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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  • What is an out of court settlement?

    When you agree to an out of court settlement for your Georgia personal injury claim you are choosing to avoid taking your case to trial. In an out of court settlement no judge or jury will be present in the decision process of your Georgia personal injury claim.

    An out of court settlement is also known as a negotiated settlement and involves both parties, as well as their attorneys and, in some cases, a conflict mediator. There are advantages and disadvantages to the out of court settlement process and many reasons why either party may seek this type of resolution.

    In some cases, one or more parties may wish to keep the details of the Georgia personal injury claim private and out of court records. Out of court settlements also result in lower legal fees and negate court fees, so they may allow for a more substantial settlement amount to the plaintiff.

    When you are unsure about whether an out of court settlement is appropriate for your Georgia personal injury claim, you should consult with an 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 for which you may be eligible, contact the Atlanta Law Offices of Sheryl L. Burke for a no-cost consultation on your injury claim.

  • How do I know if I've been offered a fair settlement for my injuries?

    The fairness of a settlement is open to interpretation by both sides of your personal injury claim. The insurance company will have their own idea of what's fair, which is normally much lower than what you are expecting from your settlement. Reviewing a settlement offer with an experienced Atlanta personal injury attorney is your best bet to determine the fairness of a settlement.

    A fair settlement takes into consideration your past and future financial hardships following a serious injury, as well as all avenues of compensation.
    You should provide evidence of your current and projected lost wages, current and future medical expenses, and the impact of the injury on your quality of life.

    Your Atlanta personal injury attorney will help you investigate all types of compensation that you are eligible to receive. There may be multiple parties liable for your injuries and several types of insurance coverage from which you can collect. A fair settlement will seek all damages you are entitled to from all available sources.

    When requesting fair compensation for your Georgia personal injury claim, you need to consider not only the financial burden you are already suffering because of lost wages and medical bills, but also any projected future losses. This includes your future earning potential if you are disabled and cannot work, and any further medical treatments you may need.

    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 claim.

  • What types of damages can I recover through a Georgia personal injury claim?

    You may be eligible to recover damages from a Georgia personal injury claim based on 2 main categories: economic damages and non-economic damages.

    Economic damages are related to the financial aspect of your claim.
    These damages typically include medical expenses such as hospital bills, medications, doctor visits, etc. However, certain conditions may also arise due to the injuries you sustained in an accident and you may file for these damages as well. Some common economic damages you may collect under a Georgia personal injury claim include:   

    • Loss of wages (past and future);
    • Medical expenses (past and future) related to the injury you sustained;
    • Home or car adjustment in order to accommodate your disability; and
    • Property damages. 


    Non-economic damages are related to pain and suffering you've experienced as a result of an accident.
    You may receive compensation for your anguish whether it is mental or emotional. Some common types of non-economic damages include: 

    • Psychological and emotional effects;
    • Physical suffering;
    • Trauma; and
    • Quality-of-life issues.  


    While economic damages are fairly easy to determine, determining non-economic damages is often difficult due to its subjective nature. Therefore, it is best to consult an experienced Atlanta personal injury attorney who can assist you with filing a claim for these damages and defending that claim in court if necessary.

    Contacting an Atlanta Personal Injury Attorney

    If you've been injured in an accident in Georgia due to someone else's negligence or carelessness, you have the right to pursue compensation. An experienced Atlanta personal injury attorney at the Law Offices of Sheryl L. Burke can help protect your rights and help you fight for the compensation you deserve. Contact us for a no cost consultation.

  • 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.

  • 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;
    • headache;
    • nausea;
    • dizziness;
    • blurred vision;
    • fatigue;
    • inability to recollect memories;
    • lack of concentration;
    • numbness;
    • 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.

  • What are Georgia's motorcycle insurance requirements?

    In Georgia, a motorcycle owner or rider must establish insurance in order to own or operate a motorcycle. Your motorcycle insurance is critical in the event of a motorcycle crash in Atlanta and may be your best source of securing your financial security in the event of a serious crash-related injury. This is an important-and legally necessary-investment and should not be overlooked.

    Your most viable option for establishing motorcycle insurance in Georgia will likely be to buy traditional liability insurance through any auto insurance company that is approved to provide such insurance in Georgia.

    What Motorcycle Insurance in Georgia Must Cover

    Valid motorcycle insurance in Georgia will meet the following requirements:
     

    • at least $25,000 for bodily injury or death of one person when a motorcycle crash occurs;
    • a minimum of $50,000 for bodily injury or death of at least two people in an accident; and
    • coverage for damages of at least $25,000 to one's property as a result of an accident. 


    Additionally in Georgia, as a motorcycle owner, you have to carry proof of insurance at all times when you're riding on the road. Any police office, local or state, can ask to see this when pulling someone over who's riding a motorcycle.

    Additional Georgia Motorcycle Requirements

    As another note when considering riding a motorcycle in Georgia: all riders and passengers are required to wear a safety helmet when riding in Georgia. This safety measure is intended to protect you in the event of a motorcycle crash in Atlanta.

    Contacting an Atlanta Personal Injury Lawyer

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

  • 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 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.