If you've suffered serious injuries or lost a loved one, an Atlanta injury lawyer can help answer your questions on how to win your personal injury claim in a Georgia personal injury court!
At S. Burke Law we are here to help give answers to these important questions. Our Frequently Asked Question database covers the common questions you may have regarding what to do after a serious accident, how to file a claim in personal injury court, and tips on how to win your personal injury claim. When researching information on the legal process following a serious accident you want legitimate advice from a source you can trust.
When you’ve suffered serious losses and damages from an accident due to the negligence of another you aren’t alone. An Atlanta injury lawyer from our office is always available to answer additional questions not addressed on our page. Contact us for a FREE consultation and get the answers you need to seek compensation for your losses!
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Is There a Statute of Limitations on Personal Injury Cases?
Statute of limitations ranges from one to six years depending on the state. In Georgia, the statute of limitations on personal injury cases is generally two years, but there are several exceptions to this rule.
It is a good idea to seek damages as soon as possible after an injury. Aside from the statute of limitations, there are several reasons to do so:
- It often makes for a stronger case. For instance, eyewitness accounts can fade over time, and a witness's recollection of events might be hazy after two years.
- Personal injury cases can take some time; the sooner you pursue damages, the sooner you can get paid.
What is the statute of limitations?
The statute of limitations is the amount of time you have from the date of your injury to file a lawsuit. In other words, if you got injured in Georgia on June 1, 2017, then, in most cases, you have until June 1, 2019, to file a lawsuit against the responsible party or parties.
If you wait until the statute of limitations has passed, your lawsuit has a near certain chance of being dismissed on those grounds, though you may be granted an exemption in certain unique situations.
How long do I have to file a personal injury lawsuit in Georgia?
The standard statute of limitations on personal injury cases in Georgia is two years. For property damage, you have four years, and for cases involving reputational damage, you have only one year. In one specific type of personal injury case – that in which loss of consortium is a factor – the statute of limitations in Georgia extends to four years.
What are the exceptions to the statute of limitations on personal injury cases in Georgia?
In certain personal injury cases in Georgia, the statute of limitations does not apply, or it can be extended. Here are the most common cases:
The Discovery Rule
The discovery rule comes into play when the injured party discovers new information that sheds new light on the case. It is most commonly invoked when the injured party did not previously know about:
- The injury
- The fact that the responsible party was to blame for the injury
A common example involves exposure to toxic substances such as asbestos. Decades ago, people had no idea of the causal link between asbestos and lung cancer. So it would be unreasonable to expect someone to file a lawsuit within two years of the date of diagnosis when they had no way of knowing the actual cause of their condition.
In discovery rule cases, the statute of limitations still applies, but the clock begins running on the day the injured party learns of the relevant information.
The Responsible Party Leaves the State
Another situation that triggers an extension of the statute of limitations is when the responsible party leaves the state. If this happens, the statute of limitation is effectively paused during the time the responsible party is out of state.
For instance, if your injury occurred on June 1, 2017, and the responsible party immediately fled the state the same day, not to return until June 1, 2018, then the statute of limitations would be effectively paused for that one year. Rather than having to file a lawsuit by June 1, 2019, you would have until the same date in 2020.
The Case Involves a Minor or a Disabled Person
If the injured party is under the age of 18 or is intellectually disabled, mentally ill, or insane, the state will typically still hear their lawsuit even if it is filed after the two-year statute of limitations. This situation can be subjective, which is why it is important to get a skilled personal injury lawyer involved in the process as early as possible.
Call 404-842-7838 to Speak With a Personal Injury Lawyer
The statute of limitations is just one of many facets of personal injury law that can affect the outcome of your case. At S. Burke Law, our team fights for the rights of our injured clients with compassion and conviction.
Call our office today for a free consultation. You can meet your attorney, get all your questions answered, and receive free legal advice on how to proceed. We look forward to putting our knowledge and resources to work for you. Call now for an appointment: 404-842-7838.
