Many people are injured each year in accidents that are not their fault. Under Georgia law, you are entitled to compensation if you have been in an accident and suffered injuries or damages. Unfortunately, going after insurance companies to recover the compensation you need and deserve is easier said than done.
A skilled Fairburn personal injury lawyer can help you file a lawsuit and handle settlement negotiations with the insurance company on your behalf. At the Law Offices of Gilbert Sperling, III, P.C., we fight to win maximum compensation for personal injury victims in the Fairburn, GA area.
We ensure your rights are protected. With our skilled personal injury attorney on your side, you no longer have to go through the burden and stress of filing a claim alone and dealing with uncooperative insurance companies.
Call us at 404-418-7816 to book a free consultation, and let us help you receive the compensation you deserve.
What Should I Do After an Injury?
After getting injured, you may be confused or in shock. This is what you should do after an injury.
Get Medical Treatment
If you can, get medical attention at the accident scene, or have a doctor evaluate your injuries as soon as possible. Seeking treatment promptly for your injuries can help you avoid long-term medical complications. Keep all records of treatment since they will be valuable evidence when you file a claim.
Take Photos/Video If You Can
If you can, use your smartphone or a camera to take photos and/or video footage at the scene of the accident. Take photos and/or video of your injuries, damage to any vehicles, and the conditions likely to have contributed to the accident.
Report the Incident
Ensure that you report the injury using the proper channels. For instance, if it’s a vehicle accident, report it to the police. If you were injured on someone else’s property, report your injury to the property owner.
Never Admit Fault
Never admit any fault for the accident without first seeking legal advice. Any statements you make at the accident scene or when talking to insurance companies could be used against you. Admitting any liability for the accident could reduce your compensation significantly or eliminate it.
Call a Personal Injury Lawyer
Talk with a Fairburn personal injury lawyer before you discuss anything further with the insurance company or any of the other parties involved in the accident. A lawyer can advise you on the best way forward and what compensation you can recover.
Why Do I Need a Fairburn Personal Injury Lawyer?
Working with a skilled personal injury attorney will be best if you have been in an accident. Working with an attorney will make your claim process more straightforward. Attorney Gil has experience working on different personal injury law cases and negotiating with insurance companies.
Here are the benefits of hiring a personal injury lawyer.
Case Preparation/Filing a Lawsuit
A lawyer can help you determine the party at fault and prove their negligence. Attorney Gil will review the fact of your case before moving ahead with your claim. He will gather all the evidence to build the strongest case possible and handle filing your claim.
A personal injury lawyer will fight for your best interests and conduct negotiations with the insurance company on your behalf. Attorney Gil has extensive experience negotiating with insurance companies and will aggressively pursue a favorable settlement deal.
Represent You in Court
If settlement negotiations fail and your case proceeds to trial, Attorney Gil will provide representation in court. Just like any experienced personal injury lawyer, he is familiar with court customs and procedures and will fight hard for you to increase the chances of a favorable verdict.
What Type of Damages Can I Recover?
The amount of compensation you receive will depend on the severity of your injuries and other factors. There are three types of damages that Georgia courts may award in personal injury lawsuits.
Economic damages are intended to compensate you for monetary losses and are easy to calculate. They include:
- Past and future medical expenses
- Property damage
- Lost wages
- Vehicle repair and replacement costs
Non-economic damages are intended to provide compensation for the harm that comes with no objective documentation or receipts. Non-economic damages include:
- Pain and suffering
- Disfigurement or disability
- Emotional distress
- Loss of enjoyment of life
- Loss of companionship
Punitive damages are rarely granted. They are not meant to compensate you but to punish the defendant. If the defendant is grossly negligent, they may have to pay punitive damages.
Georgia law normally limits punitive damages to $250,000. But the jury can award punitive damages over this amount in drunk driving accident cases.
How Is Liability Determined?
You must prove the elements of negligence to hold the defendant liable. It will be best to hire a skilled lawyer to help you prove fault in your injury case.
Here are the four elements needed to establish liability.
Duty of Care
Fundamentally, a duty of care means that the other party owes you a legal obligation to act safely and reasonably. For instance, a property manager should keep their premises free from danger.
Breach of Duty of Care
Once you prove that the defendant(s) owed you a duty of care, you must prove that they failed to exercise reasonable care in fulfilling their duty. For instance, a property manager may fail to clean up a spill immediately.
You have to link the defendant’s breach of duty to the accident and prove that it directly caused your injuries. Continuing with the same example, the property manager’s failure to clean the spill caused you to slip and fall and get injured.
You must prove that you suffered injuries and losses as a result of the accident caused by the defendant’s negligence. For example, your attorney may present your treatment records and medical bills as proof of damages.
In Georgia, the modified comparative negligence rule allows you to receive compensation even if you are partly at fault. If you are less than 50% responsible for the damages and injuries you suffer, you can still receive compensation when you file a personal injury claim.
However, your compensation amount will be reduced according to your percentage of fault.
How Long Do I Have to File a Personal Injury Claim in Georgia?
