Lathemtown Personal Injury Attorneys

Personal Injury Attorney in Lathemtown

Personal injury claims are complex legal matters that address losses caused by the negligence of others. For example, if you are injured by a distracted driver, you’ll file a personal injury claim in pursuit of the compensation necessary to reach your fullest recovery. Because these claims are challenging, having an experienced Lathemtown personal injury attorney in your corner is always in your best interest. 

Do I Have a Personal Injury Claim?

There are four basic elements that must be present in order to recover for your physical, financial, and emotional losses in a personal injury claim, including:

• The other party had a responsibility for your safety, which is called a duty of care.
• The other party failed to live up to this responsibility, which is the element of negligence.
• The other party’s negligence was the direct cause of the accident in question.
• As a result of this accident, you suffered legal damages, which are losses addressed by the law.

The Kinds of Accidents that Often Lead to Personal Injury Claims

While many different kinds of accidents can end with personal injury claims, some of the most common include the following:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Rideshare accidents, including both Uber and Lyft
• MARTA accidents
• Boating accidents
• Premises liability accidents, including slip and fall accidents and dog bites
• Wrongful death claims, which are very similar to personal injury claims and address incidents in which the victims ultimately succumb to their injuries

The Matter of Fault

The matter of the other party’s fault is critical to your personal injury claim, but it’s important to understand that even if you share a portion of the responsibility, you are not barred from seeking compensation in Georgia. As long as you are deemed to be less than 50 percent responsible for the accident that leaves you injured, you can seek compensation for the percentage of responsibility assigned to the other party. 

For example, if a drunk driver is determined to be 90 percent responsible for an accident that leaves you injured while you bear 10 percent of the fault, you can file a claim with the drunk driver’s insurance provider for 90 percent of the covered losses you experience. If your total damages equal $100,000, in other words, you can seek $90,000 in compensation, which is the total amount minus 10 percent.

Your Legal Damages

The legal damages you incur as a result of someone else’s negligence can be immense, and they break down into several basic categories. 

Property Damage

If the accident in question is a traffic crash, you will likely experience property damage to your vehicle. 

Medical Expenses

The medical expenses you face may be ongoing and can include all the following:

• Emergency care
• Surgical care
• Hospital stays
• Treatment and care from a wide range of medical professionals
• Physical and occupational therapy
• Rehabilitation
• Pain management
• Prescription medications

You need to consider any medical treatment you will continue to need after your claim concludes. You cannot go back and ask for more funds, so if your injuries are serious enough to need ongoing care, you need to estimate the future medical expenses and include them in your claim.  

Lost Wages

While you are recovering from your physical injuries, you’re very likely to be off the job and face a decrease in earnings as a result. If your ability to advance your career or your overall earning potential is affected, you can expect the financial loss to be that much more significant. 

Physical and Emotional Pain and Suffering

The physical and emotional pain and suffering you experience as a result of being injured by someone else’s negligence can be especially challenging and should not be discounted. Victims of serious accidents can suffer PTSD-like symptoms that hamper recovery, including:

• Severe mood swings
• A tendency to push others away and to self-isolate
• Increased anxiety that can lead to anxiety attacks
• Depressive episodes
• Accident flashbacks
• Sleep disturbances
• Difficulty concentrating
• Increased irritability

One of the most difficult aspects of these emotional consequences is that they can build a wall between the victim and their support system just when that support is needed most. 

Know the Insurance Company’s Position

Generally, personal injury claims are filed with the at-fault party’s insurance provider, and while it’s true that covering claims like yours is what they’re specifically paid to do, you can count on the insurance company doing whatever it can to keep your settlement low. Insurance companies are, first and foremost, in the business of generating hefty profits, and low settlements play a primary role in the process. Be on the lookout for all the following tactics on the part of the insurance company:

• Denying your claim from the start – in an effort to discourage your efforts
• Offering an early but inadequate settlement offer
• Calling the extent of your losses into question
• Denying their policyholder’s fault – or the extent of their fault – in the matter
• Overly complicating or protracting the already complicated and lengthy claims process

What You Can Do to Protect Your Claim

Your claim will be unique to the circumstances involved, but there are steps that every claimant can take to help protect their rights and rightful compensation, including:

• Seek the medical attention that you need early on and follow your doctor’s instructions carefully
• Connect with a trusted personal injury attorney early in the process
• Allow your attorney to provide the insurance company with the information it requires and to skillfully negotiate a settlement that addresses your full range of losses in their entirety.
• Stay off social media while your claim is pending – the insurance company will be observing your posts and attempting to use them against your claim

Consult with an Experienced Lathemtown Personal Injury Attorney Today

If you’ve been harmed by someone else’s negligence, the well-respected Lathemtown personal injury attorneys at Spaulding Injury Law recognize the gravity of your situation and are standing by to help. Your claim and your recovery are important, so please don’t put off contacting or calling us at 770-744-0890 for more information today.