Georgia Personal Injury Lawyer

If you have been hurt because someone else was careless, you are probably feeling several things at once — anger, worry, and the sense that a process you did not choose is now running on a clock. It is.

Sessions & Fleischman tries cases. That matters more than it may sound: insurers price a claim in part on whether the lawyer across from them actually takes cases to verdict. Our results include a $712,500 recovery for a client whose leg was fractured in a deck collapse in Baldwin County and $485,000 for a pedestrian struck by a vehicle who required disc surgery.

WWhether you have been hurt in a car accident or suffered as a result of the negligence of a doctor, a qualified and experienced injury attorney can help you understand the legal process and your rights. Call Sessions & Fleischman, LLC, today for a free consultation.

The Georgia Law That Will Shape Your Case

Two provisions of Georgia law govern nearly every personal injury claim in this state, and either one can end an otherwise strong case.

You generally have two years to file

O.C.G.A. § 9-3-33 provides that “actions for injuries to the person shall be brought within two years after the right of action accrues.” Two variations catch people by surprise: a claim for loss of consortium carries four years, and a claim for injury to reputation carries only one. Once that period runs, the claim is gone, and the strength of the underlying case makes no difference.

Your own share of the fault can reduce or erase what you recover

Under O.C.G.A. § 51-12-33(a), the trier of fact determines the percentage of fault attributable to the plaintiff, and the judge reduces the damages award in proportion to that percentage. Subsection (g) sets a hard limit: “the plaintiff shall not be entitled to receive any damages if the plaintiff is 50 percent or more responsible for the injury or damages claimed.” That rule is why an adjuster’s early, friendly questions about what you were doing at the time are never idle conversation.

Georgia Personal Injury Cases

In Georgia, to bring a personal injury claim, you must be able to show that you were injured as a result of someone else’s negligence or intentional conduct. This means that you must be able to prove that the other party failed to act with the level of care that a reasonable person would have exercised in the same or similar circumstances, and that their failure to act caused your injuries.

To bring a successful personal injury claim in Georgia, you will generally need to establish the following elements:

1. Duty of care: You must be able to show that the other party owed you a duty of care, which is a legal obligation to act in a way that does not cause harm to others.
2. Breach of duty: You must be able to show that the other party breached this duty of care by failing to act with the level of care that a reasonable person would have exercised in the same or similar circumstances.
3. Causation: You must be able to show that the other party’s breach of duty was the cause of your injuries.
4. Damages: You must be able to show that you suffered damages as a result of the other party’s actions, such as medical bills, lost wages, or property damage.

It is important to note that personal injury claims can be complex and may involve a variety of legal issues. It is best to consult with an experienced personal injury attorney to help determine the viability of your claim and to advise you on the best course of action.

What is the process you should expect in your personal injury case?

1. Seek Medical Attention:

• Your health is the top priority. Seek immediate medical attention for your injuries. Prompt medical treatment not only ensures your well-being but also establishes a record of your injuries, which is crucial for your case.

2. Contact Sessions & Fleischman:

• Reach out to Sessions & Fleischman as soon as possible. Our experienced personal injury attorneys will provide a free consultation to assess the details of your case and advise you on the next steps.

3. Case Evaluation:

• Our legal team will conduct a comprehensive evaluation of your case. This includes gathering evidence, reviewing medical records, and assessing the impact of the injury on your life. This evaluation helps determine the strength of your case and potential compensation.

4. Demand Letter:

• In many cases, we start by sending a demand letter to the at-fault party or their insurance company. This letter outlines the details of the accident, the extent of your injuries, and the compensation you are seeking. It initiates the negotiation process.

5. Negotiation:

• • We engage in negotiations with the insurance company or the responsible party to reach a fair settlement. Our goal is to secure compensation for medical expenses, lost wages, property damage, and pain and suffering without the need for litigation.

6. Filing a Lawsuit (if necessary):

• If negotiations do not result in a satisfactory settlement, we may file a lawsuit on your behalf. This involves initiating the formal legal process, serving the defendant with legal documents, and entering the discovery phase.

7. Discovery:

• Both parties exchange information and evidence relevant to the case during the discovery phase. This may include depositions, interrogatories, and document requests. Discovery helps each side understand the strengths and weaknesses of their case.

