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 I recover compensation for a Georgia motorcycle accident if I was not wearing a helmet?

    Yes. You may be able to recover compensation after an accident if you were not wearing a motorcycle helmet. However, not wearing a helmet could hurt your case.

    If you were not wearing a helmet during your accident and are concerned it might affect your claim for injury compensation, give S. Burke Law a call. We can investigate your accident and let you know what to expect: 404-842-7838.

    What Are Georgia’s Helmet Laws?

    Georgia has a “universal helmet law.” Georgia’s motorcycle helmet law, O.C.G.A. § 40-6-315, states, “no person shall operate or ride upon a motorcycle unless he or she is wearing protective headgear which complies with standards established by the commissioner of public safety.”

    Georgia not only requires all riders and passengers to wear a helmet when operating a motorcycle, but that helmet must also meet specific specifications. You must also wear eye protection if your motorcycle does not have a windscreen.

    How Can Not Wearing a Helmet Affect My Case?

    Like most personal injury cases, your settlement largely depends on proving the other party’s negligence. However, disobeying Georgia’s helmet law can be an example of negligence per se (i.e., not wearing a helmet is negligent because it violates the Georgia motorcycle helmet law). And Georgia’s comparative negligence laws hold that any negligence on your part will decrease your settlement.

    This means that not wearing a helmet could cause you to lose money for your injuries.

    For example, say you were riding straight through an intersection when a driver turned left in front of you without looking. You ran straight into the vehicle, the impact throwing you from your bike and causing you to suffer broken ribs and a traumatic brain injury.

    The investigation found the other driver was 100 percent at-fault for the accident; which means he is responsible for any injuries and losses you suffered in the accident.

    However, the investigation also found you could have avoided or lessened the severity of your head injury had you been wearing a helmet. The investigators assigned you 40 percent fault for your head injury, allowing you to recover 60 percent of your damages for that injury. If your medical expenses and other losses totaled $100,000 for your head injury, you could only recover $60,000.

    The investigation found that you did not contribute to your broken ribs, so you were able to recover full compensation for that injury.

    Georgia’s comparative negligence laws also require victims to be less liable than the other party. So, when filing your claim, you must prove that you are 49 percent or less at fault to collect a settlement. If you had also contributed to the accident by acting negligently (e.g., speeding or riding while intoxicated), you might have been unable to recover compensation for your head injury or your broken ribs.

    Note: Even if you were wearing a helmet, you could face negligence claims if you were wearing a helmet that did not meet specifications.

    How Can S. Burke Law Help Me with My Motorcycle Accident Claim?

    Sheryl Burke spent time as an insurance adjuster. This insider knowledge allows her to anticipate and defend against any tactics the insurance company might use to devalue your claim.

    We will gather any necessary evidence and work with accident reconstruction experts to establish your helmet use had little to no effect on your injury. This evidence might include medical records, photos, and testimony from your doctor or another medical expert.

    Call S. Burke Law for Help with Your Motorcycle Accident Claim

    S. Burke Law urges all motorcyclists to wear helmets. Georgia’s motorcycle helmet laws exist for a reason, and everyone should do everything in their power to protect themselves from injury. However, we also realize that there is only so much in a motorcyclist’s control. Even when riding responsibly, there is the risk that you are involved in an accident due to circumstances out of your control.

    We do not believe that not wearing a helmet should prevent you from collecting the damages you deserve. If you or someone you love suffered injuries in a motorcycle accident recently, give us a call. We may be able to work with experts and accident reconstructionists to establish wearing a helmet would not have affected your injuries.

    Call us at 404-842-7838. Our consultations are free and there is no commitment. See how we can help you today.

  • What if I wasn't injured in a car accident in Georgia but I sustained damage to my car or other personal property?

    If you were in a car accident in Georgia and didn't sustain any injuries, only damage to your car or other personal property, then you can't file a Georgia personal injury claim. This is because personal injury claims can only be filed when a serious injury has occurred, not just property damage.

    After your car accident in Georgia, you likely will not require the assistance of an attorney to recover compensation for your property damage. This is primarily because the cost of property damage is typically clear cut. While you may end up haggling with the insurance company over the value of your car or the costs to repair the damage after a car accident in Georgia, the dollar value usually is not significant enough to warrant legal representation.

