Personal Injury Accident Legal Guide

a guide to Personal Injury accident lawsuits in Georgia

    frequently asked Legal questions about Personal Injury accidents

    What you need to know regarding your Personal Injury case.
    What is a Personal Injury Lawsuit?

    A Personal Injury Lawsuit is a civil lawsuit where one party sues another for compensation after they were harmed due to negligence on the part of the other party.

    Although there are many types of Personal Injury Accidents, some of the most common ones include:

    • Car Accidents
    • Truck Accidents
    • Motorcycle Accidents
    • Slip and Falls
    • Medical Malpractice
    • Work Injury

    If you have been involved in one of these types of accidents and are suffering from an injury as a result, speaking with an experienced Personal Injury Attorney is the best way to ensure that you receive a fair financial recovery.

    Additional Resources

    4 Common Georgia Personal Injury Claims

    What to Consider When Hiring a Personal Injury Attorney

    Stages of a Personal Injury Lawsuit



    How Much does it Cost to Hire a Personal Injury Attorney?

    Hiring a Personal Injury Attorney will not cost you any upfront legal fees, because they work on what is called a Contingency Fee Basis, and also provide a Free Consultation.

    A Contingency Fee Basis means that you do not pay any legal fees up front, and your attorneys only collect a fee in the form of a small percentage of your final settlement.

    Working on a Contingency Fee Basis is very beneficial to Personal Injury Victims because they can rest assured knowing that their attorney will do everything in their power to maximize their settlement for them.

    Additional Resources:

    How Can a Personal Injury Attorney Help Me?

    How Does a Contingency Fee Basis Work? 

    What if I do not think that I was Injured in my Accident?

    If you have been in an accident, you should always get a medical evaluation even if you do not think that you suffered an injury.

    In many of the common Personal Injury Accidents we handle at our law firm, the injuries that people sustain have delayed or mild symptoms. If these injuries go untreated, they can lead to further complications or more severe damage.

    As well as possibly leading to more serious injuries, failing to get medical treatment can result in your injury being excluded from your lawsuit.

    Additional Resources:

    5 Common Work-Related Injuries

    Common Auto Accident Injuries


    What can I be Compensated for if I am involved in a Personal Injury Accident?

    If you are involved in a Personal Injury Accident, there are many different things that can be included in your settlement, although it depends on the type of accident you were involved in. In a lot of Personal Injury cases, settlement amounts include compensation for:

    • Property Damage
    • Medical Bills
    • Loss of Wages
    • Pain and Suffering
    • Emotional Distress
    • Loss of Consortium

    It is important to have an experienced Personal Injury Attorney evaluate your case to determine which of these factors should be included in your settlement, and ensure that you get the maximum amount of compensation available.

    Additional Resources:

    Types of Compensation After a Car Accident

    How a Police Report Can Effect Your Lawsuit 


    How Much is my Personal Injury Case Worth?

    The value of a Personal Injury Accident Lawsuit depends on a lot of different factors, including:

    • Type of Accident
    • Amount of Damage
    • Extent of Injuries
    • Amount of Insurance Coverage Available

    Depending on the details of your individual accident, your attorney will be able to draft a demand letter with you that will give an accurate estimate of the total value of your settlement.

    Additional Resources:  

    7 Tips to get the Biggest Accident Settlement

    How Much is my Personal Injury Case Worth? 


    How Long will it take to get my Settlement?

    Personal Injury Lawsuits can vary a great deal when it comes to the length of time it will take to settle. 

    First, it depends on how soon after your accident you speak to an attorney and how long it takes to file your claim.

    Second, the seriousness of the accident and the extent of the injuries can cause the length of time to vary. In most cases, insurance companies will want to wait until the victim is completely healed from their injuries and they have all of the medical bills before settling. This is another reason speaking with an attorney is beneficial as they can set up a medical lien so that you do not have to pay your medical bills and then wait for reimbursement.

    Finally, it depends on the size of the settlement and how backed up the courts are at the time. If you are willing to accept a smaller settlement, then your case can usually be resolved in a few weeks or months. If you are going after a larger settlement, it may take longer.

    Also, if your case goes to trial, it can get pushed back even further due to courts usually being backed up with hundreds of cases waiting to be heard.

    Additional Resources:

    How Long Will it Take to Get My Personal Injury Settlement?

    Timeline for Personal Injury Cases


    Should I Accept a Settlement Offer from the Insurance Company?

    Generally, No. At least not until you have discussed your case with a Personal Injury Attorney.

    When it comes to making a financial settlement offer, the insurance company wants to pay out as little as possible. 

    Usually, they will make an initial low-ball settlement offer, hoping the victim will accept it instead of speaking with an experienced accident attorney who can negotiate on your behalf and get you the settlement you deserve.

    Additional Resources:

    Insurance Claims after an Accident

    How the Insurance Adjuster Determines a Settlement Amount

    How Long after an accident do I have to file a claim?

    Depending on what state you live in, there are set laws called "Statute of Limitations" that determine how long an individual has to file a claim after their accident.

    In Georgia, the statute of limitations to file a Personal Injury Lawsuit is two-years from the date of the accident. If you do not file your claim within this time period, the courts will usually not hear your case.

    However, although you have a two-year window to file your claim, the sooner you speak to an attorney after your accident and file your claim, the greater success rate and the chance of a larger settlement you have.

    Additional Resources:

    Statute of Limitations by State

    If I hire a Personal Injury Attorney, will I need to go to Trial?

    Usually, you will not need to go to trial during your Personal Injury Lawsuit. Most of the time, a settlement will be reached between your attorney and the at-fault party's insurance company. However, your attorney will discuss with you what the best option is for you to receive the largest settlement possible, and occasionally that can mean going to trial.

    Additional Resources:

    8 Questions to ask when Hiring a Personal Injury Lawyer

    What to Know Before Hiring an Attorney 



    What Should I say if an Insurance Company contacts me after my accident?

    Nothing! If you are contacted by an insurance company, do not say anything to them until you have spoken to your attorney. The main reason that the insurance company's contact accident injury victims are to get them to make a statement about their accident, which they can use to lower the value of their settlement.

    Although you may have to speak with them eventually, you should always consult with an experienced Personal Injury Attorney. They will explain exactly what you can and cannot say to them in order to protect the value of your case.

    Additional Resources:

    Common Mistakes People Make With Insurance Companies

    5 Myths Car Insurance Companies Want You to Believe

    More Questions? Give us a Call or Comment Below.