Atlanta Personal Injury Lawyer

Personal injury cases arise after certain accidents and injuries. However, to have a case, you must have been injured by another party — typically due to carelessness or unlawful conduct.

Most personal injury cases are based on negligence, which means a party failed to use reasonable care and harmed another person. Examples of negligence-based cases include those involving motor vehicle accidents, truck accidents, motorcycle accidents, pedestrian accidents, product liability, bicycle accidents, workplace accidents, slip and fall accidents, nursing home negligence, and more.

Some personal injury cases are based on intentional misconduct (also known as an intentional tort). If a party hurt you on purpose, such as by assault, you may have a personal injury case.

A third category of personal injury claims involves strict liability. Strict liability cases arise when a party violates certain safety laws or legal standards and injures another person. Product defects and dog bites offer two examples.

A good way to determine whether you have a personal injury case is to contact an attorney for advice. Hammers Law Firm is here to help you evaluate your legal options. Let us start working for you as soon as possible.

Most personal injury attorneys in Atlanta work on a contingency fee basis. This means their fee is contingent upon the result in your case. Under this structure, if your attorney recovers a settlement or verdict for you, you pay your attorney a pre-agreed-upon percentage of your award. This percentage usually ranges from 33-40%.

However, if your attorney fails to recover compensation, you will not owe them any attorney fees. Contingency fees give injured victims access to quality legal representation at a time when they may be struggling with unexpected accident costs.

Most injury attorneys also offer free consultations for you to get answers to frequently asked questions and learn more. Contact Hammers Law Firm to schedule yours.

The aftermath of an accident can be challenging to navigate. Knowing what to do can help make the accident scene less chaotic.

Take the following steps after an accident in Atlanta:

• Get help immediately: Don’t delay getting medical attention. You may think you are fine, or it may take time for symptoms to develop. Calling 911 can help ensure you and anyone else get the help you need.
• Report the accident  enforcement: Notify the police of the accident and subsequently obtain a police report.

• Exchange insurance and contact information: Request the name, address, email, number, and insurance information of any other parties involved in the accident.

• Document what occurred at the accident scene: Take pictures and videos of property damage, the conditions that led to the accident, and any visible injuries.

• Gather witness information: Obtain contact information, including name, email, number and statements from anyone who witnessed the accident.

• Notify the insurance company: Report the accident to the insurer as soon as possible, but do not agree to provide a recorded statement until after speaking with an attorney.
• Consult a personal injury lawyer: It’s important that you speak with a compassionate attorney immediately following an accident for excellent legal guidance and support.

While every accident is different, following the above steps can help make the claims process more manageable.

You won’t have unlimited time to file a lawsuit after an accident. Georgia’s statute of limitations gives you just two years to initiate legal proceedings. The clock typically starts ticking on the date of your accident. If you fail to file a claim within two years of your accident, you will be barred from recovering compensation in court.

Some cases may have shorter or longer time limits depending on the facts. A personal injury lawyer can help you identify and follow the deadlines in your case.

Injured victims in Georgia are typically entitled to two main forms of compensation. Economic damages cover financial losses. Non-economic damages compensate for personal, emotional suffering.

Economic damages can typically be proven with receipts, invoices, and other documentation. They include:

• Past and future medical expenses
• Lost wages
• Diminished earning capacity
• Out-of-pocket expenses, including home renovations needed to make your home more accessible
• Rehabilitation and/or physical therapy
• Property damage

Non-economic damages are personal in nature and do not have a direct financial value. They include:

• Pain and suffering
• Emotional distress
• Anxiety and PTSD
• Reduced quality of life
• Loss of enjoyment of life
• Scarring and disfigurement
• Loss of consortium

Rare cases may qualify for punitive damages, which punish the at-fault party (rather than compensate the victim for losses). Specifically, cases involving intentional misconduct, malice, fraud, or extreme negligence may trigger punitives. Drunk driving cases offer one example.

It is crucial to understand the steps involved in filing a claim for personal injury. A skilled personal injury attorney can help you navigate the entire process.

