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Atlanta Personal Injury Lawyer

If you’ve suffered an injury caused by another person or organization’s negligence in Atlanta, GA, you may be eligible to receive compensation. Whether a person was injured as a result of a poor design, a driver’s inattention causing an Atlanta car accident, or a person’s negligence, the negligent party should compensate you for the victim’s financial and emotional losses. Contact ChancoSchiffer P.C. for more information about personal injury claims in Georgia and what we can do for you.

Steps for Pursuing a Personal Injury Claim

The first steps in building a personal injury case take place immediately after your motor vehicle accident. The time of an Atlanta car accident can be chaotic and easy for someone to overlook necessary information during an event. Below is the process of submitting a personal injury claim. For more information or to speak with an injury attorney about the details of your case, contact us today to schedule a free consultation.

  • Get as Much Information as Possible.

If possible, try to secure as much information about the circumstances of your accident as possible. For example, if you are able to get up and walk around, take photos of the accident scene. These photos should include clear pictures of your injuries, the damage to your vehicle and others involved in the collision, and the position of the vehicles on the road. It’s also wise to take photos of nearby street signs, landmarks, and traffic signals to provide an insurance adjuster or jury with a clear picture of how the accident happened.

If you required emergency transportation to a hospital for your injuries and couldn’t secure any evidence on your own, an attorney can help you gather evidence later. It’s also important to identify those involved with your injury as well as any witnesses. If the police respond to your accident, you will need to provide a statement to them before they will allow you to leave the scene. If your injury occurred at work, you would need to notify your employer or supervisor immediately for the best chances of securing workers’ compensation in addition to any future legal action you decide to take.

  • Seek Medical Treatment.

Once the immediate investigation of your accident is complete, your first priority should be medical treatment. This is true even if you believe you only sustained minor injuries in your accident. Your doctor will check for internal injuries or other medical conditions that may not show visible symptoms right away.

  • Get Copies of all Medical Records and Filed Reports.

After treating you, your doctor should provide you with a medical report that clearly outlines the extent of your injuries, your doctor’s prognosis, and your treatment plan. Do your best to get copies of all reports and records or your injuries as a result of the accident.

Building Your Case

Once you have a medical report from your doctor and the police report from your accident, you should be ready to start building your personal injury case. It’s vital to find a reliable and experienced personal injury attorney who has solid experience in the area of law most relevant to your case. For example, if you sustained injuries in a car accident, you wouldn’t want to hire a lawyer who typically only takes medical malpractice cases.

When you meet with your attorney, he or she will review the details of the case to determine whether you have solid grounds for a lawsuit. Personal injury law hinges on the legal concept of “negligence,” or one party’s failure to exercise reasonable care in a given situation. Your attorney will help you assess the damages in your case and help you determine the defendant of your lawsuit.

Who Is Liable for My Damages?

It’s possible for a personal injury claim to involve more than one defendant. Your attorney will review the facts of your claim to discern which persons or parties bear any responsibility for your damages. For example, if you sustained an injury at work due to a defective piece of equipment, you may have an Atlanta product liability claim against the manufacturer. However, if your supervisor knew the equipment was dangerous, but did nothing to correct the situation in a timely manner, your supervisor bears a degree of fault as well.

Georgia follows a modified comparative fault statute, meaning that multiple defendants in a personal injury lawsuit will receive a fault percentage based on their level of responsibility for the damages in question. It’s also possible for the plaintiff to absorb some liability as well. A plaintiff who is found partially at fault in a modified comparative negligence state will lose a portion of the case award equal to his or her fault percentage.

Common Types of Personal Injury Cases

There are many different types of personal injury cases. Five of the most common claims that occur in Georgia are listed below:

  • Car Accidents. One of the most common is an Atlanta car accident claim. Car accidents can occur because of distracted driving, impaired driving, someone acting recklessly, or another factor. Auto accident claims are often more clear-cut, as there is usually a negligent driver. For example, if one of the drivers was on his or her phone and crashed into another car, the court would likely find him or her liable. To discuss the details of your accident car with an experienced Atlanta car accident lawyer, contact our office.
  • Medical malpractice. Medical malpractice is another one of the more common personal injury claims. A person may file for medical malpractice if a doctor made a reckless or unreasonable decision that led to an injury. Medical malpractice cases are more complex because they hinge on proving a doctor acted unreasonably, and there is no clear legal definition of reasonable medical care.
  • Premises Liability. People also often file personal injury claims for slip and fall accidents. Premises liability is often part of slip and fall claims, as property owners have a legal duty to keep their properties reasonably safe for visitors.
  • Defamation of character is also a more common type of personal injury case. If someone damages a person’s reputation with libel or slander, the victim could file a personal injury claim against him or her. For most claims, the victim must only prove that the defendant’s damaging statement was false.
  • Dog Bites. Dog bites are another cause for personal injury claims. In Georgia, the victim must prove the defendant previously knew his or her dog was dangerous or vicious, and did not take steps to prevent the dog from injuring someone. However, if the dog is not on a leash when it attacks, the court could find the owner liable even if he or she did not know the dog had aggressive tendencies.

Potential Damages Awarded in Atlanta

If you win your case the court could award you damages, which you can receive for a variety of reasons. The most basic type of compensation is for current or future medical expenses, including hospital bills, cost for doctor visits, physical therapy, and any other medical necessities you required.

The court could also award you damages for wages you lost on any days you needed off from work to recover. If the injury prevents you from being able to earn as much as before, the court could also order the defendant to compensate you for the difference between the two salaries.

You may also receive compensation for pain and suffering, which focuses on overall quality of life. Many attorneys will bring in people who can testify about your quality of life before and after the incident to prove the need for pain and suffering compensation.

Georgia’s Modified Comparative Fault

Georgia follows the modified comparative fault rule, which gives the court the right to adjust compensation based on how responsible each party was for the incident. For example, if the court determines that you were 20% at fault for the incident that caused your injury, it could reduce your compensation by 20%.

Statute of Limitations

Any personal injury case has a statute of limitations that outlines a deadline for filing a claim. In Georgia, you have two years after the time of the incident to file a claim. If you do not file within two years, you may lose your right to receive compensation for the accident.

Contact Our Atlanta Personal Injury Lawyer

If you or a loved one suffered a personal injury in Atlanta, you deserve compensation. ChancoSchiffer P.C. can provide you with determined representation. We offer quality, personal legal service. Contact ChancoSchiffer P.C. for experienced and dedicated legal assistance in your Atlanta personal injury claim.