Were you recently injured in an accident in Alpharetta, GA? Our experienced Alpharetta personal injury lawyers at Shiner Law Group are ready to help fight for your legal rights and get the compensation you deserve. Call us today at (800) 364-4444 to speak with an attorney for a 100% free consultation.
You may be entitled to seek compensation for medical bills, loss of income, pain, and suffering, and more. Contact our Alpharetta, GA law offices to discuss the legal options that might be available to you following your accident. The next steps are very important. Let Shiner Law Group help you with your accident case today.
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Have you Been Injured in an Accident in Alpharetta, Georgia?
In 2020, car accidents were the second leading cause of hospitalizations in Georgia, and other personal injuries are very common in the state. A personal injury can permanently affect your physical and mental wellbeing. To make matters worse, your injuries may prevent you from working or fulfilling important obligations.
You were lucky enough to survive your injury, and you need money to make up for your pain, suffering, and financial losses. Fortunately, you may be eligible for compensation if your injury was the result of another party’s negligence. You don’t deserve to suffer, so if you want to safeguard your health and financial future, then you need to keep reading to find out how a reliable Alpharetta personal injury attorney can help.
How Does a Personal Injury Lawsuit Work in Alpharetta?
In a personal injury case, the injured party must file a complaint with a civil court in the proper jurisdiction, which is usually the court closest to defendant’s primary residence. The complaint should detail the circumstances of the accident and justify your reasons for suing. After filing a complaint, you must serve the defendant with a summons to appear in court. The defendant then has 30 days to file an answer to the claims made in the complaint.
The court will render a default judgment if the defendant fails to answer. In most cases, a default judgment is very favorable to the plaintiff. If the defendant responds within the 30-day window, then the court will enter the discovery phase. During the discovery process, each side gathers facts, files requests, and gives depositions to make their case.
The case will go to trial if the parties don’t settle out of court at some point in the discovery process, and the defendant has the option to request a jury trial. A trial consists of opening statements, presentation of the case, closing statements. After considering all of the evidence presented at the trial, the judge or jury will render a final verdict, and each party will be bound to the terms of the verdict.
Filing a Personal Injury Lawsuit in Alpharetta
You might feel like suing someone is pretty extreme, but a lawsuit is your only way to receive compensation for your personal injury. Without a fair settlement, you may be unable to work, pay your bills, or afford proper medical treatment. In most cases, the liable party has insurance, so you’re essentially suing the other party’s insurance company.
Do You Need an Alpharetta Personal Injury Attorney?
While you might believe that you can save money by representing yourself in court, you are much less likely to receive a settlement without the help of an experienced professional. Experienced personal injury attorneys have helped countless clients in situations similar to yours. Something as simple as a missed deadline or misfiled document can ruin your case.
Attorneys understand all of the intricacies of the legal process, and they can make a strong case to maximize your odds of receiving a fair settlement. The other party will almost certainly have a skilled lawyer on their side, and their lawyer will use every tactic at their disposal to undermine your case. With that in mind, you stand to waste time and lose a lot of money by representing yourself in court.
Will an Insurance Company Help For My Personal Injury Claim?
If you’re insured and have gone through the proper avenues to notify your insurance company of your accident, then they should cover your damages to some extent. The coverage that you receive depends on the terms of your insurance policy. Unfortunately, insurance companies often do anything in their power to avoid paying out benefits. In such cases, the beneficiary of an insurance policy may have to sue their insurer for breach of contact. To maximize your odds of receiving coverage, make sure that you file a claim with your insurance company immediately after your accident. If you believe that your insurance company isn’t holding up its end of the bargain, then you should gather evidence and speak to a skilled attorney.
What Factors Contribute to Your Personal Injury Settlement?
The court doesn’t just pull a number out of a hat when awarding a settlement. To ensure a fair outcome that reflects the impacts of the event that caused the personal injury, the court must carefully take each party’s negligence and the plaintiff’s damages into account. The following sections go into greater detail about the intricacies of these factors.
Negligence
Negligence describes an individual’s failure to act with a reasonable level of care in a situation. For example, a judge would consider an individual who crashed their car and injured another person while texting extremely negligent. This is because any ordinary person should understand that texting and driving is illegal and dangerous, and motorists have a clear duty to drive safely and follow the law. However, if the same person crashed their car because they had a stroke, then their negligence would not be so cut and dry. Generally, a higher degree of negligence correlates with a higher settlement. You will not receive a settlement if the court finds that you were more negligent than the other party.
