If you drive a vehicle or own a motorcycle, it is up to you to operate them with the thought of other’s safety in mind when operating them in and around Atlanta. It is your responsibility to be sure that your actions won’t cause harm to others. If you own your own home, it is your responsibility to ensure the safety of others when they are on your property.
If you behave irresponsibly or are negligent and someone is injured, the victim can file a lawsuit or personal injury claim against you.
If you or a member of your family has been injured due to the negligence or irresponsibility of another person, you deserve to be compensated, and the Atlanta personal injury lawyers at the Law Offices of Matthew C. Hines are here to help.
Our legal team will start by investigating the accident to determine how it occurred and whether someone else is at fault. If we determine that you were not at fault for what happened, we will contact the at-fault individual’s insurance company. If they accept liability, we can file a claim or a lawsuit for you. We will do our best to ensure you receive the compensation you deserve.
If you have been injured in an accident due to the fault of another, give us a call. We can handle every aspect of your personal injury case from start to finish, making the process a lot easier on you.
Common Accidents That Can Result In a Personal Injury In Atlanta
Atlanta is a wonderful place to live, and it is an excellent vacation destination. Unfortunately, it is not uncommon for Atlanta residents and tourists to be involved in a serious accident due to another person’s negligence. The most common types of accidents in Atlanta that are caused by irresponsible and negligent individuals include:
Atlanta traffic and motor vehicle accidents: Unfortunately, drivers don’t always pay attention when they are on the road. Speeding and distracted driving while texting or using the phone can easily cause an accident. The same is true when drivers don’t follow the Atlanta traffic laws and other rules of the road. Another cause of serious car accidents on the road is when people drive under the influence of alcohol or drugs. These types of accidents can cause serious injury and damage to the vehicle. There are a few factors that determine the severity of the injury or damage, such as the speed of the vehicles when the accident occurred, where the accident occurred and the way the body reacted, and what it hit when the vehicles collided.
Atlanta bicycle and motorcycle accidents: Like automobile accidents, bicycle and motorcycle accidents are unfortunately common on Atlanta roads. Cars and trucks are much larger than a bike or a motorcycle. If a vehicle collides with your bike or motorcycle, you will likely be the one that suffers the extent of the injuries from the impact. When you ride a bike or motorcycle, you don’t have any protection, and serious injuries are common during this type of accident.
If the impact causes you or your passenger to fall off the motorcycle onto the street or ground, the injuries can be severe or even fatal, especially if either of you wasn’t wearing a helmet and either of you hit your head or back on the ground or the paved road.
Accidents on Atlanta Properties: Atlanta is known for its clubs, bars, restaurants, and recreational facilities. Residents and tourists alike enjoy the fun that can be had in downtown Atlanta. It is the responsibility of the owners and the managers of these businesses to ensure the premises are safe and in good condition at all times, to ensure the safety of their customers.
If there are any safety hazards on the premises, it is up to the owner or manager to repair the issue or put up a warning side for any hazardous areas on the property.
If you visit an Atlanta business and you suffer an injury from an accident, such as a slip and fall accident, you can file a personal injury claim with their insurance and file a lawsuit. If the business owner was negligent, you deserve financial compensation for your medical bills and lost wages. You also deserve to be compensated for your pain and suffering.
Premises liability does not just cover slip and fall accidents. It also covers accidents that occur in the parking lot. Physical assaults on the premises due to negligent security or lack of security are also the business owner’s or the manager’s responsibility.
Atlanta boating accidents: There are plenty of places in and around Atlanta where you can take a boat on the water for a day on the water, fishing, and other recreational activities. You can find plenty of lakes, parks, and recreational areas in Greater Atlanta, such as Lake Atlanta, where you can bring your boat.
It is up to the boat owner to ensure their watercraft is safe. They must also operate their boat safely, carefully, and according to the law. If a boat owner fails to operate their boat safely and you are injured due to their negligence, you can file a personal injury claim or a lawsuit against the owner or the operator.
Atlanta pedestrian accidents: Downtown Atlanta is home to many businesses, and there are plenty of traffic intersections. Many of the intersections have crosswalks and traffic control devices to let pedestrians know when it is safe to cross the street.
