes pain.
  • Spinal fractures. These occur when the seat belt doesn’t adequately hold the body in place during an accident. The movement causes fractures along the spine leading to pain, bladder issues and numbness depending on severity.

Head Injuries

Many head injuries lead to severe problems in the body especially when care is not exercised. Some of them include:

  • This is a less severe injury that occurs after there is the impact to your head. It can heal after some rest.
  • This occurs when there is an injury to the brain as a result of a hit. It also includes the coup-contrecoup where there are two injuries, at the place of impact and the opposite side.
  • Diffuse axonal injury. This caused by rapid rotation of the head which causes the brain to be behind since it cannot keep up. As a result, there is tissue damage on the brain.

How Can Atlanta Car Accident Attorneys Help After Car Crash?

Being injured due to someone else’s recklessness is devastating, but there is hope. You can seek compensation for your injuries and any other damages suffered in Atlanta, GA. However, to do this, you need an excellent Atlanta car accident lawyer that understands your position and what you need. At Hammers Law Firm Georgia trial attorneys, we have a capable team that is ready to take your case. Contact us today and let us find a way to get you what you want.

Car accidents in Georgia are prevalent due to many different reasons. Unfortunately, most of these crashes cause devastating injuries to the parties involved. Some injuries are usually not too serious, and one may not need a lot of medical attention. However, some are generally very severe and expensive to treat which is why it is important to seek compensation. Sometimes people involved in accidents do not take the initiative to ensure that they apply for compensation early enough. They may be confined to a hospital or experience other problems that prevent them from doing so. However, it is important to seek compensation as soon as the accident happens because of the statute of limitations. In Georgia, this is two years.

If you are incapable of making the application on your own, have a family member do that for you. The best option is to seek an Atlanta, GA car accident attorney to help you with the process. He is knowledgeable about the statute and will explain everything that you need for your case.

What Is Georgia’s Statute of Limitations and Can Your Atlanta Auto Accident Attorney Help?

A statute of limitations is a time cap within which you should file a personal injury claim. Different states allow different timeframes for cases with some allowances based on a range of situations.

In Georgia, you have only two years within which you can make your injury claim. If you are filing for property damage, the cap is four years. Once the period elapses, it is likely that the court will deny your claim. The limitations apply to claims for both physical injury and damage to property such as your vehicle.

The statute is in place to encourage the filing of claims within a reasonable period. This ensures that there is still sufficient evidence which could prove the Atlanta, GA claim. It also discourages fraud by people who may want to pretend to have injuries much later.

If you do not file the claim within the stated period, you may ultimately lose the right to request compensation. As a result, the court will automatically deny your request, and you will end up on the losing end. To avoid this, have your lawyer file the claim immediately after the accident. If more injuries are discovered before the benefits are processed, the request can always be changed. That is why it is important to notify an excellent attorney about your accident immediately after it happens. He knows what needs to be done. Even while you are in the hospital, he can prepare the documents.

What Are the Exceptions to the Atlanta, GA Statute of Limitations?

While the statute is stringent, there are a few allowances that exist in various situations. These exceptions only apply in situations such as:

  • If the injured person was underage. In case the victim was below the age of 18, then the statute will begin once they become of age. For example, if the injured was 16 years, the law will not be in effect for another two years.
  • If the injured person was mentally incapacitated. The accident may have caused damage to the brain. It may have led to a mental condition that makes it impossible for the person to pursue the case. The statute will only take effect after the patient becomes better.
  • If the injured person was away for medical purposes. An accident victim may need to travel to seek medical attention. If so, the time cap may not be in effect immediately from the time of the accident. The time may be extended so that they may seek compensation after they return to Georgia.

Why Should You Consult a Car Accident Lawyer in Atlanta, GA?

When you are involved in a car accident, time is of the essence. You need to work fast to ensure that you receive compensation for all your losses and injuries. That is why your first action should be to notify your Atlanta, GA car accident attorney about what happened. Once this is done, he can work on filing your claim. The process can then start, and you don’t have to suffer more losses. Hammers Law Firm Georgia trial attorneys have experience in all matters relating to injury claims. All you have to do is to inform us about the crash. We will ensure that you get the appropriate compensation. Waiting too long only harms your chances, so it is best to start as early as possible.

