If you were injured in an accident in Clarkston that wasn’t your fault, you may be entitled to financial recovery. You’re likely facing expensive medical bills, lost wages from having to miss work, and maybe even property damage if you were in a car accident. These are costs that you can typically make an insurance claim for under Georgia law. But don’t let the insurance company boss you around or deny you the recovery you deserve. Schedule a consultation with a Clarkston personal injury lawyer to find out your options.
At John Foy & Associates, we’ve been helping personal injury victims win cases and get a full financial recovery for more than two decades. Starting as a small, local law firm, we’ve grown to become one of the largest and most respected firms in the State of Georgia. And the consultation with us is always FREE. Let’s discuss your situation and answer any questions you have about how we can help. For your free consultation, call us today at 404-400-4000, or fill out the Free Case Evaluation form to get started.
How Do I Know if I Have a Valid Personal Injury Claim in Clarkston?
Here is the basis of a personal injury claim: Someone was injured because of someone else’s carelessness, which caused harm or led to losses for the victim.
Carelessness is known legally as negligence. In Clarkston and the rest of Georgia, the person or party who is at fault for the injury was being negligent and is therefore liable for all damages.
Examples of negligence in a personal injury case can include:
- A driver is distracted by his phone and doesn’t break fast enough, causing a rear-end accident
- A grocery store fails to put up a “wet floor” sign after mopping, leading to a slip and fall accident
- The manager of a building doesn’t fix a broken step, and someone trips over it and gets injured
- A woman is driving drunk and hits a pedestrian crossing the road, breaking their legs
Negligence does not always mean the at fault person was trying to cause harm. In most personal injury cases, the negligent person simply failed to exercise caution necessary to protect others. But regardless, the injured person has a right to seek financial recovery for their injuries and other damages.
If you are in this situation, you likely have grounds for a personal injury insurance claim. We advise you to speak with a personal injury lawyer as soon as you can to learn about your options.
What Types of Personal Injury Cases Do You Take?
- Car, truck, or bus accidents, including rear-end collisions
- Bicycle, motorcycle, and pedestrian accidents
- Slip and fall accidents
- Drunk driving accidents
- Uninsured motorist accidents
- Dog bites
- Uninsured motorist accidents
- Wrongful death
Our attorneys work exclusively on personal injury cases, so we know what it takes to build a strong claim against the person at fault and their insurance company. The stronger your case, the better chance you have of fully recovering what you need to pay for your damages.
What if the Accident Was Partly My Fault?
When more than one party is at fault for an accident, it’s known as comparative negligence. Under comparative negligence, a judge or jury will assign a percentage of blame to each at fault party based on the evidence. That percentage will determine how much you can get from your total damages.
For example; say you were in a car accident where the other driver was determined to be 90% at fault and you 10% at fault. If your damages total $20,000, you would only receive $18,000 of that from the other driver’s insurance. This is based on the 10% of fault you hold for the accident.
In the past, before comparative negligence was used in Georgia, you wouldn’t have access to any financial recovery if you were found to be partially at fault. Thankfully, comparative negligence still allows you to recover a portion of your damages.
Before Blaming Yourself, Talk to a Personal Injury Lawyer
No matter how the accident occurs, it’s important to not automatically blame yourself. Insurance companies are notorious for trying to place blame on a victim in an effort to pay them less. The at fault person may also try to say you were at least partially responsible for the accident. We commonly see victims apologize or feel guilty even if they had no actual fault in the accident and their injuries.
Before you admit anything or apologize, talk to a personal injury lawyer. They can look at your accident from the outside—but with a trained legal eye—and determine what actually happened. Many times, we see the victim bears no fault in the accident and they are fully entitled to recover for all their damages.
Will I Have to Go to Court for My Personal Injury Claim?
More than likely, no. But it does happen sometimes.
In most personal injury cases, your lawyer will be able to either convince the insurance company of your full damages or negotiate a fair settlement. However, someone’s insurance companies will refuse to bargain or won’t offer you more than a small amount of your full costs. If the insurer won’t budge, your attorney may advise taking the case to the local courts.
If you do decide to go to trial, your attorney can represent you there and continue fighting for your right to a fair settlement. However, most cases never get that far. Most of the time, a good personal injury lawyer will be able to strong arm the insurance company and get you a fair settlement before the case has to progress to court.
Talk to a Clarkston Personal Injury Lawyer for Free
If you’ve been hurt by someone else’s negligent actions, we’re here to help. At John Foy & Associates, we’ve been helping accident victims fully recover their damages for more than 20 years. Our biggest goal is to get you the best financial recovery possible so you can pay your costs and move on from the accident. To get a FREE consultation with one of our experienced attorneys today, call us at 404-400-4000, or fill out the Free Case Evaluation form to get started.