If you are hit by a car when crossing the street in the crosswalk after using the traffic control device, serious or fatal injuries can occur. Pedestrian accidents aren’t limited to the intersections of downtown Atlanta. These pedestrian accidents can also occur in parking lots, parking garages, on sidewalks, and in areas other than downtown.
If you are struck by a vehicle while following the law, you can file a personal injury claim or a lawsuit against the driver.
Malfunctioning or defective products: If you buy something in Atlanta, such as personal care products, household goods and appliances, and any other merchandise, you do so with the belief that the product will work properly and safely, as long as you use it properly. Defective or malfunctioning products can cause serious injuries such as burns, cuts, lacerations, and other serious damage.
Malfunctioning and defective products occur due to the manufacturer’s negligence, often when shortcuts were taken during the initial design or the manufacturing of the product.
If you are injured by a defective or malfunctioning product, you can file a personal injury claim with the manufacture’s insurance company or a lawsuit. A claim or lawsuit can also be filed against the distributor or anyone else who is responsible for the product malfunctioning or for it being defective.
If you or a member of your family has suffered an injury due to one of the types of accidents listed above, the highly skilled Atlanta personal attorneys at The Law Office of Matthew C Hines can help. Our team will work to get you the compensation you deserve through a settlement, or if necessary, litigation. We can help you get compensation for your medical bills, lost wages, pain, suffering, and any other loss caused by the accident.
Common Personal Injuries That Victims Suffer In Atlanta Accidents
The injuries that you can suffer during an accident, and the severity of the injuries depend on a few factors:
- The type of accident
- The parts of your body that were injured
- The force of the impact
If you are injured due to another person’s negligence, there is a good chance you will need expensive medical tests, procedures, and therapy following the accident.
If your injuries are serious and you cannot work while you recover from your injuries, you won’t get paid, which can seriously affect your bank account. If you are able to work after the accident, your employer could cut your hours back to part-time or put you on light duty for less pay. Both of these issues will also affect your bank account.
In many cases, the most serious accidents in Atlanta are the ones that occur if you don’t have any protection surrounding you at the time of the accident, such as when riding a bicycle or motorcycle. These types of accidents can result in broken bones and fractures. Back and spinal cord injuries are common, which in some cases can result in paralysis. Head injuries are also common if you weren’t wearing a helmet.
Other injuries that can occur due to the irresponsibility and negligence of another person include contusions and muscle sprains or strains. Soft tissue injuries are also common. For example, if you strike your shoulder during the accident, your rotator cuff could be injured, which could require surgery.
One of the most serious accidents that occur on Atlanta roadways is head-on vehicle collisions. These accidents can easily result in death. If something like this happens, your family can file a wrongful death claim or lawsuit against the responsible party.
If you or a member of your family was injured due to the fault of another person, you need to have a knowledgeable attorney on your side fighting for your rights.
When you have an idea of the extent of your injuries and the cost of the treatment and therapy after, the experienced Atlanta personal injury attorneys at the Law Office of Matthew C. Hines can file a claim on your behalf. If we cannot agree with the responsible party’s insurance regarding a settlement, and they aren’t willing to fully compensate you for your injuries, we can file a lawsuit against the responsible party, allowing you to be compensated for your injuries and other damages.
Timely Filing An Atlanta Personal Injury Claim Or Lawsuit
Every state in the U.S. has its own laws regarding the length of time you have to file a personal injury claim or lawsuit after an accident. Compared to other states, Georgia’s statute of limitations for personal injury cases is relatively short.
If you have been injured in Atlanta due to the negligence or irresponsibility of another person, you have two years from the date the accident occurred to file a claim or lawsuit for financial compensation.
There are some exceptions to this rule; however, they are very limited. If you don’t file a claim or a lawsuit against the responsible party within the allowed two years, you lose the right to go after the responsible party for your medical bills, treatments, therapy, and any other costs associated with the accident. Because exceptions are very rare, it is best to assume you have two years. If you wait too long and find out you cannot get an exception, you will be out of luck.
An experienced personal injury lawyer can help by investigating your case from the beginning so they can name all responsible parties in the claim or lawsuit. If any responsible parties aren’t named within two years, you will no longer have a right to financial compensation against the individual or business. The Atlanta personal injury attorneys with the Law Offices Of Matthew C. Hines can file a claim or lawsuit against the responsible party or parties on your behalf. We will work hard to get you the compensation you deserve.