Getting in a car accident is never easy also there is vehicle damage to contend with as well as possible injuries. Add to this your car insurance claim in Atlanta, GA, and you have a real disaster on your hands.

Working through a car insurance claim is challenging and complex. Therefore an insurance company may offer a lowball settlement or even deny your claim. You may feel frustrated and wonder what you are supposed to do next.

You do have a right to fight a denied car insurance claim. An Atlanta car accident attorney can help you through the process. They will also deal with insurance companies on your behalf and fight to get you the settlement you deserve for injuries or property damage.

If you receive a denial of a car insurance claim

You can appeal the decision. You need to understand why your car insurance claim received a denial first. This can also occur for a number of reasons. You may have lapsed insurance, or your car accident exceeded your insurance limits.

This does not necessarily mean that you cannot receive compensation for your car insurance claim. You need to work with an Atlanta car accident attorney to determine if proper evidence was submitted for your claim.

In most instances, you will work with the insurance company of the driver that caused your car accident. Your Atlanta car accident lawyer can then negotiate a claim with these insurance companies on your behalf. This will allow you to recover from the crash without additional stress or worry.

Next, you need to file a letter of appeal with the insurance company that denied your car insurance claim in Atlanta, GA. This letter should detail all the evidence of the accident. Do not forget to include police reports, witness statements, photos, and medical reports.

The insurance company will then evaluate your appeal and determine if they will reverse the denial. At any time, you are uncertain of the process or feel that an insurance company is unfair in their treatment, speak to an Atlanta car accident attorney.

Your Atlanta car accident lawyer can help with a denied car insurance claim in Atlanta, GA. They know the law for car accidents and will fight to get you a settlement that is fair.

Hiring an Atlanta Car Accident Attorney

When you hire an Atlanta car accident lawyer, you will receive the legal guidance you need for your car accident case. They can help with denied car insurance claims in Atlanta, GA. They also know how to fight large and aggressive insurance companies that are looking to settle a car insurance claim quickly.

Most insurance companies are looking to spend as little as possible for your car insurance claim. They know that you need a settlement to pay your medical bills and provide for your family. They can take advantage of the situation you are in and provide a lowball offer that is unfair.

An Atlanta car accident attorney is on your side. They will work for you and help to negotiate a settlement that accurately reflects the damages that you have undergone. There is no reason that you should have to fight an insurance company on your own. An Atlanta car accident lawyer can help with a car insurance claim.

If you feel you that the treatment that an insurance company provides you is unfair, it may be an instance of bad faith. Insurance companies have a responsibility to provide fair treatment to all victims of car accidents.

A bad faith car insurance claim is often caused by an insurance company unfairly denying your claim. They also may delay your payments or offer a settlement this is unfair. You need to speak to an Atlanta car accident lawyer about your case. There are laws in place against a bad faith car insurance claim in Atlanta, GA. Therefore your Atlanta car accident attorney can help fight a bad faith claim and get you the compensation you deserve.

Let an Atlanta Car Accident Lawyer Help

If you receive a denial of your car insurance claim after a car accident, then you need an Atlanta car accident lawyer that will work for you. The Atlanta car accident lawyers at Hammers Law Firm are ready to provide legal assistance. They also know the law for car insurance claims and will fight to win a fair settlement for your injuries and property damages. Let the lawyers at Hammers Law Firm help you with your case today. Contact us now to set up a consultation.

The Basics

After an accident, you should always call the police to the scene even if the responsible party promises you his or her insurance “will handle everything.” Over time, people’s recollections of events may alter. By involving a professional who witnesses hundreds of accidents, you have a verified witness who will take stock of the evidence and provide an expert opinion. From the accident report, you’ll know what insurance is involved and be able to follow up after retaining a lawyer. If you or a loved one has been injured in an accident while in an Uber or Lyft contact the attorneys at Hammers Law Firm today. You’ll need someone on your side when you go against the insurance company.

Rideshare Accidents

The use of rideshare apps has become a part of many people’s everyday experience. People rideshare to the airport and work and now there’s even the opportunity to carpool for a cheaper rate. With all the time we spend in another person’s car do you know what action to take when the unthinkable happens? In 2016, a total of 37,461 people died in motor vehicle accidents. If you were injured due to another driver’s negligence while in a rideshare what are the next steps?

Am I covered? Who will pay for my medical expenses?

