Atlanta Personal Injury Lawyer

Personal injury is a legal term for an injury to the body, mind, or emotions, as opposed to an injury to property. Personal injury lawsuits are filed against the person that caused the harm through negligence, or misconduct, and in some cases on the basis of strict liability. Different jurisdictions describe the damages in different ways, but damages typically include the injured person’s medical bills, pain and suffering, and diminished quality of life.

Accidental injuries are a leading cost of emergency room visits, hospitalization, and death in the United States. If you suffer a sudden injury and someone else is to blame, you should not have to worry about covering all of the injury-related losses you face. 

A personal injury lawyer from Spaulding Injury Law is available to review the details of your accident to determine if we can take your case and assist you in recovering whatever compensation you might be entitled to. It is essential to seek out emergency medical care after any accident, as injuries can sometimes be overlooked in the excitement. After you have sought out emergency medical care, it is time to connect with a local Georgia personal injury lawyer to get started on your claim or case. 

We’re Knowledgeable and Experienced Personal Injury Lawyers

Injured victims of serious accidents are often unsure of what to do – or where to turn – for help. Our compassionate legal team prides itself on building trustworthy, strong relationships with the individuals whom we represent. When you retain us to represent your legal interests following an accident, you can rest assured that our team will give your case the thoughtful, thorough, and result-oriented legal representation that it deserves. Some of the ways that we foster strong client relationships and assist our clients include:

• Personally meeting with clients to learn more about their accidents and everything that they endured afterward

• Exploring legal options with clients and helping them decide on the best option for their unique case – whether that be accepting a pending settlement offer from the insurance company, litigating the case in court, or pursuing some type of alternative dispute resolution – such as mediation or binding arbitration

• Handling the legal aspects of their personal injury case – such as obtaining medical records, investigation reports, and lost wage documentation – even when clients are still finishing up their medical treatment

• Making ample time to answer clients’ questions throughout the claims-filing and litigation processes

• Regularly updating our clients via phone and email so that they know what’s going on during every stage of their personal injury case
• Providing zealous legal representation, both at the settlement negotiating table and in the courtroom.

What is the process for a personal injury lawsuit?

An injury has occurred and an attorney is searched for.

The first thing that has to happen is you or someone you know has suffered an injury as the result of another negligent party. The next thing to do is to contact us for a free consultation. We will meet and discuss the details of how the injury occurred. If, after the initial consultation, it appears that you might have a case, we would agree to conduct an exploratory investigation and determine if the other party has applicable insurance and/or sufficient assets to cover any settlement or judgment. If the consultation and investigation lead us to conclude that the case is viable, a fee agreement will be signed and the attorney-client relationship will be official.

A complaint is filed and served

After establishing that a legitimate case exists, the plaintiff’s attorney will file a personal injury complaint. After the complaint is filed, we will have a month or more to locate the defendant and “serve” the complaint on him or her. All this means is that we physically deliver the complaint to the defendant in a way that can be verified, ensuring the defendant cannot later claim to not know about the lawsuit.

Pre-Trial and Discovery

Discovery is a pre-trial procedure where we and the other party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as interrogatories, requests for production of documents, requests for admissions, and depositions. The purpose of discovery is to encourage parties to reach a resolution of disputes on their own, without resort to a full trial by the court. The free flow of information between the parties to a lawsuit is intended to enable each side to better assess the case, including the strengths and weaknesses of both sides, thereby promoting a more realistic view of likely outcomes that will lead to settlement.

It’s possible for a case to go to trial but most personal injury cases will end in a settlement. At any point in the process described above, the parties can settle and end the case, even before the complaint is filed.

Common Causes of Personal Injuries 

While any accident or incident that was caused by another party could entitle you to damages for your injuries, there are some common causes of personal injuries that lead to legal cases. Some of the most common personal injury claims that we help clients stem from car and truck accidents, often caused by distracted driving or drunk driving. Slip and falls caused by poor maintenance of a property is another type of accident that can cause serious injuries. Workplace injuries are also something we can help you collect compensation for, as we’ll consider below. 