    However, if you were seriously injured in a car accident in Georgia and do plan on filing a Georgia personal injury claim, then your property damage will be a consideration in that claim. In that case, you may want an Atlanta personal injury attorney on your side. This is because unlike the cut and dry costs of fixing or replacing a vehicle, you'll be fighting for compensation for your current and future medical bills, lost wages, and other accident expenses. 

    The costs involved in a Georgia personal injury claim are high and how much the insurance company will pay you depends on complex factors like proving the cause of your injuries, what the injuries have cost you, and the insurance policy limits involved.

    Be sure to keep good records and contact an Atlanta personal injury attorney as soon as possible after a car accident in Georgia if you are considering filing a Georgia personal injury claim. If you have questions about the timing and particulars of your specific case, an Atlanta personal injury attorney can help you throughout the process.

    Contacting an Atlanta Personal Injury 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 the Atlanta Law Offices of Sheryl L. Burke for a no-cost consultation on your injury case - 404.467.0909.

  • In addition to federal trucking regulations, does Georgia have any state regulations regarding trucks?

    Georgia has one state regulation regarding trucking, although it's somewhat limited in scope. Georgia trucking laws differ from federal trucking regulations in just one provision - the age limit for commercial vehicle drivers.

    On a national level, commercial truckers must be at least 21 years of age. This pertains only to trucks which go through multiple states on their routes, and do interstate deliveries.

    But according to Georgia trucking laws, in order to operate a commercial vehicle within Georgia, a driver may be just 18 years of age, as long as the individual has an instruction permit or Georgia commercial vehicle license. To comply with Georgia trucking laws, the individual may not leave the state on delivery routes.

    Regardless of the age of the commercial truck drivers, Georgia trucking laws take into account the degree of care that truck drivers should show to other motorists.

    If you've been injured in a Georgia truck accident where the truck driver was careless, you may be able to file a Georgia personal injury claim on the grounds of negligence. If you have questions, you should consider speaking with an Atlanta truck accident attorney who can determine what state or federal trucking regulations may apply to your case, determine the liable parties, and explain the strengths and weaknesses of your potential Georgia personal injury claim.

    Contacting an Atlanta Truck Accident Attorney

    If you are the victim of someone else's negligence or carelessness in a Georgia truck 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.

  • Can you sue your employer for a workplace injury in Georgia?

    In almost all cases, you cannot sue your employer for a workplace injury in Georgia. This is because accepting Workers' Compensation means you forfeit the right to sue your employer for a worksite injury. If you've been in a workplace injury in Georgia, your employer's Workers' Compensation program actually provides for the expenses associated with your injury.

    Some of the expenses covered by Workers' Compensation include:
     

    • medical expenses;
    • wage reimbursement; and
    • other benefits. 


    The downfall here is that Workers' Compensation, after a workplace injury in Georgia, is provided in lieu of filing a lawsuit against your employer. So you may want an Atlanta personal injury attorney on your side to determine whether you're getting a fair offer from your employer's Workers' Compensation program.

    Since Workers' Compensation is a form of insurance, the insurance company may try to undervalue your claim to save money. Since you can't sue in return, there are really no legal ramifications for the insurance company or your employer.

    After a workplace injury in Georgia, an Atlanta personal injury attorney can analyze your medical records, assess your lost wages and even factor in the effects your injury will have on your long-term health and ability to work. This will help hold your employer and its Workers' Compensation representatives accountable for the full amount of compensation you deserve.

    Only in very rare situations can an employee sue an employer for a workplace injury. But you may be able to sue a third party for a workplace injury in Georgia. Team up with your Atlanta personal injury attorney to determine whether either of those situations applies to your case.

    Contacting an Atlanta Personal injury attorney

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

  • Do I have to go to the medical exam that is being ordered by my insurer in connection with my Georgia personal injury claim?

    If your insurer has ordered you to go to an independent medical exam in connection with your Georgia personal injury claim, in most cases you do have to attend the exam. This is because your insurer has the legal right to request this examination, provided this was part of your original policy.

