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Atlanta Personal Injury Attorney

If you or a loved one has been injured in an accident that was caused due to the fault of a company or person, you have the right to recover money damages for the injuries and the pain and suffering caused by those injuries. At the law firm of Hilley & Frieder, P.C., our Atlanta personal injury lawyers represent clients throughout metropolitan Atlanta and the surrounding areas of Georgia in all types of personal injury claims whether the injury occurred on the road, in a store, a parking lot, a hotel or any other location. Call us today for a free consultation.

We Communicate With Insurers on Your Behalf

After your injury, the insurance company will call you saying that it wants to investigate the claim so you will receive a settlement. The insurance company employee will tell you that the company needs a medical authorization and a recorded statement from you so that it can pay your claim. The short answer for both the insurance company’s requests is “no.”

Do not believe that the insurance employee works for you. The insurance company pays its employees to pay you less than you deserve. An investigation by the insurance employee is to help his company. The insurance company is not concerned with your long-term health and well-being. It is concerned with getting out of your case as cheaply as possible. Before you agree to anything, talk to one of our Atlanta injury attorneys first.

A few years ago our office was hired to represent a man who had been struck while he was walking across the street in a crosswalk. The insurance company told him he was not in the crosswalk and instead claimed that he had stepped out into moving traffic. When we reviewed the police report, it showed 2 witnesses listed. One of the listed witnesses claimed that our client had stepped out into the moving traffic. It turned out that the witness was a close friend of the daughter of the driver that struck our client.

When we contacted the other witness, he stated that our client was clearly in the crosswalk and the light was red for the car that hit him. The witness said that when he told the insurance company investigator what had happened the investigator told him he was wrong and hung upon him.

We had to file suit to get the full policy limits from the insurance company. It paid the money when its lawyer heard the testimony of the excluded witness. It is also interesting that the driver that hit our client had cataract surgery 2 weeks after he ran over our client. Left to the insurance company our client would have gotten nothing.

Resolving Your Personal Injury Claim Effectively

Since 1976, the people of Georgia have turned to us to level the playing field between themselves and insurance companies. Our entire practice is dedicated to helping injury victims obtain the justice they deserve, and you can count on us to pursue every available option in an effort to get you the compensation you deserve.

Our Georgia personal injury lawyers represent clients in all types of serious injury accidents, including ones involving:

  • Automobile accidents: We assist victims of distracted driving accidents and all types of car or truck collisions.
  • Motorcycle accidents: Cars frequently fail to see motorcycles. If you were hit by a negligent driver while on your motorcycle, we can help get you the compensation you need to move forward in your life.
  • Premises liability: From falls on business property to falling items in stores, our injury attorneys in Atlanta help clients who have been injured due to the negligence of a property owner.
  • Pedestrian and bicycle accidents: As a pedestrian or bicyclist, you have the right to the use of the road and your rights need to be protected. If you were hurt on a sidewalk, crosswalk, or while traveling down the street, speak with an injury lawyer regarding your options for compensation.
  • Nursing home neglect: Our loved ones deserve the proper care and attention from medical professionals. When this care is not provided, legal claims arise.
  • Injuries to children: Playground injuries, swimming pool accidents, and injuries caused by animals are just a few of the cases we can litigate for our clients with children who have been hurt through another’s negligence.

We also help survivors who have lost a loved one due to another’s actions. A wrongful death claim can help you recover financially, so you can focus on healing your family emotionally.

How to Prove a Personal Injury Case in Georgia

To be able to successfully collect compensation in a personal injury lawsuit, you must prove the other party’s negligence. Proving negligence involves supplying evidence to establish four specific elements.

  1. First, you must prove the at-fault party owed you a duty of care at the time of your injury. Duty of care varies depending on the cause of your injury and the circumstances surrounding your claim.
  2. Second, you must prove the at-fault party breached his or her duty of care in some way. Again, this breach of care will vary based on the cause of your injury.
  3. Third, you must prove the breach of care directly caused your injuries. You can prove this element of causation through multiple pieces of evidence, such as witness testimony, surveillance footage, medical records, and accident reconstruction.
  4. Fourth, you must prove that you suffered damages as a result of the at-fault party’s actions you can collect in your lawsuit. These damages may include medical bills, property damage, and lost wages.

For example, say you are in a car accident with a driver who was speeding at the time of the accident. All drivers owe each other a duty to drive safely and follow all traffic laws, which include the speed limit. By speeding, the other driver breached his or her duty of care.

You can provide your medical records, as well as traffic camera footage and witness testimony, to establish the cause of your injuries. Your Atlanta personal injury attorney can help you determine which damages you may qualify for.

How Much Is My Case Worth?

