Were you recently injured in an accident in Georgia? If so, you probably have a ton of questions about your legal rights and options.
The legal team at Hawk Law Group provides this list of the most frequently asked questions and answers. We can also discuss the particulars of your case during a free case consultation. You can contact us if you have any other questions we do not address on this page. We provide a free, no-obligation case review to all accident victims.
What Is A Personal Injury?
Personal injury cases are usually based on the legal concept of negligence. Negligence occurs when someone breaches their duty of care or to act as a reasonable person and causes injury to another person.
Our legal team handles personal injury cases involving:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Pedestrian accidents
- Electric scooter accidents
- Nursing home abuse
- Medical malpractice incidents
- Slips and falls
- Dog bites
- Construction accidents
- Premises liability accidents
- Product liability incidents
Personal injury cases also involve wrongful death in which the victim dies because of the defendant’s negligence and the surviving family members bring a claim to seek compensation and accountability from the defendant.
Why Should I File A Personal Injury Claim?
A car accident or other personal injury incident can cause you substantial losses and negatively impact your life. You may incur thousands of dollars of medical bills. You may lose income while you are off work. At the same time, you may be enduring substantial pain and suffering. Your quality of life may have declined.
You should not have to bear the burden of these losses when someone else’s carelessness was responsible for it. Personal injury cases allow you to seek accountability for the harm you suffered, primarily through the awarding of compensation to fairly compensate you for your losses.
What Do I Have To Prove In A Personal Injury Case?
Most personal injury cases are based on the legal concept of negligence, which means:
- The defendant owed you a duty of care
- The defendant breached the duty of care
- The breach caused your injuries
- You suffered damages because of the breach
While all personal injury cases are different, this is the general framework for most personal injury cases.
How Do I Prove Fault In A Personal Injury Case?
Proving fault usually relies on presenting evidence such as:
- Accident reports
- Witness statements
- Photos or videos of the accident
- Medical records
- Physical evidence, like skid marks or damaged property
- Electronically-stored information, such as driver logs or data about cars before an accident
- Expert witness testimony
- Cell phone records
Experienced personal injury lawyers know the importance of presenting strong evidence to support your claim. They know how to obtain and preserve this evidence, too.
How Much Is My Case Worth?
This is one of the most common questions we receive. However, it is also one of the most difficult to answer. Every single personal injury case is different, so there is no standard or average value of a personal injury case.
Various factors can affect the potential value of your case, including:
- The nature and extent of your injuries
- The duration of your recovery
- Whether the accident left you permanently disabled
- Whether you suffered a reduction in your long-term earning capacity
- The negligence of the defendant
- The number and identity of the defendants
- Available insurance
- Personal factors, such as the victim’s age, education, health, and occupation
- Whether you were partially at fault for the accident
- Where the accident occurred
The best way to get an accurate idea about the potential value of your claim is to work closely with an experienced personal injury lawyer.
What Compensation Can I Recover?
The types of losses for which you can potentially recover compensation generally break down into two categories:
Economic Damages
Economic damages are those losses that can be quantified and translated into a specific dollar amount, such as:
- Medical bills
- Lost wages
- Reduction in long-term earning capacity
- Property damage
- Mileage and travel costs for doctor appointments
- Out-of-pocket expenses
These damages include the costs you have already incurred, as well as those you reasonably anticipate in the future.
Non-Economic Damages
Non-economic damages are not as easy to quantify. They are not tied to a direct economic loss. Examples of non-economic damages include:
- Pain and suffering
- Emotional distress
- Mental anguish
- Loss of enjoyment of life
- Permanent impairments
- Scarring and disfigurement
- Reduced quality of life
Insurance adjusters, judges, or juries assign a reasonable value for these damages.
Can I Still File A Personal Injury Claim If I Was Partially At Fault For The Accident?
Georgia is a modified comparative negligence state. This means that if you were partially at fault for an accident that caused you injuries, you are not completely barred from bringing a claim against other negligent parties. However, you are barred if your degree of fault is 50% or more. Additionally, your compensation is reduced by your degree of fault.
For example, if you were 30% at fault for a pedestrian accident, your damages are reduced by 30%.
How Long Do I Have To File A Personal Injury Claim In Georgia?
The statute of limitations is the time limit to take certain legal actions. Georgia has a two-year statute of limitations for most personal injury claims. This means that, in most cases, you must file a personal injury lawsuit against the negligent party responsible for your accident within two years of the date of the injury.
If you fail to file your personal injury claim before this deadline, you can be barred from recovering any compensation through the courts.
There are exceptions, so it’s important to discuss your particular situation with a knowledgeable Georgia personal injury lawyer.
How Much Does A Personal Injury Lawyer Cost?
One of the reasons why some accident victims do not hire a lawyer is because they are afraid they cannot afford one. They may make mistakes with their claim that minimize or eliminate the value of their claim.
At Hawk Law Group, we take cases on a contingency fee basis. This arrangement helps our clients because they don’t have to pay anything upfront. They don’t pay for our services unless we recover compensation on their behalf. Attorney fees are a percentage of compensation we recover from you, so if we don’t recover anything, you don’t owe us for our services. If we do recover compensation, we deduct an amount equal to the percentage outlined in your retainer agreement.
Contact An Experienced Lawyer For Help Today
While we hope we addressed most of your questions, we understand that this process can be confusing and you may have other questions. We invite you to schedule a free case review at your convenience. Call us today to get started.