If your Uber or Lyft driver is at fault for an auto accident there will be multiple layers of coverage. First will be the insurance for the company they drive with. Since these are commercial policies the limits are higher than personal auto policies. The driver has a responsibility to report the accident to their company but if they don’t do so you as the passenger can report it as well. Before contacting the insurance company you’ll want to first talk to your legal counsel. Don’t let a kind insurance adjuster lull you into believing you’re dealing with anything other than a multi-billion-dollar company that is only looking to protect their own interests, not your own. The second layer of coverage will be the at-fault driver’s personal insurance policy. It may not be necessary to file with them, but your Atlanta auto accident attorney will be able to advise you further.

Taxi Accidents

While ridesharing services have become a part of the mainstream in the past few years, taxi services are still prevalent. So, what are the first steps to take after you’re in an accident during a taxi ride?

Are the coverages different for taxi cabs than for rideshares?

Taxi drivers are technically considered employees of the taxi company unless they are independently contracted. Should you be in an accident while in a taxi you will need the taxi company’s information to follow up on a claim. Take photos of the accident and any damage to the car or surrounding property damage. If there are witnesses present, get their information. This testimony from an unbiased third party can add a lot of credibility to a car accident claim.

In Georgia, taxi drivers are required to have the same minimum amount of insurance like every other driver on the road: $25,000 per person and $50,000 for multiple people per accident. If they are independently contracted there will not be a commercial policy that you have access to.

Contact an Attorney

If you or someone you know has been injured while in a rideshare or a taxi, contact the lawyers at Hammers Law Firm today. You need experience, knowledge, and insight on your side. Never assume that your case is an “open/shut” one. Many victims of automobile accidents have fallen into this trap over the years. They decided to represent themselves in court instead of investing in the retention of an experienced attorney. If your accident was in or around Atlanta, be sure to contact Hammers Law Firm, located in Atlanta, Georgia and to receive a FREE consultation from an experienced car accident lawyer. Hammers Law Firm will handle your case carefully and correctly to get you a top Uber, Lyft, or taxi car accident settlement the first time around.

Holiday travel is quickly approaching and with it comes holiday accidents. AAA is projecting that 54.3 million Americans will be traveling 50+ miles from home this holiday season so what does that mean for the roadways?

The upcoming Thanksgiving weekend will see the highest Thanksgiving travel volume since 2005 with 2.5 million more people traveling on the roads and in the skies than last year. INRIX, a global mobility analytics company, predicts travel times in Atlanta, GA will start to increase on Monday, November 19th beginning with the evening commute.

More Traffic on the Roads

The odds of getting into a car accident increase exponentially during times where more cars are on the road, such as rush hour or holiday season. Add to that less than optimal driving conditions like inclement weather and you have a recipe for disaster.

The Thanksgiving travel season is defined as Wednesday, November 21st to Sunday, November 25th. In Atlanta, GA the worst time to hit the road is predicted as Tuesday, November 20th from 5-7 PM. The best days for travel will be on Thanksgiving Day, Friday and Saturday with increased travel time on Sunday as everyone comes back home from the long weekend.

The season for holiday parties means that the next three months will be among the highest for DUI arrests. The most traveled holiday period of the year is Thanksgiving weekend with DUI arrests at their highest between Thanksgiving and New Year’s weekend. Remember to drink responsibility this holiday season and use rideshares if you are unable to safely drive yourself. The cost of a DUI goes beyond money and your freedom.

Check Your Car Before Hitting the Road

Wintery conditions are hit or miss in Atlanta, GA. If you’re travelling across state lines for your holiday gatherings there are a few things you should check before making your trip. You never know what kind of weather you’ll encounter so it’s best to do a full safety inspection before going on road trips. Whether you’re taking your own vehicle or renting one for a longer trip, make sure your car is ready for whatever lies ahead.

Inspect your windshield wipers.

If your wipers are damaged, this could reduce visibility during inclement weather. If the wipers are streaking or skipping on the windshield you should consider replacing them. Install heavy-duty winter wipers if you’re travelling to an area that receives a lot of snow and ice.

Top off windshield washer fluid.

Windshield washer fluid helps your windshield wipers perform at their best during wintery weather. Before you take off for Grandma’s house, fill your vehicle’s windshield washer reservoir with high-quality, “no-freeze” fluid — and keep an extra gallon stored in your car.

