Accidents like motor vehicle crashes, dog bites, and slip-and-falls have unfortunately become an almost daily occurrence in Georgia. However, when it’s the negligent or careless actions of another person or entity that are to blame for the accident, they should be held liable for the damages the victims incur.
If you or a loved one was seriously injured due to the negligence of another person or entity, an experienced Riverdale personal injury lawyer can help you bring the negligent party to justice. A skilled and dedicated attorney can help handle the legal side of things in your Riverdale injury case so that you can focus on making a full recovery.
Reach out to a Riverdale personal injury lawyer at Humphrey & Ballard Law at 404-341-0499 to schedule your free case assessment with us. You might be able to recover damages to help with your financial situation following the accident. We also offer all our clients a free consultation, so you have nothing to lose by getting in touch.
What Should I Do After an Injury?
To ensure your safety and after an accident and protect your right to compensation, follow these steps:
Get Medical Treatment if Needed and Keep Records of All Treatment
Don’t wait until you get home after the accident, go get medical help immediately. If necessary, have an ambulance take you to the emergency room. It’s your responsibility to mitigate your injuries and failing to seek medical attention may potentially harm your case down the line.
Take Photos/Video if You Can
When possible, you should also take photos or videos of the scene of the accident to document your damages. So, be sure to capture the details that might be relevant to your case. These may include weather conditions, the condition of the floor, the injuries you sustained, damage to your property, damage to other vehicles, etc. If you’re unable to take the pictures, have someone else do it for you.
Get Names and Numbers of Any Witnesses
Before leaving the scene, you should collect the contact details of any witnesses present at the scene of the accident. The details should include things like full names, phone numbers, addresses, and other relevant details, such as license information and insurance details in auto accident cases. Don’t forget to thank the witnesses for helping you out.
Report the Incident
For vehicle accidents that involve significant damages or injuries, contacting the police is critical. If it’s a slip and fall accident or a workplace accident, be sure to report it to the property manager or your supervisor too. This should help create an official record that the accident happened. When the police arrive, they will also determine whether anyone was breaking any laws, which could help advance your case.
Never Admit Fault
Avoid saying things like “sorry” for causing the accident or any other remorseful statements that could be interpreted as you are admitting fault for the accident. Never give the defendant’s insurance company any statements or sign any documents without consulting with your attorney first.
Call a Riverdale Personal Injury Lawyer!
Generally speaking, the days following a personal injury are crucial in many ways. Aside from having to seek and pay for immediate medical care, you have to act quickly to protect your rights and best interests.
The personal injury attorneys at Humphrey & Ballard Law will take over the legal aspects of things as soon as you contact us. Our aim is to help you focus on making sure you receive high-quality medical care so that you can make a full recovery. We will make sure that you receive full compensation for all your damages.
Why Do I Need a Lawyer?
Whether you have a personal injury lawsuit or are filing an insurance claim, the defendant will likely be represented by a team of skilled attorneys. These lawyers know how to deal with cases like yours and probably have strategies to get favorable results for their clients. To win your personal injury case and maximize your compensation, you need to level the playing field by hiring an experienced personal injury lawyer.
Here are more benefits that come with hiring an attorney:
Case Preparation
Most accidents tend to be complicated, as a lot of different things could contribute to the incident. In such a case, multiple parties or entities might be responsible for causing the damages. But to prove this, you need convincing evidence.
When you hire an experienced personal injury lawyer, they will start by conducting a thorough independent investigation. We will act fast to collect the available evidence while it’s still fresh and dig deep to figure out who’s responsible for the accident. We then prepare a strong case to seek compensation from anyone who shared even the slightest blame for the accident.
Settlement Negotiation
Insurance companies will be looking to have the final say in terms of assigning value to your case. They may try coercing you or paying on your emotions to have you accept a lowball offer that doesn’t reflect on the true worth of your case. But with a lawyer on your side, they will be able to spot these tactics early and be able to tell the true worth of your case. Your lawyer will also handle the negotiations with the insurance company on your behalf.