    If you are ordered to go to an independent medical exam, you can consult an Atlanta injury lawyer before attending the examination. This may help you to prepare for the exam, as well as give you some important insight about how to handle the questions you will be asked and your own legal rights.

    The purpose of the independent medial exam is to determine whether you are legitimately entitled to receive medical benefits as well as the extent of your injuries. If it is determined that you are no longer injured as you have claimed, or that you may have had a pre-existing condition, your insurer may use this information to deny you compensation.

    However, if you are ordered to take an examination, your Atlanta injury lawyer can ask for the exam to be delayed, and insist that an impartial observer is present during the independent medical exam. This can help prevent the examiner from making an unfair determination.

    When you attend an independent medical exam, you should be honest with the examiner about your former health issues, as well as the facts about how your injury occurred. If you misrepresent any information during the exam, your insurer can use this information to deny your medical benefits. If your medical benefits are denied for any reason, you should immediately get the help of your Atlanta injury lawyer.

    Contacting an Atlanta 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.

  • What Should I do After Being in a Georgia Car Accident?

    If you have been in a traffic accident in Atlanta, Georgia, there are a few critical first steps you should immediately take.

    These steps can impact the validity of a personal injury claim, and include:
     

    • Remain at the accident scene.
    • Examine the extent of your injuries, as well as others involved in the accident.
    • Call the police.
    • Exchange insurance information.
    • Talk to witnesses.  


    What to Do in the Days Following an Atlanta, Georgia Car Accident

    Sometimes, depending on the extent of possible injuries, the above steps are not feasible at the accident scene. There are other steps you can take shortly after a traffic accident in Georgia that will help ensure your needs are addressed.

    These include:
     

    • Contact your insurance company: You will want to inform your insurance company of your accident as soon as possible. If you plan to offer a statement during this initial call, be sure to have your Atlanta personal injury lawyer with you.
    • Keep your medical records: If you have sought medical attention as a result of the accident, keep all documents. This will help determine the severity of your injuries.
    • Take pictures: Even if you have to take photos the following day, this will help your insurance company pinpoint an accurate dollar figure of the damage.
    • Get a damage assessment: You'll want to meet with your insurance representative to get a valuation for damages to your vehicle. To be sure you are getting the best estimate, you can also seek up to two quotes from outside vendors, either for repairs or replacement costs.
    • Hire an Atlanta personal injury attorney: After a traffic accident in Atlanta, Georgia, it is always best to use caution in regards to settlement offers and discussions with other insurance representatives.  


    An Atlanta personal injury attorney can help advise you after an Atlanta, Georgia car accident to be sure you receive 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 - 404.467.0909.

  • Can I settle my Georgia personal injury case without an attorney?

    If you've been injured in an accident, you can settle your Georgia personal injury claim without an attorney. The real question is: Would you want to? 

    If you handle your Georgia personal injury claim on your own, you're going up against insurance company adjusters who handle claims for a living. Without the proper training and experience, you lack the instincts to make informed decisions, especially when it comes to accepting a settlement offer.

    There is no set formula for what you may receive in a Georgia personal injury claim.
    One of the main advantages of choosing an Atlanta personal injury attorney is their ability to recognize the total effect your injuries have had on your life, and to seek damages for those losses. This can sometimes be hard to prove without proper resources and legal knowledge.

    Some losses an Atlanta personal injury attorney may seek damages for include, but are not limited to:
     

    • medical bills;
    • disability;
    • lost wages; and
    • pain and suffering. 


    An insurance company adjuster's main goal is to settle a Georgia personal injury claim while watching their company's bottom line. So your best interests are not at the top of their priorities. Insurance adjusters also have an entire workday to devote to your Georgia personal injury claim, while you may be dealing with a vast array of distractions, such as work, family life, and recovery from your injuries.

    The only time you may want to settle a Georgia personal injury claim on your own is if you have sought legal counsel from an Atlanta personal injury attorney and were so advised. This will only happen when an Atlanta personal injury attorney expects you will not receive a higher offer even with legal representation.

    The choice is yours when it comes to settling your Georgia personal injury claim. In any case, you should seek the advice of an Atlanta personal injury attorney before making a hasty decision.

    When to Contact an Atlanta Personal Injury Attorney

    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.

  • Do I have to pay back my insurance company for paying my medical bills after an accident?

