Gainesville, GA Personal Injury Lawyer

Personal injuries lead to costly damages for victims that are compensable in claims against negligent parties.

Recovering compensation for a personal injury is a complicated process that victims cannot complete unless they file claims on time. The statute of limitations for injury lawsuits is two years in Georgia, and we can confirm if this general deadline applies to your case. While preparing your lawsuit, we will keep track of all damages from the accident so we know your claim’s value before negotiating a settlement. We can prepare for lowball initial offers and respond with counters representing the compensation you deserve due to the defendant’s negligence. If the defendant refuses to settle at a fair amount, our lawyers will not advise you to accept a low offer and can take your case to court to be heard and decided by a jury.

Call Rice, Murtha & Psoras at (410) 694-7291 for a free and confidential case assessment from our personal injury lawyers.

How to Get a Fair Personal Injury Settlement in Gainesville, GA

Getting fair injury settlements starts with filing claims by the deadline in Georgia, typically two years from an accident. Victims also need to know what their claims are worth so they do not accept bad offers from defendants, which is why our lawyers will diligently record all losses from the accident, economic and non-economic.

File on Time

The first step in getting fair settlements for personal injuries is filing timely claims. Victims may not recover damages without initiating their cases on time, meaning they must file before the statute of limitations runs out. According to O.C.G.A. § 9-3-33, victims generally have two years to start their claims after accidents due to negligence. There are different rules for minor victims, for whom the statute of limitations will pause until they turn 18, giving them until age 20 to sue.

Furthermore, if a defendant leaves the state, which is common after an auto accident involving out-of-state drivers, the statute of limitations will pause for that period, according to § 9-3-94.

Additional exceptions to the statute of limitations exist, such as for accidents caused by defective products. According to § 9-3-71, there is a five-year statute of repose following the date of the negligent act, limiting when victims can file even if they discover their injuries much later.

Our attorneys can quickly identify the appropriate deadline for your case, which will likely be two years from the accident, and proceed accordingly. We can make sure we file before the deadline to negotiate a fair settlement on your behalf.

Know Your Claim’s Value

The next step is learning the value of your claim, which our attorneys can do by carefully tracking all damages from the accident, both financial and emotional. This will begin right away with the cost of emergency medical treatment. If you must go to the hospital after an accident, our personal injury lawyers will obtain records from that visit to use as evidence of injury. The cost of that visit and any subsequent surgeries, treatments, therapies, or other visits with physicians should be covered. Fair settlements should compensate victims for all reasonable medical expenses from an accident, and we can prove your losses with bills from throughout your treatment.

In addition to medical damages, victims may incur lost wages when they cannot return to work following an accident. We can factor those damages into your claim’s value, as well as any non-economic damages from pain and suffering. Not considering a victim’s emotional distress from an accident could cause them to miss out on crucial damages that are otherwise compensable, mainly non-economic damages. Georgia does not limit non-economic damages for injury victims, whether in settlements or jury awards.

Anticipate Low Initial Offers

Do not be surprised if the first settlement offers we get are lower than what you deserve. Starting low is common, and the first offer does not necessarily indicate how high the opposing side is willing to go.

When presenting initial offers, defendants might claim that their calculations took victims’ negligence into account based on Georgia’s comparative fault laws. Under § 51-12-33, juries can lower damages proportionally to victims’ negligence. Aware of this, defendants might attempt to twist evidence or intimidate victims during settlement negotiations to convince them they are legally responsible for the accident in some capacity. Concerned that they might not be able to recover more damages, victims might accept lowball offers, which would end their claims. Our lawyers can enter settlement negotiations prepared to address low offers based on comparative fault arguments and prevent you from accepting less than you are entitled to.

Be Prepared with Counteroffers

We will present counteroffers based on our calculation of your damages and the available evidence. If we have witness statements corroborating your claim, we can leverage them over the defendant during negotiations. We can do the same with other evidence, like your medical records, accident reconstruction, and photos from the scene. Our aim during these negotiations is to reach an agreement that is favorable to you. Despite presenting counteroffers with supporting evidence, defendants do not always increase their offers appropriately, particularly regarding victims’ non-economic damages.

Only Accept a Fair Offer

Going to court can benefit victims with sufficient evidence to meet the burden of proof and establish liability. Because Georgia does not cap compensatory damages for injury victims, they stand to recover significant amounts via jury awards, especially regarding their non-economic damages. Sometimes, indicating you are ready to proceed with a trial is enough to convince the defendant to settle at a higher amount, as defendants often want to save the time and resources associated with a trial. If settlement negotiations are stalling and we believe you could claim greater damages by going to court, we may suggest you proceed with a trial so that you can hold the defendant liable for all damages from an accident, including future medical bills and lost wages.

Call Our Lawyers in Gainesville, GA for Help Today

Call Rice, Murtha & Psoras for a free case review from our personal injury lawyers at (410) 694-7291.