Every year in Georgia, thousands of people are injured as a result of auto accidents, defective products, and premises liability cases such as slip and fall accidents. In a lot of these cases, individuals get injured through no fault of their own. They are left with a lot of pain, emotional distress, and a great financial burden accompanying those injuries.
A Warner Robbins personal injury lawyer, like those from The Herro Law Firm, can help if you were hurt through the negligence of another person, business, or entity. Following any kind of accident, we are the go-to personal injury firm in Warner Robbins. Our team will analyze your case, communicate with insurance companies, and ensure we get a favorable outcome for you and your family.
Learn more about how our lawyers can help you after a serious personal injury. Reach out to us today at (404) 433-6876 so that we can start investigating your case.
What Should I Do After an Injury?
Here are the steps you should take to help your case.
Get Medical Treatment if Needed and Keep Records of All Treatment
You should ideally go to the emergency room or healthcare clinic as soon as possible. If necessary, get an ambulance to the scene of the accident. Any delay could have serious repercussions. Be sure to keep all records of any treatment you receive as these could come in handy once you file your claim.
Take Photos/Video if You Can
If you can, take photos and videos of the scene of the accident, the injuries sustained, and anything around the scene of the accident that might be relevant, such as skid marks, uneven stairs, road conditions, weather conditions, road signs, road conditions, warning labels, or lack of warning signs.
Get Names and Numbers of Any Witnesses
In case there are any witnesses, get their names, phone numbers, and contact information. Witnesses will have an important role when pursuing your claim as they can collaborate with your version of events.
Report the Incident
Be sure to also report the incident to the relevant channels based on where it happened. If it’s a car accident, report it to the police. If you slipped and fell on someone else’s property, report it to the property manager or the police. If the accident happened in the workplace, report it to your manager or supervisor.
Never Admit Fault
You should never apologize for the accident. The only people that you have to discuss the accident with are your lawyer and your doctor. If you do have to talk about it, your attorney should be present.
Call a Personal Injury Lawyer!
Once you receive medical attention, find and retain a personal injury lawyer as soon as possible. A lawyer will keep your best interests at heart and help you build a strong claim. Keep in mind that insurance companies and other defendants will have legal counsel, and you should too.
Why Do I Need a Warner Robbins Personal Injury Lawyer?
Your personal injury lawyer will help you with the following:
Case Preparation/Filing a Lawsuit
If you’ve been injured in an accident, there will be a lot of paperwork involved when filing insurance claims and a personal injury lawsuit. Your lawyer will handle all the paperwork involved with case preparation and let you focus on making a full recovery.
A personal injury lawyer will also negotiate with the insurance companies on your behalf to make sure you get the most favorable outcome. Lawyers have experience dealing with insurance companies and will be persuasive enough to ensure they reach a fair settlement amount.
Trial Preparation and Representation
While most personal injury cases are settled out of court, they can fail sometimes, at which point they proceed to trial. Your lawyer will oversee all the elements of your case, including preparing arguments and representing you in court to convince the judge or jury why you need the full settlement amount.
What Type of Damages Can I Recover?
You can recover three types of damages in a personal injury case.
These are special damages meant to cover the out-of-pocket financial losses you suffered in the accident. These typically include medical expenses, lost wages/earnings, property damage, and the cost of rehabilitation.
Non-economic damages are general damages incurred by the plaintiff that are subjective in nature, making them difficult to calculate in monetary terms. They typically include pain and suffering, physical impairment, loss of enjoyment of life, temporary or permanent disability, and loss of consortium.
The court might choose to give out punitive damages along with economic and non-economic damages to further punish the defendant. Punitive damages are awarded when the defendant is guilty of extreme recklessness, willful malice or misconduct, or oppression.
How Is Liability Determined?