Trial Preparation & Representation
Our team of dedicated lawyers is not afraid of taking your case to trial if the negotiation stage proves unfruitful. The team is made up of former prosecutors, associate attorneys, investigators, and legal assistants all of which are trained to strategically fight big insurance companies on behalf of our clients and get you the maximum compensation available for your case.
What Type of Damages Can I Recover?
Victims of personal injury accidents may recover three types of damages in Georgia.
Economic Damages
Economic damages are the compensation amount paid to settle the identifiable financial costs of your incident. This includes costs like:
- Medical expenses
- Property damage
- Rehabilitation
- Lost income and wages
Non-Economic Damages
Not all damages can be valued in monetary terms, which does not mean that they aren’t devastating. It simply means that the value of these damages will vary significantly from one case to another. Some of the most common non-economic damages in personal injury cases include:
- Pain and suffering
- Emotional distress, including anxiety and depression
- Disfigurement or scarring
- Loss of consortium
- Loss of enjoyment of life
Punitive Damages
These are damages awarded to punish defendants who caused significant harm. Punitive damages are rarely awarded in personal injury cases, though it ultimately depends on the unique circumstances surrounding each case and whether the conduct of the defendant warrants punishment.
Punitive damages are usually only awarded to cases where there’s clear and convincing evidence that the defendant’s actions showed malice, wantonness, fraud, oppression, or a gross disregard for human life.
How Is Liability Determined?
For your claim to be successful, you have to prove the following elements of negligence:
Duty of Care
You have to show that the defendant had a duty to conform to a standard of conduct to protect you and others against an unreasonable risk of injury. Duty of care is determined by the applicable standard of care and there are some factors that could heighten the standard based on the relationship between the parties in question, profession, etc.
Breach of Duty of Care
A breach of duty of care happens when the actions of the defendant don’t meet the applicable standard of care they owed the plaintiff. There are a number of ways to demonstrate a breach of the duty of care, such as actions that are against the custom in an industry, behaviors that are in violation of a statute, etc.
Causation
You must also demonstrate beyond a reasonable doubt that the damages you suffered were a direct result of negligence or misconduct (breach of duty of care) on the part of the defendant.
Damages
Damages will never be presumed in any case. If you are unable to demonstrate that you suffered damages as a result of the defendant’s negligence, then the court cannot hold the defendant liable for the tort of negligence.
Besides proving these elements of negligence, you should know that Georgia is a comparative negligence state. This means that you can only seek compensation if you were less than 50% responsible for the accident. If you are found to be more than 50% at fault in the accident, the court will dismiss your claim. It also means that the final compensation award will be reduced proportionately by your percentage of fault.
How Much Time Do I Have to File a Personal Injury Claim in Georgia?
The statute of limitations for personal injury claims in Georgia is two years. However, the sooner you file your claim, the better. There are some exceptions to the statute, such as cases involving government entities, cruise ships, Indian reservations, etc. which have their own laws, where the deadline could be much shorter. Get in touch with us today to learn more about how the statute of limitations applies to your case.
Personal Injury Claims Process
When you consult us with a personal injury case, the following are the typical steps that follow.
Discussions with an Attorney
You will be dealing with a personal injury lawyer with years of experience in handling cases similar to yours. You should let them know of all the details regarding your case so that they can determine if you have a case and how much it might be worth.
Building a Strong Case
To make things official, you only need to sign a retainer agreement, after which your attorney and their team will start looking at every aspect of your case. This includes your injuries, damages, the circumstances surrounding the accidents, the available evidence, the family circumstances, your employment details, and other elements that could help strengthen your claim.
Settlement Negotiation
Your lawyer will send a demand letter to the defendant’s insurance company essentially laying out your case for damages. In many cases, this will provide the lawyer with a suitable personal injury settlement amount to cater for your damages.
Filing the Lawsuit
if the defendant offers a low ball offer or fails to reach a reasonable settlement amount, your lawyer will switch gears and proceed to file a lawsuit to try to get you the best compensation.
