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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  • 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.

    Do this:

    • 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.

  • Who is required to carry Workers' Compensation in Georgia?

    Georgia Workers' Compensation (commonly known as Workman's Comp) is required for most all employers. Any employer with 3 or more full, part-time or even seasonal employees must carry this form of insurance.

    Georgia Workers' Compensation requirements even require businesses with fewer than 3 employees to carry coverage, as long as the company is incorporated or is an LLC.

    Keep in mind, though, that Workman's Comp coverage is not necessary for government agencies, railroad companies or farm laborers. If you want to see if your employer carries Georgia Workers' Compensation, the Georgia State Board of Workers' Compensation provides a listing of all covered businesses.

    Workman's Comp is extremely important for an employer to have, and really comes into play if you've been injured while on the job. In the case of injury, Georgia Workers' Compensation may cover you for medical expenses, lost time at work and even your future inability to work if a total disability has occurred.

    When severe injury occurs, however, Workman's Comp may not give you all the benefits you need to sustain yourself and your family.
    Talking with an Atlanta worksite injury attorney may give you a better idea if a third party, such as an architect, engineer or equipment manufacturer may also be to blame for your accident. If so, you can consider filing a third party personal injury claim in addition to your Georgia Workers' Compensation claim.

    Contacting an Atlanta Worksite Injury Attorney

    If you are the victim of someone else's negligence or carelessness, whether in a worksite 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 consultation on your injury case - 404-842-7838.

  • Will anyone investigate the circumstances of my Georgia work injury if I am claiming Workers' Compensation?

    Yes, there will be an investigation of the circumstances surrounding your Georgia work injury if you are claiming Workers' Compensation benefits in Georgia. To fully understand your legal rights, it is always best to consult with an Atlanta Workers' Compensation attorney who can help you to decipher the complicated Georgia Workers' Compensation code.

    Investigation of Your Work Injury

    As part of the process of receiving Workers' Compensation benefits in Georgia, an injured worker will find that the circumstances of their accident and injuries will be subject to investigation. This is handled by the employer and/or your employer's provider of Workers' Compensation insurance. They are typically the ones responsible for investigating and handling injuries, accidents or illnesses that occur while on the job.

    The investigation of your work injury is intended to determine how the injury or accident happened and will factor into whether you qualify to receive Workers' Compensation in Georgia. It does not matter whether the accident or injury was your fault or not, the details of your work injury must be investigated.

    Part of the importance of investigating a work injury is to help make the workplace a safer environment. By understanding what led to your work injury, an employer may enforce new rules, regulations, policies or procedures that prevent further accidents or injuries. 

    How an Atlanta Workers' Compensation Attorney Can Help

    If you are claiming Workers' Compensation benefits in Georgia due to a work injury, an Atlanta Workers' Compensation attorney can help to preserve your claim while also examining your benefits to be sure you are not being unfairly denied coverage that you are entitled to.

    An Atlanta Workers' Compensation attorney can also work with you in the event that your benefits are reduced or denied altogether. This is particularly useful if you believe that the investigation of your Georgia work injury was biased or misrepresented the facts of your accident in any way.

    Contacting an Atlanta Workers' Compensation Attorney

    If you are the victim of a work injury, you have certain rights guaranteed by Georgia Workers' Compensation 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 to discuss your injury case - 404-842-7838.

  • How do I start my Georgia Worker's Compensation Claim?

    To start your Georgia Workers' Compensation claim you will need to file a WC-14 form with the State Board of Workers' Compensation. Since the process of filing this type of claim can be complicated, it is best to speak with a Doraville Workers' Compensation lawyer who has experience in this type of law and understands the process of filing a Georgia Workers' Compensation claim.

    Starting Your Georgia Workers' Compensation Claim

    A WC-14 form can be obtained online at the State Board of Workers' Compensation website. After you have completed the WC-14, you need to make sure that your employer and their workers' compensation insurance carrier receive a copy.

    If you are unsure about who your employer's workers' compensation insurance carrier is, you can contact the coverage desk at the State Board of Workers' Compensation by calling 404-656-3692.

