By: Lindsey Macon, Atlanta accident lawyer and McArthur Law Firm Partner, Rated by Georgia Super Lawyers
In 2021, two thousand and twenty (2020) people died on Georgia’s roadways, with about one of every 7 deaths being for a pedestrian. Then again in 2022, nearly that same number perished on Peach State’s roadways with 1982 deaths, according to the Georgia Department of Transportation.
The Atlanta Journal article covering this story emphasized that these numbers mean that an average of 5 per day are dying, consistently. The following details for various types of deaths included this information:
Some of the more eye-opening findings from analyzing G.D.O.T. data from 2022 motor vehicle fatalities include:
“Speed played a role in 16% of the vehicle fatalities.
Aggressive driving was a factor in one of every five fatality cases.
About 18% of all traffic crash fatalities in Georgia are related to suspected impairment while driving
More than half (62%) of those who died in 2022 were either not wearing a seatbelt or the officer on the scene could not determine if they were.
Among those who died, 17% or 339 were pedestrians.”
So, these dismal car wreck numbers put car accident cases as the #1 cause of death in Georgia. This is one reason that Atlanta injury law is so robust, since about half of all the accidents are car accidents in Atlanta “metro” and occur in the 19 county metro Atlanta area while the other half of these numbers are spread out over the other 140 counties.
Our personal injury lawyers in Atlanta limit our law practice to helping those injured or killed because of negligence or recklessness, such as in car accident claims. Read more below and be aware that our FREE consultation policy means that it costs you nothing to discuss your pending case.
What Common Injuries Do Victims Suffer in Atlanta Accidents?
An accident in Atlanta can result in numerous types of injuries. Often, the kind and severity of your injuries are largely influenced by factors such as the accident’s circumstances (e.g., how heavy was your vehicle as opposed to the other one), the impact’s force, your general health, and age, among others.
These categories of injuries or bodily damages were suffered in our Law Firm’s case files:
- Tooth breakage or loss, shattered dentures, or lacerations to the lips or nose.
- Bone fractures, dislocations, and breaks
- Soft tissue damage that resulted in work absence, including whiplash from being hit from behind.
- Traumatic limb loss and different degrees of body compression injuries
- Harm to internal organs or connective tissue structures.
- Scrapes, severe bruising, open injuries to the face, neck, or skull
- Eye damage or total loss of vision
- Traumatic brain injury damage and fractures in various areas of a client’s head
- Spinal cord damage, varying from bruising to complete severing of the spinal cord.
- Neck damage and whiplash
- Injuries resulting from fire burns or chemical burns.
Injuries can vary in severity and treatment, so it’s important to get medical help quickly. In case you’ve been injured because of another person’s negligence, consulting with a top-rated accident lawyer in Atlanta about pursuing damages (and reclaiming any outstanding medical expenses) is a wise step before the statute of limitations runs out.
How Can I Ascertain If I Have a Valid Claim? Establishing Blame for an Accident in Atlanta
Personal injuries usually happen by accident, meaning the person who caused harm didn’t mean to. But even if it wasn’t on purpose, they can still be held responsible in court for being careless or reckless. So, if someone’s actions cause someone else to get hurt, they can be made to pay for the harm they caused.
The senior partner at McArthur Law Firm, Atlanta accident attorney Kathy McArthur, has repeatedly been rated as one of the top 10 personal injury lawyers in Atlanta because her recognition is for the entire State of Georgia.
Personal injury cases focus on the defendant’s actions causing the plaintiff’s injuries, including car accidents, slip and falls, and medical malpractice. Individuals can be held legally responsible for compensating others if their actions cause harm.
Personal injury cases are complex and require a thorough investigation to determine liability. Our legal team members and investigators investigate thoroughly (by immediately going to the accident scene) to determine the cause of the accident and the severity of our client’s injuries. Personal injury cases aim to compensate the injured party and hold wrongdoers accountable for their actions.
In Atlanta, personal injury cases usually involve negligence. This means someone failed to protect another person’s safety, causing them harm and bodily injury which creates a legal right to seek damages by virtue of their actions. Most injury claims in Georgia (like most other states) happen while operating a motor vehicle.
