Personal injuries can result from a number of situations and accidents. From auto collisions and pedestrian accidents to slipping and falling on someone else’s property, personal injuries all share a main cause: negligence. This means that most injuries that fall under the personal injury category will likely be due to someone else’s negligence or careless actions.
If you were unfortunately affected by someone else’s risky behavior and sustained personal injuries, you may be able to file a legal claim. Getting the professional help of a Sandy Springs personal injury lawyer from Joel Thrift LLC could put you in the best position to receive compensation for your losses.
The most common types of personal injuries
When it comes to personal injuries, there are various injuries that one could suffer as a result of someone else’s careless actions. Sometimes, these personal injuries can even lead to catastrophic injuries, such as the following:
- Traumatic brain injuries
- Broken bones or fractures
- Internal bleeding or organ damage
- Severe burns and skin conditions
- Mental health conditions, such as PTSD
- Neck injuries and spinal cord injuries
If you have suffered any of the injuries above, seeking medical attention is key. You will need to have all your injuries documented if you wish to be compensated for your losses through a personal injury claim. With the help of a Sandy Springs personal injury attorney, you can start taking the necessary steps to file your claim.
How Can We Help You File a Personal Injury Claim
At Joel Thrift LLC, we know that finding the best lawyer for your claim isn’t a quick or easy decision. After suffering from mild to severe personal injuries, the success of your claim will rely greatly on the skills and legal experience of the attorney you choose.
- With 12 years of experience in the law field, Joel Thrift proudly represents individuals, not large companies or entities. This way, victims will always be fought for and supported, allowing those the necessary time to focus solely on recovery.
- We have countless resources that victims can utilize to help them feel confident moving forward with their personal injury claims.
- As a calming influence, our firm can help reduce all the stress that comes with complicated legal issues. We know that we can’t fix everything and may not know the answers to every question, but it is easy to find someone who does with our vast legal network.
Joel Thrift LLC has experience in personal injury claims throughout the Atlanta area. So, if you were injured and need legal assistance in collecting the compensation you are owed, speaking with a Sandy Springs injury lawyer as soon as possible is essential.
Determining fault in a personal injury claim
Determining fault can be difficult with the multitude of causes for personal injuries. However, there are a few elements that get looked at to determine fault. In Georgia, these elements are:
- Duty of care: All people are expected to act in a reasonable way so as not to cause injury to others. This means that those on the road should obey speed limits and stop for pedestrians or that building owners should make sure there are no hazards on public properties.
- A breach of this duty: In the case of your accident, you need to ask, “Was the person who caused my injuries acting in any way reckless, breaching their duty of care? If the answer is yes, they can likely be held liable for injuries.
- Causation: Stemming from the answer above, you need proof that their lack of care and reckless behavior caused your injuries, known as causation. Think about this – if they acted in a normal and responsible way, would you suffer no injuries?
- Damages: As a result of the individual’s breach of duty of care, they must have caused you injuries that brought calculated losses. If you have documented injuries from an accident, you most likely can hold this person accountable.
Modified Comparative Negligence in Georgia
Comparative negligence means that in the case of an accident, injured parties may be able to collect damages even if they were found at fault. While victims may still recover damages if partially at fault, their total compensation amount will be reduced.
For example, if you are in an accident and are found 49% at fault, your compensation will be reduced by this percentage. However, if you are 50% at fault, then you might not be able to recover damages due to comparative negligence laws in Georgia.
This concept can be confusing, which is why it’s helpful to speak with a legal professional. Enlisting the assistance of a Sandy Springs personal injury attorney can offer many benefits to your claim and clarity that only someone with experience can bring.
Filing a personal injury claim in Sandy Springs
Getting injured because of someone else’s negligence can bring on many expenses for victims. Some of the reasons to file a personal injury claim are to recover compensation for anything from medical bills to lost wages from lack of the ability to work.
However, in the chaotic moments following your accident, there are necessary steps you should take.
Get medical treatment and call 911 if applicable
Depending on the type of accident you are in where injuries are caused, calling 911 should be the first thing you do. In a car accident, calling 911 will be highly beneficial due to the police report that will be filled out. This report will contain official and accurate information about your accident, document all injuries, and give an opinion of who was at fault.
Ultimately, seeking medical assistance is one of the first things you should do following an accident. Medical professionals will ensure you are looked after and that all your injuries are documented. Your injury lawyer in Sandy Springs, GA, will need this when fighting for your compensation.