Gauge tire pressure.

Proper tire pressure will reduce the risk of a flat tire or a blowout. Check each tire and make sure it’s filled to the manufacturer’s recommended inflation pressure as specified in the owner’s manual. You will need to check the tire pressure periodically throughout your trip, as the temperature drops so too will tire pressure.

Stock your vehicle with essentials.

Having an emergency kit in your car is a great precaution. Many may remember Georgia’s Snowmageddon of 2014 where most of Atlanta was debilitated by 2 inches of snow. You never know when an emergency kit will come in handy so take the time to compile one before leaving. Some things you should include are:

  • Heavy blanket
  • Warm gloves and hat
  • Bottled Water
  • Food that has a long shelf life (granola bars)
  • Ice scraper
  • Petty cash
  • Tissues/paper towels

Ensure that your lights and signals are working correctly.

Walk around your vehicle to check all your lights are in working order. Besides the safety factor, there are more police on the roads at the holidays. You don’t want to get pulled over for a broken tail light in every town you pass through.

Consider adding roadside assistance to your rental car or personal policy.

Most auto insurance offers this as an add-on to your existing plan. If you aren’t already signed up for roadside assistance, considering updating your coverage before your trip. Towing services, flat-tire repair, and lock-out assistance may be something you need over the next few months.

About Hammers Law Firm

Our firm accepts cases throughout the state of Georgia and nationwide. You can trust us to provide insightful and diligent representation no matter how challenging your situation may seem. We are confident in our ability to provide the exceptional legal guidance and advocacy that you deserve, so please don’t wait to discuss your case with the team at Hammers Law Firm.

Every day there are millions of Americans traveling to and from work either by driving themselves or carpooling. With so many drivers behind the wheel, it comes as no surprise that car accidents occur daily. Many accidents are only minor collisions, while others can be life-threatening with extensive property damage and require serious medical treatment. If you or a loved one has been injured due to the negligence of another driver contact the attorneys at Hammers Law Firm today. The injuries you’re currently suffering from could have an impact throughout your life and you deserve to get compensation.

Type of Injuries

The types of injuries you can suffer vary depending on the severity of the crash. Below are some common injuries associated with motor vehicle claims. For more specific information for your case, please reach out to the attorneys at Hammers Law Firm.

Head and Back Injuries

Head and back injuries are among the most common types of injuries. When your car is struck by another vehicle you may strike your head against the steering wheel, dashboard or your window. This can cause anything from a minor concussion to comas to a traumatic brain injury that will leave you with lasting cognitive problems.

If you’ve injured your back, any damage to the spinal cord could cause serious nerve damage. Nerve damage can lead to reduced sensation and control over your legs, feet, or arms and potential paralysis of the affected areas. Therefore, it’s important to seek medical treatment following any accident. While you may only feel rattled following a crash, the impact on your body may take longer to become apparent. An experienced medical physician will be able to perform the tests necessary to see what’s happening internally.

Soft Tissue Injuries

Injuries to ligaments, tendons, or muscles are considered soft tissue injuries. Examples of these injuries include:

  • Sprains: ligament damage resulting from overextension of a joint
  • Contusions: bruising
  • Strains: overuse of a muscle or tendon


A sudden movement to the neck or head can cause serious neck muscle damage. This injury is most commonly referred to as whiplash although it may also be called a cervical sprain, cervical strain, or hyperextension injury. The severity of the accident will impact the severity of a whiplash injury. Even if you’re hit at a low speed, the unexpected impact can cause injury to vertebrae, muscles, and ligaments in your neck. Symptoms of whiplash include:

  • Stiffness of the neck
  • Sharp neck pain
  • Back problems
  • Cognitive issues, such as problems with memory and concentration

When Should I Contact an Attorney?

After an accident, your priority should be to seek medical attention. Once your injuries have been addressed, contact the team of Atlanta injury attorneys at Hammers Law Firm today to set up a free case review. As any lawyer will tell you, each auto accident case is different and will require a personalized evaluation. With more than 40 years of combined experience, Hammers Law Firm has recovered hundreds of millions of dollars for victims of catastrophic injury in Georgia. Our attorneys are AV® Preeminent™ Rated by Martindale-Hubbell®, have been included in the Georgia Super Lawyers® list, and have been named to the National Trial Lawyers: Top 100 Trial lawyers list. You can feel confident that our attorneys know what it takes to help our clients achieve exceptional results.