This person had a duty to care for the injured party but didn’t fulfill it. As a result, the injured person can seek compensation for his or her losses. This is called a personal injury claim for unpaid medical bills, loss of wages while out of work, pain and suffering from the injuries inflicted, and a few more categories of potential reimbursement or recovery.
What is the Value of My Atlanta Personal Injury Case in Georgia?
The amount of money you could get from your personal injury case in Atlanta, or anywhere else, depends on many things. It’s hard to say exactly how much the case is worth without looking at all the details.
The value of personal injury cases can be very different depending on what happened. In an Atlanta wrongful death case, much more is at stake. As a general rule, filing a personal injury case in court is usually not done until initial efforts to settle a case out of court occur.
Below are some crucial elements that an automobile accident attorney will examine, which can impact the possible worth of your personal injury lawsuit in Atlanta:
- Injury Severity: The intensity and lasting impact of your injuries significantly influence your case’s worth. Typically, more serious injuries lead to greater compensation.
- Healthcare Costs: The expenses related to your medical care, encompassing past and future costs, can notably affect your case’s value. This might include hospital charges, surgeries, rehabilitation, and continuous care.
- Income Loss: If your injuries have led to you being absent from work, or have decreased your earning ability, you might be eligible for compensation for lost earnings and future income potential.
- Emotional and Physical Distress: Non-economic damages, such as physical discomfort (often called “pain and suffering”), emotional trauma, and reduced life quality, can also add to your case’s overall value.
- Property Loss: If your case involves damage to your vehicle or personal belongings, the repair or replacement cost will be considered in the value.
- Fault and Carelessness: Determining the fault of the responsible party is vital. If their carelessness is evident, it may fortify your case and possibly lead to increased compensation.
- Insurance Limitations: The insurance policy boundaries of the responsible party can affect the maximum compensation you can receive.
- Recovery Time: The duration of your recovery and whether your injuries lead to long-term disability or impairments can influence your case’s value.
- Shared Fault: If you are partially responsible for the accident, Georgia’s shared fault laws may decrease the compensation you can obtain.
- Legal Aid: The caliber of your legal aid can also be a factor. A seasoned personal injury lawyer may be able to negotiate a larger settlement or achieve a more favorable result whether or not your case proceeds to a court trial. Car insurers keep track on all of the top personal injury attorneys and have made notes when their low offers turned into high jury verdicts when a jury decided the issues.
- Punitive Damages: In certain cases, punitive damages for an accident may be granted if the responsible party’s behavior is exceptionally outrageous. However, punitive damages are relatively uncommon and are meant to penalize the offender.
For a precise evaluation of your personal injury case’s potential worth in Atlanta, it’s crucial to seek advice from a seasoned personal injury lawyer. They can assess the unique details of your case, consider the aforementioned factors, and offer you a practical estimate of your case’s potential value. Remember, every case is distinct, and the result will hinge on the specific facts and situations at hand.
What is the Cost to Hire a Personal Injury Lawyer in Atlanta?
How does “nothing up front” sound to you? The lawyers at McArthur Law Firm (MLF) operate on a contingency fee structure.
This is a common fee agreement in accident and injury legal matters in all states, especially for personal injury lawsuits. This method is far more acceptable than hourly fees because it enables clients to engage a top quality lawyer without the need for any immediate payment or hourly charges.
Under this arrangement, the lawyer’s fees hinge upon (rely on) a percentage fee from the case’s result. Here’s an explanation of how contingency fees function:
- Engaging an attorney from MLF doesn’t require any immediate payment. This is beneficial for individuals who initially lack the funds to hire a lawyer. The lawyer is only paid if they win. Our Law Firm pays for all legal costs, which can range from $10,000 to over $100,000. After the case ends, the law firm gets the money back that they gave in advance. They also get a portion of the settlement money as payment for their work.
- This method of “financing” case litigation costs (to be recouped after the case is concluded), allows top-shelf legal representation to be accessible for those clients who would not be able to pay upfront.
Lawyers are paid based on winning cases and receiving a percentage of the settlement or court award.
- Contingency fee arrangements make sure that lawyers work hard to win cases because they only get paid if they win. This helps clients because they only have to pay if they win and get compensation. It also makes legal help more available to people who may not have enough money to pay for it otherwise.
