Atlanta Personal Injury Lawyers

Many personal injury lawsuits are brought under a theory of negligence. This means showing that the defendant owed you a duty of care, departed from the duty of care, and caused your damages. If you can establish liability, you may be able to recover compensatory damages. Georgia follows the rule of modified comparative fault. This means that your damages can be reduced by an amount equal to your degree of fault, if any. You cannot recover damages if you were 50 percent or more at fault. Our local personal injury lawyers can help Atlanta residents prevent defendants from improperly shifting blame to them.

After a car accident, you can sue an at-fault driver for damages. In most cases, you will need to show another driver’s negligence. Common reasons for car accidents include speeding, driving while distracted, driving while fatigued, drunk driving, talking on a cell phone, driving unsafely for weather conditions, and tailgating or driving aggressively. After a complex car accident with multiple parties potentially at fault, your Atlanta car accident lawyer may conduct accident reconstruction to determine all the parties that should be brought into the case to maximize your damages.

Truck accidents can be especially devastating because of the size and weight of the truck. Many truck accidents could have been prevented if the truck driver and the trucking company had followed safety regulations. For example, some accidents result from a truck driver failing to follow hours of service and rest break rules. The truck driver may bear some fault, and their employer may have contributed as well by failing to check the driver’s logbooks or by actively encouraging him to break the rules to make faster deliveries. Our Atlanta personal injury attorneys can hold truckers and trucking companies accountable to victims.

Motorcycle riders may suffer catastrophic or fatal injuries when they collide with a larger vehicle. Drivers of larger vehicles may not see motorcyclists or may fail to understand that motorcyclists have the same rights as them. Often, insurers and juries are biased against motorcyclists and may look closely for ways in which they might have been at fault. This makes it crucial to retain an attorney who knows how to present your case in the way that is most likely to yield a favorable outcome.

Not all property owners abide by their duty to use reasonable care to keep their premises safe for visitors. When a property owner does not warn about or fix a dangerous condition on their premises, and you are harmed as a result, you may have a basis to bring a premises liability lawsuit. You will need to show that the owner knew or should have known about the dangerous property condition before the accident. Showing notice can be complex, but we understand how to preserve, gather, and present evidence to prove the liability of a property owner.

Medical malpractice occurs when a doctor or other health care provider fails to abide by their professional duties and causes injuries. Common examples of medical malpractice include surgical errors, misdiagnoses, medication errors, and birth injuries. Top personal injury lawyers will often retain qualified experts, even before filing suit, to evaluate the facts and medical records, and to determine whether you have a viable basis to recover damages. With the complaint, we will need to file an affidavit by the expert that states at least one negligent act perpetrated by the defendant health care provider and provides a factual basis for the complaint.

When you place a loved one in a nursing home, you probably do not imagine that they might sustain serious injuries or death as a result of the staff’s actions. Unfortunately, nursing homes may be understaffed, or staff members may not be adequately trained to care for elderly or disabled people. Nursing home abuse may involve emotional, physical, or sexual abuse. All nursing homes are required to follow federal and state regulations and laws. If they fail to follow these regulations or laws, this may substantiate a claim of negligence.

If you were injured because a product was defective, you may be able to sue the manufacturer or seller for damages. Generally, products can be defective in terms of marketing, manufacturing, or design. A product liability lawsuit may be pursued under a theory of negligence or strict liability. When strict liability is asserted against a manufacturer, you will not need to show that the manufacturer’s actions fell below a standard of care. Instead, a personal injury and accident lawyer in the Atlanta area will need to prove that the product was defective when it left the manufacturer’s control, and the defective condition of the product caused your injuries.

Dog bites can result in catastrophic injury, and even death, for adults and children alike. Sometimes victims may need reconstructive surgery or other expensive treatments. Dog owners may be held liable for the injuries that their dogs cause to others. Under Georgia law, someone who owns or keeps a vicious or dangerous animal of any sort may be held liable for injuries caused by the animal if they allowed the animal to run free or carelessly managed the animal.

When you lose a loved one in an accident, you may be overcome with grief, and you may also face substantial expenses. A wrongful death lawsuit has two parts. The estate claim allows the estate to recover medical expenses, funeral expenses, and damages for pain and suffering before the death. Meanwhile, the full value of the life of the decedent is a distinct claim. In most cases, this is a surviving spouse’s claim. However, when there are also surviving children, the reward should be shared. The decedent’s spouse should not get less than one-third of the recovery.