After getting injured, you must file your personal injury claim as soon as possible. The time limit to file a personal injury claim in Georgia is two years from the date of your injury. You will lose your chance to seek compensation if you fail to file your claim within the statute of limitations.
The deadline to file a claim can be shorter or longer in some situations. For example, if the victim is below 18, the time limit starts counting when they turn 18.
Working with attorney Gil will ensure you file your personal injury claim on time while following the proper legal process.
Personal Injury Claims Process
It will be best to work with a skilled Fairburn personal injury lawyer to make filing your claim easier. Here are the general steps for filling a personal injury claim.
Hire a Lawyer
First, you should consult a lawyer after your injury. Attorney Gil will review your case, help you understand your options, and establish the best course of action to take.
Notify Your Insurer
We will let your insurance company know you were in an accident and suffered damages or injuries. Before talking to an insurance adjuster, you should consult a personal injury attorney.
Ensure you have records of your medical reports, invoices of incurred expenses, and other documentation like a police report. We can review this evidence and send the reports to the insurer on your behalf.
Draft a Demand Letter
Attorney Gil will draft a demand letter and send it to the insurance adjuster. Typically, this document will include details about the accident, police report, medical bills and expenses, receipts, and demand for compensation. Demand letters usually include the time limit the insurer has to respond.
Negotiating a Settlement
Insurance companies will try to deny your claim or trick you into settling for less than you deserve. Attorney Gil has extensive experience negotiating with insurance companies. He will handle negotiations with insurers on your behalf and ensure you are fairly compensated.
If negotiations fail, attorney Gil will help you prepare a legal complaint and file it through the proper channel. He has trial experience in similar cases and knows the court rules, so you can be sure you will be well represented and your rights protected.
How Much Will a Fairburn Personal Injury Lawyer Cost?
We understand that your injury may leave you swamped with medical bills, making it hard to pay for legal service upfront.
We serve personal injury victims on a contingency fee plan at the Law Offices of Gilbert Sperling, III, P.C. We will review your case for free, and if your claim is viable, we will help you file a claim. You will only pay when we win your case.
Call 404-418-7816 today to speak to attorney Gil about the cost of hiring one of the best Fairburn personal injury attorneys. We’ll be more than happy to walk you through how our contingency fee plan works.
Personal Injury Cases Handled By The Law Offices of Gilbert Sperling, III, P.C.
You need to work with a skilled attorney to handle your personal injury case to receive full compensation. At the Law Offices of Gilbert Sperling, III, P.C, we are well-versed in the law and have a proven track record of success.
The following are some of the personal injury cases we handle.
A car accident can leave you with severe injuries and alter the course of your life. Insurance companies will fight to get out of paying your claim or minimize your settlement. Our skilled personal injury lawyer will work diligently to ensure you receive your rightful compensation.
Most insurers often assign full blame to motorcyclists in a personal injury case and will do everything to deny their claim. We are ready to evaluate your motorcycle accident claim, represent you, and negotiate with the insurance company to get you a favorable settlement.
Truck accidents frequently cause severe injuries. If you or a loved one was involved in a trucking accident, call us today for a free case review, and let us help you with your case.
It can be challenging to determine the liable party in a Lyft or Uber accident. Attorney Gil has the necessary skills and experience to represent you. He will help you gather evidence, build a strong case, negotiate on your behalf, and ensure you get a fair settlement.
Bicycle accidents can leave multiple parts of your body injured, and the aftermath will significantly impact your life. We can help you file a claim while you take the time to focus on your recovery journey.
Pedestrians hit by vehicles have no protection from the impact and suffer severe injuries. Attorney Gil of the Law Offices of Gilbert Sperling, III, P.C. fights to win victims of pedestrian accidents the maximum compensation possible.
Every property owner has a duty to take care of their premises and deal with safety hazards. When they fail in this duty, injured visitors can file a premises liability lawsuit. Common premises liability cases include slip and fall accidents, dog bites, and more.
If you were injured because of a defective product, then you can file a product liability lawsuit against the manufacturer, wholesaler, or seller. These cases are complex, so you need an experienced attorney on your side to win the compensation you deserve.
Catastrophic injuries have a devastating and life-long impact, leaving victims to cope with steep medical bills, financial hardships, and reduced quality of life. Attorney Gil has the expertise to represent victims of catastrophic injuries such as spinal cord injuries and traumatic brain injuries.
Georgia law allows family members to seek damages from the party responsible for their loved one’s death. While no amount of compensation can take away your grief, a successful wrongful death lawsuit can ease the burden on your family.
Speak With an Experienced Fairburn Personal Injury Attorney Today!
Going against insurance companies and filing a personal injury lawsuit can be a lengthy and frustrating process. However, if you have a skilled personal injury lawyer like attorney Gil on your side, the process becomes more streamlined and less stressful.
Attorney Gil has years of experience successfully negotiating with insurance companies and representing clients in court. He will fight aggressively to make sure you receive the compensation you deserve.