Distracted Driving 

Distracted driving is illegal through Georgia laws, which state that the following are illegal: 

• Failure to exercise due care/careless driving
• Unlawful use of a wireless device or using a handheld phone while driving
• Operating a vehicle while text messaging/texting while driving. 

When a driver causes an accident while they are engaging in an illegal activity like distracted driving, they will be liable for the damages that result from the accident. How do you prove what the other driver was doing in the moments before they hit you? Evidence, which is something that your experienced personal injury attorney from Spaulding Injury Law can gather on your behalf. This requires the use of legal instruments like depositions, requests for production, and other tools to gather the information needed to determine the party or parties liable for the accident. 

Drunk Driving 

Whenever a driver makes the decision to get behind the wheel while intoxicated by drugs or alcohol and causes an accident, they are liable for the damages that result. Oftentimes it will be their insurance company that is filed with in order to collect your damages. This requires the collection of evidence to prove the liability of the party you are targeting for damages, as well as evidence to fully measure the short- and long-term damages linked to your injuries. 

Proving that another party was intoxicated during the accident is supported by calling the police after any car or truck accident you are involved in. The police will generally interact with all parties involved in the accident, and they are professionally trained to detect the sobriety of individuals. 

Police can also assist in the exchange of insurance information and produce a police report including witness contact information and evidence that could be valuable for your case.  

Premises Liability: Improper Maintenance or Warning of Hazards

Properties that are open to members of the public, like movie theaters, shopping malls and retail stores, concert and sports venues, and other locations, must be kept safe for the persons who have access to the property. This means that if there is a hazard that could cause harm to the visitors, it is the duty of the property owner or manager to protect visitors against the risk. This can include resolving the risk by solving the source of the risk, for example, covering over a hole that had opened in the ground or securing an exposed live wire beneath a security plate. 

If a risk is not resolved, it is essential that visitors to the property are effectively warned. The failure to resolve a risk or to warn visitors that results in injury could entitle you to bring a claim or case to recover compensation for the damages linked to your injuries. 

Unsafe Workplace Environments 

The Occupational Safety and Health Administration (OSHA) supports nationwide rules and regulations that govern safety in the workplace. The State of Georgia is under federal OSHA jurisdiction as outlined in OSHA’s State Plans. This means that employers in the state have a proactive duty to keep the workplace free of risks of injury and illness to employees in the workplace. Generally, workers’ compensation insurance covers your medical bills and part of your lost earnings, but in some instances, you may be entitled to additional damages, which your Roswell personal injury attorney can help you identify. 

According to the National Institute of Occupational Safety and Health, some of the fastest-growing workplace injuries are musculoskeletal disorders, including conditions such as repetitive stress injuries, or RSIs. These happen when the same movement is repeated and can happen to an office worker required to perform the same repetitive stapling or typing motion for years, or a construction worker required to swing a hammer for years. The source is the RSI is not what matters, but the fact that it can permanently impact your ability to work and earn to support yourself and your family. 

Types of Personal Injury Claims We Handle

Our Atlanta location is staffed and can accommodate your injury case. The types of personal injury cases we handle include:

• Car accidents
• Motorcycle Accidents
• Truck Accidents
• Wrongful Death
• Pedestrian Accidents
• Slip and Fall
• Dog / Animal Bites
• Back & Neck injuries
• Brain Injuries
• Spinal Cord Injuries
• Uber & Lyft Accidents
• Boating Accidents
• Product Liability
• Inadequate Security

When Should You Hire A Personal Injury Lawyer?

If you have been injured because of another person’s negligence, get in touch with a personal injury lawyer as soon as possible.

If you wait to contact an attorney, you may make mistakes when talking to the insurance company, receiving medical treatment, or documenting evidence that could affect the outcome of your case. Consult with an attorney immediately after you sustain your injuries so you know exactly what to do to strengthen your case and improve your chances of recovering compensation.

How Much Does it Cost to Hire a Personal Injury Lawyer?

Many people are under the impression that paying for a personal injury attorney is something that they cannot afford, so they end up never hiring an attorney to represent them after they have been injured. We don’t ask for money upfront and only collect a fee (Contingency Fee) if we successfully recover compensation. Not only does this mean that you won’t have to pay anything right away, but it also means we will be even more motivated to reach a favorable outcome in your case.