Discovery
Both sides of the lawsuits will share documents and any evidence they have as requested. This time period also entails your lawyer going over every piece of documentation that the other side has that could be helpful in supporting your case.
Trial
if the case can be settled out of court, it will have to go before a jury or judge. Your attorney will argue your case in your favor and interview expert witnesses to support your claim. However, given our exceptional track record in securing millions of dollars in judge and jury verdicts, many insurance companies will not be excited about facing us in court. You can be sure that your lawyer is not afraid of a courtroom.
How Much Will Riverdale Personal Injury Lawyer Cost?
For all personal injury cases, hiring a lawyer won’t cost you anything upfront. We only take our fees from your settlement or the compensation awarded in court (a percentage). This means that you don’t have to part with anything during the case should we be unable to make a recovery. So, you have no risk in working with us.
The goal in all our cases is to get our client as much money as possible as quickly as we can. However, the first and most vital part is to get you healthy and back on your feet as quickly as possible, then we can put a value on your claim.
You can get a free consultation with our experienced lawyers regardless of how many times you need our advice. Plus, we don’t take cases we don’t think we can win.
Types of Personal Injury Cases We Handle at Humphrey & Ballard Law
Our attorneys at Humphrey & Ballard Law handle a wide variety of personal injury cases, including:
Car Accident
An unexpected car accident in Georgia can cost you thousands of dollars in damages. At Humphrey & Ballard Law, we will fight tirelessly to hold the other negligent parties and their insurance companies accountable for the damages they caused you. We will investigate the incident and determine the cause of the accident, collect the necessary evidence, and secure you meaningful compensation.
Pedestrian Accidents
The total number of pedestrian accidents in Georgia has been surging in recent years. Unfortunately, it’s the victim who suffers much of the consequences. The injuries are often catastrophic and even fatal at times. If you’ve been hit by a negligent driver, you deserve justice and compensation. Our personal injury lawyers will go above and beyond to secure the compensation you need on your behalf.
Truck Accidents
If you have been in a truck accident, you could be in a dire situation both physically, mentally, and financially. Let us take the legal side of things catered for on your behalf. We will do an in-depth investigation and seek damages from the negligent parties, which could be the truck driver, their employer, or a separate third party.
Motorcycle Accidents
Motorcycles are an excellent means of getting around, and riding on them can feel quite liberating. However, they do not offer any surrounding protection, so motorcycle accidents are often severe. In most cases, victims are severely injured or die. We will fight to ensure you are well-compensated.
Premises Liability
If you or a loved one got hurt or injured on the property of another person or entity, you might be able to hold the owner accountable for your damages. However, you should be prepared to be blamed for the incident. Fortunately, we can fight and help protect you and handle your premises liability claim.
Workplace Accidents
An injury suffered at the workplace could impact every aspect of your life. It may prevent you from working and cost you and your family thousands in medical bills. Fortunately, many employees in Georgia are entitled to file a claim for their workers’ compensation benefits. Others also have a right to file a claim for their damages against a negligent employer. Contact us today to learn more about how we can help.
Wrongful Death
Unfortunately, not everyone who gets injured in a personal injury case will survive their injuries. Each year, hundreds of families are forced to deal with an untimely loss of a loved one. If this happened to you, we might be able to help file a wrongful death lawsuit. And while financial compensation won’t bring your loved one back, it can help you and your family members cope after the loss.
Talk to a Riverdale Personal Injury Lawyer Today!
If you or a loved one has been injured in an accident that wasn’t your fault, you want to make a full recovery as soon as possible and get compensation from the negligent parties. Hiring an attorney at Humphrey & Ballard Law can make a big difference and help ensure you receive the maximum compensation possible for your case.
We work with victims of personal injury accidents in Riverdale and the surrounding areas in Georgia. We also offer all our clients a free case evaluation and we will explain your best legal options to pursue full and fair compensation.