Consultation

If you or a member of your family were injured in an accident, you likely have questions. It is best to consult an attorney as soon as possible. During this initial case evaluation, you can learn more about your legal options and whether it’s best to move forward with your case.

Investigation

Your legal team can conduct a thorough investigation into what occurred. This includes gathering evidence, speaking with witnesses, and helping determine who may be at fault for your injuries and losses.

Communicating With the Insurance Company

Your attorney can initiate a claim with the insurance provider, describe your injuries, outline your damages, and demand full compensation.

Negotiations

The insurance adjuster and your lawyer will likely engage in negotiations to reach a settlement agreement. This can include multiple offers and counteroffers.

Filing a Lawsuit 

If a fair settlement agreement cannot be reached, you may need to file a civil lawsuit and go to court. Your case can still settle even after a lawsuit is filed, as long as a verdict has not been reached.

A seasoned personal injury attorney can walk you and your family through each step of the personal injury process, from the initial case evaluation to settlement or trial representation if necessary.

The value of your personal injury case will depend on many different factors unique to your injuries and accident. No other case, no matter how similar, can serve as a perfect predictor of your claim’s value.

The following factors will determine how much your case is worth:

• The severity of your injuries
• The extent of your medical treatment and whether you’ll need care in the future
• How long your recovery takes
• The wages you couldn’t earn while you recovered and whether you’re earning capacity has been diminished
• The pain and suffering you’re dealing with
• Whether you share fault for the accident
• Available insurance coverages
• The strength of your evidence

A helpful way to determine the value of your case is to call a personal injury attorney in Atlanta.

Hammers Law Firm can help you track and calculate your damages. We can even bring in experts in finance and medicine to help us assess your more complex losses. Call us to schedule a free initial case review.

Georgia is a modified comparative negligence state. This rule allows you to still recover compensation even if you are partly at fault for the accident. However, if you are 50% or more to blame, you cannot recover any compensation. If you are less than 50% at fault, you can recover damages, but they will be reduced in proportion to your share of the fault.

Claims of comparative fault can significantly impact the compensation you’re able to recover. A dedicated attorney can help you combat or limit allegations that you were partly to blame for your injuries.

During a free case review, a personal injury lawyer may ask critical questions, including the following:

What physical and emotional injuries did you sustain?
What type of accident led to your injuries?
Who caused your accident?
Were there any witnesses?
Was there property damage?
Did you miss time from work?
Are you receiving ongoing treatment?
Where did the accident occur?

We work to address any concerns you may have and help you understand the next steps involved in the aftermath of an accident.

Negligence is the foundation of most accident claims. It means that a party failed to act reasonably in the lead-up to an accident and caused an injury.

To win your negligence case, you will have to prove four elements:

• Duty – You must show the defendant owed you a legal duty to avoid injuring you. For example, every Georgia driver has a duty to follow traffic laws and drive reasonably safely.

• Breach – You must prove the at-fault party violated their duty to you. You will put forth evidence showing they failed to act like a reasonable person in the time leading up to the accident.

• Causation – You must show that the defendant caused your injury – meaning it would not have happened but for the person’s conduct. You will also have to show that your injuries were foreseeable.
• Damages – You must prove that you suffered financial losses as a result of your injuries.

If you fail to satisfy even one element, your negligence case will not be successful. Therefore, you need evidence to make your case.

Your lawyer may use the following types of evidence to help you prove your version of events:

• Accident/police reports
• Business records
• Medical records
• Cell records
• Photographs
• Video/surveillance footage
• Witness testimony
• Expert testimony

Call Hammers Law Firm for help regarding how to prove your negligence claim. Our lawyers can reccomend the best course of action for your particular case.

The timeline of your injury case will depend on many variables, including the severity of your injuries. Cases with minor injuries and property damage that don’t affect your day-to-day life much can settle in a matter of months.

However, cases with moderate to severe injuries or complicated legal issues can take up to a year or more to resolve. You may need to reach maximum medical improvement before you have an adequate sense of your damages.

Cases that go to court will take the longest to complete. Discovery, hearings, and trial can take a year, and, in some cases, multiple years.

Your trial attorney will work diligently to keep your case moving efficiently and work to obtain a prompt resolution.