    How a Doraville Workers' Compensation Lawyer Can Help

    While the state board can help answer your initial questions, you may find your case needs more personalized attention. This is because even though the filing of a Georgia Workers' Compensation claim begins with the WC-14 form, there is much more to the process.

    This is where a Doraville Workers' Compensation lawyer can help. A lawyer will assist you throughout the entire process, which includes collecting evidence to prove your injuries were work-related and determining how much compensation you may be entitled to. In addition, a Doraville Workers' Compensation lawyer will make sure that you are treated fairly and get the settlement you need to compensate for your medical care and lost wages.

    Contacting a Doraville Workers' Compensation Lawyer

    If you are the victim of someone else's negligence or carelessness, whether in a work-related 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 Law Offices of Sheryl L. Burke for a no-cost consultation on your injury case - 404-842-7838.

  • Can I claim Georgia Workers' Compensation if I was injured at a job I've only been at for a few weeks?

    Yes, you can make a claim on Georgia Workers' Compensation if you were injured while on the job-even if you have only been there a few weeks. Georgia Workers' Compensation coverage begins on the first day of employment. An Atlanta Workers' Compensation attorney can answer all of your questions concerning your claim.

    Qualifying for Georgia Workers' Compensation

    To qualify for Georgia Workers' Compensation, your injury, illness or death must have occurred during the course of employment.
    This means if an individual is injured while on the job during assigned work hours, he or she will qualify for benefits.

    However, if individuals are injured during unassigned hours, such as taking a break, or participating in unassigned duties, they will not qualify for benefits. Additionally, if in the course of commuting to and from work an individual is injured, they injury will not qualify for Georgia Workers' Compensation.

    How an Atlanta Workers' Compensation Attorney Can Help

    In a Georgia Workers' Compensation claim, victims often have fewer avenues for pursuit of compensation if they were injured while on the job than they would in a typical personal injury case. An Atlanta Workers' Compensation attorney can help you if your claim is denied or if it is undervalued.

    Depending on the circumstances surrounding your Georgia Workers' Compensation claim, you may be entitled to receive payment of medical expenses, disability, wage loss differential or vocational retraining.

    When you have been injured while on the job, an Atlanta Workers' Compensation attorney can advise you of your legal rights and help you fight for your Georgia Workers' Compensation benefits.

    Contacting an Atlanta Workers' Compensation Attorney

    If you are the victim of someone else's negligence or carelessness, whether in a work-related accident or some other type of accident, you have certain rights guaranteed by law. To help you understand these rights and seek the appropriate compensation to help get your life back in order, contact the Atlanta Law Offices of Sheryl L. Burke for a no-cost consultation on your work injury case - 404-842-7838.

  • If I'm injured while working on a construction site in Georgia, can I get more than just Workers' Compensation?

    If you are injured while working on a construction site in Georgia, you may be eligible for more than just Workers' Compensation for your work injury. Your compensation will depend on a number of factors, including the cause of your construction site injury. A Workers' Compensation attorney in Georgia can help examine all the facts surrounding your case and can help determine your legal rights.

    While Occupational Safety and Health Administration (OSHA) regulations are put in place to protect workers, the reality is that accidents at construction sites still happen, and unfortunately, on a fairly regular basis. Workers' Compensation is available to help workers financially who have been injured on the job. Unfortunately, this compensation is not always adequate to cover all expenses related to a construction site injury.

    Workers' Compensation laws prevent workers from suing their employers, so it may appear a worker has no other recourse from a work injury.
    However, there are other parties who may be responsible for a construction site injury. These parties can sometimes be held liable in what is referred to as a third-party claim.

    Third parties potentially liable for damages after a work injury include:
     

    • property owners;
    • product manufacturers; and
    • professional installers.  


    Defective equipment, improper installation or hazardous conditions on someone else's property could all play a role in your work injury. This could lead to others being held liable for damages and result in further compensation.