Georgia drivers are required to carry certain amounts of automobile liability insurance. Insurance is designed to cover bodily injury and property damage in the event of an accident. It serves as an important protection for drivers and injured parties alike, and ensures victims are made whole. The first step after an accident is always to seek coverage through the other driver’s insurance. Unfortunately, of course, not everyone obeys the law by maintaining adequate coverage. However, uninsured and underinsured motorist insurance policies are available for you to address this problem.

First, you should know the minimum amounts of automobile insurance coverage required by Georgia law. Drivers must carry liability coverage of at least the following amounts:

  • $25,000 per person for bodily injury
  • $50,000 per accident for bodily injury
  • $25,000 per accident for property damage

It’s important to remember that these are minimum amounts. Apart from the fact that many drivers carry no insurance at all, many don’t carry enough. There are numerous situations where it’s vital to have uninsured motorist (UM) and underinsured motorist (UIM) coverage. These are some common examples:

The other driver has no insurance. If you’re in an accident with an uninsured, at-fault driver, that individual has no policy to cover you. UM coverage allows for your insurance to pay for medical bills and damage to your vehicle.

The other driver doesn’t have enough insurance. This is where UIM (rather than UM) coverage may kick in. Check with your insurance provider to ensure you have a UIM policy. UIM coverage may pay for damages that exceed the limits of the other driver’s policy.

A pedestrian or cyclist struck by a vehicle. If you’re a pedestrian or cyclist hit by an uninsured motorist, UM insurance can cover medical bills and lost wages.

A passenger in another vehicle. UM coverage may pay for you and your family members as passengers in another car hit by an uninsured driver.

Hit-and-run accident. Your UM policy can cover you if you’re struck by a hit-and-run driver.

Insurance companies in Georgia are required to offer uninsured and uninsured motorist coverage to drivers. In fact, you have to reject such coverage in writing, which means you likely have it. Your policy should cover you and the following individuals:

  • Your spouse, if he or she resides in the same household
  • Your and your spouse’s relatives (children and step-children) who reside in your household
  • Anyone using your insured vehicle with your consent
  • A passenger riding with you in your insured vehicle

There are two types of UM and UIM coverage in Georgia:

Non-stacking (also known as traditional or reduced)This is only available where your uninsured or underinsured motorist coverage exceeds the at-fault driver’s liability limits. The amount of UM/UIM coverage available to you is offset, or “reduced,” by the other driver’s liability insurance. Let’s say you have $25,000 in UM/UIM coverage, and the at-fault driver had $25,000 in liability coverage. You would subtract the other driver’s $25,000 from your $25,000 and have nothing available under your UM/UIM policy. Even if your medical or other bills exceed $25,000, you cannot use your non-stacking UM/UIM coverage.

But if you had $100,000 in UM/UIM coverage, you would have $75,000 ($100,000 – $25,000) available. A higher coverage amount accounts for drivers who carry minimum insurance. Your policy would still cover you if the driver had no insurance at all.

Stacking (also known as excess or add-on)As the name implies, you can “stack” your coverage on top of the at-fault driver’s. Using the first scenario above, you could add your $25,000 UM/UIM policy to the other driver’s $25,000 policy for $50,000.

Speak with your insurance carrier, or an attorney, about the amount and type of coverage that’s best for you.


Uninsured and underinsured motorist coverage protects you from drivers who violate Georgia insurance laws. Even if the at-fault driver is covered, receiving compensation for your injuries can be challenging. The automobile accident attorneys at Hammers Law Firm can handle the insurance companies and fight for the payments you deserve. Call us today.

Driving while undocumented is a common occurrence in the United States. Unauthorized immigrants must still get to work, drive children to get medicine, or to go grocery shopping like other citizens.  “A broken headlight, a seatbelt not worn, a child not in a car seat may be minor traffic violations, but for unauthorized immigrants, they can have life-altering consequences.” In 12 states there are special driver’s licenses offered for unauthorized immigrants, but Georgia is not currently one of them. Supporters of these efforts say that public safety would improve because unauthorized immigrants would be required to pass a road test and know the rules of the road. In a report from Stanford University in 2015, 600,000 undocumented immigrants were given these special licenses and the hit-and-run accidents decreased by 4,000 from the year before.

