Personal Injury

Personal Injury Attorney in Atlanta, GA

If you have suffered an injury because of another party’s malpractice, negligence, or malice, you may be entitled to seek financial compensation from them in the form of a personal injury lawsuit. Our firm will represent you through insurance negotiations or a full court case – whatever it takes to get you the money you rightfully deserve after your injuries.

Take a look below at a brief overview of personal injury law in Atlanta, GA, and contact us immediately to schedule an initial consultation. During your consultation, we will discuss the details of your injuries, the accident that caused them, and the various courses of action we would suggest for you as our client.

What Is Personal Injury?

Personal injury is a legal term for any damage that occurs to a person, as opposed to property. There is a wide variety of situations that could lead to a personal injury lawsuit, provided that the circumstances meet three initial requirements:

• There was an accident caused by negligence, malpractice, or malice
• There were injuries caused by the accident
• The injuries caused economic damages

If your injuries meet these three initial points, you may be legally entitled to pursue damages for your injuries, any time missed from work, as well as the psychological and emotional impact that your injuries have had on you.

Steps to Take Immediately After a Personal Injury Accident

After an injury, your immediate actions are critical to both your health and the strength of your legal claim. Here are the most important steps to take:

• Seek Medical Attention: Even if your injuries seem minor, symptoms can worsen over time.
• Document the Scene: Take photos of injuries, property damage, and the accident location.
• Collect Witness Information: Get names, phone numbers, and statements if possible.
• Avoid Admitting Fault: Be careful with your words, especially when speaking to insurers.
• Contact a Personal Injury Attorney: Hiring an Atlanta personal injury lawyer early on ensures your rights are protected from the start.

A personal injury lawyer can guide you on how to preserve evidence and help you avoid mistakes that could hurt your claim.

Do You Need a Personal Injury Lawyer?

Handling a personal injury claim on your own can be overwhelming, especially when dealing with insurance companies eager to minimize payouts. A skilled personal injury lawyer not only collects critical evidence like accident reports and medical records but also ensures that you receive a fair settlement. If negotiations break down, your attorney can take the case to court to ensure your rights are protected. Without professional legal support, you risk undervaluing your claim or missing important deadlines, which can severely impact the compensation you receive.

Common Causes of Personal Injuries

There are many ways that a personal injury can be caused, but below are some of the more common cases that come through the Atlanta court system:

• Wrongful Death Accidents
• Auto Accidents
• Motorcycle Accidents
• Truck Accidents
• Pedestrian Accidents
• Slip And Fall Accidents
• Workers’ Compensation Injuries
• Dog Bites

Even if you do not see something that resembles your own injuries, you might be dealing with a situation that still falls under one of our areas of expertise. Explore more about how we can assist you.

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Seeking Compensation For Personal Injuries

The first thing to realize when you are dealing with an insurance company is that you should NEVER take their initial offer for a settlement. This settlement offer does not represent the true extent of your injuries, and is only meant to protect the insurance company’s finances, and avoid any future litigation against their client.

When you are working with our team of personal injury lawyers in Atlanta, you can be confident from the moment negotiations start that we are fighting to win the amount that you rightfully owe. We will handle all negotiations with the insurance company’s legal team, and move to a trial if we are unable to reach a reasonable out-of-court settlement agreement on your behalf.

Personal Injury Case Timeline

While every case is different, most personal injury claims in Atlanta generally follow these phases:

• Hiring an Attorney: Meet with an Atlanta personal injury attorney for a free consultation.
• Evidence Collection: Gather medical records, accident reports, witness statements, and photos.
• Filing a Demand: Your lawyer submits a demand for compensation to the insurance company.
• Negotiations: Both sides work to reach a fair settlement; this phase can take weeks or months.
• Filing a Lawsuit (if necessary): If a settlement cannot be reached, your attorney files a lawsuit.
• Discovery and Trial Preparation: Both parties exchange evidence and prepare for court if needed.

Throughout this process, your Atlanta personal injury lawyer will keep you updated and fight for maximum compensation.

Different Types of Damages You Can Recover in a Personal Injury Case

If you’ve been injured in Atlanta due to another party’s negligence or reckless behavior, you may be entitled to several types of damages. These are generally categorized into three key areas:

• Economic Damages: These cover tangible financial losses such as medical bills, rehabilitation expenses, lost wages, and property damage. They aim to restore the out-of-pocket costs you’ve incurred due to the accident.
• Non-Economic Damages: These compensate for intangible losses like pain and suffering, emotional distress, mental anguish, and loss of enjoyment of life. Non-economic damages recognize the personal and emotional toll an injury can have beyond financial hardships.
• Punitive Damages: In cases where the responsible party’s conduct goes beyond simple negligence, such as drunk driving or intentional harm, Georgia law allows for punitive damages. These damages are not meant to compensate the victim directly, but to punish the wrongdoer and deter similar future behavior.

An experienced Atlanta personal injury attorney can evaluate your case and determine all potential avenues of compensation. By thoroughly calculating both your current and future damages, your lawyer will work to ensure you recover the full amount you deserve under Georgia law.

