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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  • Is there a mandatory helmet law in Georgia?

    There is a mandatory helmet law in Georgia. If you are operating a motorcycle, you must wear a protective helmet in compliance with federal motor vehicle safety standards (FMVSS). To make sure your helmet is FMVSS compliant, look for a DOT symbol on the outside of the helmet.

    If you choose not to follow Georgia motorcycle helmet laws, you could be subject to a $1,000 misdemeanor fine and up to a year in jail. More importantly, following Georgia motorcycle helmet laws could save your life.

    According to studies from The National Highway Traffic Safety Administration (NHTSA), motorcycle helmets reduce the likelihood of a fatal crash by 37%. Studies have found that motorcycle helmets are 67% effective in brain injury prevention. From 1984 to 2002, motorcycle helmets saved the lives of more than 13,700 motorcycle riders.

    Georgia motorcycle helmet laws are meant for your own safety. By wearing a helmet, you can reduce your chance of traumatic brain injury or death in a motorcycle accident in Georgia. Failure to follow Georgia motorcycle helmet laws could hamper your ability to seek comprehensive damages after a motorcycle accident.

    While you may be able to recover some compensation, you'll have to talk with a Georgia motorcycle accident lawyer about how your failure to follow Georgia motorcycle helmet laws could affect your personal injury claim.

    Contacting an Atlanta Motorcycle Injury Lawyer

    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.

  • If a car makes a left turn in front of me while I am riding my motorcycle, who would be liable if an accident occurs?

    If a car makes a left turn in front of you while you are riding your motorcycle, and a motorcycle accident ensues, the car making the left turn would be liable in most cases. The fact that you are on your motorcycle doesn't change the liability issue here. It's a basic traffic law.

    If you were recently in a motorcycle accident with similar circumstances, speak with an Atlanta personal injury lawyer as soon as possible, while the details are still fresh in your mind. You could very well have a valid Georgia personal injury claim on your hands.

    There are a couple exceptions to this situation, which may put a roadblock on your Georgia personal injury claim.

    The only time a vehicle turning left is typically not liable for an accident is in the following situations:
     

    • The vehicle going straight ran a red light.
    • The vehicle going straight was speeding. 


    That's why it is important for you to have evidence that helps support your version of the events. Perhaps the police report at the accident scene helps to establish liability or an eye-witness who saw the motorcycle accident occur can make a statement on your behalf.

    Georgia personal injury claims follow a modified comparative negligence 50% rule. This means that if you were 50% or more responsible for the injury, you cannot recover any damages from the other party involved. Now, if you were only 49% responsible, or less, for your motorcycle accident, may be able to recover some amount of compensation. The amount would be reduced though, according to the percentage of fault assigned to you.

    It's reassuring to know that if you were partially at fault for your motorcycle accident injury, you could still recover some compensation. Negligence laws such as this one vary state to state. That's why it's beneficial to have the help of an Atlanta personal injury lawyer with experience in Georgia motorcycle accidents if your accident occurred in Georgia.

    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 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.

  • How do I know if I am eligible for Workers' Compensation in Georgia?

    Georgia law is simple when it comes to Workers' Compensation eligibility. According to the State Board of Workers' Compensation, any employer with 3 or more full or part-time workers must purchase Georgia Workers' Compensation insurance. This is also commonly known as Workman's Comp.

    If your employer fits this category and you are injured while at work, you are eligible to receive your Workman's Comp benefits, even if the accident that caused your injury was partially or totally your fault. However, if you were engaged in criminal behavior or "horseplay" at the time of the accident, you will be ineligible for benefits.

    Workman's Comp benefits can include coverage for medical expenses, lost time at work, and even funeral and burial expenses, when a workplace injury results in death.

    Unfortunately, Workers' Compensation cases are not always so cut and dry and you are never guaranteed to receive the full benefits to which you are entitled. It is not completely unheard of for an employer or their insurer to flat-out deny a Workman's Comp claim. In these instances, it is wise to recruit the help of a Georgia Workers' Compensation attorney who can work on your behalf to prove the legitimacy of your claim. This may include interviewing witnesses to the accident, requesting a change in medical providers or compiling medical evidence that proves your injuries were not pre-existing.