How Much Compensation Can I recover?

Clients often wonder how much their claim is worth and how much they will be able to recover by filing a personal injury claim. The answer to this question varies on a case-by-case basis, so it is challenging for injury lawyers to provide a definite answer. There are a number of factors that could affect the amount of compensation that you receive, including:

• The severity of your injuries
• How these injuries have affected other areas of your life such as your work or personal relationships
• How long you will continue to experience symptoms from your injuries
• How well you have documented your expenses and losses

Personal injury plaintiffs may be able to recover economic, non-economic, and punitive damages from the defendant:

• Economic damages are given to plaintiffs who have suffered losses or incurred expenses as a result of their injuries. For example, if you have had to pay for medical treatment on your own, economic damages should compensate you for this expense.
• Non-economic damages are given to plaintiffs who have experienced emotional pain and suffering as a result of the injuries. This is common in cases where the plaintiff’s quality of life has drastically been reduced as a result of the injuries.
• Finally, plaintiffs may also be able to recover punitive damages. These damages do not compensate plaintiffs for anything specific. Instead, the court awards punitive damages to punish defendants who have acted with extreme negligence.

Damages That Can Be Recovered

In many instances, victims of serious accidents are severely damaged. They may not be able to return to work for a significant period of time after their accident because of their pain and symptoms. They may also need to take time off work to attend their post-accident medical appointments. Some accident victims suffer such severe injuries that they have to switch entire jobs or careers – often sustaining a pay cut in the process.

At other times, an accident victim’s quality of life significantly decreases after their accident. They may not be able to perform daily living tasks and care for themselves the way they once did. Moreover, their injuries might prevent them from partaking in social events and recreational activities that they once enjoyed.

To recover damages following an accident, the accident victim must show that someone else was negligent, that they suffered an injury, and that the injury resulted after the accident. We help our clients rebuild their lives by pursuing the monetary compensation that they deserve for their injuries, including damages for:

• Related medical costs

• Lost earnings

• Pain and suffering

• Mental distress

• Inconvenience

• Loss of earning capacity

• Loss of use of a body part, such as with a permanent paralysis injury

• Loss of quality of life

• Loss of spousal consortium

A Personal Injury Attorney Can Help You Recover Damages for Long-Term, Life-Altering Injuries 

Generally, to be able to collect compensation for your injuries that were caused by another party, they must be long-term and life-altering. For example, if you are at a shopping mall and slip on a puddle that was not cleaned up or had hazard placed signs around it and have a slip-and-fall, the extent of your injuries will determine what damages you might be able to recover. If you experience a minor bruise that will heal in a week and no further injury, while the shopping mall is liable for your slip-and-fall, there are no damages to recover, and generally, your own insurance and finances will cover the damages. 

Keeping with the same example, if you slip and fall and break a hip that results in permanent nerve damage and limited mobility, you could have a substantial personal injury claim. The emergency room bills that come immediately after the injury, in addition to any surgeries, treatments, rehabilitation, medications, and other costs in the future, are also included in your damages. When your injury results in a reduction in your ability to earn the same amount of income as before your injury, you may also be entitled to compensation to make up the difference in your earnings. 

Pain and Changes in Your Quality of Life Can Also Result in Compensation 

Our potential new clients often ask about damages for pain and suffering, as the concept is common in law firm advertisements on television and on shows. Pain and suffering is a broad term that is applied to compensation that is meant to cover physical pain or for a reduction in the quality of life of the accident victim. For example, the pain and suffering of surgery and the required recovery time can entitle a client to compensation. Should an injury reduce a victim’s ability to engage in activities that brought them joy prior to the accident, this can lead to damages for loss of quality of life. 

Identifying which damages you might be entitled to for your accident requires a careful assessment of the facts and circumstances linked to your accident or incident and how Georgia law applies to them. Whether or not an employer is liable for damages beyond what workers’ compensation insurance covers depends on a review of the facts and a determination of whether third parties may have been liable in whole or in part for your injuries. A thorough knowledge of the law will support the best possible outcome in your case and highlights the value of a Roswell personal injury lawyer by our side throughout the process. 

How Long Do You Have to File a Personal Injury Claim or Lawsuit in Atlanta?  