Gather the necessary evidence
If you are able to, gathering evidence from the scene is important. Taking pictures or videos of what happened and getting all contact information from those involved will be needed in the legal process. Additionally, if there are witnesses, you should collect their statements and get their contact information as well.
It’s also important to keep detailed records of all expenses throughout your days and weeks following personal injuries. Things such as medical bills, property damage receipts, employment records, and any new injury documentation will be useful in your claim. Your Sandy Springs personal injury lawyer will use all this to calculate your losses.
Hire an experienced lawyer
There are many moving parts in the legal process, and the only way to stay on top of them is to seek the help of a skilled lawyer. Attorney Joel Thrift has experience in personal injury claims and can represent you in your fight for compensation.
Contact your insurance company
Next, you will need to speak with your insurance and declare the accident. Your personal injury attorney from Joel Thrift LLC can do so on your behalf and file an insurance claim. While some of your losses will be covered by your own insurance company, an insurance claim against the other party’s provider will likely be needed.
File an insurance claim against the individual who is at fault
If you haven’t already filed a claim against the other party, your Injury attorney in Sandy Springs, GA, can do so. This process can be done easily, and all evidence you and your lawyer have collected will be utilized. Fault will need to be determined and have extensive proof to back the claim.
A demand letter will be sent
A demand letter, a document that specifies how much you are asking for from all your losses, will be sent to the insurance company. From here, your lawyer and the insurance companies will negotiate to find a settlement amount that both sides agree on.
Your Sandy Springs injury attorney will work hard to ensure that the settlement amount is in your best interest. In most cases, claims with personal injuries are settled before going to trial, and only a small number of cases ever make it to trial.
Filing a personal injury lawsuit
In Georgia, if you don’t settle your claim with the insurance companies, you can then move forward with your case. First, you and your Sandy Springs personal injury attorney must draft a complaint. This will describe your injuries and prove that the other person is at fault.
From there, the judge and jury will be responsible for determining the amount you are owed, if any. This process, however, can take longer than settling out of court. In general, taking your claim to trial could take anywhere from a few months to a few years to complete.
How does insurance in Georgia affect a personal injury claim
Because personal injuries can stem from various accidents, it’s important to know that different types of insurance policies will affect the outcome of your claim.
- Car insurance: If you were in a car accident, you would need to file a claim with your auto insurance company. In Georgia, all drivers must carry insurance, so it’s likely a straightforward process.
- Property insurance: When a fall occurs on someone else’s property, you will need to speak with the owner’s property insurance company. Homeowners and businesses are required to carry insurance that will cover almost every claim that is directly related to their property.
- Liability insurance: For larger businesses and properties, you must file your claims with a general liability insurance provider. Typically, larger businesses or larger events that are thrown on properties require basic liability insurance. This way, if anything happens due to someone’s negligence, they will usually be covered.
The timeframe to file a legal claim
Each state follows its own legal timeframe that lets victims file a personal injury claim. In Georgia, the statute of limitations is two years. This means that if you were injured from someone’s negligence, you have two years from the day you were injured to file a legal claim.
Two years may seem like a long time, but it goes fast, and the legal process can get tricky. This is why speaking with a Sandy Springs personal injury lawyer as soon as possible can determine the outcome of your compensation amount
Damages you could be compensated for in a personal injury claim
Following a personal injury, you may be entitled to recover your losses. Depending on the severity of your injuries and the damages you sustained, you and your personal injury lawyer from Joel Thrift LLC can calculate your losses and seek compensation for the following.
Economic damages encompass all losses that are tangible. If you have sustained a loss that can have a set monetary value, this is economic damage. For example, these losses include:
- Loss of wages from the lack of ability to work
- Medical bills
- Property damage
- Physical therapy
On the other hand, damages in this category are all losses that are intangible. There are usually no values associated with these losses, and your lawyer or a court and jury determine them. The most common non-economic damages are:
- Psychological or emotional effects
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
Economic damages are fairly easy to be compensated for because of their set value. However, non-economic damages are a bit trickier because of their subjective nature. This is why it’s best to have a Sandy Springs personal injury lawyer to defend your claim when needed.
Seek the justice you deserve after personal injuries
No matter what type of accident you have been involved in, obtaining legal help will likely be necessary. We understand that injuries from someone else’s careless actions bring about stress, loss, and a lack of hope. But, at Joel Thrift LLC, we can help manage all this and more.
Personal injury cases can have their ups and downs, which is why we offer free consultations. In this consultation, we can get a better understanding of what you are facing and come up with the best plan to move forward. Give us a call at (404) 618-4816 today if you wish to speak more about your claim.