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!

After an accident resulting in serious or fatal injuries you and your family may have questions about what to do next. Do I have to take my claim to personal injury court? Should I give a recorded statement to the insurance company? How much money is in a fair settlement? Who can give qualified advice on how to win your personal injury claim? For answers to these questions and more, an Atlanta injury lawyer can help.

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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  • Can my spouse receive compensation from Georgia Worker's Comp for providing home assistance care?

    Under Georgia law, your spouse can receive compensation for providing you with home assistance care, although many insurance companies will try to find a way out of it.  A Georgia Worker's Comp attorney can advise you on how to go about making a request for spousal reimbursement.

    According the Georgia Court of Appeals, the Worker's Compensation Act does not prohibit spouses or other family members from providing attendant home assistance or from recovering compensation for that care.

    One of the things you'll need in order for your spouse to receive compensation is a letter from your physician noting the necessity of attendant care.

    This home care that your Atlanta Workers' Compensation lawyer can help you track for your claim might include: 
     

    • bathing and grooming;
    • meal preparation;
    • driving; and
    • cleaning. 

    It's important to note, however, that even though your spouse may be legally eligible to receive compensation for the aide they provide you with, that doesn't necessarily mean that your employer or insurance company will just willingly offer this payment.

    Also, you should be aware that the amount that your spouse will receive is generally capped by the State Board's fee schedule which designates hourly rates for non-medical attendants. Your Georgia Workers' Comp attorney can explain in detail how this payment system is set up.

    It's likely that you'll have to speak to an Atlanta Workers' Compensation lawyer about how to follow the State Board's rules and regulations and how to request the reimbursement for care that your spouse is entitled to.

    Contacting a Georgia Worker's Comp Attorney

    If you are the victim of someone else's negligence or carelessness, such as in a workplace accident in Atlanta, 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 is the statute of limitations on medical malpractice claims in Georgia?

    In most cases, the Georgia statute of limitations on medical malpractice claims is set at two years, but the laws involving medical malpractice claims in Georgia are somewhat complicated.

    Fortunately, Georgia has laws that were put into place to protect:
     

    • misdiagnosed patients;
    • undiagnosed patients;
    • those patients who weren't given acceptable medical care; and
    • patients that were denied care for an unreasonable amount of time. 

    Generally, you'll have two years from the time of the act that gave rise to your injuries to file a medical malpractice claim. However, Georgia also takes delayed discovery into account, which means if your injuries aren't noticed right away, the Georgia statute of limitations will be extended.

    In cases where a foreign object was left in your body, you'll have one year from date of discovery to file a claim, or within a reasonable expectation of finding the problem.

    Regardless of the specifics, though, no one can pursue medical malpractice claims in Georgia more than five years after the date the incident that gave rise to the injuries occurred.

    These statutes apply to minors, as well, except that the statute doesn't run before a child's seventh birthday. 

    Medical malpractice is a complicated area of the law, and victims should not try to battle insurance firms on their own. It's important to hire an attorney skilled in medical malpractice claims in order to have the best chances of receiving compensation for your damages.

    Contacting an Georgia Medical Malpractice Lawyer

    If you are the victim of someone else's negligence or carelessness, such as in a medical malpractice case in Georgia, 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 is the Georgia Move Over law?

    The Georgia Move Over law requires drivers to move over for emergency vehicles and police cars on the highway. It's meant to protect workers such as police officers, paramedics, firefighters and highway maintenance workers, and may prevent a car accident in Atlanta.

    A large number of these workers were being killed or seriously injured while on highways performing traffic stops, responding to car accidents and doing highway construction work.

    The law requires drivers to try to merge one lane if a police car or other emergency vehicle with flashing lights is parked on the side of the road.
    If that's not possible due to heavy traffic, the law stipulates that drivers are to slow down below the speed limit and be prepared to stop.

    Sometimes, however, people can be unfairly charged with violating the Georgia Move Over law. If you find yourself in this situation, or if you've been involved in a car accident in Atlanta, you'll want to speak with an Atlanta accidents lawyer to discuss your legal rights.

    Sadly, traffic accidents cause more fatalities amongst police officers than any other accident that causes death. Many officers get hit by other vehicles traveling the road while they worked outside of their patrol cars.

    Violating the Georgia Move Over law can result in a fine of up to $500. More important, violating this law puts the lives of public service workers in danger, as well as the lives of others on the road.

    If you've been involved in a car accident in Atlanta that involved the Georgia Move Over law, an Atlanta accidents lawyer can talk to you about your accident and how you should proceed with your case.

