Practice Description

woman reading letter after personal injury accidentPeople in Duluth and throughout Georgia are hurt in accidents every day. Most people don’t prepare for the financial costs associated with injuries sustained in unexpected accidents. They can take comfort in the fact that they might have a basis for a personal injury claim if their accident was the fault of someone else’s negligence.

If another party was responsible for your accident, they should be held accountable for the difficulty you are now facing. Thanks to Georgia’s negligence laws, they may be liable for the damages their actions directly caused. If successful, a claim can help injury victims like you recover compensation for their losses from medical bills, treatment-related expenses, lost income, pain and suffering, and more.

At Andersen, Tate & Carr, we know that you are feeling overwhelmed. You may not understand why this accident had to happen to you. Unfortunately, life is not always fair and people are dealt hands they don’t deserve. If you have been forced to suffer physically, emotionally or financially due to the error or negligence of someone else, it is your right to seek compensation.

Whether you have been hurt in a truck accident, pedestrian accident, slip and fall, or other type of incident, you have the right to file a personal injury lawsuit if your injuries were the result of another’s poor decisions. Medical bills can quickly add up, forcing you to make financial decisions that are difficult. You may be worried about being able to pay your medical bills while still maintaining your household. It’s time to fight for the justice you deserve.

We understand that you and your family may be under a great deal of stress. Not only are you trying to heal from the damage that has been done to your body, but you may be worried about the damage that has already been done to your bank account and the bills that may be coming in the future. You should not be faced with these worries.  We are here for you.

Contact us online or give us a call today at 770-237-9860 for a free consultation with a Duluth personal injury attorney.

What do Personal Injury Lawyers Do?

If you have been injured in an accident in Gwinnett County, you have the right to seek damages. If your accident was caused by another, we will work to hold that party responsible. Our team will put our knowledge and years of experience to work for you in order to obtain the best possible outcome to your case.

A personal injury attorney in Duluth will help you uncover evidence related to your case. He will communicate with insurance companies on your behalf and negotiate settlements. Most importantly he will make sure that the people who are responsible for your accident and injuries are held responsible.

Elements of Personal Injury Cases

If another party was responsible for your accident, that person should be held accountable for the difficulty you are now facing. Thanks to Georgia’s negligence laws, he or she may be liable for the damages their actions directly caused. If successful, a claim can help injury victims like you recover compensation for your losses from medical bills, treatment-related expenses, lost income, pain and suffering, and more.

The legal principle of negligence states that parties who fail to exercise the proper duty of care should be liable for the damages their negligent actions caused. In order for such a claim to be successful, you must demonstrate four things:

  • Duty — The defendant had a duty of care either because
    1. There are laws that define their duty to act a certain way
    2. There are standards that apply to their profession, such as a medical practitioner or a freight truck driver
    3. There are expectations to exercise “ordinary care” as a “reasonable person” would
  • Breach — The defendant lapsed in their duty, which directly led to an accident or incident
  • Injury — The lapse in the defendant’s duty of care directly caused an injury to the plaintiff
  • Harm — The injury the plaintiff sustained had significant damages that cause the plaintiff undue hardship for which they should be reimbursed

 

Proving all four elements is not always easy. Sometimes, injury victims must rely upon a Duluth personal injury lawyer in order to form a strategy for their case that has a high chance of success.

Your injury attorney will research how your unique situation applies to the legal strategies used during past successful claims. He will also attempt to gather evidence of both the defendant’s negligence and the real physical, financial, and mental damages you have sustained as a result.

If the defendant or his insurer tries to dispute the facts of your claim, your injury lawyer can put forth a counter argument backed by evidence and case precedent. Your lawyer acts as your advisor and advocate. His invaluable guidance helps you navigate the legal system in such a way as to give you confidence throughout your claims process.

Don’t feel as though you are alone right now. Our team is here for you as you take the steps to put your life back in order. We understand all of the options available to you and will explain them so that you are able to make an informed decision regarding your case.

Important Information About Insurance Companies

When you are involved in an accident, you may have to deal with insurance companies. This could be the auto insurance provider for the other driver involved in a car accident, homeowners’ insurance companies if you slipped and fell by your neighbor’s pool, or the insurance provider for a business.

These insurance agents might seem friendly enough initially, but they are not on your side. In fact, insurance agents received specialized training on how to offer lower settlements than what you deserve for personal injury claims. Their job is not to work with you to reach a fair settlement, but rather to work with you in such a way that you agree to the lowest possible settlement.

You might speak with someone who appears to be acting in your best interest by providing you with a fair settlement. In fact, if you have a serious claim which warrants a high amount of compensation, the insurance adjuster will very likely be friendly and attentive and will attempt to establish a relationship with you under the auspices that they are there to help.

If you talk to an insurance agency and they offer you compensation, be sure to consult with an experienced personal injury lawyer first. Never take the first offer, as this is always the lowest possible offer.

In many cases, the first offer is far from what you could potentially get if you were to negotiate a settlement with a Duluth personal injury attorney on your side. In fact, you shouldn’t speak with insurance adjusters without consulting a personal injury attorney on your side because they can take recorded statements from you with loaded questions which, if you answer, can work against you long-term.