    If you have been in an accident, the answer to whether you would have to reimburse your health insurance company for your medical bills is, it depends.

    In short, if your insurance company is regulated under Georgia law, chances are, you will usually not have to pay back your medical bills. If your health plan is regulated under federal law, you may be required to use your claim to reimburse payments made by your insurer. 

    Georgia-Regulated Insurance Plans

    Under the state's Reimbursement Statue that dates to 1997, the only time a Georgia-regulated health insurance company can request reimbursement for medical expenses is if the person was already fully compensated for injuries from a liable party. This statute is based on whether or not you as the accident victim were "made whole" by your compensation. Your Atlanta personal injury lawyer can explain how this may affect your claim.

    Federally Regulated Insurance Plans

    In the case of federally regulated health insurance plans, such as a self-funded ERISA plan, Medicare, or Medicaid, you may be required to pay the insurance company for your medical bills. The only consolation is federally regulated programs can reduce, or even release your medical bills.

    What an Atlanta Personal Injury Lawyer Can Do To Help Your Claim

    If you've been in a car accident, you may want to at least consult with an Atlanta personal injury lawyer to discuss the possibility of a Georgia personal injury claim. In addition to seeking damages to address your medical expenses, an Atlanta personal injury lawyer may also be able to seek compensation for lost wages and non-monetary damages, such as pain and suffering.

    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.

  • Can I be found liable if I'm rear-ended in a car accident in Georgia?

    The liability in a Georgia car accident claim where you have been rear-ended usually rests on the driver that hit you. This is because every driver should be able to stop a safe distance from vehicles in front of them. If a driver could not stop and rear-ended your vehicle, they were likely driving at excessive speeds, distracted, or following too closely.

    For you to be held liable for being rear-ended in a Georgia car accident, the defendant would have to provide evidence that your actions while driving caused them to hit you
    even though they were driving undistracted at the proper speed and distance. To do so, they would need very convincing witness testimonials and police reports.

    While it's very uncommon for you as the victim of the Georgia car accident to be found liable when you have been rear-ended, that does not mean it cannot happen. One example where you may be found to share at least part of the fault in a Georgia car accident in which you were rear-ended may include if you had brake lights that failed to work and you were aware of the issue but neglected to address it.

    If you are found to have violated a traffic law, you may be liable for the accident as well. For the best advice on your Georgia car accident and filing a personal injury claim, you should speak to an experienced Atlanta personal injury lawyer.

    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 FREE consultation on your injury claim.

  • Should I hire an attorney to help me with my Georgia truck accident claim?

    You should hire an experienced Atlanta truck accident lawyer to help you with your Georgia truck accident claim if it has resulted in the wrongful death of a loved one or if you have sustained a serious and life changing injury because of the truck crash.

    An Atlanta truck accident lawyer can help protect your legal rights during the often complicated Georgia truck accident claims process. Truck accident cases are more complex than most personal injury claims because of the complexities of federal laws governing interstate truck commerce and safety as well as the distinct possibility that one or more parties may be ultimately liable for your truck accident injuries. 

    There is also a lot of evidence you will need to gather to help substantiate your Georgia truck accident claim that may be difficult for you to obtain on your own. This can include the log books or electronic records from the truck itself as well as the vehicle's maintenance records, information about the driver, and so on.

    An experienced Atlanta truck accident lawyer knows what kind of evidence to look for and what may constitute negligence on behalf of the trucking company itself as well as other potential third parties based on the specifics of your truck accident.

    Because of the complexity of these types of cases, working with an attorney is recommended only in cases of severe injury or the death of a loved one. If your injuries and property damage are minor, you can most likely settle with the insurance company on your own, though it still might be a good idea to at least consult with an Atlanta truck accident lawyer about your options.

    Attempting to settle with the truck company's insurance carrier is not a good idea for severe injuries as they will not take into account the full spectrum of your injuries, including long-term care. If you have an Atlanta truck accident lawyer working on your side, you will have a personal advocate working for a settlement that will address your current and future medical needs as well as quality of life issues.  

    Contacting an Atlanta Truck Accident Lawyer

    If you or your loved one has been the victim of someone else's negligence or carelessness, in a Georgia truck 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.