    Contacting an Atlanta Accidents Lawyer

    If you are the victim of someone else's negligence or carelessness, such as in the case of a car accident in Atlanta, 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 is my Decatur motorcycle accident different from a car crash in Georgia?

    A Decatur motorcycle accident is different from a car crash in Georgia in a few ways. Getting help from an Atlanta car accident law firm that has experience with motorcycle accidents is important if you have been injured in one.

    The biggest difference is that injuries are more likely to be severe or fatal in a motorcycle accident.
    While there is some form of protection in a car, there is little or none at all while riding on a bike.

    Even motorcyclists who wear protective gear such as a helmet or heavy jacket are at risk of suffering catastrophic injuries if they are thrown from their bike or skid across the pavement.

    Another difference is that while most car accidents occur with other vehicles, motorcycles don't usually collide with other bikes.
    Instead, they are usually struck by cars whose drivers don't see them. Visibility on a bike can be diminished for a number of reasons, including other vehicles or objects obstructing the view.

    Motorcycles may not also get the same respect on the road as passenger cars do.
    Some accidents are caused by a failure to yield to a motorcycle or trying to pass one. Left-hand turns in front of a motorcycle are a common type of car crash in Georgia.

    Another difference is that there may be state laws that apply specifically to motorcyclists.
    Licensing and insurance requirements may be different, and there are also laws concerning the wearing of helmets.

    When you have been injured in a Decatur motorcycle accident, and you would like to know how best to protect your legal rights, then you should seek help from an Atlanta car accident law firm that has experience in motorcycle accident cases.

    Contacting an Atlanta Car Accident Law Firm

    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 do if I am injured or involved in a motorcycle accident in Atlanta,Georgia?

    After you've been in a motorcycle accident in Atlanta, Georgia, you may be injured or traumatized. After that, however, there are certain actions you can take to protect your rights as an accident victim and to strengthen the force your claim will have after you've handed it over to an Atlanta car injury law firm.

    Your first priority should be to seek medical attention
    . Nothing is more important than your physical safety and well-being after an accident.

    What to do immediately after you were injured in a motorcycle accident:
     

    • Don't admit fault to anyone. Don't even imply that you may have been at fault. This includes apologizing for the incident.
    • Stay at the accident scene until you've been told by the police that you can leave. Just like any other accident, you need to gather and give information before you can go.
    • Collect information from the other driver. Get the name, contact information, insurance company and policy number, driver's license number, and license tag number of the other driver. Get the contract information of any witnesses, as well.
    • Keep records. Take photos of the accident scene, your motorcycle, the other vehicle involved, and your injuries, and keep records of any expenses that you incur that are related to the accident.
    • Speak with an attorney from an Atlanta car injury law firm. An attorney can protect your rights and counsel you on how to proceed when you speak with your insurance company and the other driver's insurer as well. 

    A motorcycle accident in Atlanta, Georgia, can have serious ramifications and result in severe injuries. If your accident wasn't your fault, you shouldn't have to bear the financial responsibility of your recovery or your bike's repairs. An attorney can help you.

    Contacting an Atlanta Car Injury Law Firm

    If you are the victim of another driver's negligence and you are injured in a motorcycle accident in Atlanta, Georgia, 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.

  • What happens if I was injured in an Atlanta accident caused by an uninsured driver in Georgia?

    If you are involved in an Atlanta accident with an uninsured driver, there are ways to protect your rights with the assistance of a Georgia car injury lawyer.

    If you have uninsured motorist coverage, then your insurance company will cover the damage caused by driver without insurance up to the limits of your policy, which is usually the same as or comparable to that of your personal liability coverage.

    If you are in an accident with a driver who does have insurance, but lacks the amount of insurance necessary to cover the extent of your claim's damages, underinsured motorist coverage will cover the difference up to the limits of your policy.

    You should check your current insurance policy to see if you already have uninsured/underinsured motorist (UM/UIM) coverage.
    You can always add this extra protection to your insurance policy.

    If you do not have UM/UIM coverage, your insurance provider may require a letter in which the other driver confirms that he or she has no coverage, so be sure that you get all of the contact information from the other driver, including the license plate tag of the car and his or her driver's license number. 

    Uninsured or underinsured coverage claims after an Atlanta accident can put you and your insurance company on opposing sides, and they may try to decrease the amount of money they pay you if you are found at fault in some way, even minimally. You should speak with a Georgia car injury lawyer before accepting any settlements or giving a statement to an adjuster.

    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 Atlanta accident claim - 404-842-7838.

  • What if a third party was also liable for my injuries in a workplace accident in Atlanta?

    If you experienced a workplace accident in Atlanta, you cannot sue your employers for your injuries; however, if a third party is involved, you may pursue a third-party liability lawsuit with the aid of a Georgia Workers' Comp Lawyer.

