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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Will it be considered negligence if the truck driver involved in my truck crash in Decatur was driving aggressively right before the accident?
Yes, your truck crash in Decatur can be considered a result of negligence if the truck driver involved was driving aggressively before it occurred. A Decatur, GA personal injury lawyer will take the time to evaluate your case carefully and determine what type of negligence was the cause.
Aggressive driving can come in many forms. One type is speeding, whether there is no reason behind it or if it's done to get a load of products somewhere in time. Speeding can be especially devastating in a head-on collision or if a truck takes a sharp turn. This can lead to the truck jackknifing, resulting in a rollover or crushing another vehicle.
Tailgating is another form of aggressive driving. If the vehicle in front of the truck slows down or stops, this can lead to devastating consequences in a truck crash in Decatur.
If a truck driver makes frequent lane changes, this is yet another form of aggressive driving. Weaving in and out of traffic can lead to an accident.
Driving while impaired from drugs or alcohol could be considered another type of aggressive driving.
A Decatur, GA personal injury lawyer will be able to analyze the details of your truck crash in Decatur and determine if aggressive driving or another type of negligence was the cause.
You may be entitled to receive compensation for your medical care and treatment, lost wages, pain and suffering and any other losses suffered as a result of your truck crash in Decatur.
Contacting a Decatur, GA Personal 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 - 404-842-7838.
What are Georgia's auto insurance minimums?
Georgia requires all drivers in a household to be covered by liability insurance and have proof of insurance in the vehicle with them at all times.
Georgia allows certain exemptions:
- the vehicle's lease has terminated
- the vehicle is inoperable, stolen or repossessed
- the vehicle was wrecked, salvaged or junked
- its only used for seasonal or agricultural purposes
- ownership was transferred out of state or the owner moved
Georgia Minimum Liability Coverage:
- bodily injury for one person: $25,000
- bodily injury for all injuries: $50,000
- property damage: $25,000
Contact a Georgia attorney to learn more about your insurance options if you or someone you know have been injured in an automobile accident.
What are the common causes of wrong site surgery?
Neglecting to follow the universal protocol for patient safety during surgery is the main factor contributing to wrong site surgery. The universal protocol was established to create a series of safety checks that every surgical team should follow to prevent surgical errors.
Wrong site surgery can occur when the surgical team fail to meet before the procedure and verify: the patient identity, the procedure to be performed and the exact location where the surgery is to take place on the patients' body.
What kind of settlement can I expect if I file a wrongful death claim?
This question can have many different answers that will generally depend on the deceased persons' surviving family members. If the deceased contributed significantly to the household, the estate may be able to recover for future lost earnings the deceased would have received during their normal life expectancy. The claim can also recover damages based on the pre-death suffering experienced by the victim if they did not die right away.
If you are filing a wrongful death claim as a surving spouse your settlement may include amounts for loss of consortium (loss of care , love and sex), loss of future financial contributions that were expected from the deceased. If you had children with the deceased, damages can also include loss of parent-child relationship.
It can be extremely difficult to determine how much a settlement should be in any case and it may be necessary to bring in experts that can help calculate the damages.
What is Whiplash?
Whiplash is a neck injury that commonly occurs during rear-end accidents. The impact of a rear-end collision causes a sudden forward then backward movement of your head, straining the muscles, ligaments, tissue, and nerves in the neck. Whiplash is medically known as cervical acceleration-deceleration syndrome.
Your symptoms and level of pain vary depending on the severity of your accident. Whiplash symptoms can range from headaches and muscle weakness to fatigue and depression. Learn more about whiplash below.
Symptoms of Whiplash
There are many symptoms associated with whiplash. As mentioned above, they can vary depending on the nature of your accident. It is important to note that many whiplash symptoms can take days or longer to manifest so it is important to keep an eye out for the following symptoms if you were recently involved in a car accident or a slip and fall:
- Neck pain: The pain can range from mild to severe. While neck pain is typically a sign of ligament or muscle strains, it can also be a sign of injuries to discs and nerves.
- Reduced range of motion: Loss of mobility is a common symptom of whiplash. It could be due to muscle tightening or a joint injury.
- Tingling in fingertips and muscle weakness: Muscle weakness and tingling in the fingertips is one of the symptoms most commonly associated with whiplash. The impact of the collision can compress your nerve roots, causing tingling and weakness in your arms, hands, and fingers.
