Sustaining a serious injury can be life-altering. You will likely be impacted physically, emotionally, and financially. You never set out to get hurt intentionally, but accidents can happen to anybody, especially when another party is negligent. Fortunately, you don’t need to deal with the aftermath of an accident alone.
If you have suffered a personal injury in Gwinnett, GA, the lawyers at the Herro Law Firm will use their experience and extensive knowledge to help you fight for the justice and compensation you need to move forward. Call us at (404) 433-6876 to schedule a consultation with our Gwinnett personal injury lawyers.
What Should I Do After an Injury?
If you have been injured, try staying calm and following the steps below to help you prepare for a personal injury case:
Seek Medical Treatment and Keep All Records of Treatment
If you have been injured in an accident, you should first seek medical treatment since this will increase your chances of making a full recovery. It will also allow doctors to document your injuries and establish a connection between your injury and the accident. Don’t forget to keep all records of treatment since they will prove useful when it comes to pursuing your compensation claim.
Take Photos/Videos If You Can
If you have your smartphone with you, take photos/video footage of the accident scene along with other factors related to the accident, including:
- Damage to your vehicle and any property nearby
- Wide span pictures that depict the scene in its entirety
- Debris, spills, and any other condition that may have contributed to the accident
- Your injuries as they progress over time.
Get Names and Numbers of Any Witnesses
You should ask any witnesses to the accident about what they remember. Note down their contact details so that your lawyer can contact them later. Take note if there were any security or traffic cameras in the area. Your lawyer can get the footage and determine what happened.
Report the Incident
You should also report the incident to the relevant authority. If it was a car accident, report it to the police. If it was a workplace accident, report it to a supervisor, and so on. If possible, ensure that you obtain a copy of the incident/accident report.
Never Admit Fault
You must never admit fault or attempt to apologize for the accident. The only people you should discuss the incident with are your lawyer and doctor. If you must talk about the accident – whether to opposing counsel or an insurance agent – your lawyer must always be present.
Call a Personal Injury Lawyer
If you were injured due to another person’s reckless or negligent actions, you should contact a lawyer that handles cases like yours. The experienced personal injury lawyers at the Herro Law Firm in Gwinnett, GA can help you gather evidence to support your claim and handle all communications with the insurance company.
Call us today at (404) 433-6876 to schedule your free consultation.
Why Do I Need a Gwinnett Personal Injury Lawyer?
If you have suffered an injury due to someone else’s negligent or reckless actions, you should hire an experienced lawyer to help with:
Case Preparation/Filing a Lawsuit
Personal injury claims are complex and have to be proven with strong evidence. Gathering the relevant information is difficult for injured individuals to do on their own. Fortunately, our personal injury lawyers know how to build a solid claim and do all the legwork so that you can focus on recovery.
Settlement Negotiation
Negotiating with insurance companies can be incredibly challenging since they can use high-pressure techniques to persuade you to accept their first offer. That’s why you need an experienced lawyer representing you to handle settlement negotiations with insurance companies.
Trial Preparation and Representation
If settlement negotiations with insurance companies fail, your last option is to file a lawsuit that will need to be handled in court. In such circumstances, you will want an experienced lawyer on your side to argue your case and increase your chances of a favorable verdict in court.
What Type of Damages Can I Recover?
Here are the different types of damages you can recover in a personal injury case:
Economic
Economic damages are aimed at reimbursing the out-of-pocket expenses incurred by a victim as a result of an accident. Examples include but aren’t limited to:
- Physical and Emotional Therapy
- Medical Expenses
- Lost Earning Capacity
- Funeral Expenses
- Current and Future Wage Losses
Non-Economic
Non-economic damages are the subjective losses associated with the accident that are more difficult to assign dollar values to. Examples include but aren’t limited to:
- Distress and Anxiety
- Pain and Suffering
- Scarring and Disfigurement
- Permanent Disabilities
Punitive
Punitive damages are also awarded sometimes in Georgia personal injury cases when a plaintiff produces clear and convincing evidence of a defendant’s malicious or extremely reckless behavior.
How Is Liability Determined?
Negligence is one of the most common legal theories used to determine liability in personal injury cases. If you can prove that the defendant’s (at-fault party’s) negligent actions caused your injuries, they can be held liable for your damages.
To determine liability for damages, you must prove the following elements of negligence:
Duty of Care
The plaintiff (injured party/you) should prove that the at-fault party (defendant) owed them a duty of care, which arises when the law recognizes a relationship between the defendant and plaintiff that requires the defendant to exercise a certain duty of care to avoid harming the plaintiff.
Breach of Duty of Care
The plaintiff is also required to prove that the defendant breached their duty of care. A breach occurs when the defendant doesn’t meet the standard of care required by either doing or not doing something that a reasonable person would if they were in a similar situation.
Causation
The plaintiff should also prove that their injuries resulted from the defendant’s breach of duty of care. Another thing that should be considered here is whether the defendant could have foreseen that his/her actions might cause injury.
Damages
The plaintiff must also prove a “legally” recognized harm, that’s shown through economic and non-economic damages. Since the plaintiff suffered an injury or loss that a reasonable person in a similar situation could foresee or expect, monetary compensation may be the only form of relief for those injuries.
Comparative Negligence Doctrine
The comparative negligence doctrine that’s applied in Georgia’s personal injury cases may reduce the value of a claim by placing part of the fault and liability on the plaintiff. The award is reduced by the percentage of fault. For instance, if you are awarded $100,000 in a settlement but found to be 25% responsible for the accident, you would end up receiving just $75,000.