Are Personal Injury Settlements Taxable?
Most proceeds from a personal injury taxable are not taxable. But, like most IRS issues, the situation is never cut and dry. Situations exist in which some or all of your personal injury settlement could be subject to tax.
Speak with an accountant for help with questions about taxes. You can also discuss settlement options with a lawyer at S. Burke Law.
When Are the Proceeds from a Personal Injury Settlement Taxable?
The tax treatment of personal injury settlement proceeds depends in large part on what you received the settlement for. In other words, was it for physical injuries or physical sickness, emotional distress or mental anguish, or punitive damages?
Physical Injuries or Physical Sickness
Personal injury settlement proceeds for physical injuries or physical sickness are non-taxable. This includes physical injuries from auto accidents, slips and falls, truck accidents, construction accidents, premises liability, and so forth. It also includes physical sickness from events such as toxic chemical exposure or medical malpractice, or harmful prescription drugs.
These proceeds are usually safe from taxes because the settlement is simply repaying what you had to pay out of pocket for your medical care. The one exception is if you have taken itemized deductions on past tax returns for medical expenses related to your injury or illness.
For instance, your injury occurred in 2015, and throughout 2016 you received medical care to treat it. At year-end 2016, you still had not reached a settlement. To save on that year's taxes, you took deductions for your medical bills. If the subsequent settlement includes compensation to cover those medical expenses, you are liable to make up the difference in taxes you did not pay the previous year.
You would do this by reporting the tax benefit you received in 2016 as “Other Income” during the year in which you receive your settlement. At S. Burke Law, we work with accounting professionals to make sure our clients file correctly and receive the most favorable tax treatment for their settlements.
Emotional Distress or Mental Anguish
If you receive a settlement for emotional distress or mental anguish, its tax treatment depends on whether your condition originated from a physical injury or sickness. If it did, then this part of your settlement is also non-taxable.
If your proceeds for emotional distress or mental anguish are unrelated to any physical condition, then you will probably have to pay taxes on it. However, you can deduct the cost of any medical expenses you incurred for your emotional distress or mental anguish as long as you have not previously deducted those expenses.
Once again, you would report the total amount of your settlement paid for emotional distress or mental anguish, minus your deductions for related medical expenses, as “Other Income” on your tax return for the year in which you receive the settlement.
If you received compensation for wages you lost after having to take time off work, you must pay taxes on that compensation. The IRS treats this compensation the same as it would treat typical wages, which means they are taxable in every circumstance.
In cases which the defendant displayed a wanton disregard for your safety or performed an intentional act such as assault or battery, you might receive punitive damages as part of your personal injury settlement.
Punitive damages, regardless whether received for physical or emotional damages, are always taxable. You must report them as “Other Income” on your tax return for the settlement year.
Sometimes, your settlement will accrue interest between the time the insurer or court issues it and the time you receive it. If so, you must declare the interest portion as income and pay taxes on it, even if your settlement was entirely for a physical injury or sickness.
Paying Taxes on Settlements
Generally, you pay taxes on settlements the year in which you receive them by declaring the taxable portion as “Other Income” on your tax return. However, if you estimate that your tax liability from the settlement will exceed $1,000, the IRS asks you to make estimated tax payments.
Call S. Burke Law at 404-647-4111 to Speak with an Atlanta Personal Injury Lawyer
Please direct any questions about taxes to an accountant. If you need legal help with your personal injury case, call us.
Personal injury cases can be complex, and taxes can throw an added wrinkle into the confusion. At my firm, we take the outcomes of our clients' cases personally, and we pride ourselves on providing skilled representation along with unmatched customer service.
Ready to get started? I look forward to meeting you, answering all your questions, and fighting for your rights. Call S. Burke Law today for a free consultation: 404-842-7838.
Can You Sue Someone for Assault?
Yes. You can sue someone for assault.
Who Can I Sue for Assault?