    In short, while you are typically covered under Workers' Compensation for a worksite injury, you are by no means guaranteed the coverage. While an attorney cannot promise you a successful case-and any attorney who does is acting unethically-they can at least help you to navigate the very complicated waters of a Workman's Comp claim in Georgia.

    Contacting a Georgia Workers' Compensation Attorney 

    Injured workers typically have a right to benefits in a Workers' Compensation claim. 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.

  • How do you report unsafe conditions at your worksite in Georgia?

    If unsafe work conditions discussed with your employer haven't been addressed, you may need to file a formal complaint on the federal level. You can report unsafe conditions at your worksite by filing a complaint through the Occupational Safety and Health Administration (OSHA).  

    You can file a complaint with OSHA in 1 of 3 ways:
     

    • Online - these complaints are submitted to OSHA area and regional offices, and will very likely result in an onsite inspection.
    • Mail/fax - you'll download this form online or pick one up at your area OSHA office, fill it out and return it back to your closest OSHA office. You'll confidentially include your name, telephone number and address for an OSHA representative to follow up with you.
    • Phone - you can call your nearest OSHA regional or area office and speak to a staff member about the unsafe work conditions and your concern of an impending worksite accident. 


    Keep in mind, you really only need to file an OSHA complaint if you've discussed the unsafe work conditions with your employer and the problem wasn't immediately corrected.

    Sometimes, unsafe work conditions are so severe that a worksite accident could result in severe injury or death. If this is the case, you actually have the right under OSHA standard 1977.12(b) to refuse to work. This is really only applicable when you have reported unsafe work conditions to OSHA, but the conditions are so severe there isn't time for OSHA to do an inspection and go through the normal enforcement process.

    You can also refuse to work when your employer has not addressed the unsafe work conditions you reported, and there is a clear danger of severe injury or death.

    If you've been injured in a Georgia worksite accident because of unsafe work conditions, you do have the right to seek compensation for your injuries. Contact an Atlanta worksite injury lawyer for more information on your legal options under the Georgia Workers' Compensation program.

    Contacting an Atlanta Worksite Injury Lawyer

    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 Georgia Workers' Compensation. 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 are some common insurance industry settlement tactics I should know to handle my Georgia injury claim on my own?

    There are a number of insurance industry tactics of which you should be aware when filing a Georgia injury claim. But just being aware of these tactics may not be enough for you to effectively handle your Georgia injury claim on your own, especially considering you may be dealing with a lengthy recovery.

    Consider that an Atlanta personal injury attorney is not only aware of insurance industry tactics that may damage your Georgia injury claim, but has years of experience in communicating with adjusters and can adequately take steps to offset their practices.

    Some common insurance industry tactics that can damage your Georgia injury claim include:
     

    • Delay - this is an extremely common practice that is used to get victims to accept settlement offers for less than what they deserve. The sheer frustration that adjusters cause is enough to make victims want to be through with the process as soon as possible.
    • Excessive requests for information - this can also cause frustration, especially when adjusters ask for documents completely unrelated to the victim's injuries.
    • Undervalued claims - insurance adjusters may offer seemingly arbitrary settlement offers that don't accurately reflect the victim's medical expenses or lost wages.
    • Small talk - beware of casual conversation with an insurance adjuster; often it is just a means to get you to say something that will damage your Georgia injury claim. 


    In addition to some of the above mentioned tactics used to devalue your claim, insurance adjusters may also dispute the extent of your injuries and even misrepresent the policy limits that they can provide.

    An Atlanta personal injury attorney can handle any and every frustrating insurance industry tactic in order to keep your Georgia injury claim on track. While you reserve your energy for recovery, an Atlanta personal injury attorney can deal with the paperwork, legal procedures and negotiations in efforts to fight for the compensation you deserve.

    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 - 404-842-7838.

  • If I was in a Georgia car accident while making a left turn, am I automatically at fault?

    If you were in a Georgia car accident while making a left turn, you will most likely be considered at fault. This is because law mandates that the driver making the left turn should only turn when the roadway is clear. The driver making a left turn should always yield to oncoming traffic.