If you have been injured in a car accident due to the negligence of another driver, and you’re an undocumented immigrant you still have the right to medical treatment. In today’s climate, with an increased risk of deportation, immigrants may not try to pursue a personal injury claim out of fear. If your case is settled directly with the insurance company for the responsible party, there is never a court case to which immigration officials would have access.

General Information on Personal Injury Claims

The questions we get most often from new clients is, “this has never happened to me before, what do I do?” For many, the legal system is too complicated and confusing to understand. With a legal advocate on your side, you will have a guide: explaining the injury claim process, handling communications with the insurance provider, and advising you on what level of compensation you deserve.

What can I be compensated for?

When you’re injured due to another driver’s negligence, compensation can be provided to accident victims covering:

  • Accident-related medical expenses
  • Physical and occupational therapy
  • Current and future lost wages
  • Long-term care expenses

You can assist your attorney by keeping track of your doctor appointments, days missed from work, and any out of pocket expenses.

Talk to a Doctor about a treatment plan

Depending on the nature of the accident, it may take a few days for your injuries to become apparent or they may be immediate. In either case, your health is our main priority, so if you’re in pain please consult with a physician. There are a few options for paying for medical expenses after an accident. If you don’t have health insurance, you can have treatment covered under the at-fault driver’s insurance policy. Or, if you need treatment before a claim is set-up, a medical funding company can pay for treatment.

The determining factor for a personal injury case is how badly are you injured? Your medical records provide very detailed evidence about the injuries you’ve sustained, the treatments you’re receiving, and the impact on your life. Hospital discharge forms, doctors’ notes, and physical therapy evaluations will chronical your injuries. By requesting these records, you bring together the cause (the accident) and the effect (the damages sustained) into a complete picture for the insurance company. While it may seem daunting to go see a physician and have the out-of-pocket expenses, in most cases, these expenses will be reimbursed at the end of the case.

Contact a Legal Team Who Will Fight for You

At Hammers Law Firm, our attorneys understand the concern that undocumented immigrants have with the legal system in today’s climate. We will work hard to put your fears to rest and seek justice on behalf of your or a loved one.

Not all accidents are grounds for personal injury lawsuits. In order to have grounds for a personal injury lawsuit, you must prove that the accident was the result of negligence on the part of a person or company, instead of just being a matter of pure chance. So you must prove that someone who could have prevented the accident failed to do so. In the case of premises liability lawsuits, the issue is that the owner of a piece of property, such as a home or business, failed to keep the premises safe enough to prevent accidental injuries from occurring on the property. When there are formal safety regulations about the conditions of a type of premises, the issue of whether the property owner kept the property safe enough is fairly clear-cut. If there are not, then it is up to the judge to decide whether the defendant took reasonable measures to make the property safe and to determine whether additional safety precautions could have prevented the accident.

Examples of Premises Liability Lawsuits

It is easy to imagine whom someone might sue in a car accident lawsuit or a medical malpractice suit (the driver of the other car and the doctor or hospital, respectively), and why (driving in such a way as to cause the accident, or a mistake in diagnosing or treating an illness), but premises liability lawsuits are more varied. What they have in common is that they involve someone being injured or getting sick because of an unsafe place. The following instances could be grounds for a premises liability lawsuit:

  • A customer gets injured when merchandise falls off a shelf at a “big box” retail store.
  • At a restaurant with a play area (think McDonald’s or Chuck E. Cheese), a child gets injured when a piece breaks off of a jungle gym where he or she is playing.
  • A party guest goes for a walk on the poorly lit, hilly golf course of a country club at night. He loses his balance on the uneven terrain, falls, and gets injured.
  • A customer becomes seriously ill from a foodborne illness after eating at a restaurant where the staff did not follow proper food safety practices.
  • A person becomes seriously ill with a bacterial infection after swimming in a public pool, because the pool staff did not keep the pool chemicals at an adequate level to prevent the spread of infection or otherwise did not properly maintain the pool.