Anyone who perpetrated or contributed to your assault might be liable. This can include:
- The actual perpetrator
- The business owner (such as a bar or restaurant) if the assault resulted from negligent security or negligent hiring)
It is important to note that assault and battery are two different things. Assault is the threat of physical harm while battery is actual physical contact against someone’s will. You can sue the above parties for both.
What Do I Need to Do to Sue Someone for Assault or Battery?
To hold another person liable for threatening you or intentionally causing you injury, that person must have owed you a legal duty. When it comes to the actual perpetrator, this is not difficult to figure out. The rules of our society prohibit us from threatening or physically harming another person except where it might be necessary to do so, such as in self-defense.
In other cases, establishing a “duty” is not so clear. Sometimes third parties, such as business owners, may owe a duty to prevent others from threatening or harming you. For example, if a business owner does not hire security for his bar, he can be liable if a fight breaks out and patrons suffer injuries.
One of the aspects of a successful assault lawsuit is a thorough review of all potential parties who may have contributed to an assault. My team and I will look into your assault and determine any parties that might have played a part in your assault.
We must also prove the breach of duty was the proximate cause of your damages. Proximate cause essentially means that but for someone’s acts or omissions, you would not have suffered injury. For example, if the bar owner had hired security, the perpetrator would likely not have been able to beat you up.
Once we have established a liable party(s) and proved causation, we must establish you suffered damages. Damages include both out-of-pocket expenses and intangible injuries such as pain and suffering that lawyers work with victims to calculate to arrive at an amount that fully and fairly compensates them. How much you can recover depends on what the assault cost you.
The Burden of Proof in an Assault Case
The burden of proving that an assault was foreseeable or that the business could have intervened is on the victim. There are certain regulatory agencies such as the Occupational Safety and Health Administration (OSHA) that may provide specific rules concerning a business’s standard of care. In the absence of published rules, regulations, or guidelines, however, it will be the victim’s responsibility to establish what the business could and should have done differently.
Establishing a standard of care and the fact that a business’s conduct was substandard sometimes requires testimony from an expert witness. An expert witness can help provide evidence that reasonable safety measures could have prevented the conduct that caused the injuries or otherwise minimized the risk of injuries to the victim.
Causation of damages is another area where expert testimony might help a victim’s case. If a business owner claims that injury would have resulted even if it had done what the victim claims it could have done, the business owner may not be responsible for the injuries. However, if an expert witness is able to dispute that claim, you may still be eligible to recover compensation.
How to Sue for Assault
The first step in a lawsuit for assault is to determine who is responsible. The direct perpetrator may or may not have faced criminal prosecution for the same incident. Regardless of whether a criminal court found the perpetrator guilty, you may still pursue a civil lawsuit.
In addition to the perpetrator, there may be other parties responsible. Business owners may be liable for your injuries if the assault and battery was foreseeable and if the business owner could have made reasonable efforts to prevent what happened to you.
Even if the assault was not preventable, businesses must take certain steps to intervene during commission of a crime to mitigate harm if possible. Insurance companies for these businesses put up a big fight when it comes to the responsibilities of these business owners. A skilled attorney can help you hold business owners responsible if they could have reasonably prevented an assault or otherwise minimized harm.
At S. Burke Law, our team knows how insurance companies work. In fact, I used to work for an insurance company before dedicating my practice to pursuing the rights of victims.
What Kinds of Assault Can I Sue For?
Some of the common types of assault and/or battery are sexual assault, simple assault, simply battery, or aggravated battery.
In cases of proving a third-party business owner, the following are some examples of businesses that might be responsible for your injuries for failing to provide reasonable security measures or remove potentially dangerous people:
- Hospitals or long-term care facilities (whether an employee or another patient committed the assault)
- Municipalities that operate public transportation (whether on a bus or train or at a terminal)
- Landlords or condominium owners
- Restaurant or bar owner (for acts of unruly patrons who should have been removed, unlawful force used by a bouncer, or negligent security)
- Shopping or retail center
- Hotel/motel operators
- Colleges or universities
- Employers (negligent hiring, supervision or retention that leads to co-worker violence)
Depending on the circumstances, business owners may owe their guests a duty to protect guests both from those who lawfully enter the premises as well as from those who unlawfully enter.
