Personal Injury Attorney in Atlanta, Georgia
You don’t have to experience a catastrophic event to file a personal injury claim. Although these events have the potential to impact our lives significantly, so do everyday injuries such as slip-and-falls or minor auto collisions.
More often than not, individuals fail to file a claim because they buy into the myth that their injury is just “not that bad” or believe they have little chance of receiving compensation. Both of these myths are false. If you believe you have been physically injured in any way due to the negligence of someone else, you should seek legal advice from a Georgia personal injury attorney.
At Kyle H. Jarzmik Law, I provide clients throughout the state of Georgia with comprehensive legal assistance for their personal injury claims. As your personal injury attorney, I will carefully review the details of your case and work toward giving you the best chance to hold the other party accountable and get the compensation you deserve. Don’t settle for unpaid medical bills, missed wages, and other expenses. Reach out to Kyle H. Jarzmik Law today for help with your claim if you live in Atlanta, Fulton County, Cobb County, Dekalb County, Gwinnett County, or anywhere throughout the state.
The sooner you contact a personal injury attorney,
the stronger your case will be.
Personal Injury Claims in Georgia
Personal injury cases ask an essential question: Who was at fault for the accident or incident that caused the injury? Fault, in many cases, is far from clear-cut. Sometimes not just one person is at fault. You may have been negligent, and someone else may have also been negligent, making both of you at fault. So, what are the laws regarding personal injury claims in Georgia?
A "statute of limitations" applies to all civil lawsuits filed in Georgia's court system. Georgia law states: "Actions for injuries to the person shall be brought within two years after the right of action accrues." That means, after any kind of accident, an injury claim must be filed within two years. The clock usually starts running on the date of the accident.
In addition, Georgia is a "modified comparative negligence" state. According to this rule, an injured plaintiff can seek financial compensation from other parties as long as the plaintiff is less than 50% at fault for the accident. Here is an example that illustrates the rule:
As an example, let’s say you're driving in and your car is struck by another driver who ran a red light, but you were driving faster than the legal speed limit at the time of the accident. The other driver is determined to have been 90% at fault, and you are assigned the remaining 10% of fault. The modified comparative fault rule reduces your compensation according to your percentage of fault. In this example, if the total amount awarded is $20,000, you'll be eligible to receive $18,000 (due to subtracting $2,000 as the 10% of fault assigned to you in the accident).
Don’t buy into the myth that just because you may be partially at fault for your injury that you aren’t entitled to compensation. The sooner you contact a personal injury attorney, the stronger your case will be.
Filing a Personal Injury Claim
If you’ve been injured in an accident, then you may need to file a personal injury claim to seek compensation from the responsible party. Here is an overview of the steps to filing a claim:
Step 1 — Seek Medical Treatment
The first thing to do after being injured in an accident is to seek medical attention. Failing to seek treatment will not give you an advantage when seeking compensation for your injuries. The responsible party’s insurer will use your decision to not seek medical attention after the accident to question the severity of your injuries.
Step 2 — Contact an Experienced Personal Injury Attorney
Even if you choose not to hire an attorney, you should speak with one to discuss your situation. You may be unaware of certain legal requirements. Even if you believe your injury was insignificant, your claim may be more complicated than you think.
Step 3 — Set Up a Claim
The third step is for you or your lawyer to inform the individual responsible for your accident, and their insurer, that you plan to file a claim. This may help to get your personal injury claim settled more quickly.
Step 4 — Gather Information and Treat Your Injuries
As you continue to receive treatment for your injuries, gather as much information as you can about the accident itself, the details of your injuries, and other damage that occurred. Document everything and maintain good records.
Step 5 — Negotiate a Settlement
Negotiating your claim is not entirely unlike a transaction at a car dealership. You know how much you are seeking, and the insurance provider knows how much it will pay. Neither side truly knows what terms the other is willing to accept. In order to arrive at a settlement, you enter into a back and forth process until an acceptable compromise is reached or a lawsuit is filed.
Step 6 — Reach a Settlement or File a Lawsuit
If your negotiation results in a settlement offer you will be happy with, you and your attorney can accept the offer, but if the respondent does not provide an acceptable offer, you may choose to file a lawsuit to seek the amount of compensation you need
Step 7 — File a Lawsuit
Some personal injury cases are solved before they go to trial. If the steps described above do not result in a settlement, a lawsuit will be the next step. This process begins by filing a complaint for damages, which is a written document of your claims and how much compensation you are seeking.
Personal Injury Attorney Serving Atlanta, Georgia
If you recently suffered an injury in Georgia, you need a strong and assertive partner. At Kyle H. Jarzmik Law, I will work hard to protect your rights, negotiate settlements on your behalf, and take your case to trial if need be. Don’t let your circumstances go unheard. Fight for the compensation you deserve.