Victims of personal injuries in Atlanta do not have an unlimited period of time in which to file a claim or lawsuit that seeks damages. In fact, Georgia has one of the shortest personal injury statutes of limitation in the country. Georgia accident victims only have two years from their accident date in which to file a lawsuit in the court system.

What Happens if You File Your Lawsuit Too Late?

Absent some extremely limited exceptions, if an accident victim does not file their lawsuit within the required two-year time period, they will not be able to do so at any later point. Therefore, the accident victim will not be eligible to pursue monetary compensation and damages for their injuries.

One of the best ways to avoid this problem is to retain a personal injury lawyer as soon as possible to represent you in your case. Our legal team understands the importance of filing a lawsuit to protect the statute of limitations – and your legal right to pursue compensation for your injuries. If the statute of limitations is about to run in the next 30 – 90 days, we can file a lawsuit on your behalf and safeguard your right to recover the damages you need. Even after we file a lawsuit in your case, we could still negotiate a favorable settlement on your behalf by negotiating with the at-fault party’s insurance company. If we have to litigate your case, we can do so efficiently, as the lawsuit will already be pending in the court system.

Atlanta Best Personal Injury Lawyer

There are countless personal injury law firms in Atlanta, Georgia, but it is important to choose the one that is right for you. To find the top personal injury law firms, start by asking your friends or family for recommendations. Make it clear that you are looking for a personal injury law firm so your loved ones only refer you to lawyers in this field.

If your close friends and family do not have recommendations, you can also reach out to the local bar association and ask for help.

Finally, you can use online lawyer directories such as Avvo to find top-rated attorneys. Avvo allows you to search for attorneys based on your location. It will even tell you how each attorney is rated on a scale of 1-10. For example, our attorney Theodore Spaulding has been rated a perfect 10/10 on Avvo.

We Get Results

When it comes to your personal injury case, you want a legal team on your side who has a strong track record of success. Our skilled lawyers have what it takes to maximize our clients’ results – both during settlement negotiations and at trial. Some of our most recent favorable results include:

• A $1.5 million federal court jury award – following a three-week jury trial – stemming from a medical device dispute

• A $50,000.00 policy limits settlement stemming from a rear-end car collision that was low impact – after the insurance company was only willing to offer $5,000.00 to resolve the case

• A $1,000,000.00 settlement in a tractor-trailer collision that resulted in severe injuries and extensive medical treatment

• A $750,000.00 settlement – following mediation – where our clients suffered back injuries following a rear-end impact from a tractor-trailer in rush hour traffic

• A $665,000.00 settlement following our clients’ exposure to toxic black mold in their home

• A $400,000.00 settlement in a trip and fall case where our client took a serious fall outside a hospital – suffering a fractured hip and severely broken wrist – because of a concrete defect

• A $150,000.00 settlement in a motorcycle accident, where the cyclist suffered a broken elbow after a driver negligently turned in front of him

• A $143,000.00 settlement for a couple involved in a broadside collision, where the wife suffered a fractured ankle but the husband did not sustain serious injuries

• A $125,000.00 settlement for a client who suffered soft tissue injuries after involvement in a head-on school bus crash

•  A $90,000.00 pre-suit settlement in a dog bite case that was four times bigger than the amount of our client’s special damages.

Our Reputation

In addition to obtaining favorable results for our clients, our legal team is well-respected in the Atlanta region for our zealous advocacy on behalf of our clients. Not only do we have a good reputation for settling favorably, but we are also well known for obtaining favorable results at trial. The insurance companies know this and, as a result, are more likely to offer favorable compensation to our clients from the get-go.

Our Personal Injury Office in Atlanta

Spaulding Injury Law: Atlanta Personal Injury Lawyers is located close to you, in Downtown Atlanta near Woodruff Park and Hurt Park, approximately 9 miles from Hartsfield-Jackson Atlanta International Airport (ATL).
Atlanta Personal Injury Lawyers

Merge onto I-85 N from the Hartsfield-Jackson Atlanta International Airport and take Exit 246 toward downtown. Merge onto Central Avenue SW and continue onto Peachtree Center Avenue SE. Turn left onto Edgewood Avenue, and our office will be on the left.