Personal injuries can happen in many different ways and circumstances. Accidents can include a slip and fall at work, manufacturing defect accidents, trucking or car accidents, and medical errors. However, not all accidents and injuries are the result of someone else’s negligence, and therefore not all accidents can result in a personal injury claim. In order to have a strong personal injury claim, an individual must have suffered injuries due to the carelessness, recklessness, or negligence of another party, which could be an individual, a corporation, or another entity such as a local government department. Oftentimes those who got hurt in a personal injury accident suffer from injuries that can be physically painful and/or emotionally distressing. Some accident victims could be permanently affected by an injury and may not be able to return to work or even live an independent life. An Atlanta personal injury lawyer at The Sessions Law Firm can help.
Whether your accident happened at work, in a residence, or on business property, you may have the right to pursue compensation for your injuries and losses. If someone else caused your injuries as a result of their negligence, the negligent party should make you whole again. We understand that you might feel helpless and frustrated now, but you do not have to go through this on your own. The Sessions Law Firm can fight for your right to fair compensation. Call us today for a free consultation and let us help you understand your legal rights (470) 225-7710.
Types of Personal Injury Claims in Atlanta
There are many different types of personal injury claims that may occur as a result of someone else’s negligence.
Personal Injuries in the Workplace
Atlanta is home to a number of industries and many well-known corporations such as Coca-Cola, the Home Depot, and Delta Airlines. According to the United States Bureau of Labor Statistics, the Atlanta area employs around 130,800 construction workers, 161,600 manufacturing workers, as well as a high percentage of trade and utility workers. Construction traditionally ranks at number one for the highest number of work accidents. According to the National Safety Council, the construction industry had the highest number of fatalities when compared to all other industries in 2018.
Construction accidents can be horrific. Workers may fall from great heights or end up crushed in manufacturing, electrical or industrial equipment. However, not only construction workers are at risk of injuries in the workplace. While we might assume that working in an office or retail can be a relatively safe profession, this is not necessarily the case. Accidents can happen in all workplaces as well as other premises in Atlanta, as a result of someone else’s negligence. A simple accident in the workplace may result in an employee losing months of work and income.
Workers’ Compensation and Personal Injury Cases
While workers generally have the opportunity to claim medical expenses and benefits through their workers’ compensation program, there are some instances in which they should consider filing a personal injury lawsuit. If you suffered a work injury due to the negligence of a third-party, such as another contractor on site or property owner, you could potentially have a strong personal injury claim and recover compensation for your injuries and losses. You could also hold your employer responsible for your damages if they do not carry workers’ compensation coverage.
Motor Vehicle Accidents
However, the workplace is not the only location where individuals can get hurt due to no fault of their own. Personal injury claims can cover a wide range of accidents and negligent acts, including motor vehicle accidents. Motor vehicle accidents can include passenger vehicle accidents, accidents with trucks and other commercial vehicles, or accidents with motorcyclists. Pedestrians and bicyclists can also file personal injury lawsuits if another motorist negligently caused their injuries. If you or a family member suffered injuries in a motor vehicle accident with a reckless or careless driver, you should contact an experienced Atlanta personal injury lawyer as soon as possible. A personal injury lawyer can help you better understand your legal rights.
Slip and Fall Accidents
Slip and fall cases fall under the broad category of premises liability law. A property owner in Atlanta may be liable for accidents that happen on their premises in certain circumstances. Slip and falls can happen practically anywhere in the city, including restaurants, malls, grocery stores, apartment complexes, and government buildings, among many others. If a property owner or representative failed to remove a dangerous or hazardous condition, and a member of the public or customer suffers an injury as a result, the victim may have a strong personal injury case under premises liability law. A property owner could be liable for a victim’s injuries and expenses. Dangerous conditions can include, among many others:
- Wet floors
- Broken floorboards
- Inadequate lighting
- Frayed or bulging carpeting
- Cluttered walking surfaces
- Missing stairs
According to the Centers for Disease Control and Prevention (CDC), falls can cause debilitating injuries, especially in older adults, potentially reducing their ability to live independently.
Violent crimes are all too common in Atlanta, Georgia now. Unfortunately, the number of violent crimes seems to be out of control, and if we rely solely upon law enforcement to get control of violent crimes, it probably will not occur. In order for violent crimes (robberies, shootings, stabbings, thefts, etc.) to be controlled, we must insist upon corporations taking appropriate steps to ensure the safety of people that are on their property. For-profit corporations need to be held accountable for the safety of people that are lawfully on their property. Negligent security claims, similar to slip and falls, fall under premises liability law. A business or property owner in Atlanta has the responsibility to provide adequate security to anyone legally on their property. If an individual suffers injuries or harm in an attack, assault, or other violent crime, they could potentially hold a property owner responsible for their injuries and other damages. Negligent security can be challenging and legally complicated to prove. A victim will essentially have to show evidence that a business owner knew or should have known that an assault or robbery was likely to occur. However, an experienced injury lawyer in Atlanta has the experience to understand how to handle negligent security claims and can fight for victims’ rights to justice and compensation.