How Much Time Do I Have to File a Personal Injury Claim in Georgia?
The amount of time you have to file a personal injury claim, which is known as the statute of limitations, in Georgia is typically 2 years from the date of the injury or death. You are required to file a claim with the court before this deadline or you lose your right to recover compensation.
Personal Injury Claims Process
Every personal injury claim is unique based on the specific circumstances and facts surrounding each incident. Still, just about every personal injury claim will progress through 6 similar steps that are outlined below:
Initial Consultation
Personal injury lawyers typically give you a free initial consultation. You need to provide your lawyer with all relevant information and ask any questions you have. If the lawyer agrees to represent you, he/she will help with the rest of the process.
Notification Letter and Reservation of Rights Letter
Your lawyer will then send the insurance company an official notification letter informing it of your intent to make a claim. The insurance company will then send back a reservation of rights letter acknowledging your notice and informing you that it will investigate the claim, but doesn’t admit liability.
Investigation and Discovery
Your lawyer will start gathering information and evidence relating to the accident, which will include reviewing medical records and treatment history. Your lawyer will also speak to witnesses and review any footage of the accident. It is at this stage that your lawyer will determine who is at fault and the full extent of damages to pursue.
Demand Letter
Your lawyer will typically wait until you have reached your maximum medical improvement (MMI) before proceeding forward with the claim. MMI means that your treatment has either ended or you have physically recovered as much as is possible. The demand letter lists the facts and includes a list of expenses and damages.
Settlement Negotiations
In most instances, the insurance company will not immediately agree to your demands. Instead, it will likely make a counteroffer for a sum lower than you originally demanded. Your lawyer will handle settlement negotiations for you, and the process often involves a lot of back and forth with the insurance adjuster.
If the negotiations are successful, your lawyer will first confer with you before accepting any settlement offer on your behalf.
Litigation
If settlement negotiations fail and you are unable to come to a settlement agreement, the next step is filing a lawsuit and presenting your claim for compensation before a court, and obtaining a verdict against the parties responsible for your injuries and losses.
How Much Will a Gwinnett Personal Injury Lawyer Cost?
The cost of hiring a lawyer shouldn’t prevent you from seeking or getting the help you need after an accident. That’s why most personal injury lawyers in Gwinnett, GA, including those at the Herro Law Firm work on a contingency fee basis. That means that there’s no fee unless they win your case.
The contingency fee will typically be a percentage of the award or settlement that you receive.
Types of Personal Injury Cases We Handle at the Herro Law Firm
At The Herro Law Firm in Gwinnett, GA, we handle all kinds of personal injury cases including:
Auto Accidents
If you are injured in an auto accident, the Gwinnett personal injury lawyers at The Herro Law Firm will fight for you. We offer the legal representation required to obtain the compensation you are entitled to, from medical costs and vehicle repair to lost wages.
We handle all kinds of traffic accident cases including:
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Uber Accidents
- Bicycle Accidents
- Pedestrian Accidents
Premises Liability
Premises liability cases occur when you have been injured on someone else’s property, which may be a private residence, business, or any other public gathering area. The property owner may be held liable if they failed to remedy a dangerous condition on the property, such as a wet floor or an uneven surface.
Premises liability claims are often heavily contested by the other side, which is why it is so important to have our lawyers assist you with such claims.
Slip and Fall Accidents
Slip-and-fall cases are the most common type of premises liability claim. Slip and fall accidents are often caused by wet floors, uneven surfaces, and poorly maintained railings and stairways. If the property owner didn’t remedy the condition, they can be held liable for your injuries, including paying your medical bills and our lawyers can help with this.
Dog Bites
Every dog owner has a responsibility when comes to controlling their pet and keeping people safe. If they have failed in this area, it is regarded as “negligence” under Georgia law. Call us today for a free consultation if you or a loved one has been bitten or attacked by a dog.
Product Liability
If you or somebody close to you has been harmed by a defective product, you may have legal grounds to file a product liability lawsuit against the product’s distributor, wholesaler, or manufacturer. At The Herro Law Firm, we will aggressively fight to defend your rights as the consumer and ensure you receive the compensation you deserve.
Brain Injuries
No amount of money can ever make up for what you are going through after suffering a brain injury, but a settlement can help pay for medical therapy, continuing care and therapy, modifications to your home, and replace your lost wages if you are too injured to work. An experienced personal injury lawyer can help you claim the maximum compensation possible.
Spinal Cord Injuries
Spinal cord injuries can be very severe and come with years of medical bills and lost wages. You shouldn’t be forced to carry those losses alone if someone else caused your injury. Whether you were injured while driving or in a fall, you may be owed financial compensation.
Wrongful Death
Losing a loved one is difficult under any circumstances, but when the death is the result of the negligent or wrongful conduct of another, it can be particularly devastating emotionally. Our attorneys can help you file a wrongful death case and pursue the maximum compensation you are entitled to under the law.
Schedule Your Consultation With Our Personal Injury Lawyers in Gwinnett, GA Today!
If your injuries were caused by the reckless or careless actions of another person or entity, they need to be held liable. Drivers, property owners, trucking companies, landlords, and employees have a responsibility to create safe circumstances. If they fail to do so, our Gwinnett personal injury lawyers at The Herro Law Firm will help you seek justice.
Personal injury cases demand swift action, which is why we encourage you to call our Gwinnett, GA office today at (404) 433-6876 to schedule your free, no-obligation consultation.