Make sure you understand who may be responsible for your injuries by discussing your case with a qualified attorney.
Get Justice for Your Assault. Call S. Burke Law Today.
As you can see, proving responsibility in assault and battery cases requires significant experience and knowledge of criminal and civil law. To discuss your case with an Atlanta assault attorney, call S. Burke Law at 404-842-7838 today. Your consultation will cost nothing and provides valuable information to you as you move forward.
How Much Can I Sue for After an Assault and Battery?
How much you can sue for after an assault and battery depends on the circumstances of your case — the severity of the attack and how your injuries have affected (and continue to affect) you.
What Factors Might Affect the Compensation I Can Receive?
You can calculate the amount of money you can recover from another party (or parties, if there was more than one perpetrator) by using a variety of factors. These factors could include (but are not necessarily limited to):
- Age of the victim at the time of the assault and battery
- Nature of injuries
- Length of time needed to recover from injuries, the permanency of the injuries
- Extent of medical care required to reach maximum improvement
- Lifestyle of the victim before and after the injuries
- Average income and future earning potential of the victim
- Impact on other immediate family members
- The circumstances leading up to the assault and battery
- Quality of evidence available to prove wrongdoing
- Collateral sources of compensation
- The amount of insurance coverage available and/or collectability of the perpetrator
- Whether punitive damages are available
Who you can hold liable may also affect how much you can sue for after an assault and battery. If you sue only the individual who attacked you, you are likely to receive a small settlement. However, if there was another party indirectly responsible for the attack, such as a bar for failing to provide security or replace a burnt-out streetlight, you might be able to recover a higher settlement.
My team and I will look into your assault and battery and determine what parties we can hold liable.
What Compensation Might I Be Entitled To?
Assault and battery experiences can cause long-lasting scars, both physical and mental. I have helped clients recover compensation for a variety of damages that another person caused. These include:
- Lost wages
- Minimized earning ability
- Loss of employment-related benefits
- Hospital, doctor, and dental bills
- Emergency transportation bills
- Over-the-counter and prescription medication
- Costs incurred to replace household labor that you can no longer do yourself
- Child care expenses necessitated by the injuries
- Emotional distress
- Pain and suffering
- Damages to spouse for loss of consortium
- Punitive damages
Assault and battery can lead to serious physical injuries and emotional trauma. Permanent disfigurement or disability can change a victim’s life forever. These incidents can also force victims to deal with intrusive thoughts about what happened and whether they could have avoided it. Fearful thoughts of future well-being can become a new way of life. This can all lead to a decreased enjoyment of life.
When you meet with me and my team, we will go over your entire case to determine a fair compensation award for both your economic and noneconomic damages.
What Do I Need to Prove to Recover Compensation?
To recover compensation for assault and battery, you must prove that another party assaulted or physically attacked you or was responsible for the attack.
Assault requires proof that another person intentionally caused you fear of immediate harm. For example, if someone threatens to punch you while raising his fist, he has committed assault. Threats and threatening behavior may be difficult to prove if there were no witnesses and the threats or threatening behavior were not typed, written, or recorded. However, we will look into your case to determine if there is any other way to prove assault took place.
Battery requires proof of a physical contact without your consent. For example, if someone punches you at a bar, you have been the victim of battery.
Because these are serious allegations, we must provide strong evidence the assault or battery took place. For example, surveillance video or testimony from a bouncer will be helpful in proving the assault or battery occurred.
What Can I Expect From an Assault and Battery Claim?
While you are already struggling with a difficult situation, to add insult to injury, you may also be dealing with an aggressive insurance company that will try to limit your compensation by putting the blame for what happened on you as well as by minimizing your injuries. It is important to have an attorney build up your case to be sure that you do not leave any holes the defense can attack.