- Shoulder and back pain: Muscle strains and tears associated with whiplash can lead to shoulder and upper back discomfort.
- Headaches: Nerve damage and tightened muscles often cause whiplash injury victims to report headaches.
The above are symptoms most commonly reported by whiplash victims. While we would not call them less severe, they tend to be relatively shorter-term injuries. However, some whiplash victims report symptoms for months or even years after an accident.
There are a few more long-term complaints associated with whiplash of which you should be aware.
- Irritability and depression: Many people suffering from whiplash experience emotional changes. In some cases, it may simply be cases of irritability and anxiousness. In more severe cases, accident victims can develop depression.
- Dizziness: If whiplash caused injury to the inner ear, you might experience dizziness or vertigo. In some cases, the dizziness is a symptom of a concussion which can occur when your head snaps forward and back.
- Loss of memory and concentration levels: Whiplash can also negatively affect your memory and ability to concentrate. These symptoms can manifest immediately following your accident, but it is not rare for them to begin days, or even weeks, after your accident. How long your memory and concentration loss lasts depends on the severity of your whiplash injury.
- Fatigue: Many accident victims with whiplash report sleeplessness and an overall lack of energy. Victims who report fatigue might also experience feelings of depression.
- Ringing or buzzing in the ears: This ringing or buzzing, known as tinnitus, can be constant or occur intermittently. Both brain and jaw injuries associated with whiplash can cause the ringing.
Can I Recover the Costs of Medical Treatment for Whiplash?
Yes, if another party was at-fault for your accident, you can hold him liable for your treatment costs. While we cannot tell you specifically how much you can recover in a claim, a few common factors can influence just how much you can expect to collect. Those factors are:
- Fault and liability
- Properly diagnosing your injury
- Saving documents detailing your injury
If you were rear-ended, chances are that the driver who hit you holds more fault than you do. If this is the case, then you are entitled to some form of compensation in a claim. However, under Georgia’s comparative negligence laws, your fault will decrease your settlement. But before you can recover compensation, you must also demonstrate the severity of your injuries.
Getting yourself checked out ultimately helps your claim if you choose to file one. Insurers want to limit how much they pay out, and a delay in the beginning of your treatment is one piece of evidence they could use to argue that your injuries are not that serious.
But beginning the process early takes that point away and establishes your history of diagnosis and treatment.
Call S. Burke Law For a Free Consultation
Dealing with injuries from an accident is frustrating, especially if the accident was not your fault. If you are curious to learn more about your options to recover compensation, call S. Burke Law at 404-842-7838. Our consultations are free, and we never charge you a dime until you recover the compensation you need.
What is the difference between survival action and wrongful death?
A wrongful death claim is filed by the family of the deceased and is meant to compensate them for their losses due to the death of their loved one. A survival action claim is filed by the estate of the deceased to help compensate for their expenses from their injury leading up to their death.
A wrongful death claim is typically filed when the victim dies immediately from an act of negligence by another party that results in a fatal injury. The damages sought in these claims typically includes compensation for the loss of financial support if the deceased were an intregal part of the family's income, the pain and suffering the family experiences from the loss their member and funeral as well as burial expenses.
A survival action claim is filed when a victim is injured by another's negligence but does not die from the injuries until sometime later. The compensation received in this claim will seek to cover the medical expenses incurred during that time between accident and death. A survival cliam seeks to prevent the responsible party from escaping liability because the accident did not become fatal until after the accident.
Every fatal personal injury case is unique and not all cases will qualify as a wrongful death claim or survival action claim, while some may be eligible for both types of claims. Your Atlanta wrongful death attorney can help explain your situation and determine your options for compensation.
If I suffered injuries during surgery do I sue the hospital or the surgeon?
When you are a victim of a surgical error there are many parties that may have been involved in your surgery. In some cases, you may only need to hold the surgeon responsible in your medical malpractice claim. However, if the injuries you sustained during a surgical error started in another department of the hospital, you may have more than just the surgical team to blame.
A medical malpractice claim can be filed against an individual or a larger party such as the hospital where the surgery was performed. Before you go filing a claim, know who should be held liable for your surgical error by bringing your medical malpractive claim to the attention of an attorney.
