No one expects to be in an accident, but thousands of people are injured in accidents each year in Georgia. Faced with a long recovery and mounting medical bills, injury victims often feel helpless and alone. If you or a loved one has been injured in an accident that was not your fault, you need the advice and guidance of an experienced personal injury attorney.
E.N. Banks-Ware Law Firm, LLC represents injury victims in Dekalb, Metro Atlanta and throughout the state of Georgia. We handle all types of injury claims arising from:
- Car accidents
- Bicycle accidents
- Construction accidents
- Defective products
- Dog bite accidents
- Motorcycle accidents
- Pedestrian accidents
- Premises liability
- Truck accidents
- Slip and fall accidents
Knowing that being injured in an accident is an overwhelming experience, we will offer you aggressive legal representation and fight for the compensation you deserve.
What is a personal injury lawsuit?
A personal injury lawsuit can be filed if an individual is injured in an accident that was caused by the negligent, reckless or willful conduct of another party. In Georgia, all individuals have an obligation not to cause harm to others. In legal terms, this is referred to as a “duty of care.”
To have a valid injury claim, it is necessary to demonstrate that (1) the other party breached his or her duty by causing the accident and (2) the injury victim sustained actual damages as a result of the accident, (e.g. lost wages, medical expenses, property damage, or pain and suffering).
It is important to note that injury claims are typically resolved through a negotiation process with an insurance company. Although insurers often seek to deny claims or pay out as little as possible, our attorneys are tough negotiators who will make sure you receive the full value of your claim. If an insurer fails to make a fair settlement offer, we are prepared to take them to court.
How much is my personal injury claim worth?
The amount of compensation that can be obtained in a personal injury claim depends on factors such as the nature of the accident, the extent of your injuries, and your role, if any, in causing the accident. The last factor is important in light of the rules of comparative negligence in Georgia. While injury victims may be awarded compensation if they are partially at fault for an accident, those found to be 50 percent or more at fault cannot recover damages.
In any event, if your claim prevails, you may awarded compensation that includes economic and non-economic damages.
- Economic damages cover your financial losses, such as lost wages, past and future medical expenses, and loss of earning capacity
- Non-economic damages designed to compensate you for pain and suffering, physical disabilities, and loss of enjoyment of life
If the responsible party’s conduct was unlawful or particularly egregious (driving under the influence, for example), punitive damages may also be awarded. Although pursuing a personal injury claim can be complicated, we will help you navigate the legal system and make sure that you are treated fairly.
How long do I have to file a personal injury claim in Dekalb County, Georgia?
If you have been injured in an accident in Georgia, you must file a personal injury lawsuit within 2 years of the date of the accident. If your claim is against a public employee or government agency you must also file a notice of claim. For claims against the state, the notice must be provided within 12 months of the date of the injury. For an injury claim against the city of Atlanta, however, a notice of claim must be filed within 6 months of the date of the accident.
How an Attorney Can Help with Your Personal Injury Claim
Being injured in an accident is an overwhelming experience, and there are complicated rules involved in personal injury claims. When you consult E.N Banks-Ware Law Firm, LCC, you will have dedicated advocates in your corner, fighting for your rights.
We will conduct an extensive investigation to understand the circumstances of your accident and work strategically to demonstrate the other party’s liability. We will handle all the details, including any dealings with the insurance company, so that you can focus on recovering. Above all, we will work closely with you to make sure you obtain the medical care you need and the compensation you deserve.
Contact Our Lithonia Personal Injury Lawyer
Backed by a proven history of achieving successful outcomes through negotiated settlements and jury verdicts, we will personally handle your case, and fight for your rights. It is important to note that we handle all personal injury claims on a contingency basis. This means you will not pay any attorneys fees until we win compensation for you. If you or a loved one has been injured in an accident, don’t go it alone. Please contact our office today to set up a free consultation.