It is crucial for your attorney to understand how to discover that the property owner knew or should have known about the danger on the premises. While most Atlanta residents recognize the increase in the level of crime throughout the city, in order to maintain your negligent security claim, you must show that the property owner should have known about and taken steps to protect against the act that caused your injury.
Unfortunately, medical errors are no rarity in Atlanta, Georgia. According to a study by Johns Hopkins University, medical malpractice is now the third leading cause of death in the country, behind only the two big killers – heart disease and cancer. Medical malpractice is a large field as it includes any kind of event that arises due to a medical practitioner’s negligence in not applying a certain “standard of care”. Examples can include:
- Misdiagnosis and failure to diagnose
- Surgery mistakes
- Birth injuries
- Medication errors
- Discharging a patient too early
- Misreading laboratory results
Medical malpractice cases can be complicated as well as lengthy to litigate, often requiring expert witnesses.
Defective Product Claims
Product defects can arise during the design as well as the manufacture of a product. In some cases, a claim can also arise with a so-called marketing defect or “failure to warn” users. If a product is unsafe to use and causes injuries, a plaintiff could potentially hold a manufacturer or other liable party responsible for their injuries and losses. Product liability issues can potentially arise with a multitude of products, including car parts, medications, electrical appliances, children’s toys, and many other products we all use on a daily basis. According to Investopedia, some of the high profile product liability claims to date include car parts, tobacco products, silicone breast implants, and asbestos-containing building materials.
If an individual suffered harm through the negligence of another or through a deliberate act and subsequently died, the family could have legal recourse. A wrongful death lawsuit allows close relatives of the deceased to recover compensation for various expenses and loss of financial support from their loved one. Families could also potentially receive compensation for funeral expenses, mental anguish, loss of companionship, and loss of parental guidance for any minor children. A wrongful death lawsuit is essentially a personal injury lawsuit where the plaintiff has passed away. A family member or representative of an estate will take their place as plaintiff.
This list of potential personal injury claims is by no means exhaustive. Others can include nursing home abuse and neglect, aviation and boating accidents, and dog attacks. Personal injury claims could potentially arise in any situation where another individual, company, or other entity, negligently caused a victim’s injuries and expenses. An experienced Atlanta personal injury lawyer knows how to handle a variety of personal injury claims. If you would like to find out whether you have a personal injury claim and could recover compensation, contact an experienced personal injury attorney in Atlanta at the Sessions Law Firm today at (470) 225-7710.
Injuries and Medical Treatments in Personal Injury Cases
According to the United States Bureau of Labor Statistics, workplace accidents accounted for 186 fatalities in Georgia in 2018. Transport accidents as well as slip and falls top this list for types of workplace injuries in Atlanta. Those that survive work accidents may suffer from the effects of an injury for the rest of their lives and may not be able to return to their job. Types of injuries workers in Atlanta may experience in a work accident can include:
- Bone fractures or bone breaks
- Neck injuries
- Traumatic brain injuries
- Nerve damage
- Internal organ damage
- Spinal cord injuries
- Cuts and lacerations
- Dislocations and sprains
Medical Treatments for Work Injuries
Some injuries can take months to heal and require a range of medical treatments. Complicated fractures might need multiple surgeries and weeks or months of costly physiotherapy sessions. When cuts and lacerations are deep, a worker may risk sepsis, disfigurement, or even permanent scarring without appropriate plastic surgery. Amputations are very serious and a worker who had to have a limb amputated may need ongoing treatment for physical complications as well as psychological counseling.
A severe workplace injury will not only affect the physical and emotional well-being of an individual but can also cause great expense and financial hardship for entire families. If you suffered serious injuries, consult with your experienced Atlanta personal injury lawyer, The Sessions Law Firm. We are determined to help you get the compensation you deserve under the law.