    When you accept Workers' Compensation, you forfeit your right to file an injury claim against your employer.
    The Workers' Comp insurance program was designed to help cover medical treatments and lost wages if you've been injured on the job.

    Oftentimes, however, Workers' Comp isn't quite enough to pay for all your medical expenses and loss of wages. You can seek recompense through a personal injury claim against a third party, if applicable to your situation.

    How Third Parties Can Contribute to a Workplace Accident in Atlanta

    Potential third parties include: 

    • product manufacturers of defective products;
    • contractors at a construction site;
    • property owners; and
    • non-employees who acted negligently and contributed to your accident. 

    After suffering an injury at work, especially if it's a serious or long-term injury, it might be difficult to make ends meet and pay for all your medical bills and living expenses, even with Workers' Comp payments. This is an excellent time to see if there is any legal course you could take to pursue a third party liability settlement, if it applies to your case.

    Enlisting the aid of a Georgia Workers' Comp lawyer is a good idea if you're unsure if there is a third party that can be held liable for your accident. A lawyer who specializes in Worker's Compensation can investigate and evaluate your case, and advise you on how to proceed.

    Contacting an Georgia Workers' Comp Lawyer

    If you are the victim of someone else's negligence or carelessness, such as in a workplace accident in Atlanta, 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 - 404-842-7838.

  • 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.

  • What are my rights as an employee in Georgia, as they relate to Georgia Workers' Compensation?

    As an employee in Georgia there are many rights that you are entitled to under state law. If you are involved in a workplace accident in Atlanta, contact a lawyer to file a Georgia Workers' compensation claim.

    Compensation Bill of Rights for the Injured Worker

    Georgia follows a Workers' Compensation Law that provides you with the following rights after a workplace accident in Atlanta: 

    1. When injured in the workplace you will receive medical benefits, compensation for lost wages and rehabilitation benefits until you can return to work.
    2. Your employer must make a list of doctors (at least 6) who provide medical care.
    3. All medical bills will be paid in full if caused by an accident on the job.
    4. You will continue to receive income if your injury renders you unable to work for more than 7 days, and your first check must be sent to you within 21 days.
    5. There are 2 types of accidents: catastrophic (involving amputation, paralysis, severe head injury, severe burns, blindness or any other injury that disenables you from working) and non-catastrophic. If the accident is catastrophic, you will receive 2/3 of your wages until you can return to work and you will be provided with rehab benefits.
    6. If the accident is non-catastrophic you will receive 2/3 wages until you can return for work but for no more than 400 weeks.
    7. If you can only return to a lower-paying job you will still receive wages for up to 350 weeks.
    8. In the event of fatality, your dependents will receive 2/3 of your wage but no more than the maximum allowed by law.
    9. If your employer fails to provide benefits, they will pay a penalty that will be added to your payments. 


    If you have any questions regarding a Georgia Worker's compensation claim contact an accident lawyer.

    Contacting an Atlanta, GA Accident Lawyer

    If you are the victim of someone else's negligence or carelessness in a workplace accident in Atlanta 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 do the most recent statistics for Georgia motorcycle accidents show?

    According to the National Highway Traffic Safety Administration (NHTSA) there was a decline in fatal Georgia motorcycle accidents between 2008 and 2009. While this is positive news, thousands of accidents still occur each year and many require consulting with a Decatur, Georgia attorney.

    In 2009, NHTSA reported 140 fatal Georgia motorcycle accidents. The statistics show that most fatal Georgia motorcycle accidents occurred with the following characteristics: 

    • victims between the ages of 35 and 44;
    • licensed motorcyclists;
    • during the hours of 6 p.m. and 9 p.m. on weekends;
    • during normal weather conditions;
    • due to a front-end collision with another vehicle; and
    • while the rider was wearing a helmet. 

    These statistics show that there is no single factor that contributes to the frequency and severity of a motorcycle accident. Even licensed riders with proper helmet use and driving with good road conditions can still become the victim of a fatal motorcycle accident.

    Most insurance companies see motorcycle accident claimants as reckless, careless riders who are often the cause of their own damages. In truth, a valid motorcycle injury claim usually comes from an experienced driver who was caught off guard by another negligent driver.

    If you are the victim of another driver's negligent behavior that leads to a serious motorcycle crash, then you may need legal help.
    Filing a claim for damages from a motorcycle accident should be done with the help of a trusted Decatur, Georgia attorney with experience in motorcycle injury claims.

    A Decatur, Georgia Attorney Can Help Your Motorcycle Accident Claim

    If you are the victim of someone else's negligence or carelessness, whether in a motorcycle 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.