Not having the right type of proof or saying the wrong thing can limit your compensation. It is very important, therefore, to review the details of your case with an attorney who has experience as an attorney and as an insurance adjuster. I am that attorney.
Call S. Burke Law to Discuss Your Case Today
Having a knowledgeable lawyer on your side after an assault and battery is critical. I would like to discuss your case with you to provide further information. Call me at 404-842-7838 today so that I can walk you through the steps of pursuing compensation. I will help you understand your options and provide you with an idea of what your case is worth.
What are some of the ways that a personal injury attorney like Sheryl Burke can make things easier for me while my claim is in progress?
An Atlanta personal injury lawyer like Sheryl Burke can make things easier for you during the claim process in a number of different ways.
Collecting Necessary Documents
When building a personal injury case, there are a number of documents that must be collected to present to the insurance adjuster. These include all the records related to the accident, such as the police report, accident photographs, video recordings and witness statements. Medical records also are crucial to your case. You will need medical reports written at the scene of the accident and hospital, follow-up doctor visits, and medical referrals.
If you are or were out of work because of your injuries, you will need to establish the amount of lost earnings. This may be done by requesting W2 forms over the past 5 years from your employers and gathering tax returns.
Contacting these individual facilities and ensuring the documents are received are just part of what Sheryl Burke can do for you.
Handling Medical Bills
When your case is in progress, who is supposed to pay for your ongoing medical treatment or past medical bills? Should your car or health insurance company be billed? Should your insurance pay for any of this at all? You also need to keep track of your medical treatment costs to ensure they don’t exceed the insurance company’s limits. Sheryl Burke can provide advice and assistance.
Researching Similar Cases
An important feature of a personal injury case is to understand what type of compensation has been awarded to previous claimants in the past. An Atlanta personal injury lawyer can research this information and possibly use it to build you an even stronger case.
Contacting an Atlanta Personal Injury Lawyer
An Atlanta personal injury lawyer like Sheryl Burke can ease the burden of a personal injury claim. If you are the victim of someone else’s negligence or carelessness, whether in a traffic accident or some other type of accident, you have certain rights guaranteed by law. To help you understand these rights and seek the compensation you may be eligible for to help get your life back in order, contact the Atlanta Law Offices of Sheryl L. Burke for a no-cost consultation on your injury case – 1-404-842-7838.
What should I ask a Georgia personal injury attorney before I hire him or her to handle my Atlanta car accident claim?
There are several questions that you should ask a Georgia personal injury attorney before you hire him or her to handle your Atlanta accident claim. The first and most important question you should ask is how much experience he or she has representing clients in Atlanta car accident cases. The more experience the Georgia personal injury attorney has, the more likely you are to reach a successful resolution.
Other Questions to Ask a Georgia Personal Injury Attorney
- What forms of documentation do you need from me?
- Are you a member of any legal organizations?
- Have you received any awards or honors?
- What is your track record of obtaining winning verdicts and settlements in Atlanta car accident claim cases?
- Do you take cases to trial, if necessary, or are all of your cases settled out of court?
- Will you be handling my Atlanta car accident claim, or will it be assigned to another attorney?
- What happens if I lose my case?
You should also ask the Georgia personal injury attorney about the types of fees they charge. While some attorneys charge a contingency fee, which means they only get paid if you do, others may charge a flat fee or an hourly rate. Understanding the types of fees that are required to take on your Atlanta car accident claim can help you avoid surprises down the road.
Many Georgia personal injury attorneys offer a free initial consultation, during which you can ask the questions above and learn about how the attorney can help you.