    A Workers' Compensation attorney in Georgia can investigate your construction site injury to determine if a third party may be at fault or share part of the liability. A Workers' Compensation attorney in Georgia will collect evidence, speak with the insurance companies and advocate for your rights to fair compensation.

    Contacting a Workers' Compensation Attorney in Georgia

    If you are the victim of someone else's negligence or carelessness, whether in a work-related accident or some other type of accident, you have certain rights guaranteed by law. To help you understand these rights and seek the appropriate compensation to help get your life back in order, contact the Atlanta Law Offices of Sheryl L. Burke for a no-cost consultation on your work injury case - 404-842-7838.

  • What are some common types of surgical errors that may result in a Georgia medical malpractice claim?

    A surgical error can range from a failure to operate to unnecessary surgery. In extreme cases, a surgical error results from patient misidentification, where either the wrong patient undergoes an operation, or the wrong side of a patient's body is opened up (wrong-site surgery). Any of these circumstances can lead to the filing of a Georgia medical malpractice claim.

    A surgical error can also include:
     

    • Failure to recognize a surgical complication - when a complication occurs during a surgery, and a surgeon fails to address it, or doesn't recognize it at all (such as when tissues or organs are perforated during surgery, and the patient is closed up, only to have complications later on).
    • Procedural Errors - these can happen during a surgery, and often take the form of anesthesia mistakes or use of unsterile equipment. Effects of either surgical error can result in coma, organ and nerve damage, cardiovascular issues and even death.
    • Post-Operative Errors - errors on the part of a surgeon after a procedure can sometimes result in infection, septic shock and even death. 


    No matter the precautions taken, patients expect that a surgical procedure always carries with it some kind of risk. Blood clots, infection and complications can occur - but in most cases, the risk is actually quite small.

    When a patient suffers a serious or even life-threatening condition as a result of a surgical error, he or she has the option to file a Georgia medical malpractice claim.

    A standard of care is expected of medical professionals and when that standard of care is breached, such as with a surgical error, you may be able to seek compensation through a Georgia medical malpractice claim to cover the resulting medical bills, lost time at work and mental anguish.

    Talk with an Atlanta medical malpractice lawyer who can listen to the details of your case and gather evidence to prove negligence on the part of the medical professional(s) involved. An Atlanta medical malpractice attorney can work with you to determine liability, prove the extent of your injuries and fight for compensation on your behalf through a Georgia medical malpractice claim.

    Contacting an Atlanta Medical Malpractice Lawyer

    If you are the victim of someone else's negligence or carelessness, whether in a surgical error or some other type of medical malpractice, you have certain rights guaranteed by law. To help you understand these rights and seek the compensation you deserve 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 happens if I am partially at fault for my motorcycle accident in Georgia?

    If you are partially at fault for your motorcycle accident in Georgia, you may still be able to file a personal injury claim and receive some compensation for your injuries. You can do this because of Georgia's comparative negligence law.

    Georgia's Comparative Negligence Law

    Regardless of what vehicle you were driving at the time of your motorcycle accident in Georgia, the beauty of Georgia's comparative negligence law is that as long as you are less than 50% responsible for the accident, you can still receive compensation for your injuries and other expenses.

    This means if you were 49% responsible for your motorcycle accident in Georgia, you could still file a personal injury claim and collect damages. If you were 50% or more responsible for your motorcycle accident in Georgia, you would not be able to collect anything.

    The important thing to remember is that if you do have some fault for your accident, Georgia's comparative negligence law states that your total compensation will be reduced by your degree of fault. This means if your total damage award is $20,000, and you are found 10% responsible for your accident, your total award will be reduced by $2,000.

    This means it's extremely important to have the experience of an Atlanta motorcycle accident attorney on your side if you were even the slightest bit at fault. This is because insurance adjusters will be the ones who determine your degree of fault, so you'll want to have someone who can speak up on your behalf, to make sure you don't take more than your fair percentage of fault and risk losing compensation you need to aid in your recovery.

    Contacting an Atlanta Motorcycle Injury Attorney

    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 - 404-842-7838.