The fact that you have landed on this page means that you or your loved one is looking or considering seeking the services of an experienced lawyer. Hiring an Atlanta personal injury lawyer for your compensation case is important and the wisest decision to take. Remember, the federal and state laws are complicated for someone without experience in the field of law to understand the legal technical jargon. Let us not forget the fact that case preparation is challenging and exhausting because our legal processes are complicated.
That is why you need our legal services. At Jamie Ballard Law, we understand that finding the right lawyer with years of experience in personal injury cases can be challenging. For this reason, we offer a free initial consultation and case evaluation service. With that, you get an opportunity to sit down with an experienced lawyer to talk about the nature of your case, the concerns you may have, and get your questions answered – all for free.
If the cost of hiring a personal injury lawyer in Atlanta, Georgia is your primary concern, then you should not worry. Jamie Ballard Law works on a contingency basis. It means we do not get paid if we fail to get you the compensation you are legally owed. Moreover, we do not ask for upfront payment or pay from your pocket, but the compensation you get (in the form of a percentage from the amount received). To know more, call us at 571-331-2381.
What Are the Steps to Take After an Injury?
All successful cases begin with the actions of the victim. As such, the actions you take after an injury will either make your case strong, weak, or irrelevant. This is why we always advise our clients to be careful of the actions they take after an injury. In fact, we recommend the following:
Get Immediate Medical Attention
Your life is more important than anything else in the world. Never assume that you are Okay. Some injuries are internal, which means you can stay for a while without feeling the sign or symptoms.
Collect and Keep All Relevant Records
It is wise to collect and keep all relevant records, such as medical bills, medical traveling expenses, medical records, and others.
Take Video or Photos
If possible, take pictures or videos of the incident that led to your injuries. For example, if your injuries are as a result of a car accident – if possible take relevant images regarding the accident such as the traffic sign, the extent of the damage, tire skid marks, the extent of your injuries, and others.
Collect the Numbers and Name of Witnesses
It is wise to collect the names and number of witnesses. Anyone who has witnessed the accident can help you build a strong civil case against the offender.
Call or Inform Relevant Authorities
It is wise to inform the relevant authority about the accident. For example, in the case of a traffic-related accident, you should inform the police, so that they can file an accident report. In the case of a work-related injury, you need to notify the manager or business owner so you can begin the process of a worker’s compensation claim. In the case of a slip and fall, it is wise to inform the relevant building manager or owner.
Never Admit Fault
You must never admit fault. That is because the moment you admit fault, you risk losing your right to get compensation. In fact, by admitting fault, you accept liability for the injury caused.
Call a Lawyer
Always contact a lawyer immediately after an injury. Doing this is important for many reasons, like helping you collect evidence, protect your rights, help you build a strong case, and much more.
Why Should You Hire an Atlanta Personal Injury Lawyer?
Here are some of the ways a personal injury attorney at Jamie Ballard Law can help you.
An attorney at Jamie Ballard Law can evaluate your case for free. The lawyer will help you understand the best legal action to take, help you understand what the law says, and more.
Preparing a case and filing a lawsuit comes with a lot of paperwork and different aspects of it that must be met. This process can be stressful if you handle it by yourself. The personal injury attorney will help you with this process, which will give you peace of mind.
After an accident, the first step insurance companies take will take is to try to settle the case. They will use different tactics to trick you into accepting less than you deserve. During negotiations, an attorney will ensure you get the best compensation possible.
Not all cases are solved through negotiations. As such, when negotiations fail, the case will have to move forward to the civil court. This means that you will need an experienced person who will help you prepare and represent you.
What Types of Damages Can I Recover in Georgia?
Based on Georgia law, there are three types of damages one can receive, which are:
Economic Damages (Special Damage)
This type of damage relates to the financial losses caused by an injury. As such, it will generally cover medical expenses, loss of wages, car or home adjustments, property damage, etc.
Non-Economic Damages (General Damages)
This type of damage demands complex calculations since it relates to the pain and suffering aspect of the injury. As such, you may receive compensation for anguish, trauma, physical suffering, psychological and emotional effects, quality of life, wrongful death, etc.
Punitive Damage (Direct or Consequential Damage)
Punitive damages may be available only if the accident was caused by someone who acted with “willful misconduct,” “malice” or a reckless disregard for the consequences.
How Is Liability Determined in Georgia?
Before jumping into how liability is determined in Georgia, it is wise to understand the state liability rules.