Injuries Outside of Work
Personal injury claims can also arise outside of the workplace. According to the CDC, unintentional accidents and injuries resulted in 29.4 million visits to emergency departments in 2017 alone. Individuals who got hurt in a car accident, or a slip and fall accident, could suffer from any of these common injuries, and others:
- Traumatic brain injury (TBI)
- Soft tissue injuries
- Spinal cord injuries
- Back injuries
- Bone fractures
- Internal injuries
- Arm and leg injuries
Simply slipping on carelessly discarded ice cubes by an employee on a restaurant floor can have devastating consequences for a customer. The victim could potentially break a major bone in the body, such as the pelvis, and end up incapacitated and unable to work for months. Treatments for major injuries such as spinal cord injuries, head, and brain injuries, or internal organ damage, can be painful and require many follow-up appointments. However, if the accident and injury happened due to someone else’s negligence, a victim might have legal recourse and could potentially recover compensation for their expenses and suffering.
Compensation in Personal Injury Claims
If you suffered major injuries at work or outside of work in Atlanta due to another individual, company, or another party’s negligence, you should contact an experienced personal injury lawyer to discuss your options. You could potentially recover compensation, including:
- Medical expenses
- Loss of income
- Property damage
- Out-of-pocket expenses
- Rehabilitative therapies
- Modifications to your home and car
- A home health aide
- Pain and suffering
- Punitive damages
Dealing with Insurance Companies After an Accident
Dealing with insurance companies after you suffered injuries in an accident due to someone else’s negligence can be frustrating and challenging. While it can be important to contact your own insurance company for help immediately, accident victims have to be careful when it comes to dealing with the at-fault party’s insurance.
Insurance adjusters typically work in the insurance company’s best interests and will try to keep any payouts to victims as low as possible. This means dealing with the at-fault party’s insurance can be tricky. You never want to do anything that could compromise your ability to recover adequate compensation for your damages. Therefore, we recommend that you:
- Do not give a recorded statement to the at-fault party’s insurance company before speaking to an attorney
- Consider allowing a personal injury lawyer handle settlement negotiations and communication with the insurances
- Do not verbally or in writing agree to any settlements until you consider checking the terms and amounts with a lawyer
- Do not settle with an insurance company before you know what treatments and costs your injuries may require in the future
Your best step after an accident may be to contact an experienced personal injury lawyer in Atlanta who can protect your rights and advise you on how to handle the insurance company. Our experienced attorneys know the steps necessary to protect you and your loved ones and will work tirelessly for defending your best interests. Contact the Sessions Law Firm now to help you better understand your legal rights at (470) 225-7710.
Health Insurance and Personal Injury Cases
If you suffered significant injuries in an accident, you will more than likely have significant medical bills to match. Unfortunately, upfront medical expenses will generally be your responsibility at first, since it could be months before you receive a settlement from the negligent party in a lawsuit. Therefore, if you have medical costs, your private health insurance should pay for any treatments and other needs initially. Later on, if you receive a settlement, you will most likely have to reimburse your private insurance company for some or all of these costs, under a legal process known as subrogation.
Remember, if you fail to negotiate a large settlement with an insurance company, or file a lawsuit, you may be left with considerable healthcare expenses, depending on your circumstances and health insurance plan. You will be responsible for paying any deductibles as well as co-pay. Your health insurance may also not pay for all of your costs such as medical devices, rehabilitation costs, or any help you might need in your own home. You could still be left to pay substantial out-of-pocket costs for injuries and losses related to someone else’s negligence.
Also, consider that you could possibly recover non-economic damages with a personal injury lawsuit. This can include amounts for any physical pain and emotional distress, as well as the loss of quality of life. An experienced injury lawyer from the Sessions Law Firm can help victims achieve the compensation they deserve under the law.
Actions to Take Immediately After an Injury
In order to preserve your legal rights and the chance for recovering compensation, you should take certain actions immediately after an accident. Depending on your particular accident and circumstances, this should include:
Seeking Medical Help
If you did not get medical attention at your accident scene, you should visit a medical professional immediately after your accident or as soon as possible. Even if you suffered a minor injury or symptoms, a doctor or other medical professional can rule out that you do not have an undetected serious or life-threatening condition. A medical report from a healthcare professional will also serve as evidence of your injuries and losses if you sue the responsible party at a later time.
Filing a Workers’ Compensation Claim
If you suffered injuries at work, you should file a worker’s compensation claim as soon as possible. Workers’ compensation benefits will help you with your medical bills almost instantly. However, it can take some time for other benefits to come through. The sooner you apply, the sooner you can get help. If you have suffered injuries through the negligence of a third-party at work, such as another contractor, consider contacting a lawyer immediately, as you could file a personal injury lawsuit and recover additional compensation.
Contacting the Insurance Companies
If you suffered injuries in a car accident, you should contact your own car insurance to find out what help they can offer now with any upfront costs, such as car rental, medical expenses, and other bills. You will also want to contact your health insurance for help with any medical bills arising from an accident.
Contacting a Personal Injury Lawyer
Consider consulting with an experienced injury lawyer right away after your accident in Atlanta. A personal injury lawyer will be able to guide and protect your legal rights, assess your legal options, and can help you get what you deserve.