In your complimentary first meeting with our lawyers, our Georgia lawyers will provide a comprehensive explanation of our no-win, no-fee policy and outline all conditions in a written contract, including the lawyer’s fee percentage and any related costs.
In addition, our attorneys in GA will have an in-depth discussion with you to make sure you fully comprehend how the charges will be determined and settled when the litigation is concluded. So, why not reach out to us today for a free consultation in which we review your case to determine if this payment model is suitable for your particular case and situation.
How Long until My Atlanta Injury Case is Resolved?
How long a personal injury case in Atlanta takes to settle can vary depending on different factors. Each case is different, and many things can affect how long it takes.
Some important factors that can impact the time it takes to settle your personal injury case in Atlanta include:
- How severe your injuries are: The seriousness of your injuries can greatly affect how long it takes. Cases involving severe injuries may need more time for recovery and medical treatment, which can make the case last longer.
- Type of Case: The nature of your personal injury claim is significant. Certain cases, like simple car crashes, might be settled faster than intricate birth injury malpractice cases, other medical negligence lawsuits, or product liability claims.
- Liability and Disputes: If it’s not clear who is responsible, the case can take longer to resolve. Finding out who is at fault involves looking for evidence, which can be time-consuming.
- Engagement with Insurance Firms: Dealing with insurance firms can be a lengthy procedure. Certain insurers might be more accommodating and swifter to resolve, whereas others may be more obstinate, resulting in prolonged discussions.
- Legal Process: The legal process involves multiple stages, including the commencement of a lawsuit, collection of proof, pre-trial motions, and potentially a court trial. Some less serious (and undisputed) aspects of a case may be quickly resolved (e.g., settling property damage with the at-fault party’s insurance company). After that, though, each of these stages can extend the length of the case.
- Complicated Cases: Cases that involve many people, experts, or difficult legal problems can take a long time to solve.
- Parties can use mediation or other methods to resolve conflicts faster. However, scheduling and conducting them may still take some time.
- Judicial Calendars: The timeline can be influenced by the court’s agenda and backlog. Courts might have a multitude of cases on their calendars, resulting in postponements in arranging hearings and trials.
- Negotiations can take a long time, especially if there are many rounds to reach a fair agreement.
- Appeals can be made if either party is unhappy with the decision, which may prolong the process of concluding the case due to the inherent bureaucracy involved in personal injury appeals.
It’s important to work closely with your personal injury lawyer in Atlanta to understand how long your case might take. They can give you advice based on your situation and explain what factors could affect how long it lasts.
While you may want your car accident lawyer to find a quick solution, it’s more important to focus on getting a fair outcome. Your lawyer will work hard to get the best result for you. Remember, it can take time to reach a fair resolution, especially in complicated cases.
Recovering Compensation If I’m Partly at Fault: Understanding Comparative Fault Under GA Laws
In a personal injury case, the person suing (plaintiff) must prove that the other person (defendant) caused the accident. A personal injury lawyer in Atlanta needs to show enough evidence that the defendant’s actions directly led to the accident. The defendant may say that the plaintiff’s own actions also caused the accident, making them partly responsible for their injuries.
In Georgia, civil courts (and their juries) decide who is at fault in an accident. If our client is less than 50% at fault, she or he can still recover money for their injuries. Georgia law calls for the amount you receive to possibly be reduced based if you were also partially at fault, up to a point.
If the Plaintiff is found to be more than 50% at fault, the claimant is not legally entitled to receive money for your injuries from that jury verdict. This is codified in Georgia Code Section 51-12-33.
In our Atlanta location, three full-time Atlanta personal injury attorneys (including the author) can act as your injury attorneys in Atlanta.
With a FREE Consultation to Find Out More, Why Wait any Longer to Call?
Contact our Atlanta office for a free consultation. Dial 404-565-1621 to speak with a lawyer. Our staff of legal professionals can discuss your case facts and see how we can help you seek justice and fair compensation for your injuries. Remember that we take on the financial risk and do not get paid until you win your case.
Our Atlanta MLF team of attorneys is committed to listening to your facts, and then (if we take your case) diligently collecting the needed proof to support your case, and then negotiating with insurance firms, and, if required, standing up for you in trial court to defend your rights.