The Role of Insurance

Almost all businesses are required to carry some kind of liability insurance simply because accidents can happen anywhere. The purpose of the insurance is to help them cover the costs of compensating people for property damage or personal injuries that happen on the company’s premises.  If it is a case of simple property damage that is relatively minor, then accepting a settlement from an insurance company to pay for repairs might be fine, such as if a supermarket parking lot is structured in such a way that, after another customer parks a shopping cart in the cart return area, the cart rolls away and dents your car. If the accident involves a bodily injury, and if it is clearly the result of negligence, though, you should not simply accept an insurance settlement. An example of this latter case would be if you seat a child properly in the child seat of a shopping cart, but the seat breaks, and the child falls and gets injured. In that case, you should consult a personal injury lawyer before speaking with the insurance company.

You might wonder what the danger is in accepting the settlement that the insurance company offers. The reason is that, once you accept the settlement, you no longer have the right to file a lawsuit related to the incident. Especially if the settlement amount offered does not cover your medical expenses and lost wages, you should definitely contact a lawyer first and see whether you have grounds for a premises liability lawsuit.

Contact Hammers Law Firm About Premises Liability Cases

Many accidents could be prevented if property owners were more careful about safety. Contact Hammers Law Firm in Atlanta, Georgia if you were injured at a place of business to see whether you have grounds for a premises liability lawsuit.

Getting in a Georgia car accident can cause a range of injuries. One of the most common injuries to occur is whiplash. Whiplash is caused by the impact of a car accident from behind or the side. Because there is soft tissue in the neck, you can easily develop whiplash after a car crash.

The impact of a car accident can cause your head to jerk back and forth in a reckless and painful motion. This causes whiplash. It is a painful injury that is difficult to prove in court. You need the help of an Atlanta car accident lawyer that will fight your injury claim.

With the help of an Atlanta car accident lawyer, you can win a car crash case with a whiplash injury. There is a settlement paid in these cases that can help you treat your injury without the worry of medical expenses. 

Whiplash is typically caused by a rear-end car accident. Because it is caused by a hit from behind, the driver behind is almost always at fault for causing the crash. This can help you with your Georgia car accident case and assist in proving negligence in the crash that caused your whiplash.

With a whiplash injury, you may not see the symptoms until much later. It may take a few days to develop a the injury. You should seek medical treatment if you suspect you have whiplash to prevent further damage to your neck. 

What is Whiplash Injury Worth in Atlanta, GA?

Even though a whiplash injury is difficult to receive a settlement for, many people do get compensation for this injury. In some instances, the court will award $10,000 to $20,000 for your Atlanta, GA whiplash case. This can help to cover the costs of medical bills, lost wages, and provide for pain and suffering.

Some cases of whiplash can yield up to six or seven figure settlements, depending on the severity of the injury. These cases typically have brain injuries associated with them. Your Atlanta car accident lawyer can help you determine the settlement award of your case.

While it is possible to receive a settlement for a whiplash injury in Atlanta, GA, there are several factors that need consideration. The rate of speed of your car accident is a large factor in your settlement amount. High rates of speed in a Georgia car accident can cause more severe injuries and result in  larger settlement awards.

The extent of your injury also plays a factor in your car accident case as well as the damage to your vehicle. The evaluation of past injuries of whiplash also determine a settlement award in a Georgia car accident. It is always best to speak to an Atlanta car accident lawyer about your case.

What Should I Do If I Think I Have Whiplash?

You may be uncertain that you have whiplash after a Georgia car accident. You need to seek medical treatment to get a diagnosis. If determined that you do have a whiplash injury, you need to get as much information about your injury as possible. 

You will need to request a copy of your medical records as well as any prescription information. This information along with a police report and witness testimony can help your Atlanta, GA whiplash case. Speak to your Atlanta car accident lawyer about your injury. They can provide you information about the laws for Georgia car accident and help fight your case against a negligent driver.

Whiplash is a serious injury that needs medical care. You do not have to take on the expense of this medical treatment when a negligent driver caused your Georgia car accident. Let your Atlanta car accident lawyer help you get the settlement you deserve for your injury.

Your Atlanta car accident lawyer can help guide you through the legal process of securing compensation for a whiplash injury. They will help you negotiate your settlement with an insurance company so you can pay your medical bills. You will receive compensation for your lost wages and pain and suffering. Let an Atlanta car accident lawyer help you with your whiplash case. 

