Time Limits For Filing Personal Injury Claims
One of the most important things to know is that there are time limits, called statutes of limitations, to make claims in all personal injury cases. In most cases, the statute of limitations for a personal injury claim is two years after the accident or injury. Some exceptions do apply; if an injury was not discovered, or if the injured person was under the age of eighteen when the injury occurred, the statute of limitations may be extended in some cases. Talk to a Georgia personal injury attorney for more information about the statute of limitations as it applies to your case.
For a free legal consultation with a personal injury lawyer serving Carrollton, call (404) 888-8888
Types of Personal Injury Cases
Injuries resulting from the negligent or intentional actions of another person can occur anywhere, but some of the most common types of personal injury cases are:
- Car accidents: With millions of vehicles on our nation’s roads every day, accidents are inevitable. Fortunately, all states, including Georgia, require drivers to carry liability insurance, which will pay for property damage and injuries in an accident.
- Dog Bites: Not all pet owners are responsible enough to keep their pets under control. When pets get loose and attack their neighbors, the owner may be responsible, if he had reason to know that the pet was potentially dangerous. Most homeowner’s insurance policies cover personal injury claims for dog bites and attacks.
- Medical malpractice: Fortunately, medical malpractice is not common, but when a health care professional or hospital makes a mistake, it can lead to devastating injuries or even death.
- Defective products: Manufacturers of products are responsible when a design flaw or mistake in manufacturing causes a product to pose a danger to its users. If you are injured by a defective product you may have a claim against the manufacturer. This includes dangerous flaws in vehicles that lead to accidents. You may have a claim against the manufacturer, even if you were not the purchaser if the vehicle.
- Wrongful death: When an intentional or negligent act causes death, the resulting claim is called Wrongful Death, and is governed by statute in Georgia, and in every other state.
- Workplace injuries: Injuries at your place of employment are covered by worker’s compensation insurance, required of most employers in Georgia.
- Slips and Falls: The owners of commercial and residential properties owe a duty to their customers and invited guests to keep the premises safe. If a property owner allowed a known hazard, like a spill, to exists, or failed to correct a known danger, like a loose board, he may be liable for damages.
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Personal Injury Damages
There are three basic types of damages in a Georgia personal injury case.
Special damages include medical expenses, lost wages, and replacement of damaged or destroyed property. General damages include loss of future earnings, pain, and suffering, and emotional trauma. Punitive damages are awarded when the responsible party’s actions were intentional or especially reckless, and are intended to punish the wrongdoer.
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Assessing The Value of a Claim
The object of any personal injury claim is to compensate the injured person for what they have lost, and, to the extent possible, place them in the same position as they were before the accident. It is, of course, impossible to do that when a loved one has died, or when someone is permanently disabled, scarred, or impaired. The only way in which the legal system can help injured persons and their families is through monetary compensation.
Economic damages are usually easier to quantify, and may include:
- Medical expenses, including hospital stays, surgeries, medications, medical devices, physical therapy, and prosthetics
- Property damage
- Payments for lost earnings
- Rental car expenses
- Payments for personal services like housekeeping, yard maintenance, and other tasks while you are unable to perform them
- Reconstructive surgery
- Mental health services
Assessing the value of non-economic damages is more difficult, Non-economic damages include pain and suffering loss of enjoyment of life, depression, and anxiety, and loss of companionship when a loved one is killed. A personal injury attorney will be able to accurately assess the value of your case based on past experience with similar cases, the parties involved, the types of insurance available, and their knowledge of past awards in your jurisdiction.
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Dealing With Georgia Insurance Companies
A common error made by injured persons is assuming that insurance companies have their best interests at heart. The reality is, insurance companies need to make a profit, and one way to do that is to minimize the amount they pay in claims. You can negotiate and settle a claim on your own, but you may not receive the amount of compensation that you deserve.
Insurance companies do not have to tell you if you are settling for less than your case is worth, and once you accept a settlement, you may not ask for more in the future, even if you continue to have medical expenses, pain, or other complications from your injuries.
Knowing the true value of your case is essential when dealing with insurance companies, and having a Carrollton, Georgia personal injury attorney by your side will give you the greatest chance of receiving what you deserve.
Out of Court Settlements for Georgia Personal Injury Cases
The great majority of personal injury cases settle out of court. Insurance companies know that taking a case to court is expensive and time-consuming, and there is no guarantee that a judge or jury will give them a better result than they would have achieved by negotiating a fair settlement. Of course, that is also true for injured persons.