By looking at Georgia’s law on negligence, O.C.G.A. 51-11-7, you will see how the law is written in a way that shows the victim’s (injured person) ability to obtain compensation depends on their role in the accident. In a nutshell, two legal principles are in play:
This simply means that Georgia follows the at-fault law. What does this mean? It simply means that in an accident involving different parties, the party found to be at fault will be financially held responsible for the outcome, such as medical expenses, repairs, and others.
Modified Comparative Negligence
Georgia is a modified comparative negligence state. This means that the victim will receive compensation even if they were partly found to be at fault for the accident, as long as the assigned fault is less than 50%.
In Georgia, liability is determined by showing or providing proof for the following four elements of negligence. These are: –
- Duty of Care: The term ‘duty’ refers to the relationship between the victim and the offender. This relationship may involve a tenant and landlord, doctor and patients, etc.
- Breach of Duty of Care – This refers to the wrongdoing committed against the plaintiff. Failure to act is the common carelessness claim. This can be anything like a business owner failing to tend to a spill, a landlord failing to light corridors and stairways for their tenants, etc.
- Causation – Under causation, the plaintiff must demonstrate or prove how the defendant’s actions led to the accident.
- Damage or Injury – Under this element, the plaintiff must show the damage or injury caused.
What Is the Statute of Limitation for Filing a Personal Injury Case in Georgia?
All states in the U.S. have a statute of limitation. However, it differs from state to state. The Statute of Limitation is a timeframe that a person has to file a civil personal injury case. If a person fails to observe the time frame, they forfeit their right to seek compensation.
In Georgia, the statute of limitation for civil cases is 2 years starting from the date of the injury or death. In cases involving slander or libel, a person will only have 1 year to file the case. Property damage and trespassing have a 4-year statute of limitation. If your case involves any government agency, you only have 6 months to file a case.
An extension may apply only if the case involves a minor (under 18), fraud, or mental incapacity. The offender leaving the state after the accident is another reason that may make the statute of limitation to be extended.
What Is the Personal Injury Claim Process in Atlanta, Georgia?
The process of filing a personal injury claim in Atlanta, Georgia begins with knowing and understanding the statute of limitation. Therefore, you have to understand the law that applies based on your situation. As mentioned, the overall statute of limitation for personal injury is 2 years. However, some come with a shorter time frame like when your claim is against any government agency or longer like property damage cases.
On the other hand, it is important to note that proceeding through the legal process is challenging, especially if you do not know the law. This is why it is advisable to seek the services of an experienced lawyer. You have to note that every case is different and demands different processes as well.
The general process involves:
- Collecting information and proof
- Notify relevant authority
- Beginning a post-accident diary
- Calculate all expenses
- Draft a demand letter
- Negotiate a settlement
- Going to trial if settlement fails
To prevent the hustle that comes with a personal injury claim process, it is wise to seek the help of an experienced personal injury lawyer. At Jamie Ballard Law, we are willing and ready to help you. Talk to us today to know your legal options.
How Much Will an Atlanta Personal Injury Lawyer Cost?
At Jamie Ballard Law, we work on a contingency fee basis. This means that we do not get paid if we fail to win the case. Moreover, we offer free initial consultation services where you get an opportunity to speak to our lawyer. This allows you to know more about our fees.
The Type of Personal Injury Cases We Handle at Jamie Ballard Law
Being involved in a car accident in Atlanta, GA can leave a person overwhelmed not knowing where to begin. We will help you with this, all you have to do is make the important decision of calling us.
A majority of truck accidents are serious and often cause life-threatening injuries, if not fatalities. Filing a truck accident injury is very difficult and needs the services of a professional.
Slip & Fall Accidents
Property owners, including businesses, landlords, etc., have a duty to keep their property safe for visitors. You can demand compensation if a known safety risk caused you to slip and fall.
When someone dies because of the reckless or criminal actions of another party, Georgia law allows the family to recover compensation. Our experienced wrongful death lawyers are here to help you during this difficult time.
Get in Touch With an Atlanta Personal Injury Lawyer Today
If you or a family member has been injured due to another person’s negligence, you have the legal right to seek compensation. Seeking compensation without the help of a professional is challenging and comes with a lot of obstacles. To avoid all this, you should hire an experienced lawyer.
At Jamie Ballard Law, we offer personalized legal service based on your unique case and situation. We will guide you through the whole process. Call our Atlanta, Georgia personal injury lawyer today at 571-331-2381, and book your free consultation.