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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What is a traumatic brain injury (TBI)?
A traumatic brain injury (TBI) occurs from a blow, jolt or bump to the head that disrupts the normal function of the brain. This can happen when the head hits an object without warning or if an object makes contact to the head - in some cases piercing through the skull and damaging brain tissue.
When a person experiences head trauma, it's important to seek treatment as soon as possible. If you or someone you love has experienced a traumatic brain injury and believe negligence may have been a factor; have an Atlanta personal injury lawyer assist you in determining your legal options for filing a Georgia personal injury claim.
Traumatic Brain Injury Symptoms
Although not all blows or bumps to the head will result in a TBI, a traumatic brain injury can range from mild to severe. The majority of TBIs that can occur on an annual basis are concussions, however even a mild concussion can lead to serious injury if it is not treated or a if secondary concussion occurs before the first one heals properly.
A person who has sustained a traumatic brain injury can experience a variety of symptoms that include:
- loss of consciousness;
- blurred vision;
- inability to recollect memories;
- lack of concentration;
- loss of coordination; and
- behavioral and mood changes.
Getting immediate medical treatment can help save a life or reduce the potential long-term effects of a traumatic brain injury. If you sustained a severe TBI because of the negligence of someone else, such as through a motor vehicle accident or slip and fall, you can get the legal opinion of an experienced Atlanta personal injury lawyer to see what options you may have for compensation to help with medical bills, lost wages, and other accident expenses.
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 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.
How is liability determined in a Georgia car accident claim?
The driver that is considered liable in a Georgia car accident claim is the one at fault for causing the accident. Georgia traffic laws will often be cited when determining liability in a car accident.
For instance, if someone violates the law by running a stop light or making an unauthorized U-turn, that driver would most likely be held liable in a Georgia personal injury case.
In some cases, certain types of car accidents will result in an almost automatic assumption of liability. For instance, a person who crashes into the back of someone else's car is usually considered to be at fault for the rear-end collision. An exception to this automatic fault rule is if a driver rear ends you, and causes you to hit the car in front of you. In this case, the driver that struck you would be held responsible for initiating the chain reaction.
In a Georgia personal injury case stemming from a car accident, you will need to provide evidence to support your claim. Your documentation may include photographs, witness statements, police reports, expert analysis and other applicable evidence. An Atlanta personal injury attorney can investigate your claim, and help you fight for the compensation to which you may be entitled.
The insurance companies involved in handling your Georgia personal injury claim will be conducting their own assessment of the accident and damages before agreeing to a settlement. Your Atlanta personal injury attorney can negotiate with an insurance company to fight for a complete and fair settlement. You may be eligible to receive compensation for lost wages, medical expenses and pain and suffering, among other considerations.
Contacting an Atlanta Personal Injury Lawyer
If you are the victim of someone else's negligence or carelessness, whether in a traffic accident or any other type of accident, you have certain rights guaranteed by law. To help you understand these rights and seek the compensation to which you may be entitled, contact the Atlanta Law Offices of Sheryl L. Burke for a no cost consultation.
After a worksite accident in Georgia, do I have to see the doctor my employer chooses? Can I ever get a second opinion?
Under Georgia law, if you've been involved in a worksite accident, your employer must allow you to select a doctor from an established list, known as the Panel of Physicians. They should have already assembled this list for such situations.
Using the Panel of Physicians
At your company's or their insurer's expense, you have the right to pick from the list any doctor to examine and treat you. Additionally, you can change to another doctor on the Panel without the insurance company's or the State Board of Workers' Compensation's approval.
Please review the Panel of Physicians carefully. One of the clauses states that your employer or the insurance company can send you to a doctor of their choosing for an independent medical exam.
This Panel has to be posted in an area that's noticed by all employees on the job site. Your Atlanta Workers' Compensation attorney can explain how your company should handle your injury and their responsibilities in the Workers' Compensation claims process as well as your personal responsibilities.
Getting a Second Opinion
Within a window of 120 days after receiving income benefits you can obtain a second opinion with a doctor of your choice. Additionally, you can get this second opinion through requesting permission from the State Board of Workers' Compensation.
Companies that Fail to Comply
Despite the State of Georgia strictly enforcing this law, many companies choose to ignore the requirements. If you work for a company that fails to follow the regulations, you should speak with your Atlanta Workers' Compensation attorney right away to discuss your legal options.
Remember, when you see the doctor, be careful in what you say because it can be held against you in the course of your Georgia Workers' Compensation claim.
Contacting an Atlanta Workers' Compensation Attorney
If you are the victim of someone else's negligence or carelessness, whether in a loading dock accident, 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.
What should I do if I'm in an Auto Accident?