Establishing liability in personal injury cases usually involves demonstrating the following elements of negligence:
Duty of Care
This is a legal obligation the defendant owes the plaintiff in a situation that requires the defendant to exercise a reasonable level of care to avoid harming the plaintiff. An example is following traffic laws to keep other road users safe.
Breach of Duty of Care
The plaintiff also has to prove that the defendant breached their duty of care. This is when the defendant doesn’t meet the expected standard of care in a situation where a reasonable person would under the same conditions.
You also have to prove that the injuries and damages were a direct result of this breach of duty. For personal injury cases, the defendant should have foreseen the risk of injury or harm from their actions or inactions.
You also need to show that you suffered compensable damages and that monetary compensation is a reasonable form of relief for those damages.
It’s worth noting that Georgia follows the modified comparative negligence rule, meaning that you will only be eligible to recover damages so long as you were less than 50% to blame for the accident that resulted in your injury. Under the same doctrine, if you’re found to be partly responsible for the accident, say by 20%, your total compensation will be reduced to 80%.
How Much Time Do I Have to File a Personal Injury Claim in Georgia?
In Georgia, you must file your claim within 2 years from the date of the accident or wrongful death. This is covered under the state’s statute of limitations. Failure to meet this deadline is presumed as forfeiture of rights to bring the personal injury lawsuit in the future.
Personal Injury Claims Process
While every case is unique, each starts with an incident where someone is injured through no fault or limited fault of their own. A typical personal injury claim will go through the following process:
- Initial case review: This involves presenting your claim and any evidence to an attorney for guidance on how to proceed.
- Case investigation: During this phase, your lawyer will review your case and available evidence, along with an independent investigation. This will determine if you do have a case.
- Demand for compensation: Your lawyer will make a demand for compensation from the defendants. They can deny, counter, or comply with the demand.
- Filing a suit: If the demand is denied, your lawyer will file a lawsuit and start preparing for trial.
- Discovery: This involves the lawyers from both sides collecting evidence, conducting witness interviews, depositions, and building their respective cases.
- Settlement negotiation: After discovery, lawyers from both sides will meet to negotiate a fair settlement.
- Litigation: If negotiations fail, the case will go to trial. Both sides will present their case to a court or jury. Few cases reach this stage, but our lawyers are well prepared either way.
Depending on the complexity of your case, a personal injury claim can take anywhere from a few short months to a few years. This is why you should contact a lawyer as soon as possible to start working on your case right away.
How Much Will a Warner Robbins, GA Personal Injury Lawyer Cost?
Usually, personal injury attorneys provide their services on a contingency fee basis. Under this arrangement, we only get paid a percentage of the settlement amount recovered on your behalf. If we don’t win, you don’t pay. It’s that simple.
Types of Personal Injury Cases We Handle at The Herro Law Firm
The team of personal injury lawyers at Herro Law has extensive experience in a broad range of cases, including:
- Car accidents – From fender benders accidents to fatal accidents, we have experience handling all kinds of car accident cases.
- Truck accidents – Georgia sees its fair share of truck accident cases, and we help clients seek compensation from negligent truck drivers, trucking companies, and truck manufacturers.
- Motorcycle accidents – Motorcycle accidents carry an exceedingly high risk of injury to the rider. We can help you seek justice for the same.
- Premises liability – Premises liability cases often arise when you’re injured on another person’s property. These cases can be heavily contested, and it’s always wise to work with an experienced lawyer.
- Wrongful death – The loss of a loved one can be traumatic, especially if it’s due to someone else’s negligence. We can help you hold the at-fault party accountable for wrongful death.
Let a Warner Robbins Personal Injury Lawyer Work for You
The personal injury lawyers at The Herro Law Firm have extensive experience helping clients like you get full and fair settlements. We also limit the number of cases we take on to ensure that our clients are always a priority. And since we charge no upfront fees, there’s no need to take on your case alone.
Call us today at (404) 433-6876 for a free, no-obligation consultation with a Warner Robbins personal injury lawyer.