Compensatory Damages
Compensatory damages are supposed to make up for economic and non-economic losses resulting from your personal injury. Economic damages include medical costs, disabilities, property damage, loss of wages, and loss of future earning capacity. Emotional distress, pain and suffering, and loss of consortium are examples of non-economic damages. Proving economic damages tends to be easier than proving non-economic damages.
Punitive Damages
In some cases, the court may award punitive damages. In contrast to compensatory damages, the court does not base punitive damages on the economic or non-economic costs related to the plaintiff’s injuries. Instead, the point of awarding punitive damages is to punish the defendant for exhibiting malice, harming the injured party under the influence of drugs or alcohol, or grossly neglecting their duty of care in a professional capacity. Georgia caps punitive damages at $250,000.
Receiving The Greatest compensation For An Alpharetta Personal Injury Case
Refuse Cash Offers From the Negligent Party
The other party might try to pay you off before you file a lawsuit. Accepting any cash payment from the negligent party may seem like a good idea, but it can cause serious problems for you down the line. If you accept such a payment, then the court may dismiss your case. Even if the court doesn’t dismiss your case, the defendant’s lawyers will use your acceptance of a cash payment against you.
See a Doctor as Soon as Possible
You need medical attention right away to prevent your injuries from getting worse. Going to a doctor will establish a record of your injuries, so you’ll have an easier time proving the extent of your injuries in court. If you don’t see a medical professional in a timely manner, then the defendant’s legal team may claim that your injuries are unrelated to the defendant’s negligence.
Take It Easy
A person needs to rest and avoid strenuous activities to properly recover from an injury. If you go back to work or engage in intense physical activities, then you may exacerbate your injury. On top of that, the court may not award damages for improper care of any injuries resulting from the other party’s negligence.
Don’t Discuss the Case With the Wrong People
The defendant’s lawyers will gather all kinds of witnesses to testify in favor of their client. They will choose witnesses whose testimonies downplay the extent of your injuries and magnify your personal negligence. While an offhand remark about the accident to a friend, family member, or co-worker might not seem like a big deal in the moment, it can ruin your case if the defendant compels them to testify. Talking about your accident or the details of the case with the wrong people will only decrease your likelihood of receiving a fair settlement, so you should only talk to your attorney about these matters.
Gather Plenty of Evidence
Your attorney needs every piece of evidence that you can find to strengthen your case and increase your settlement. Good sources of evidence include medical records, pictures from the scene of the accident, pictures of damaged property, repair bills, statements from witnesses, security footage, and police reports. If you find a piece of evidence or have a good lead, then you should speak to your attorney as soon as possible.
Ask Your Attorney About Settlement Offers
The defendant may propose multiple settlement offers before the trial. Such offers often indicate that the other side lacks confidence in their defense, which usually means that you could earn a larger settlement by going to trial. Nonetheless, a high settlement can save you a lot of time, and it’s a guaranteed payout. No matter what kind of offer you receive, make sure that you run it by your attorney before taking any money. They will point out any areas of concern and help you make a more informed decision.
Maintain Consistent Contact With Your Attorney
Going through a lawsuit can be a very taxing endeavor. You may feel extremely anxious, but you have to stay strong. You don’t want to let the stress of the situation drive you to make a bad decision. Your attorney only wants to help, so you should not be afraid to contact them whenever you have any questions, comments, or concerns.
You should also reach out to your attorney as soon as you receive any documents from the court or the defendant’s legal team. Do not make any decisions without consulting your attorney. Failure to answer your attorney’s calls, take their advice, or reach out to them with any new developments pertaining to your case will reduce your odds of reaching a favorable outcome in court.
Keep Your Head Down
The defendant’s legal team will do everything in their power to contradict your claims. To bolster their case, they may send private investigators to follow you as you go about your daily routine. If they catch you exercising, mowing the lawn, or engaging in other physical activities, then they will try to claim that you’re faking or exaggerating your injuries. Even something as simple as carrying a heavy bag of groceries can undermine your case, so you’re better off staying out of public spaces as much as possible until the trial is over.
Strengthen Your Case With the Best Alpharetta Personal Injury Lawyer Near Me
A personal injury can put your financial future in jeopardy. You don’t want to end up in a position where you’re unable to support your family or afford adequate medical care, so you need to file a lawsuit as soon as possible. Contact the experienced personal injury attorneys at Shiner Law Group today to schedule a free consultation with the best Alpharetta personal injury attorney.