Do I have a personal injury claim (or case) in Georgia?
If an individual is injured due to the wrongdoing, negligence, or reckless of another individual, the injured individual may have the right to seek financial compensation for that individual’s injuries (also known as damages).
What can I recover from my personal injury case?
Although state laws and rules will determine specific compensation in different types of cases, generally, the following types of compensation will be available:
- Recovery for your medical expenses;
- Recovery for loss of income;
- Recovery for pain and suffering (or quality of life diminishment); and
- Recovery for property damage.
When do I have to file a legal action for my personal injury claim?
In the state of Georgia, there is generally a time period, known as the statute of limitations, during which you must file a personal injury lawsuit. Generally, a personal injury case must be filed within two (2) years of the injury. O.C.G.A. § 9-3-33.
There are exceptions to these general rules, however. For example, lawsuits against government entities require quicker notice and actual notice must be given before you ever file a lawsuit. Notice within six (6) months of an injury must be given for municipalities (city government) and notice within one (1) year of an injury must be given for counties and state government.
Will hiring an attorney help my personal injury case?
Although an individual is not required to be represented by an attorney, and may always act pro se, having an attorney offers many advantages. From case experience and knowledge of legal procedures to courtroom etiquette and legal acumen, having an attorney represent you offers the best option of ensuring your rights are protected and properly pursued.
What does a personal injury attorney charge for a retainer?
Our firm operates on a contingency fee basis for all of our personal injury cases. A contingency fee cases means that you do not pay up front for our services, but we collect a percentage of the total recovery in your personal injury case. In addition to a fee for legal services, expenses are also taken out of the total recovery in your case but are not paid until the case is concluded. In this scenario, you are never required to pay out of pocket for legal services in your case. Contingency fees for our services range from 33% to 40% depending on the case posture and procedure (for example, a settlement prior to filing a lawsuit versus a trial award recovered after filing a lawsuit).
Will it take long for my case to be finalized?
The length of time it takes to conclude a case varies from case to case and depends on a variety of factors. However, the most important aspect—apart from considering the statute of limitations—is effectively treating your medical injuries and ensuring your medical treatment is completed before attempting to settle or resolve your case. If you are still treating your injuries related to the accident, you risk recovering less than what you may actually need to cover the cost of all of your medical bills.
After treatment is conclude, cases will proceed through a pre-filing phase where settlement negotiations are attempted with the insurance company prior to filing a lawsuit.
If a settlement is not reached, a lawsuit is filed, the defendant (or respondent, the individual causing the damages) has an opportunity to file an answer to the lawsuit, a six (6) month long period of evidence gathering—the discovery process—takes place, and eventually, a trial date is set to address your lawsuit. A lawsuit can often take months to well over a year or two to conclude, which is another example of the benefit of hiring an attorney.
CONTACT US
Whether you are dealing with a car accident, slip-and-fall, dog bite, or workplace accident, your personal health and legal security are top priorities.
If you find yourself dealing with an accident or personal injury incident, put your safety first, call 9-1-1 and report the incident, and seek an attorney to protect your rights.
The Sellers Law Firm, LLC, is here for you–every case, every client. If you or someone you know wants to discuss a potential case, give us a call at 770-415-9848 at The Sellers Law Firm, LLC: Where Clients Become Family. You may also submit a case evaluation to our firm online HERE.