Your attorney can review the details of your surgical error and help you determine the parties to hold liable in your medical malpractice claim. In some cases, it may be best to seek resolution from for your injuries by approaching the hospital directly, or you may be able to prove the surgeon alone is responsible.
Filing a medical malpractice claim can be difficult when you're loss as to hold liable. The insurance company isn't likely to offer any help in this matter, as they want to resolve this issue as quickly and cheaply as possible.
I was injured in a serious car accident - who's going to pay my medical bills?
1.) First, rely on your own health insurance policy. If you have primary health insurance, use it to cover your medical bills. You definitely don't want your doctor to send your account to collections.
2.) Next, review your auto insurance policy. Some policies include medical payment coverage. If you are unsure if your policy does, contact your auto insurance agent and check the limits of the coverage if you have it.
3.) The insurance ompany for the at-fault driver ultimately will be responsible for your medical bills. However, because the insurer won't pay until the end of the claim, you need to look on your own insurance first.
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.
If I'm Involved in a Georgia Car Accident, Am I Required to Call the Police?
If you have been involved in a Georgia car accident, you may be required to call the police, depending on the severity of the accident. Even when the law does not require you to report the wreck, you should consider doing so, to protect your right to compensation for your injuries and property damage and to avoid getting blamed for the crash.
When You Have to Notify the Police
According to the Georgia Department of Driver Services, if you are physically able, you must notify authorities if your crash involved any of the following:
- personal injury;
- death; and/or
- property damage that exceeds $500
If you do not call the police, someone could claim that you left the scene of the accident illegally. It is possible to face criminal charges, like hit and run, if you do not notify the authorities immediately. Also, it is your word against everyone else involved as to what caused the wreck if the police do not come to the scene.
When It Is a Good Idea to Notify the Police
Even when a car accident in Georgia seems minor, such as in the case of a rear-end crash at slow speeds, it is still a good idea to call the police. This is because many times, injuries from a car accident in Georgia, such as whiplash, may not be immediately evident. In addition, it is hard to assign a dollar amount to vehicle damage without getting an official estimate, so it is better to have a report.
The police report will be essential documentation of when and where the accident happened. Otherwise, the insurance company might refuse to pay for your car repairs or medical bills, claiming that the property damage and injuries occurred elsewhere.
The at-fault driver might try to lie his way out of liability for the crash if you do not protect yourself and your claim by calling the police to document what caused the wreck. The police report will provide a link between the accident and your injuries. Your lawyer will gather the report and your medical records to build your case for compensation.
Note: If you did not call police to the scene, you can file your own accident report.
What to Do at the Scene of the Accident
Things that happen at the scene of the crash can have lasting consequences on your injury claim. If you are physically able to do so, consider these suggestions.
- Call the police to come to the scene and write a report.
- Get the names and contact information of everyone involved in the wreck.
- Get the names and contact information of bystanders (witnesses).
- Take photos of the scene to document the area at that time.
Do not do this:
- Do not make small talk with anyone at the scene.
- Do not minimize your injuries.
- Do not refuse medical treatment.
- Do not take the blame for the accident.
How a Personal Injury Lawyer Can Help You
Whenever injury occurs, whether it is something you can see, such as a broken leg or collar bone, or something that may develop over the period of days or weeks, such as nerve damage, you may want the option of filing a Georgia personal injury claim. A Georgia personal injury claim can be invaluable after an accident, as it allows you to seek compensation to cover the medical costs, lost wages and emotional suffering that resulted from your injuries.
We will build your case, collect the evidence, and deal directly with the insurance company on your behalf. We can consult with experts like:
- Accident reconstruction experts to prove who caused the wreck
- Medical experts to talk about the extent of your injuries
- Vocational experts to explain how your injuries affect your ability to work
How a Police Report Helps Your Injury Compensation Claim
Aside from the fact that you must call authorities whenever someone has been injured after a Georgia car accident, getting a police accident report may serve to strengthen your Georgia personal injury claim and prevent insurance adjusters from blaming you for the car accident in Georgia.
Why You Should Call a Lawyer Right Away
If you have just recently been injured after an accident, contact an Atlanta car accident attorney as soon as possible. Let your attorney know about your police accident report, so it can be used to bolster your claim.
Contacting an Atlanta Car Accident 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 S. Burke Law for a no-cost consultation on your injury case.
Call us today at 404-842-7838 to see how a car accident lawyer can help you.