What does it cost for Atlanta Injury Group to determine if I have a case?
The first consultation is always free. If Atlanta Injury Group accepts the case and you agree to hire us, we will enter into a fee arrangement at that time. If Atlanta Injury Group cannot accept the case or you decide not to hire us, you will not be charged. Schedule your free consultation today.
How can I afford an Atlanta Injury Group lawyer?
Atlanta Injury Group determines contingency fees on a case-by-case basis, starting at just 20 percent. We make every effort to keep these fees low, so you receive the maximum return from your settlement. No risk is involved—Atlanta Injury Group gets paid only when you receive settlement or judgment. Your Atlanta Injury Group lawyer will discuss this with you in further detail during your free consultation.
Will my contingency fee increase from 20% during representation?
At Atlanta Injury Group, we believe you deserve the bulk of your recovery. Working efficiently allows us to charge contingency fees starting as low as 20 percent. While our fees for new clients will start at 20%, the fees will increase based on the value of any recovery achieved. Specifically, prior to representation beginning, each client will negotiate a fee agreement whereby any fee increase based on the value of recovery will be negotiated and explained. What this means is that the 20% contingency fee will increase as the value of any recovery increases throughout the course of representation. All details surrounding a client's fee, and any increases, will be clearly detailed in the client's fee agreement.
Why do I need an Atlanta Injury Group trial lawyer to represent me?
When you are treated unfairly, court often becomes the only way to receive justice. Having Atlanta Injury Group on your side ensures you get the settlement you deserve. Atlanta Injury Group ’s experienced lawyers are the best weapon against insurance companies and other opposing parties.
But I’m not the type to file a lawsuit.
Few are. In fact, Atlanta Injury Group finds that few of its clients ever expect to need legal help. Therefore, it often comes as a shock when the opposing party challenges their claim. In situations like these, a lawsuit is the only way to receive reimbursement for your injuries.
Will I have to go to court?
Not always, but it’s possible. Ironically, the best way to avoid court is to convince the insurance company or opposing party that you are completely prepared to do so. Atlanta Injury Group attorneys have the courtroom experience needed to make opposing parties far more likely to settle and for far greater amounts.
What should I do if I’m injured?
The first thing you should do when injured is seek professional medical care. Be careful when discussing the incident with others. Then, immediately contact Atlanta Injury Group for a free consultation to discuss all available options.
Won’t the insurance company or opposing party look after my interests?
Unfortunately, insurance companies and opposing parties have interests very different from yours. It is in your best interest to get full payment for medical costs, lost earnings and similar expenses. You may also be entitled to receive a fair amount for pain and suffering. The opposing party simply wants to keep as much money as possible.
What do I need to know about compensation for automobile accident injuries/fatalities?
Auto accidents can lead to serious injuries and even death. They can also result in loss of vision, loss of hearing and other lifelong disabilities. Even if your injuries are treated properly, you may still have some permanent disability or disfigurement. If you have been injured in an auto accident or have lost someone as a result, you may be able to file a case of personal injury or wrongful death.
What criteria must I meet to be eligible to make an injury claim?
If you can fulfill the following two conditions, you have a valid personal injury claim:
- Your injury is a direct result of the auto accident
- The accident was caused by another person’s negligence and not your own
Proving negligence is the first step to a valid personal injury claim. The law does not allow you to be compensated for your own faults. Therefore, you need to prove that the accident was someone else’s fault. If fault can be established, you can recover compensation and damages for:
- Medical expenses incurred in the treatment of your injuries
- Any future medical costs
- Compensation for actual loss of wages
- Loss of future wages
- Compensation for loss and enjoyment of life
- Damages for mental pain and anguish
What should I do if I have been in an auto accident?
Make sure everyone is out of danger and summon the necessary medical and/or police help. Then put the following information in writing:
- Names, license numbers and addresses of all drivers involved in the accident
- If the driver appears to be under the influence of alcohol or drugs, who noticed and what symptoms were present
- Names and addresses of any passengers involved in the accident
- Names and addresses of any pedestrians involved in the accident
- Names, addresses and telephone numbers of any witnesses to the accident
- What medical assistance was rendered at the scene of the accident
- What personal injuries were reported at the scene of the accident
- Name and address of those who reported a personal injury shortly afterward
- Exact location of the accident
- Directions the vehicles were traveling just prior to the accident
- Time of day the accident occurred
- Weather conditions at the time of the accident
- Anything that was wrong with the vehicles before the accident, such as a broken headlight or bald tires
- Damage to the vehicles as a result of the accident, and where the damage occurred
- Names and addresses of registered owners of the vehicles involved in the accident
- Insurance company names and policy numbers, if applicable
- The amount of insurance drivers mentioned they had, if applicable
- Whether any vehicles required towing after the accident
- How the accident occurred
- Whether anyone accepted responsibility or partial fault for the accident (examples: “It was my fault, I’m sorry, I was speeding/not paying attention/not wearing my glasses/late for work/in a hurry/etc.)
- Whether the police came, and the names of any officers present
- Whether anyone involved in the accident was issued a ticket
Gather as much basic information as possible immediately after the accident. As time passes, memories tend to fade and new versions of the event are created. Writing basic information down helps when parties begin to examine accident liability.
