What Is Considered A “Personal Injury?”
Personal injury is a type of tort or civil wrong that imposes legal liability on the party who caused the loss or harm. It specifically refers to loss or harm to an individual’s body or emotions as a result of another party’s acts or omissions. A personal injury attorney in Atlanta can help you determine if you have a personal injury case.
What Should You Do If You’ve Suffered A Personal Injury?
Before you file a lawsuit, seek professional treatment for any injuries you have suffered. In addition to this, there are several things that should be done when you have suffered a personal injury. First, document your injuries and losses. It is extremely important to document any injuries you have suffered, as well as any damage to your personal property. Make sure to get copies of accident reports the police may make, take pictures, keep receipts and invoices from any medical expenses, keep notes of new symptoms, and keep track of any time off work because of the injury. Next, if there were any witnesses to the incident, get information from them (if possible). Take down their phone numbers, addresses, and a statement about the incident. The next thing you should do is open a claim with the insurance company of the person or entity who caused your injury. Some important things to NOT do after you are injured include not giving any statements to anyone other than the police, not discussing the accident/incident with anyone or posting about it on social media, and not signing any releases of liability or potential claims before speaking with a lawyer. Successfully taking these initial steps can protect the integrity of your injury claim and help ensure you recover maximum compensation.
How do I know if I have grounds for a personal injury lawsuit?
Not all injuries are eligible for compensation. Generally speaking, for there to be a cause of action for negligence, requires the following: (1) a legal duty; (2) a breach of the duty; (3) a causal relationship between the conduct and the injury; and (4) damages. Georgia case law states if there is no legal duty, there can be no breach, and consequently no negligence.
How long do I have to file personal injury case?
The statute of limitations for filing personal injury or wrongful death suits in Georgia is generally two years from the time of the accident. This may seem like a long time to take legal action, but following an injury, victims and their loved ones often have other urgent matters to attend to—and this window to file could quickly pass. There are also circumstances where the statute of limitations period is tolled (extended). That is why it is critical that you speak to an attorney as soon as you suspect that your injury could have been caused by someone else. Our team at Goldstein Hayes & Lina, LLC can help you determine your legal options.
I want to file. What should I do next?
If you are interested in pursuing a personal injury claim, then your next step should be to contact our team at Goldstein Hayes & Lina, LLC. Our personal injury law firm and attorneys have recovered more than $400 Million dollars for our clients and continually strive to bring the highest level of legal representation to each and every case that comes through our doors.
Won't insurance cover me?
In some cases, yes, insurance companies may cover the cost of your injuries. However, for every settlement that these companies pay out, they must subtract from their bottom line. Because of this, many will try to impose small settlements, minimize your injuries, or even blame the victim for the injuries they sustained. At Goldstein Hayes & Lina, LLC, you can leave it to us to handle the insurance companies for you. We are well-versed in the tactics they will use to avoid paying what is owed to an injury victim and will fight to make sure a proper sum is arrived at—even if it requires litigation.
Do I need a lawyer to pursue compensation?
Technically, no—you do not. However, it is strongly recommended that you seek legal counsel to pursue compensation for your injury. Not only can a competent Atlanta personal injury lawyer provide you with key insight and guidance to successfully navigate your case, they will know what pitfalls and minefields to be cognizant of and to avoid. Pursuing compensation without legal experience or expertise could invalidate your suit and make the recovery of proceeds impossible.
What type of compensation can I include in my case personal injury case?
In Georgia, personal injury suits may claim damages, such as:
• Medical bills
• Lost wages
• Loss of the ability to labor and earn money
• Physical pain and suffering
• Mental suffering and anxiety
• Rehabilitation costs
• Funeral costs (in the case of a wrongful death)
• Attorney’s fees (if appropriate)
• Punitive damages (if applicable)
How much is my personal injury claim worth?
All personal injury cases are different, and it is difficult to value an individual claim without fully investigating the liability issues, causation issues and damages.
What questions should I ask before I hire my personal injury lawyer?
Often times, people do not know what to ask a lawyer or may be intimidated at asking an attorney questions. Do not be. Following are several questions you should keep in mind when interviewing a personal injury lawyer:
• What types of cases does your law firm handle?
• Have you ever handled a personal injury case like mine before?
• Does your law firm actually go to court and try cases before a jury?
• How often should I expect to hear from you about my case?
• What is your fee?
• What costs will I be responsible for?
• Who is responsible for my medical expenses?
• What is expected of me?
• What happens if we lose the case?
• Will you provide me with a list of client references?
What Happens If I share Fault for the Accident?
In Georgia, all parties are held responsible for damages proportionate to their percentage of fault. If a plaintiff is found by a jury to be 50% or more at fault for his or her injuries, he or she cannot recover any compensation from the defendant. If the defendant is greater than 50% at fault, then the plaintiff can recover damages, but the recovery will be reduced by a plaintiff’s degree of fault.
What If I Have A Pre-Existing Condition?
Even if you had a pre-existing condition and the accident exacerbated the injury or illness, you may still be entitled to damages to account for the at-fault person’s negligence. It is irrelevant that someone without your condition may or may not have been injured to the same degree. However, these cases do tend to be slightly more complex and will require the services of an injury attorney from the start. Filing a lawsuit is often a difficult process that is only further complicated by attempting to deal with injuries. If you have been injured by another person, contact the personal injury attorneys at Goldstein Hayes & Lina, LLC.
“If you are looking for the most efficient, professional and ethical law firm in Georgia you do not need to look any further than Goldstein Hayes & Lina, P.C. There are not enough kind and positive words that can use to express the gratitude and respect”- Eileen G.
“Atty. Jonathan Hayes worked very hard for me and getting my case settle in a timely matter. I will recommend Goldstein Hayes & Lina P.C. to anyone looking for the best personal injury attorneys in Atlanta. They have exceeded my expectations.”- Shunte
“Goldstein Hayes & Lina made my unfortunate experience positive by representing me with little to no work on my end. It allowed me to heal from my injuries without worries. Mr. Hayes and paralegals were extremely attentive, personable, and there for me ”- Lauren J.
Truck Driver DUI: Wrongful Death $150 Million
Brain & Spinal Cord Injuries Requiring Extensive Treatment $30 Million
Medical Negligence: Medical Malpractice $20 Million
Medical Negligence: Traumatic Brain Injury $9 Million
Medical Malpractice: Traumatic Brain Injury $7.5 Million
Wrongful Death: Construction $7 Million
Catastrophic Brain Injury: Medical Negligence $6 Million
Medical Negligence: Wrongful Death Case $5.25 Million
Premises Liability: Wrongful Death Case $4.5 Million
Swimming Pool Accident / Drowning: Wrongful Death $4.5 Million