The best personal injury attorneys know how much their clients’ cases are worth, and know when to settle and when to litigate. Insurance companies also know which law firms are known for their willingness to go to court if necessary, and which lawyers have the best success rates in court. Having the right attorney by your side may actually encourage an insurer to offer a fair settlement rather than risk having to pay the same amount, or more, after a lengthy court battle. An injured person should never try to face an insurance company in court without a lawyer.
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Car Accidents in Carrollton
One of the major probabilities of life is that, if you are a driver, you will be involved in a car accident at some point in your life. From drivers who don’t pay attention to those whose negligence borders on recklessness, our team is here for you day in and day out.
- Car Accidents: most Georgians who drive have resigned themselves to being in one or two minor car accidents, or “fender benders,” in their lifetime. This minor inconvenience is usually nothing to fret about long term but more serious car accidents can have major consequences to the victims of reckless driving. From medical bills to lost work and other negative impacts, car accidents can seriously impact Georgians’ ability to earn a living. Bader Scott is on your side to help ensure that you’re provided for after memories of the crash have faded.
- Bicycle Accidents and Pedestrian Accidents: one of the negative consequences of a movement to get Georgians to bike and walk to work or to different errands is the proliferation of bike and pedestrian accidents. Any reckless or negligent driver can quickly force a bicyclist out of his or her lane or pin a pedestrian in a second or less. Our firm can work quickly and effectively to help ensure that the motorist responsible for your injury is held accountable.
Personal Injury in Carrollton
Personal injury encompasses so many possible scenarios in our day to day lives. From running errands and accomplishing daily tasks to more unusual scenarios, injury can await us at our favorite local restaurant, mall, or store. Our experienced team of personal injury attorneys can help work to ensure that your injury is compensated to the fullest extent of Georgia law.
- Slip and Fall: long thought of as an injury that “happens to other people,” slip and fall injuries happen to Americans every day. These injuries can be more than nagging pains, leading to broken or severely bruised bones and other injuries that can’t afford to wait. For so many, far from being a passing issue, these develop into serious injuries. The Bader Scott team is here to help ensure that any injury you suffer as a result of negligence is taken care of by the one who caused it.
- Medical Malpractice: most Georgians have a deep and abiding respect for the medical profession and its ability to heal issues from the benign to the serious. However, there is a great potential for danger when a medical professional acts in a negligent or reckless manner and endangers either the life or health of the patient. You shouldn’t have to suffer more pain in addition to what you sought treatment for. No matter your medical issue, our medical malpractice attorneys can help fight for your right to compensation for the mistakes of a negligent medical professional.
Workers’ Compensation in Carrollton
Working hard is in the DNA of so many Georgians. No matter your industry, job title, or where you work, providing for your family through thick and thin is what many pride themselves on. That’s why when you need someone to work for you, you should count on the Bader Scott team.
- Case Value: there are very few times when an insurance company will want to pay you the fair value of your case. Their business is paying the least amount of money for the most amount of liability and escaping relatively unscathed. Luckily, the Bader Scott team is on your side and will fight for your rights so you don’t get bullied by the insurance company into accepting a settlement that is a penny less than you deserve.
- Back, Neck, and Catastrophic Injury: some injuries go beyond the pale and have a serious ability to impact your potential to work in the short term, long term, and forever. These injuries incur serious medical bills, loss of work, and mental and emotional suffering for a formerly productive person. The attorneys at Bader Scott are able to help make you whole by fighting for your rights against those whose negligence caused your injury.
Can I Afford To Hire A Personal Injury Lawyer?
Almost all personal injury lawyers work on a contingency fee basis. They do not charge by the hour but charge a percentage of your final settlement or award. If you do not settle or win your case, you will not owe any attorney’s fees. While it may seem as if you are getting less money from your claim, it is likely that your attorney will be able to negotiate or win a larger amount than you would have been able to get on your own.
Most Carrollton, Georgia personal injury attorneys offer free consultations, so you may talk to a lawyer about your case with no obligation. At the initial consultation, you may get an idea of what your case is worth, an estimate of the time it might take to conclude your case and a preliminary assessment of what insurance benefits might be available while your case is pending.
Call or text (404) 888-8888 or complete a Free Case Evaluation form