Personal Injury Settlement or Lawsuit Amounts

There is a wide range of factors that go into determining the amount we will seek in a settlement or lawsuit, depending on many different variables of the accident. However, below are some basic things that we will consider while formulating a fair dollar amount to pursue from the responsible party:

• Medical Bills
• Recovery Expenses
• Lost Wages
• Short-Term and Long-Term Disability
• Pain and Suffering
• Loss of Enjoyment

Personal injury awards are usually divided into two separate designations – economic and non-economic damages. Economic damages address repayment for issues of real dollar amounts, like medical bills or lost wages from time missed at work. However, the courts understand that there is a lot more than the invoices that show the whole picture of an injury. This is why victims are able to seek compensation for non-economic factors as well, like their pain and suffering, or being unable to pursue the hobbies and activities they could before the accident.

Georgia's Fault-Based System for Personal Injury Cases

1. Georgia’s At-Fault System Explained

In Georgia, the at-fault party in an accident is responsible for covering the costs of injuries and damages. This means the person who caused the accident must pay for expenses such as medical bills, lost wages, and property damage.

2. Proving Negligence

To seek compensation, the injured party must prove that the other party acted negligently. Negligence could include actions like violating traffic laws or failing to maintain a safe environment.

3. Gathering Evidence

Proving negligence typically requires gathering strong evidence, which can include:

1. Eyewitness testimony
2. Police reports
3. Accident scene photos
4. Expert analysis

4. Minimum Liability Insurance Requirements

Georgia law requires all drivers to carry a minimum amount of liability insurance. This insurance is intended to cover damages they might cause in an accident, including injuries and property damage.

5. Dealing with Uninsured or Underinsured Drivers

If the at-fault driver is uninsured or doesn’t have enough insurance to cover your damages, you may still be able to seek compensation through your own uninsured/underinsured motorist coverage.

6. Bridging the Financial Gap

Uninsured/underinsured motorist coverage helps bridge the financial gap when the at-fault driver lacks sufficient insurance. It’s a key resource to avoid facing unexpected financial strain.

7. Navigating the Claims Process

Navigating the complexities of insurance claims can be challenging. An experienced personal injury attorney from Seay/Felton can help you through the process, ensuring you understand your options and maximizing your compensation.

Common Defense Strategies Insurance Companies Use

Insurance companies often try to reduce or deny claims using several common defense tactics:

• Blaming the Victim: Arguing that you were partially or wholly responsible for your injuries.
• Downplaying Injury Severity: Claiming your injuries are minor or unrelated to the accident.
• Disputing Medical Treatment: Suggesting your medical care was unnecessary or excessive.
• Delaying the Process: Dragging out negotiations to pressure you into accepting a lower settlement.
• Questioning Causation: Insisting that your injuries resulted from a pre-existing condition or an unrelated event.

Insurance adjusters are trained to minimize payouts, and they often hope injury victims will be too overwhelmed to fight back. A skilled Atlanta personal injury lawyer knows how to counter these tactics by gathering strong evidence, working with medical experts, and aggressively advocating for your rights throughout the entire claims process.

Statute of Limitations For Personal Injury Cases in Georgia

In Georgia, the law sets a strict deadline for filing personal injury lawsuits, known as the statute of limitations. According to Georgia Code section 9-3-33, you generally have two years from the date of the injury to file a claim. Missing this deadline could result in losing your right to pursue compensation. Special circumstances, such as filing claims against government entities, may have shorter deadlines—such as six months for a city or 12 months for a county claim. Due to the complexity of these time limits, it is essential to consult with a knowledgeable attorney as soon as possible to ensure your case is filed correctly and on time.

Pursuing Personal Injury Claims Involving Children

When a child is injured due to another party’s negligence, Georgia law provides for compensation similar to that awarded in adult cases. Since children cannot file lawsuits on their own, a parent or legal guardian must step in to seek damages on their behalf. Calculating damages in these cases can be intricate, involving not only medical costs but also future expenses related to long-term care or developmental impacts. Additionally, compensation may consider pain and suffering, emotional trauma, and the potential loss of future earning capacity. Working with an experienced personal injury attorney ensures that the child’s rights are fully protected and that all avenues for compensation are explored. Legal guidance is crucial for ensuring that the child receives the full compensation they deserve, especially given the complexities that are unique to cases involving minors.

When Legal Action is Necessary

While many personal injury cases are resolved through out-of-court settlements with the insurance company, there are instances where filing a lawsuit becomes necessary. This might happen if the responsible party lacks sufficient insurance coverage or if settlement negotiations fail. In such cases, proceeding with a lawsuit ensures that you have a fair chance to recover the full amount you deserve, even when insurers are unwilling to cooperate. Having a personal injury attorney by your side during this process helps to strengthen your claim and maximize your compensation.

Contact Us Today

When you are working with the team at Seay/Felton LLC Trial Lawyers, you can be confident that you have a team of professional personal injury lawyers acting on your behalf to recover the economic and non-economic damages that you are owed. While we are working on your case, you can focus on recovery and getting your life back to normal after this stressful time.