Stay calm. Stop to protect your passengers and car. Call an ambulance for any injured party, if required. Set flares if you carry them, and do not leave the scene of the accident.
Exchange Documents. Don't discuss the accident with anyone of blame anyone, including you. Exchange only your license, registration and motor vehicle identification card.
Driver Facts. Take down the name, address, operator's license number, date of birth, sex, state of license, and the phone number of the other driver.
Ownership Facts. Write down the name, address, and the insurance company of the owner of the other car involved. The driver may not be the owner of the car.
Injured Parties. Seek information from police for all injured parties involved including passengers. Take down the names, addresses, and dates of birth, sex, and extent of injuries.
Witnesses. Be sure to write down the names, addresses, and phone numbers of any people who saw the accident but weren't involved in it. Passengers in accident are not witnesses.
Damages. Note the make, body type, year, and license number of the other vehicle. Also, make a note of the damage to the other vehicle.
Draw a Diagram. Make a note below the diagram of the date and time of the accident. Write down the location including the street, intersection, or any landmarks.
Report the Accident. Report the accident to your insurance broker or agent immediately. If the accident involves a death or injury, report it without delay to the police department. Obtain a copy of their report within 24 hours.
What are your fees?
On personal injury cased, including wrongful death and medical malpractice, fees are on a contingency basis. That is, if you do not receive compensation for your injury, we do not charge a fee. All initial consultations are free.
Can we settle out of court?
A claim can be settled at any time. It can be settled before suit is filed, after suite is filed, and of course before trial is started. Suits and claims are also settled during and after trial. Statistically, most cased settle before trial and a few go to trial.
What is mediation?
Mediation is an informal procedure where all parties and their lawyers meet in a conference room to attempt to negotiate a settlement. At mediation, I will make a brief presentation discussing our side of the case to the mediator (usually a retired lawyer or a judge) and of course to the lawyer for the other side and his or her representative (usually the insurance company adjuster). The lawyer for the other side then will make a brief presentation about their side of the case. You are required to attend mediation but you are not required to say anything.
After the initial presentations are made, the mediator will meet with you and me separately from the other side and their lawyer. The mediator then will discuss the positives and negatives of our case and attempt for us to lower our demand. The mediator will then meet with the other side, also in private, and attempts to persuade them to increase their offer to us. This process can be as short as one hour and can go on for several hours. The court orders that mediation takes place and that you and the other side appear in person at the mediation. The court does not order, or course, that the case be settled at mediation.
How much is my case worth?
Every case is at least slightly different. In personal injury cases, you are entitled to compensation for such things as pain and suffering (past and future); lost wages and ability to earn income (past and future); medical expenses (past and future); disfigurement; disability and loss of enjoyment of life (past and future). In order to evaluate your claim, we will have to speak with you and ask you some questions.
What are some of the questions I might be asked during the first initial contact with a personal injury attorney?
Some of the questions we will ask are the following and you can speed up the process by providing this information in your email or telephone call:
Full name, address, telephone number, fax number, email;
Date of birth;
When did the accident or incident occur (date and time);
Where did the accident happen;
Describe what happened and what caused the accident;
Describe your injuries;
When and how long were you treated in a hospital or physicians;
What are your medical expenses, including those which have been paid for and those which have not (and what medical expenses do you anticipate having in the future);
Have you lost time from work as a result of your accident? How much in lost wages have you incurred so far? How much in lost wages will you incur in the future?
Describe your disabilities and what you cant do now that you could do before the accident?
Were you ever treated for this type of injury or problem before this accident?
What is a soft tissue injury and how is it treated?
Most of the mass of a human body is connective tissue in one or more of its various forms: fibrous tissue, cartilage, bone, adipose, etc. Ligaments, tendons and fibrous capsules are all groups of connective tissue fibers arranged in the body in a largely parallel construction, thus providing great strength while also restricting movement. Ligaments connect bone to bone. Tendons are the fibrous ends of the skeletal muscle. Fibrous capsules surround joint cavities into the joint cavity.
Soft tissue (also known as Connective Tissue) injuries can be classified as contusions (bruises) sprains or trains. A sprain by definition is an injury to a ligament while a train involves injury to musculotendonous unit. The degree of injury and the location of the injury are important in determining what therapy is most appropriate.
Soft tissue injuries can be classified as first, second or third degree. First degree, are mild or minimal injuries. Second degree injuries, are moderate and involve partial tearing of a ligament of musculotendonous unit. The most severe injuries, involving the complete disruption of the ligament or musculotendounus unit, are classified as third degree injuries.
Initial therapy should include elevation and ice, an addition to assessment of the injury. The use of crutches or an arm sling may be indicated to immobilize the affected area. In some cases, third degree injuries require surgery. In any soft tissue injury and orthopedic surgeon can best determine the evaluation for treatment.