Types of Cases ATC Law Firm Handles

When you hire our Duluth personal injury lawyers, we can help you with a variety of case types:

Trucking accidents are those that involve commercial vehicles, and they are often more dangerous because of the massive sizes of semi-trucks

Car accidents may involve cars, trucks, pedestrians, motorcycles, and bicycles and commonly take the form of rear-end collisions, single vehicle car accidents, T-Bone accidents, sideswiped merging cars, and accidents at low speeds in areas like parking lots.

Negligent security falls under the umbrella of premises liability and it encompasses any situation where you were the victim of a criminal attack that was violent and you were on someone else’s property when it happened. This could be, for example a customer who was followed to her car when leaving a shopping center and was mugged or someone who got robbed while filling up at a gas station, assaulted inside of a hotel room, or assaulted in the lobby of a residential building. Commercial establishments are responsible for keeping their property safe and if they know that there is violent criminal activity close to that area they have to do something to protect customers.

  • Premises Liability

Premises liability is a broad range of cases that pertain to injuries and accidents resulting from dangerous conditions on a property. This can be an accident that happens on a commercial property like a parking lot or an injury sustained inside of a retail store as a result of obstacles in the main pathway. It can even include things like missing handrails alongside stairs or slippery floors.

Pedestrian accidents are any accidents in which pedestrians are struck by a vehicle. Pedestrian accidents are more common during rush hour on week days, especially in downtown areas with heavy foot traffic and roadways.

  • Nursing Home Abuse

The CDC claims that over 500,000 adults over the age of 60 are abused every year. This includes abandonment, physical abuse, emotional abuse, financial abuse, sexual abuse, and neglect. When this abuse or neglect takes place in a nursing home, that facility can be held responsible if a resident of the nursing home was harmed. This harm can occur because of inadequate training, understaffing, negligent hiring, medication errors, and more.

  • Medical Malpractice

Medical malpractice claims cover any type of negligence involving a medical professional. This could include a pharmaceutical mistakes, surgical errors, injuries at birth, or even something as simple as a misdiagnosis.

Slip and fall accidents typically fall under the umbrella of premises liability. You could, for example, slip and fall because of a faulty handrail in a commercial building.

When someone is killed as a result of another person’s negligence, it may result in a wrongful death case. Wrongful death may take place after a car accident or even from negligence in a nursing home. It could also be the result of a medical error or a defective product.

Duluth Personal Injury Statistics

  • Total Crashes
  • Total Injuries

FAQ'S

Absolutely. If you were involved in any type of personal injury, it is incumbent upon you to complete any legal steps required. For example, if you were involved in a car accident you need to contact the police to get a comprehensive police report of what happened.

If you were injured it is up to you to seek medical attention immediately to diagnose the extent of your injuries and determine any steps you need to follow to help your recovery. If you were injured because of a slip and fall or a car accident, and you opted not to seek medical attention, your decision could hinder your case.

When accidents, you can help your attorney by getting pictures of anything and everything you can. This includes damages, the area where you slipped and fell, a broken handrail, or anything else that could be used as evidence in your case.

The amount of time you have to file a claim is called the statute of limitations. This time limit may vary based on the type of claim you are filing. It is imperative that you speak with a qualified attorney immediately who can let you know the exact number of years you have for your specific type. In some cases in Georgia, you have only two years to file.

The cost of an attorney is contingent upon the case and the way your Duluth personal injury lawyer chooses to bill. At law firms like Andersen, Tate & Carr, attorneys receive a portion of the winning settlement. Effectively they take on your case for nothing in exchange for a lump sum payment once you win the case.

Other attorneys choose to bill on an hourly basis for certain costs such as labor and supplies rather than take the settlement at the end. It’s up to you to discuss with the Duluth personal injury attorney you are considering what their firm’s policy is.

Just because you were injured doesn’t mean you have a personal injury case. In order to have a legitimate personal injury case you have to establish fault. This means that you have to prove the other party or parties involved were negligent. Negligence means they had a level of responsibility that they were aware of and they failed to meet that responsibility and as a direct result you were injured.

For example:  if you are involved in a car accident and you bruise your ribs, that doesn’t mean you can get compensation. However, if you were in a car accident and you bruise your ribs as a result of another driver running through a red light and now you’re unable to work, you can get compensation for things like damage to your vehicle, lost income from not being able to work, and your medical bills.

You should contact a personal injury lawyer in Duluth immediately after your injury. Only with the help of a qualified attorney can you maximize your potential settlement, figure out whether you are entitled to special damages, and successfully prove the more challenging aspects of your personal injury claim like mental and emotional distress.

Working with an attorney gives you the peace of mind that you need in a time of stress, knowing that you have a team of trained individuals who will keep you updated on what is needed from you, what documents you need to provide, and otherwise help you to focus on your recovery.

Speak with a Duluth Personal Injury Lawyer Today

There is a statute of limitations on personal injury cases in Gwinnett County. You only have two years from the date of your injury to file your lawsuit, meaning the clock is already ticking. Call our office today at (770) 822-0900 to schedule a consultation with a member of our team. You can also reach out to us online at your convenience. We will explain all of your legal rights and options to you and help you take the first steps on the path to financial recovery.