Contact an Atlanta Car Accident Lawyer Now

If you suffer from whiplash after a car accident, you need the help of a Georgia car accident lawyer you can trust. The Atlanta car accident lawyers at Hammers Law Firm can help. They can help prove a whiplash injury. They will fight against an insurance company to get you compensation. Let the Atlanta car accident attorneys at Hammers Law Firm help you with your whiplash case. Contact us today to set up a consultation.

Statistics by the National Safety Council show using cell phones while driving accounts for 1.6 million accidents every year. It also shows that one out of four car crashes is caused by texting while driving. These accidents lead to over 300,000 injuries across the United States. These figures are not pleasing which is why many states have implemented a hands-free law. According to a study, 15 states with this law in place have experienced about a 16% reduction in car crashes. Georgia recently implemented a hands-free driving law of its own that is expected to reduce distracted driving crashes.

The law did not have the usual 90-day grace period. As of 1st July 2018, all drivers were expected to adhere to it. During the first days, many drivers were let off with a warning. This was a way to give them a chance to learn about the new law. However, police officers are now making arrests to reduce car accidents. If you were in a car accident due to a distracted driver, you will need a great car accident lawyer to assist you.

What a Car Accident Lawyer Will Tell You About the New Hands-Free Law in Atlanta, GA

Smartphones and technology have become the number one distraction for drivers, keeping their eyes off the road. Many people still use their mobile phones while driving and this is why the law was implemented. The law prohibits any contact with a phone while driving, with a few exceptions. Your car accident attorney should help you understand the law so you will not break it. It is essential to familiarize yourself with it:

While driving, one is not allowed to hold their phone or support it with any part of their body. If one has to make or receive a call, he or she should use a speakerphone, wireless headset, or earpiece.

A driver is not allowed to read or write any text message, social media content or email while driving. The exception is when using a speech to text application.

One is not allowed to record a video while driving unless it is a continuously running dash camera.

A driver cannot watch any kinds of videos while driving in Atlanta, GA. The exception is when watching navigational videos.

A driver is allowed to listen to music streaming from their phone that does not have any video. However, they are not allowed to touch the phone such as to skip a track or change the playlist. If one needs to change their playlist or anything similar, they should do it before starting to drive. If one finds themselves in an accident in which the other driver was in violation of any of these laws, you need an excellent car accident attorney on your side.

Exceptions to the Hands-Free Law

There are some exceptions to the law outlined above. They apply to:

Medical emergencies, car crashes, crimes or any activity that affects road users.

First responders such as firefighters and police officers when carrying out their official duties.

Utility service providers carrying out their responsibilities when answering emergency calls.

A legally parked car. This does not include when one stops at a red light, stop sign or a roadblock.

There are also other laws governing commercial truck drivers and school bus drivers such as:

Commercial truck drivers are only allowed to touch a phone when answering or starting a call.

School bus drivers should not use wireless communication when dropping or picking up passengers.

The driver can only use a wireless device to communicate with either the school or officers.

Penalties for Breaking the Hands-Free Law in Atlanta, GA

Violators of the hands-free law in Georgia will face the following penalties:

For the first offense, no more than a $50 fine and a point on your license.

A second offense in less than two years, a fine of $100 and two points on their license.

For the third and consequent offenses within two years, the fine is $150 and three points on their license. It is important to remember that if you get more than 15 points on your license in less than two years, your license will be suspended. 

Call a Car Accident Attorney if You Are Caught Breaking the Hands-Free Law

The new hands-free law is meant to protect you and other drivers from fatal car crashes. At Hammers Law Firm, we are experienced in all road matters. We can help you if you have been a victim of an accident with a distracted driver. Our experienced Atlanta, GA team of lawyers is always on call whenever you need us.

Guiding You Through the Claims Process

Because we strongly believe in the importance of access to legal services, many of our cases start with the free consultation that we offer anyone who needs legal advice. After getting the initial information they’re looking for, many clients decide to trust us with their case. Once you become a client, we handle the entire legal process—updating you throughout, ensuring transparency and building trust.

Some situations require in-depth investigations to uncover the evidence necessary to prove our client’s case. When evidence is already available, our experienced legal advocates will consolidate and organize the needed information. Some clients come to us with settlement offers from insurance companies, wondering if they are worth accepting. Our seasoned injury attorneys in Atlanta always consider all the facts before providing a recommendation.