If you or a loved one have been injured in an Atlanta accident, you could be entitled to compensation. Accidents can be life-changing events with significant personal and financial impacts.
If another person is responsible for your accident, they could be liable for all of your damages. However, it can be difficult to get the compensation you deserve from the responsible party.
Because personal injury cases are complicated, most people have lots of questions about the process. Here are some answers to the most frequently asked questions about personal injury claims.
You can also contact an Atlanta personal injury attorney to discuss your case.
What Is a Personal Injury Claim?
Personal injury claims are based on a legal theory of negligence. When a person fails to act reasonably or meet their duty of care to others, they are negligent. If their negligence injures another person, they can be held liable for all damages incurred.
To successfully bring a negligence claim, you have to show that:
- The responsible party owed you a duty of care;
- The responsible party breached that duty of care;
- The breach was the direct and proximate cause of your injuries;
- You suffered injuries because of the breach
Experienced personal injury attorneys handle a variety of personal injury cases, including:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Workplace accidents
- Slip and fall accidents
An experienced legal team can evaluate your case and discuss your rights during a free consultation.
When Do I Need to File a Personal Injury Lawsuit?
If you’re injured in an accident, you likely will have significant medical bills and expenses. Many accident victims also have reduced income or lost earning potential. This can lead to substantial financial hardship.
If another party caused your accident, they are usually responsible for all of your damages. This means you’re entitled to compensation for all of your losses.
In some cases, the responsible party or their insurance company will pay victims for their losses. However, if the at-fault party is unwilling to pay for damages or makes an unreasonable settlement offer, you’ll need to file a lawsuit to get the compensation you deserve.
Our team is skilled at working with insurance companies to negotiate a fair settlement in personal injury cases. However, when the responsible party is unwilling to make a reasonable settlement, we’ll file a lawsuit and represent our clients in court. We’ll fight hard to ensure the responsible party is held accountable for their actions.
How Much Is My Atlanta Personal Injury Case Worth?
Given the financial burden that comes with accidents, one of the questions injured parties ask the most is, how much is my personal injury case worth?
Unfortunately, it’s hard to give an estimate or average of how much personal injury claims are worth. The value of cases varies widely given the facts of each case.
Some of the factors that have the biggest impact on the value of the case are:
- The severity of injuries
- The long-term impacts of injuries
- Whether or not the injured party can work after the accident
- Whether or not fault is shared
To discuss the value of your case, schedule a free consultation with an Atlanta injury lawyer.
What Damages Can I Recover in Georgia?
In personal injury cases, damages are awarded to compensate the injured party. The goal is to make the injured party “whole” after an accident.
To accomplish this goal, victims are awarded economic and non-economic damages. Economic damages compensate victims for tangible losses after an accident.
Examples of economic damages include:
- Medical bills
- Future medical expenses
- Occupational therapy and physical therapy expenses
- Property damage
- Lost wages
- Lost earning capacity
Non-economic damages compensate victims for more abstract losses after an accident.
Examples of non-economic damages include:
- Pain and suffering
- Loss of consortium
- Decreased quality of life
- Emotional distress
- Scarring and disfigurement
Calculating damages and proving damages can be a complex process.
Can I Recover Compensation if I’m Partially at Fault?
Georgia follows an approach of modified comparative negligence. Under this theory, you can recover damages as long as you’re not more than 49% at fault for an accident. However, your damages award will be reduced based on the percentage of your fault.
For example, if you’re found to be 20% at fault for an accident and are awarded $100,000 in damages, you’re entitled to recover $80,000. In that same example, if you’re 60% at fault, you’re not entitled to recover anything.
It is not uncommon for insurance companies or responsible parties to try to blame the victim. Skilled attorneys are used to this tactic and are prepared to defend clients against these claims.
How Long Do I Have to File a Personal Injury Lawsuit in Georgia?
In Georgia, the statute of limitations for personal injury claims is two years. In most cases, this means that accident victims have two years from the date of their accident to file a lawsuit against the responsible party.
If the statute of limitations has expired, your case will be dismissed and you’ll have no right to recover. An experienced personal injury attorney can tell you when the statute of limitations will expire and ensure that you file a lawsuit before you lose this right.
How Much Does a Personal Injury Lawyer Cost?
Personal injury lawyers work on a contingency fee basis. This means that clients don’t pay attorney fees upfront or out-of-pocket. Instead, the attorney and client agree on a contingency fee rate at the start of representation.
If the client is paid through a settlement or jury verdict, a percentage of that award goes to the attorney to cover fees. For example, if the contingency fee rate is 25% and the client gets an award of $100,000, the attorney will receive $25,000 in fees.
Contact an Atlanta Personal Injury Attorney
If you’ve been injured in an Atlanta accident, Guardian Accident & Injury Lawyers can help. Our team of personal injury lawyers will evaluate your case, discuss your rights, and create a strategy to get the compensation you deserve.
We have 75 years of combined experience representing accident victims. We understand personal injury law and know how to build a strong case for our clients.
Contact us online or call (678) 990-0723 to schedule a free consultation. You can also visit our Atlanta personal injury office.