Contacting a Georgia Personal Injury Attorney
Asking a Georgia personal injury attorney questions before hiring him or her to handle your Atlanta car accident claim can help you select the right person for your case. If you are the victim of someone else's negligence or carelessness, whether in a traffic accident or some other type of accident, you have certain rights guaranteed by law. To help you understand these rights and seek the compensation you may be eligible for to help get your life back in order, contact the Atlanta Law Offices of Sheryl L. Burke for a no-cost consultation on your injury case - 404-467-0909.
Do insurance adjusters have a right to use what I post on Facebook against me in my Georgia car accident claim?
Insurance adjusters can use what you post on Facebook against you in your Georgia car accident claim. While it may seem like an ethically unsound practice, most social media content is public.
That makes it your responsibility to protect yourself against insurance adjusters who will do what it takes to discredit your Georgia car accident claim. A Georgia car injury lawyer can help.
Social media is an extremely popular way to stay connected. However, it could also be used against you potentially if you seek compensation through a Georgia car accident claim.
It may seem normal to post something on Facebook about your car accident and your injuries. However, even a seemingly innocent comment could somehow end up being twisted and distorted.
You especially don't want to give an opinion or state what you think happened in the accident. A comment about "talking to your mom on the phone" when the accident occurred could be detrimental. Even if the other person was completely at fault for your accident, that bit of information could be used in a way to show that you were distracted and may persuade the court to determine that you were partially at fault.
Insurance adjusters will use whatever means necessary to discredit your Georgia car accident claim. So it is probably not a good idea to use Facebook while you are in the midst of your case.
If you have any questions concerning your legal rights and how to protect your claim, you should speak with a Georgia car injury lawyer as soon as possible.
Contacting a Georgia Car Injury Lawyer
If you are the victim of someone else's negligence or carelessness, whether in a traffic accident or some other type of accident, you have certain rights guaranteed by law. To help you understand these rights and seek the compensation you may be eligible for to help get your life back in order, contact the Atlanta Law Offices of Sheryl L. Burke for a no-cost consultation on your injury case - 1-404-842-7838.
How can I help my Georgia personal injury case succeed?
There are a few key ways you can help your Georgia personal injury claim. The first step is to hire an Atlanta personal injury lawyer. When you have cause to file a Georgia personal injury claim, an Atlanta personal injury lawyer serves as your resource as well as your advocate.
Throughout your entire Georgia personal injury claim, your Atlanta personal injury lawyer will work with you to gather evidence that is necessary to build a thorough and compelling claim. This may include interviewing witnesses, securing expert testimony and/or having an expert rebuild the scene of an accident. These types of steps lend authority to your claim and help illustrate your side of the case.
An Atlanta personal injury lawyer will work with you to fight for a settlement that takes into consideration all of the damages associated with your accident and how it will impact you in the long run. When necessary-for instance, when an insurer refuses to offer a fair settlement-your attorney can escalate your claim to the lawsuit stage.
Listed below are additional ways in which you can help your Georgia personal injury claim:
- Be honest with your Atlanta personal injury lawyer: It's best to be completely candid when dealing with questions about the status of your injuries. Your Atlanta personal injury lawyer will field questions from insurance companies that may very well try to discredit your claim.
- Be honest with your doctors: Make sure your doctors are aware of your Georgia personal injury claim, and that they know your entire health history. If you hide information from your doctor, insurance companies fighting your claim will most likely discover this. You also must keep in mind that if your claim proceeds to trial, your doctors could be called to testify. When your doctor gives you a treatment plan, follow it strictly so the insurance companies, or courts, can see you are making every possible step to recovery.
When you are honest and cooperative with your Atlanta personal injury lawyer, you're equipping your attorney to fight your case that much more effectively.
Contacting an Atlanta Personal Injury Lawyer
If you are the victim of someone else's negligence or carelessness, whether in a traffic accident or some other accident, you have certain rights guaranteed by law. To help you understand these rights and seek the compensation you may be eligible for to help get your life back in order, contact the Atlanta Law Offices of Sheryl L. Burke for a no-cost consultation on your injury case.
When do I need to hire an Atlanta personal injury attorney?