Proving the Legal Elements of Your Atlanta Personal Injury Case
If you are going to be awarded compensation for your injuries, there are certain legal elements of proof that you must satisfy. As the victim of the accident, the burden of proof is on you. There are a few things that must be demonstrated.
Duty of care owned: It is up to you to prove that the person at fault was acting negligently or irresponsibly and owed a duty of reasonable care. For example, if you were in a motor vehicle accident, drivers owe other drivers on the road a duty to operate the vehicle in a safe, lawful manner while on the road, in parking lots, or in parking garages.
Business owners owe their customers a duty by ensuring the premises and property are clean, safe, and free of hazards or defects to prevent slip and fall injuries.
Breach of the applicable duty of care: It is up to you to prove that at the time of the accident, the responsible party owes you care of duty and that they violated or breached the care of duty by behaving irresponsibly or have been negligent.
For example, if you were injured in a motor vehicle accident, you must prove that the responsible driver failed to follow traffic laws, such as running a red light or speeding, causing you to be injured.
If you were injured in a slip and fall accident, you must prove that the business owner or manager failed to keep the premises and property safe, and they failed to post hazard warnings, which resulted in your being injured.
Causation: You will need to prove more than that the responsible party violated duty of care. You must also show that the party at fault failed to follow the standard of care that led to you being injured.
Damages: If you are going to be adequately compensated for your injuries and other costs associated with the accident, you have to prove that your injuries are a direct result of the accident that occurred due to the irresponsibility and negligence of another person.
Atlanta Personal Injury FAQ
Personal injury cases in Atlanta due to the fault of another can be challenging to navigate. If you were a victim of a serious accident and don’t know much about the law, you may not know what to do or where to turn. In many cases, personal injury accidents can be confusing and can cause more questions in your mind than answers.
Below, we will do our best to answer some of your questions regarding Atlanta personal injury cases.
Q: What does it mean to file a personal injury claim in Atlanta?
A: When it comes to personal injury cases, Georgia is a fault state. This means that if you were injured in an accident due to the fault of another person, you have the right to file a claim against the person or business at fault or their insurance company.
Q: What is the process of filing a claim with the at-fault person’s insurance?
A: Filing a claim involves sending a settlement demand to the insurance company, along with the necessary documentation to prove to the insurance company that you deserve a settlement, and so they accept your settlement offer. During this time, your Atlanta personal injury lawyer can find out the limits on the responsible party’s policy.
If the accident and your injuries were serious, your settlement demand could be for the full amount that the responsible party’s insurance allows.
Q: What is included in the demand letter?
A: Your personal injury lawyer will send a demand letter. The letter will include the circumstances of the accident. It will also include the injuries you suffered, a list of your medical bills from tests, treatments, and therapy, and any lost wages due to your injuries.
Q: What is included in the demand package?
A: Your personal injury lawyer will need to add documentation to the demand package. This includes a copy of the police report, copies of your medical records, and the bills associated to show the treatment necessary and the cost.
Your lawyer may also include photos in the demand package. This includes property damage caused during a car accident and photos of your injuries. They will also send photos or videos of the accident scene or the accident itself, if there are any. These photos can help prove that the responsible party was at fault.
If you are unable to work due to your injuries, your lawyer will attach a lost wage statement to the demand package. This statement is prepared by your employer, and it will document the amount of money you have lost due to your injuries.
Q: What happens when the insurance company receives the demand package?
A: When the insurance company receives the demand package, it will be reviewed by an adjuster. If they accept liability for the case, they will try to resolve the matter by offering a settlement. Unfortunately, the first settlement they offer will be much lower than what you actually deserve. They do this in hopes that you will accept a low offer because they won’t make much money by paying out the full amount for large personal injury claims. They make money by collecting insurance premiums from individuals insured through them and paying out the least money possible.
Q: What happens if I receive a low-ball offer from the insurance company?
A: When you receive a low-ball offer, an Atlanta personal injury lawyer can negotiate on your behalf with the insurance company in hopes of getting you a fair and reasonable settlement. If the adjuster is willing to offer you a fair settlement and you agree to accept, your lawyer will finalize the settlement so the money can be released to you and the matter will be resolved.
Q: What happens if the insurance company doesn’t offer a fair settlement?