The value of your claim is important. It can decide how much compensation you are eligible to recover from the defendant for your past and future losses. It is especially critical to determine a fair value for your claim if you have a catastrophic or permanent injury that will require years of future medical care. Otherwise, your family may not be able to afford ongoing necessary medical costs. The value of your claim can depend on many factors, such as:

  • The severity of your injuries
  • How long it will foreseeably take you to recover
  • Whether you have a permanent disability
  • The cost of necessary medical treatments
  • Whether or not you can return to work
  • Your age, income, health and other characteristics
  • The number of defendants and insurance available
  • Comparative negligence or other defenses

There is no average settlement value for a personal injury claim in Georgia. Each case is 100% unique. The results we have won for past clients vary significantly and are not a guarantee. We do promise, however, to do our best to obtain maximum financial compensation for you and your family. Our lawyers have your best interests in mind and want to maximize, not minimize, your financial recovery.

What Damages Can I Recover From My Atlanta Personal Injury Claim?

Damages refer to the types of compensation you can receive with a successful personal injury claim. Damages are available in two main categories: economic and noneconomic. It is up to you or your attorney to prove your damages as part of your lawsuit. The damages available for a defendant’s fault or negligence depend on your specific losses:

  • Medical bills (past and future treatments)
  • Pain and suffering
  • Mental anguish
  • Lost wages
  • Disability or disfigurement
  • Property damage
  • Loss of consortium
  • Out-of-pocket expenses
  • Punitive damages

Work with a personal injury lawyer to create a full list of damages to include on your insurance demand letter. Otherwise, you may miss certain categories for which you can seek financial compensation. A lawyer can help you demand maximum compensation for many types of losses.

atlanta personal injury lawyer

Comparative Fault in Atlanta Personal Injury Lawsuits

Another negligence factor that can impact your compensation is the presence of a comparative fault. Georgia follows a modified comparative fault rule, which reduces your overall award amount by the percentage of fault you share. If the court finds you share 50% or more of the liability, you will not receive a settlement at all.

For example, say you are in a car accident with a driver who is speeding, but you were texting and driving at the time of the accident. Surveillance footage proves this fact, and the court assigns you 40% of the fault.

If you were seeking $20,000 in damages, you will only receive $12,000 of this settlement. If the court assigns you 50% of the fault, you will receive $0 in compensation.

How Long Do You Have to File Your Personal Injury Claim?

All civil lawsuits in the state of Georgia are subject to a statute of limitations, which is a deadline that you must file your lawsuit by. The purpose of this rule is to ensure that your evidence does not disappear or suffer damage that would harm your case and that your witnesses’ testimonies remain reliable.

You have two years from the date of your injury to file a personal injury claim. If you do not file your claim by this deadline, the court will likely dismiss your claim and you will lose your chances at collecting compensation.

There are some exceptions to this rule, but they are not present in all personal injury cases. For best results, contact an Atlanta accident attorney from Hilley & Frieder, P.C. to determine your filing deadline.

What to Do If You’ve Been Hurt in an Accident in Atlanta

As an accident victim, insurance companies, debt collectors and others may try to take advantage of you. Do your best to start building a strong injury claim right away to improve your chances of achieving a successful resolution. Take the following steps after an accident in Atlanta:

  1. Call the police for a serious accident. Give the police your side of the story and ask for the police report number to give to your insurance company.
  2. Exchange information. Write down the names and phone numbers of anyone else involved in your accident, as well as each party’s insurance information.
  3. Do not admit fault to anyone. Admitting fault could automatically bar you from financial recovery. Wait for an investigation to determine fault instead.
  4. Document the accident. If you can, take pictures and videos while at the scene of your accident. Gather eyewitness information and other evidence, as well.
  5. Get medical care. Go to a hospital in Atlanta without delay after an accident. Waiting too long to seek medical care could hurt your chances of receiving insurance benefits.
  6. Call your insurance company as soon as possible. Report your accident to your insurance company as soon as you can.
  7. Do not say too much to an insurance claims adjuster. Stick to the truth, but limit the information you give only to what is asked of you.
  8. Do not sign anything. Wait to sign any documents you receive from an insurance company, especially a liability release form, until you’ve spoken to an attorney.
  9. Gather evidence. Request copies of any police reports and accident reports. Request copies of your medical records, as well.
  10. Contact a personal injury attorney in Atlanta. Before agreeing to a settlement, consult with a lawyer about your legal rights and the value of your claim.

If you get injured in an accident in Atlanta, Georgia, stay calm and try to take these steps to immediately protect your legal rights. When in doubt, call Hilley & Frieder, P.C. right away for a consultation.

Schedule Your Free Consultation With Our Atlanta Personal Injury Attorneys

To schedule a free consultation with our law firm, please contact us today at (404) 233-6200.

Hilley & Frieder can handle all aspects of you case virtually from interview through conclusion. We are open and available to help you. Please view our complete COVID-19 statement to learn more about the steps we are taking to ensure that your case continues to move smoothly in this environment.