8. Mediation:

• Prior to trial, many personal injury cases go through mediation. A neutral third party facilitates discussions between the parties to find a mutually agreeable resolution. Mediation can be an effective alternative to a court trial.

9. Trial:

• If a settlement is not reached through negotiation or mediation, the case proceeds to trial. Our experienced trial attorneys will present your case in court, advocating for your rights and seeking the compensation you deserve.

What is the value of your personal injury case?

There are several factors that can influence the value of a personal injury case:

1. The extent of the injuries: The more severe the injuries, the higher the potential value of the case.
2. The cost of medical treatment: The cost of medical treatment for the injuries sustained can significantly impact the value of the case.
3. Lost wages: If the injuries prevent the victim from working, the lost wages can be included in the damages sought.
4. Pain and suffering: Non-economic damages, such as pain and suffering, can also be included in the damages sought in a personal injury case.
5. Comparative negligence: If the victim is partially at fault for the accident, the damages may be reduced by the percentage of fault assigned to the victim.
6. Insurance coverage: The insurance coverage of the at-fault party can also influence the value of the case.

It’s important to note that every personal injury case is unique and the value of a case will depend on the specific circumstances and facts involved. An experienced personal injury attorney can help you understand the potential value of your case and advise you on the best course of action to take to seek damages.

You’ll frequently hear people discussing the valuation of personal injury cases talking about value enhancers. Value enhancers are facts in the case that increase what the case is perceived to be worth. Things that increase the value of your personal injury case can take many different forms. Value enhancers may be an extreme or graphic injury caused by the party. It could be exceptional cases of recklessness or negligence by the defendant. For example, a DUI driver in a car accident is a real value driver in most cases. It could also be a repeated pattern of failure to properly maintain a truck, for example. All those things are facts that we can look at as potential value drivers in personal injury cases, and they are by no means an exclusive list of value enhancers or value drivers. We certainly want to look for those things and, particularly, actions on behalf of the defendant or things that the defendant failed to do that could be real value drivers or enhancers.

For many of our clients, their injury severely and even catastrophically impacted the financial wellbeing of their family. The financial strain of an injury can be overwhelming, so it is not surprising that many clients are concerned with how much their personal injury case is worth.

Be careful of only valuing your personal injury case based upon a multiple of your medical expenses. It is very common for lawyers to take the total of your medical expenses and to recommend that clients settle cases for 1.5 to 3 times that amount without giving consideration to other important value drivers in a case.

Two things drive that number more than anything else: the damages rules the jury will apply, and how much coverage is actually available. We cover both in detail — what an injury case is worth under Georgia’s SB 68, and your own uninsured motorist coverage.

What are the most common types of personal injury cases?

Anytime that there is an injury that is caused by someone else’s negligence or recklessness and there are injuries resulting from that carelessness, there is a potential personal injury case. These are the most common types of personal injury cases:

1. Slip and fall accidents
2. Car accidents
3. Motorcycle accidents
4. Truck accidents
5. Medical malpractice
6. Workplace injuries
7. Dog bites
8. Defective products
9. Premises liability
10. Nursing home abuse and neglect
11. Assault and battery
12. Wrongful death

It’s important to note that the specific types of personal injury cases may vary depending on the jurisdiction and the specific circumstances of the case. These are just some of the most common types of personal injury cases that people may encounter. If you have been injured and are considering seeking legal action, it is important to speak with a qualified personal injury attorney to discuss your options and determine the best course of action.

How do I choose a personal injury lawyer?

Despite all of our technological advances, in our view, the best way to choose a personal injury lawyer remains speaking with them directly.

These are some of the considerations that we encourage people to evaluate in choosing personal injury lawyers. Obviously, some of these factors are more important than others:

Choosing the right lawyer for your personal injury case is crucial to ensuring that you receive proper representation and maximize your chances of a favorable outcome. Here are some steps you can take to select the right lawyer for your situation:

1. Specialization in Personal Injury Law:
   • Look for a lawyer who specializes in personal injury law. This ensures that they have the specific knowledge and experience in helping clients with catastrophic injuries. It is also important that your attorney has experience with your type of personal injury case. For example, a brain injury and the science involved in that type of case is significantly more complex than your typical broken bone case.
2. Experience:
   • Consider the lawyer’s experience in handling personal injury cases. An attorney with a proven track record in similar cases is more likely to understand the complexities and nuances of your situation. Does the lawyer have years of experience handling personal injury cases?
3. Reputation:
   • Research the lawyer’s reputation. Look for reviews and testimonials from past clients. You can check online review platforms, legal directories, and bar association websites for information about the lawyer’s reputation.
4. Credentials:
   • Verify the lawyer’s credentials, including their education, licensing, and any certifications related to personal injury law.
5. Initial Consultation:
   • Many personal injury lawyers offer free initial consultations. Take advantage of this to meet with potential attorneys and discuss your case. Use this time to assess their knowledge, communication skills, and whether you feel comfortable working with them.
6. Fee Structure:
   • Understand the lawyer’s fee structure. Many personal injury lawyers work on a contingency fee basis, meaning they only get paid if you win your case. Be clear about the percentage they will take and any additional costs.
7. Resources and Support Staff:
   • Inquire about the lawyer’s resources and support staff. A well-equipped law firm with experienced paralegals and support staff can handle your case more efficiently.
8. Communication Style: Effective communication is essential. Choose a lawyer who keeps you informed about the progress of your case and promptly responds to your questions or concerns.
9. Local Knowledge: It can be beneficial to choose a lawyer with knowledge of the local legal system and a good reputation within the local community.
10. Conflict of Interest: Ensure there is no conflict of interest that could affect the lawyer’s ability to represent you impartially.
11. Trust Your Instincts: Ultimately, trust your instincts. If you don’t feel comfortable with a particular lawyer or have doubts about their ability to handle your case, consider looking for someone else.

Frequently Asked Questions About Georgia Personal Injury Claims

How long do I have to file a personal injury claim in Georgia?

Generally two years from the date the right of action accrues, under O.C.G.A. § 9-3-33. A loss of consortium claim carries four years, and a claim for injury to reputation carries one. Shorter deadlines apply when a city, county, or state agency is involved, and those notice requirements can expire long before the two-year period does.

What happens if I was partly at fault for the accident?

You can still recover, but less. Under O.C.G.A. § 51-12-33(a), the jury assigns you a percentage of fault and the judge reduces your award by that percentage. If you are found 50 percent or more responsible, subsection (g) bars recovery entirely. A claim that is worth a great deal at 20 percent fault is worth nothing at 50.

What is my case worth?

Any lawyer who answers that on a first phone call is guessing. The honest answer depends on the severity and permanence of the injury, the medical treatment required, lost income, the available insurance coverage, and how the fault question is likely to be assigned. What we can tell you early is which of those questions will decide your case.

Do I have to pay anything up front?

No. We handle personal injury cases on a contingency fee, which means you owe no attorney’s fee unless we obtain a recovery for you. We will go over the fee agreement and how case expenses are handled before you sign anything.

Should I talk to the other driver’s insurance adjuster?

Talk to a lawyer first. An adjuster’s early questions about what you were doing, where you were looking, and how you were feeling are aimed at the fault percentage that O.C.G.A. § 51-12-33 will later apply to your damages. Those answers are recorded, and they are difficult to walk back.

Georgia Personal Injury Attorneys

At Sessions & Fleischman, we have a proven track record of success in handling personal injury cases. Our attorneys have extensive experience and a deep understanding of the legal process, and are dedicated to advocating for the rights of our clients. We are committed to providing personalized, responsive service and will work tirelessly to help you get the compensation you deserve. If you have been injured due to the negligence or wrongdoing of another party, we encourage you to contact us to schedule a consultation and discuss your case.

 

 

Where We Handle Personal Injury Cases

We represent injured people across Georgia, with offices in Atlanta, Macon, Milledgeville, and LaGrange. Georgia law is the same statewide, but courts, juries, and local procedure are not — so we build each case around the venue it will actually be tried in.

• Macon personal injury lawyer — Bibb County and middle Georgia
• Warner Robins personal injury lawyer — Houston County
• Milledgeville personal injury lawyer — Baldwin County
• LaGrange personal injury lawyer — Troup County
• Atlanta personal injury lawyer — metro Atlanta
• Savannah personal injury lawyer — Chatham County

In middle Georgia we also serve Jones County — see our Gray personal injury lawyer page.