    There are a few exceptions to the rule stating that the driver making the turn is at fault in a left turn accident. If your left turn accident occurred under "special circumstances," you may not be found at fault. Examples of special circumstances include: 

    • the other driver was speeding at the time of the left turn accident;
    • the other driver ran a red light, (which led to the accident); and
    • something unexpected occurred while you were trying to make a left turn that caused your car to slow down or stop. 


    The concept of fault is important when dealing with a left turn accident. If you are found to be at fault for your left turn accident but sustained injuries, any compensation you receive in a Georgia personal injury claim could be reduced.

    If your accident did occur as a result of circumstances beyond your control, you'll want the assistance of an Atlanta car accident lawyer to help with your case.

    An Atlanta car accident lawyer can collect evidence to show the other party's degree of fault, and help strengthen your Georgia personal injury claim.

    Contacting an Atlanta Car Accident 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.

  • Is there a formula for determining a fair car accident settlement?

    There is no formula for guaranteeing a fair car accident settlement. While some factors can carry a dollar figure, such as medical costs and lost wages, many other expenses after a car accident aren't so tangible.

    There's no specific way to guarantee that you are fairly compensated for your injuries, but in many cases, you may not even know whether a settlement offer will cover your current and future expenses until you consult with an Atlanta personal injury lawyer.

    An Atlanta personal injury lawyer has the resources to map out exactly how your daily life has been impacted from your car accident and resulting injuries. Your Atlanta personal injury lawyer will also take into account the various ways courts assess injuries.

    There are two factors that receive a dollar value, including: 
     

    • repair costs to your vehicle (or other property); and
    • medical costs. 


    Those two areas don't leave much room for interpretation; but the others do. Your Atlanta personal injury lawyer will pay close attention to the following factors when fighting to get you a fair car accident settlement.

    Areas often overlooked when people choose to represent themselves include:
     

    • recovery/rehabilitation time;
    • current/previous health care expenses (related to the accident);
    • future health care expenses;
    • previous/ongoing pain and suffering;
    • future lost wages from missing work;
    • previous/ongoing mental pain and anguish; and
    • permanent disability. 


    An Atlanta personal injury lawyer may advise you to wait until a final diagnosis is made regarding the full extent of your injuries to better your chances for receiving fair car accident settlement. This is because you don't want to accept a settlement offer only to later discover that your recovery or ongoing treatment is a lot more serious and expensive than previously thought. It's necessary to allow you time to recover to the fullest extent possible, to demonstrate the extent the injury has affected your day-to-day routine.

    Often after a car accident, you'll be dealing with insurance companies and their team of adjusters and attorneys. Insurance company representatives are trained to get you to damage your own chances of a fair settlement and without an Atlanta personal injury lawyer, you may be taken advantage of during this often overwhelming time.

    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 - 404-842-7838.

  • Are there any tips I should know when deciding how to deal with insurance adjusters after my Georgia accident?

    There are several important tips to know when it comes to dealing with insurance adjusters after your Georgia accident. The best way to make sure that you are treated fairly is to consult with an Atlanta personal injury lawyer. An attorney will not only make sure that your legal rights are protected but will work on your behalf to help you get a fair settlement.

    Dealing with Insurance Adjusters after a Georgia Accident

    There are some things you should and shouldn't do when it comes to dealing with insurance adjusters for your Georgia personal injury claim.

    Some of the things you should do when dealing with an insurance adjuster include:
     

    • get all of the contact information of the insurance adjuster;
    • provide your contact information to the insurance adjuster;
    • keep notes on the conversation you have with the insurance adjuster;
    • provide only a general description of your injuries; and
    • ask the insurance adjuster if there were witnesses to the accident. 


    Some of the things you shouldn't do when dealing with an insurance adjuster include:
     

    • don't provide a detailed description of your injuries;
    • don't not allow your conversation to be recorded;
    • don't provide unnecessary details or veer off topic (stick to the basic, simple facts regarding the accident);
    • don't provide personal, irrelevant information;
    • don't agree to anything or sign anything; and
    • don't provide the name of your doctor.  


    Insurance adjusters will attempt to get you to settle your Georgia personal injury claim quickly and for as little as possible. This is why if you have been seriously injured in an accident that you should get the help of an experienced Atlanta personal injury lawyer. An attorney will help you to file your Georgia personal injury claim and will fight for your legal rights.

    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 - 404.467.0909.