Milton, GA Personal Injury Lawyers
In Milton, holding negligent parties responsible for personal injuries is possible when victims file compensation claims within two years of an accident.
If you are injured by negligence, get medical care and document your injuries immediately. Calling 911 and involving the police often makes this easier for victims, regardless of the accident type. Then, we can begin tracking victims’ damages, which typically start building immediately. After determining liability for your injuries, we can file a complaint with the court, making sure to do so within the allotted window of opportunity. Whether after successful settlement negotiations or trials, victims may get lump sum or structured payments. Your settlement or jury award should reflect your total damages, and our lawyers can advise you against accepting an offer that is less than what you deserve from the liable party.
Call Rice, Murtha & Psoras at (470) 287-3070 for a free and confidential case discussion with our Marietta, GA personal injury lawyers.
The Different Stages of a Personal Injury Case in Milton, GA
Personal injury claims have several stages, starting with the immediate aftermath of accidents. During this time, victims should document incidents and injuries and can do so by calling 911 and involving the police. We can investigate liability and track victims’ damages, preparing and filing claims before the clock runs out.
Accident and Immediate Reporting
Injury claims begin with an accident due to negligence, like a car crash or slip and fall. The moments after sustaining an injury are some of the most crucial for victims, as during this time, they can document the scene and preserve evidence. Many car accidents must be reported to law enforcement in Georgia, and victims injured in other situations can call 911 and get help from the police. Victims can also call for paramedics, especially if they need transportation to the hospital. Take pictures before you leave the location as well.
Investigating Liability and Tracking Damages
Then, our personal injury lawyers can investigate the incident and identify all potentially liable parties. For example, if a commercial truck driver hits you while delivering goods, their employer may be financially responsible for your damages because of vicarious liability. In other cases, the cause of victims’ injuries and whether they contributed to the accident could be an issue. Because of Georgia’s comparative fault rules, victims who share liability for their injuries recover fewer damages and, sometimes, might be blocked from compensation entirely.
We can also start tracking your damages during this time, as much of your financial losses might come right after an incident. Emergency medical care is among the most expensive types of treatment. It could be several days before some victims are discharged from hospitals, resulting in overwhelming medical damages from the get-go. This makes obtaining, organizing, and analyzing medical records and bills a top priority for our lawyers during this stage in claims.
Preparing and Filing Complaints
When writing a personal injury complaint, we must include certain information, starting with a brief outline of the case’s facts and the accident’s details. The complaint must name the defendant, state how they were negligent and injured the victim, and contain the victims’ requests for compensation.
We must then file the complaint with the court, which must happen no later than two years after the date of injury, according to O.C.G.A. § 9-3-33. Missing the filing deadline would bar you from recovering compensation for your losses, even if the defendant would have been liable for your injuries. The only way around this is if a claim qualifies for a rare exception to the statute of limitations, and our lawyers can see if that is true for your case.
Negotiating Settlements or Proceeding with Trial
Settlement negotiations may make up most of your case unless you proceed with a trial. There is no time limit on how long settlement negotiations might take, but there are several tactics our lawyers may employ to speed up the process. We can present clear proof of your damages, including pain and suffering, and evidence that would prove causation. This is a key element of personal injury claims and requires victims to prove that the defendant was negligent and their negligence caused the victim’s injuries. Eyewitness statements can achieve this, and our lawyers will prioritize locating witnesses and interviewing them while investigating personal injuries.
Though many personal injury lawsuits settle without court, some must go to trial for victims to recover sufficient compensation for their damages. Our lawyers can help victims make this crucial decision based on current settlement offers and the general direction of negotiations. During a trial, our attorneys will be able to present all proof of the defendant’s negligence, including evidence like expert witness testimony, eyewitness testimony, security camera footage, photos, and medical records, and the jury will award damages. Victims can go to court at any time before signing a settlement agreement with a defendant.
Recovering Damages at Once or Over Time
The two ways victims get compensation are through lump sum or structured settlements. Lump sum settlements often seem preferable since they require defendants to pay victims the entire amount at one time. The other type is a structured settlement, under which defendants pay victims in installments over a period of months or years. In structured settlement agreements, the terms are negotiated between parties, and we can ensure they benefit you as the victim. Structured settlements are more common, as lump sum settlements might be outside a defendant’s financial ability. When reviewing lump sum settlement proposals, evaluating them keenly and comparing them to our calculations of your total losses is important. While lump sum offers might seem fair, they could fall short, leaving victims uncompensated for all damages.
Call Our Lawyers for Help with Your Claim in Milton, GA
Call Rice, Murtha & Psoras at (470) 287-3070 for a free case assessment from our personal injury lawyers.