You will not need the services of an Atlanta personal injury attorney for any and every type of accident, but there are some cases when hiring legal assistance is especially helpful.
The following are some examples of when you may want to work with an Atlanta personal injury attorney:
- If you have been seriously injured. This includes injuries that are serious, permanent, or life-altering. Minor injuries can usually be settled with an insurance company without a lawyer's intervention.
- If there are multiple parties involved in the accident. Determining accident liability in this situation can be confusing, and an Atlanta personal injury attorney can help you determine who is liable for your accident and resulting damage.
- If you have lost a loved one.
In cases of serious injury and death, having legal representation on your side is important as insurance companies have teams of insurance adjusters and legal counsel on their side all fighting to keep the company's bottom line in tact, to not pay you what you actually deserve for your injuries or the loss you have sustained.
Which attorney is best for me?
If you want to file a Georgia personal injury claim, you will want to work with an Atlanta personal injury attorney who has handled cases similar to yours and understands the intricacies involved in both negotiating a fair settlement and taking your case to trial if necessary.
If you interview an Atlanta personal injury attorney who has never successfully handled a car accident case from start to finish, you may want to speak with another attorney.
If you are considering a specific Atlanta personal injury attorney for your Georgia personal injury claim, here are a few things you'll want to learn before you retain their services:
- the actual attorney from the firm who will be handling your case (in many cases the lawyer who you interview will not be handling your case, which means a more inexperienced lawyer may be assigned);
- how many cases they have handled and won that are similar to yours; and
- the attorney's fees and any other legal fees (such as hiring experts to testify) that you may incur.
Many Atlanta personal injury attorneys take cases on a contingent fee basis. Fees collected typically average up to 40% of your personal injury award amount. Even with the fees, those who work with an experienced personal injury lawyer often recover more compensation than those who handle their claims on their own.
Contacting an Atlanta Personal Injury Lawyer
If you are the victim of someone else's negligence or carelessness, you have certain rights guaranteed by law. To help you understand these rights and seek the compensation you may be eligible for to help get your life back in order, contact the Atlanta Law Offices of Sheryl L. Burke for a no-cost consultation on your injury case.
What if I wasn't injured in a car accident in Georgia but I sustained damage to my car or other personal property?
If you were in a car accident in Georgia and didn't sustain any injuries, only damage to your car or other personal property, then you can't file a Georgia personal injury claim. This is because personal injury claims can only be filed when a serious injury has occurred, not just property damage.
After your car accident in Georgia, you likely will not require the assistance of an attorney to recover compensation for your property damage. This is primarily because the cost of property damage is typically clear cut. While you may end up haggling with the insurance company over the value of your car or the costs to repair the damage after a car accident in Georgia, the dollar value usually is not significant enough to warrant legal representation.
However, if you were seriously injured in a car accident in Georgia and do plan on filing a Georgia personal injury claim, then your property damage will be a consideration in that claim. In that case, you may want an Atlanta personal injury attorney on your side. This is because unlike the cut and dry costs of fixing or replacing a vehicle, you'll be fighting for compensation for your current and future medical bills, lost wages, and other accident expenses.
The costs involved in a Georgia personal injury claim are high and how much the insurance company will pay you depends on complex factors like proving the cause of your injuries, what the injuries have cost you, and the insurance policy limits involved.
Be sure to keep good records and contact an Atlanta personal injury attorney as soon as possible after a car accident in Georgia if you are considering filing a Georgia personal injury claim. If you have questions about the timing and particulars of your specific case, an Atlanta personal injury attorney can help you throughout the process.
Contacting an Atlanta Personal Injury Attorney
If you are the victim of someone else's negligence or carelessness, whether in a traffic accident or some other type of accident, you have certain rights guaranteed by law. To help you understand these rights and seek the compensation you may be eligible for to help get your life back in order, contact the Atlanta Law Offices of Sheryl L. Burke for a no-cost consultation on your injury case - 404.467.0909.