How Do You File a Personal Injury Claim?
While you can file a personal injury claim on your own, consider starting the process by speaking to an experienced personal injury lawyer in Atlanta. Do not wait to take advantage of a free legal consultation and start the process of getting justice as soon as you can. Georgia’s Statute Section 9-3-33 generally gives you only two years to file a personal injury lawsuit, under an established statute of limitations law. If you suffered from serious injuries and a long recovery period, two years is an incredibly short period of time to conduct an independent investigation and develop a strong personal injury case.
Demystifying a Consultation with a Lawyer
The personal injury process usually begins with a consultation. Your lawyer will discuss the relevant details of your claim and assess all of your legal options. The Sessions Law Firm offers free consultations to help you get clear on any legal options and help you ensure your legal rights remain protected regarding your potential personal injury claim.
Negotiating With the Insurance Company
An experienced personal injury attorney will be able to negotiate on your behalf with an insurance company in order to receive the compensation you deserve under the law.
Filing the Relevant Court Documents
If you decide the insurance company settlement offer is not fair or just, you have the legal right to sue. While you can go through this process alone, an experienced personal injury lawyer will file the necessary court documents and serve a complaint on your behalf. A complaint will include information on the accident, negligence of the other party, as well as a list of your injuries and damages. You will be named as the plaintiff and the other party as the defendant.
Once your lawyer filed the personal injury lawsuit, a defendant will usually file an answer to the complaint and the suit will go to the next stages. The following stages can include the exchange of evidence (“discovery”), pre-trial hearings, settlement negotiations, and potentially a trial if an out-of-court settlement cannot be agreed upon.
While court cases can end up expensive, The Sessions Law Firm will ensure that cost is not a barrier for accident victims seeking justice. We can fight for your rights without you taking on financial risks by working on a contingency basis, which means we do not collect a fee unless and until we win your case.
How Much Will Filing a Claim in a Court of Law Cost?
Costs for a personal injury claim can vary depending on several factors. The filing fee for the actual suit can cost a few hundred dollars. Other miscellaneous costs can include administrative fees, such as for copying, postage, legal research, and costs associated with pulling certain documents required for a lawsuit. While personal injury claims are typically resolved out of court, some do make it all the way to trial. When it comes to trial, additional costs may apply. Court costs could include transcription fees, expert witness fees, and others. Some claims, such as medical malpractice, can be extremely costly to litigate.
Attorney’s fees will vary from one law firm to another and can depend on the type of claim. Some law firms work with a contingency agreement and others for an hourly fee or a retainer. It is important that you raise the topic of fees in the initial consultation so that you know your upfront costs and the financial risks you may be taking with a lawsuit. While many law firms work on personal injury claims with a contingency fee agreement, you could still be liable for other miscellaneous costs such as court filing and administrative fees.
When you work with the Sessions Law Firm, you will not run into any unpleasant surprises down the line. We will be honest and upfront about all aspects of your potential claim including our fees, so you can make an informed decision on how to proceed.
We Are Here to Help
The Sessions Law Firm is proud of the accolades they have received over the years including the following honors:
- Selection to Top 100 – Georgia’s Super Lawyers® – 2022
- Selection to Top 100 – Georgia’s Super Lawyers® – 2021
- Selection to Top 100 – Georgia’s Super Lawyers® – 2020
- Selection to Top 100 – Georgia’s Super Lawyers® – 2019
- Selection to Georgia’s Super Lawyers® – 2019
- Inclusion in Georgia Trend’s Legal Elite
- Selection to Georgia’s Super Lawyers® – 2018
- Selection to Georgia’s Super Lawyers® – 2017
- Selection to Georgia’s Super Lawyers® – 2016
- Selection to Georgia’s Super Lawyers® – 2015
- AVVO – Superb (10.0) Rating
If someone else recklessly caused you harm, injuries, and financial losses, you should not be left to struggle with medical bills, property damage, loss of wages, pain, and suffering, and other expenses on your own. Our experienced personal injury attorneys can help you hold the negligent party responsible for your injuries and losses. We will be by your side every step of the way through the entire legal process, always with your best interests at heart.
The Sessions Law Firm differs from other firms in that we will take our time getting to know you, listening to your concerns, and answering your questions sincerely and honestly. We want to learn as much as possible about you and your particular accident claim, as this will help us offer truly personalized assistance. If you are looking for experienced, personable, and passionate legal representation, then we are the right firm for you.
Find out how we can help you fight for your rights by calling the Sessions Law Firm now to arrange a free, no-obligation consultation at (470) 225-7710.