A: If the insurance company is offering an unfair settlement, you have two options. The first is allowing your lawyer to continue to try to negotiate a settlement on your behalf. You can also file a lawsuit in the court system to leave it up to a judge or jury.
Q: What Can the Personal Injury Lawyers At Sibley Doman Gipe Accident Attorneys Do For You?
A: Our personal injury law professionals can help you file a claim while trying to get you the compensation you deserve. We can also help you decide whether it is worth it to accept the settlement that has been offered or if you are better off filing a lawsuit in the Georgia court system.
Q: Will I need to file a lawsuit in my personal injury case?
A: If the insurance company refuses to offer a fair settlement for your injuries, filing a lawsuit against the at-fault individual may be your best option. If you do file a lawsuit against the responsible party, it doesn’t mean that your case will end up going all the way to trial. The majority of personal injury cases end up getting settled out of court before the trial begins.
Q: How does filing a lawsuit work?
A: Filing a lawsuit starts the litigation process. This is when both parties begin the written and oral discovery.
The written discovery involves interrogatories, where both parties in the case exchange information regarding how the accident occurred, the injuries you sustained, and the damage caused by the accident. Whether or not your injuries are permanent is also brought up at this time.
When both parties have completed the written litigation in the discovery phase, the responsible party’s insurance will take your oral deposition. During the deposition, the lawyer will ask you questions regarding the accident and the injuries you sustained.
There are cases where when the discovery phase is complete the responsible party’s insurance company will increase their settlement offer to settle the case out of court. If they don’t offer a higher settlement, both parties will take part in a mediation process in hopes of coming up with a settlement offer that everyone can be happy with.
Q: What happens during mediation?
A: During mediation, there will be a neutral third-party mediator in the room who will work with both sides in hopes of settling your personal injury case out of court.
Q: What happens if mediation doesn’t work?
A: If mediation isn’t effective in resolving the issue, a lawsuit can be filed with the court. However, the case can still be settled up until the jury comes back with a verdict.
Taking the case to trial can be risky because you no longer have control of the case. It is up to the jury to decide the issues presented in court and the issues being disputed, such as damages and fault.
Our experienced Atlanta personal injury lawyers at the Law Office of Matthew C. Hines can help determine whether you should accept the settlement offer or if you should take the case to trial. We will be with your every step of the way and will advocate for you in court.
Q: What damages can I recover in my Atlanta personal injury case?
A: The reason for filing a personal injury claim or a lawsuit is so you can recover financial compensation for your injuries and any damage sustained due to the accident.
If you are going to receive financial compensation, you and your lawyer will need to work together to satisfy the burden of proof required by law. If you are able to show proof and satisfy the legal requirements, you should be able to receive financial compensation. There are several things you can be compensated for.
Medical costs: You can pursue the cost of your medical tests, medical treatments, surgical costs, procedures, and any other medical costs. If you are covered under Medicare, Medicaid, or private insurance, you can still recover these costs.
Loss of wages: If you were seriously injured and unable to work for a significant period of time, you will lose a considerable amount of money. Under the law, you can recover the lost wages from the responsible party or their insurance company.
If your injuries are severe to the extent that you will be unable to return to your job or occupation, your lawyer can file a loss of earning capacity to cover the wages that will be lost in the future due to your injuries.
Pain and suffering: Part of your Atlanta personal injury claim will contain compensation for the pain, suffering, and inconvenience the accident and your injuries have caused you.
Loss of use: If you were paralyzed or unable to use a part of your body due to the accident, you could be compensated for the loss of enjoyment of life. You won’t be able to participate in activities you enjoy, and you deserve to be compensated.
Spousal consortium and family support: If you cannot pay your spousal support and child support because you are out of work, you can receive compensation.
Out-of-pocket expenses: If you have any additional out-of-pocket expenses, you can try to recover the cost.
The Atlanta personal injury lawyers at the Law Offices of Matthew C. Hines can help you receive compensation for your injuries and any other damages caused by the accident.
Call Our Experienced Atlanta Personal Injury Lawyer Right Away
If you have been injured due to the fault of another person, you high the right to pursue compensation by filing a personal injury insurance claim or a lawsuit against the responsible individual or business. The professionals at the Law Offices of Matthew C. Hine can help you receive the compensation you deserve from the responsible party’s insurance company. If necessary, we can walk you through the mediation and litigation process