If you were injured on the job, you may be able to obtain medical, rehabilitation, and income benefits through the workers’ compensation system. This is no-fault insurance. In other words, you do not need to prove that your employer was at fault for your injuries. Likewise, your employer cannot get your compensation reduced by showing that you were partially to blame for your accident, as it could in a civil lawsuit. You are covered by workers’ compensation from your first day working for your employer.

Understanding the steps you should take after an injury accident, and knowing what to expect with your personal injury claim, can make the entire process easier. Everyone should understand their legal rights to compensation after suffering personal injuries in Georgia.

If you do not obtain legal representation, you run the risk of settling your claim too fast, and for a lesser amount than you might otherwise have received. Our skilled attorneys know that insurance companies are only looking out for their own bottom lines, and we are passionate about ensuring accident victims obtain competent legal advice for Georgia personal injury claims.

The road to recovering fair compensation typically starts with a consultation with a personal injury lawyer in your area. During this initial meeting, your legal professional will work to understand the details of the incident, help you understand your rights and options, and answer your questions.

If we determine that you have a valid claim against one or more responsible parties, we will begin the process of filing your claim, following Georgia civil court rules. Many claims are settled out of court after negotiations with insurers. However, our attorneys will prepare to take your case to court if the other party is unwilling to agree to fair terms.

Negotiations can be an ideal solution in many personal injury claims, offering a cost-effective alternative to a lengthy court proceeding. Civil court trials can be time-consuming and costly, encompassing several procedural stages such as discovery, examination/cross-examination, opening and closing statements by counsel, and deliberation by the trier in fact.

There is also a statute of limitations in Georgia, or a time limit, for filing personal injury claims. This limit is generally two years from the date of the injury accident (or the victim’s death in a wrongful death claim). However, there are circumstances where different time periods apply. It is important to consult with a skilled attorney as soon as you feel up to doing so, in order to understand applicable timing considerations.

When you choose to work with Van Sant Law, there are usually no upfront costs. In addition to offering free initial consultations, we work on a contingent fee basis. This means that we are only paid if we are successful in securing a settlement or court award for you. In that case, we will take a pre-agreed-upon percentage of your settlement to pay our fees.

The amount you might receive in compensation for your injuries depends on a variety of factors. The best lawyers for personal injury claims are adept at valuing victims’ losses based on accident severity, damages sustained, and how victims’ injuries are likely to impact all areas of their lives — in the short term and the long term. Your injury and pain and suffering lawyer will work closely with you to fight for the compensation you deserve.

Under Georgia law, if an injured accident victim is partially responsible for the accident, but the other party was more than 50% responsible, then the victim can still recover damages. However, the amount of those damages will be reduced proportionally to the percentage you are at fault. This is a modified comparative negligence rule.

When you engage a Van Sant Law personal injury attorney, you will have a dedicated legal advocate in your corner. Your lawyer will help in several key ways:

• Conduct a Thorough Evaluation. During your initial consultation with us, we will seek to understand what occurred, and what the extent of your injuries are. We will ask you questions about your job status during the incident, time needed away from work, your medical expenses related to the accident, and more.
• Gather Evidence. To prove your claim for damages, your attorney will need to demonstrate, through evidence, who was at fault and what damages you sustained.
• Provide Representation. We will represent you throughout the duration of your claim, acting on your behalf and in your best interest to protect you.
• Seek Expert Opinions. When appropriate and when it will help further your claim, we may consult with expert witnesses and accident reconstructionists.
• Calculate Damages. We will work hard to calculate your economic and non-economic damages, including those you have already realized as well as anticipated future medical costs.

If you want to pursue full and fair compensation for your injuries, it is crucial to understand the process. When you choose Van Sant Law, you can be confident you have an experienced and compassionate legal partner on your side. We will be there for you, protecting your best interests and helping you navigate the legal system with confidence, so you can focus on recovering from your injuries.

If you sustained injuries in a serious accident, you should consult the seasoned personal injury attorneys at Van Sant Law. We are committed to seeking justice for accident victims. We have offices in Atlanta, Alpharetta, Athens, Cumming, Duluth, Lawrenceville, and Gainesville. Call us at (855) GA-INJURY or complete our online form.