If you’ve been hurt in any kind of accident in Stone Mountain, you may be eligible for a large financial recovery. The money you recover could help you pay for medical costs, the cost of missed workdays, and other losses you’ve suffered because of your injury.
Unfortunately, many injury victims don’t realize that this money is available – and the insurance companies are not going to help you get it. Don’t let yourself get handed the bill for an injury that wasn’t your fault. You need to talk to a Stone Mountain personal injury attorney at John Foy & Associates.
What Should I Do After an Injury in Stone Mountain?
The best thing you can do is to be your own best advocate. You don’t have to be a legal expert to take basic steps to assert your rights. Here are steps we recommend every injury victim take:
Document What Happened
As soon as possible after your accident, write down your own recollection of what happened. Include as many details as possible. If you can, it helps to take photos or video footage of the place where you were injured – such as pictures of the vehicles in a car accident, or the place where you slipped in a slip and fall case.
Be Careful What You Say
Often we see accident victims downplaying the seriousness of their injury or even accepting blame when it wasn’t their fault. These words may be well-intentioned, but they will be used against you later. Don’t apologize or say you’re fine if you’re really hurting.
Don’t Sign Anything from the Insurance Company Until You’ve Talked to a Lawyer
Insurance companies use many tactics to avoid paying you – and they want you to sign away your rights. They may make you a quick offer of cash before you realize how extensive your injuries are, or they may drag out processing your claim for months until you’re desperate.
The goal in both cases is to get you to accept a small amount of money and sign a waiver so that you can’t get more. Do not sign anything or make any recorded statements until you’ve spoken to a lawyer.
Get a Lawyer’s Opinion
The rules around personal injury claims are complex, and it’s hard to know what to do on your own. That’s why we make it easy and free for you to get professional help. One free consultation with a personal injury lawyer in Stone Mountain may be all it takes for you to decide on the best course of action for yourself and your family.
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What Are the Categories of Personal Injuries?
In personal injury law, there are usually two kinds of cases that we see: unintentional torts and intentional torts. A tort is any action that someone takes that causes harm to someone else. Torts only result in civil wrongs – the term does not apply to a criminal offense, which is prosecuted by the government.
In the event of an unintentional tort, or a negligent tort, someone else’s recklessness causes injury or damage. This kind of personal injury case is what we most commonly handle, and has to involve negligence.
To prove that the at-fault party was negligent, your personal injury attorney has to prove that they had a duty of care (the standard level to which they can be reasonably expected to treat others) and that they breached their duty.
In an intentional tort, someone had to purposefully do harm to you, which can include assault, battery, or trespassing. These are often, but not always, carried out in criminal court, and do not often fall under personal injury law. However, sometimes, you might need to sue somebody for their intentional harm, and we can help with that.
What Kinds of Injuries Qualify for a Personal Injury Claim in Stone Mountain?
Nearly any kind of injury can qualify. The main criterion for any personal injury claim is negligence. In the legal profession, negligence just means any carelessness or that leads to someone being harmed. Negligence can take many forms:
- A loose or broken railing on a set of stairs
- Spilled milk in a store that no one has cleaned up
- A driver changing lanes and not using their turn signal
In these examples, no one set out to hurt anyone else. Everybody involved is probably a good person. But what they all have in common is that someone had poor judgment and failed to do some common-sense thing that would protect other people. If any situation like this leads to an injury, it’s a valid claim.
The most common types of injuries we see come from:
- Car accidents
- Pedestrians or cyclists being hit by cars
- Slipping and falling
- Injuries from a criminal attack
- Nursing home neglect or abuse
- Dog bites
- Defective products
- Harmful prescription drugs
- Pharmacies giving the wrong medication
- Defective medical devices
When you meet with one of our personal injury lawyers in Stone Mountain, they can assess your situation and tell you what can be done for your case.
What Is Comparative Fault?
Even if someone else caused your accident, you could still be found at fault. Commonly known as comparative fault or contributory negligence, any fault that you could have had in your accident, even if it was slight, could reduce your compensation according to the Official Code of Georgia (OCGA) Annotated § 51-12-33.
According to the comparative fault rule, the amount of compensation you receive for your accident can be reduced in proportion to the amount of fault you had in your accident.
For example, if you were 20% at fault and the other person was 80% at fault, your compensation would be reduced by 20%. If you stood to receive $10,000, you would instead only receive $8,000.
That’s why building a strong case is imperative to getting you the most compensation possible. By gathering evidence that proves that the other party was wholly responsible for your accident, a personal injury attorney in Stone Mountain can maximize your compensation so that you’re able to pay for your damages.
Will My Stone Mountain Personal Injury Claim Go to Court?
Not usually, and it typically happens only if the insurance company won’t negotiate. We are very familiar with the Dekalb County courts, and if your claim goes to trial, we will manage the process for you every step of the way.
More often, however, you will never need to go to court at all. Instead, your claim will be resolved through simple negotiation. John Foy & Associates has earned the nickname “the Strong Arm” because we have a history of crushing insurance companies in the negotiation room.
We start by opening our own investigation into your injury and gathering detailed evidence to support every claim. Then, we hammer the insurance company until they offer you the money you deserve. This is often all it takes to get you a much larger financial recovery.
How Much does a Personal Injury Lawyer Cost in Stone Mountain?
We don’t think it should cost you anything to talk to a lawyer. That’s why we offer very simple payment terms:
- All consultations are FREE
- You don’t pay us anything out of pocket
- You never pay us at all unless we win you money
We believe this is the fairest, lowest-risk way for you to get legal help. Before you hire one of our Stone Mountain personal injury lawyers, we will come to an agreement with you on how much they will make after they win your case. Once that happens, they will receive a portion of your reward, then pass on the rest of your compensation.
What Are the Deadlines for Filing My Personal Injury Claim?
They depend on your case, but they are often tight. According to OCGA § 9-3-33, those suing for a personal injury have up to two years to do so after the accident. There are exceptions to this, though, so you should consult with your lawyer to see how much time you have.
You shouldn’t wait until your allotted statute of limitations is up, though. Memory and evidence fades, and the longer you wait, the harder it is to prove fault in your case. This is why it’s vital to see a personal injury attorney as soon as possible.
Talk to a Stone Mountain Personal Injury Attorney for Free
For more than 20 years, we have assisted victims and their families and helped them reassemble their lives. We began as a small local law firm and have built our way up to being one of the most respected and capable law offices in Georgia. We always side with those who were injured – never with the big insurance companies.
The Stone Mountain personal injury lawyers at John Foy & Associates have one purpose: helping people who have been injured. Let us sit down with you for a free consultation to discuss your case and your options. Don’t wait until the deadline. Call us or fill out the form to your right and get your free consultation today.