Should I seek medical attention immediately after an auto accident?
Yes. Many people who are involved in an auto accident are too embarrassed to seek medical help, or think their injuries are not serious enough to warrant treatment. But occasionally, the onset of a serious injury can be delayed. Carpal tunnel syndrome, for example, can be caused by a person clenching the steering wheel during an accident. But since the wrists may not have slammed into a part of the vehicle, the injured person may not associate this problem with the accident until it’s too late to make a claim.
Likewise, back and neck injuries are not always immediately obvious. They are often diagnosed as soft tissue injuries before an MRI or CT scan can reveal the extent of the injury. Accident victims may leave the scene feeling uninjured and wake up the next day or two with extreme soreness, tightness or muscle spasms. In these instances, you should seek immediate medical attention. Documentation of injury onset is important in establishing a causal link between the accident and the injury.
Failure to record a medical complaint can affect your chances of settlement. Many insurance adjusters refuse to pay claims when there has been a delay in receiving treatment or when large gaps in treatment have occurred. Even with legitimate reasons for treatment gap or delay, victims may end up uncompensated or undercompensated.
Avoid this by getting an emergency room evaluation immediately after the accident. X-rays can rule out broken bones and fractures. A doctor may prescribe muscle relaxants and/or anti-inflammatory medications to address muscle strains or pulls.
If your physician diagnoses an injury or injuries, make sure you keep all appointments and scheduled treatments. Insurance adjusters will argue that you must be well if you do not go to the doctor. This can be true even when the visits do not seem to be working. Unsuccessful treatment will eventually lead your doctor to become more aggressive in seeking a treatment or diagnosis for your recovery. Even more importantly, documentation of your pain and suffering is essential for a successful claim.
Should I speak with the insurance adjuster if he or she calls?
No. As previously indicated, the faulty party’s insurance company will conduct an investigation soon after the accident. Typically the company will contact the victim and ask for a statement, either in writing or by tape recorder. The victim should refuse to do so until he or she consults with a personal injury lawyer. Remember: what you say can and will be used against you!
What if the insurance company wants to pay me to settle?
Many times the insurance company representing the faulty party will approach a seriously injured victim and offer a settlement of the bodily injury tort claim in exchange for the victim’s signature on a full release of liability. Do not sign any settlement agreement without consulting your attorney.
How long will it take to settle?
It depends. You may be able to settle with the insurance company in a matter of weeks, or it may take over a year. Generally, you should not settle until you have reached maximum medical recovery—as close a return to your original health as possible. A personal injury lawsuit usually takes longer than settlement negotiation.
What is wrongful death?
Through wrongful death litigation, the law seeks to protect the families of victims who die due to another’s negligent or wrongful actions. A loved one’s untimely death can be devastating. It not only reduces the family’s quality of life but can also cause devastating financial losses in the form of lost income, medical bills and/or other expenses associated with the family member’s wrongful loss of life.
Wrongful death cases can come in many forms. An automobile accident wherein one driver kills a passenger or another driver while under the influence is a form of wrongful death. Products liability wherein a faulty product causes a consumer’s death is another form. Medical mistakes that lead to a patient’s death is a third form. In such cases, the individual or group can and should be held liable for any negligent or wrongful actions.
What criteria must be met for a wrongful death claim?
If you have lost a parent, spouse or child to an auto accident, you can file a wrongful death claim against the negligent parties. You can also file a wrongful death claim if you were financially dependent on the deceased, even if you were not related. Most states limit the people who can file a wrongful death claim to these categories.
To file a wrongful death claim, you must establish that the death happened because of the auto accident and was caused due to the defendant’s negligence. Then you will be entitled to receive damages for the following:
- Loss of companionship
- Loss of sexual relationships
- Actual financial losses, if the person killed was the household provider or you were financially dependent on them
- Mental pain and suffering
What is premises liability?
Property and business owners have a responsibility to take precautions that will ensure the safety of customers or guests. If business or property owners know of a potentially dangerous condition such as slippery floors or potholes, they must warn guests and mark the area to prevent harm. If they do not and a serious injury results, the property owner can be held liable.
Common premises liability cases involve young children injured in swimming pools; slip and falls due to unmarked liquid spills and falls from unsafe equipment. Often these injuries are traumatic. Atlanta Injury Group can help you receive compensation if you have been injured due to the negligent or wrongful acts of a property owner.
What is products liability?
As a consumer, you have the right to assume that the products you use abide by all products laws. When they do not, and an individual is injured, the manufacturer (and sometimes engineer, retailer or wholesaler) can be held liable. Atlanta Injury Group can help clients who have suffered due to faulty or defective products.
Personal injury law surrounding products liability states that in order to hold the manufacturer liable, the victim must have been using the product for its intended use at the time of injury. The consumer is also responsible for reading and heeding all warnings and labels provided by the manufacturer. When the consumer upholds these responsibilities and still gets injured, he or she may sue the manufacturer for manufacturing and marketing a faulty product.
What is medical malpractice?
Medical malpractice happens when a medical professional such as a doctor, nurse, dentist, technician or hospital worker causes harm or death to a patient by failing to provide suitable care. A judgment error is not malpractice. A medical malpractice lawyer can help determine if your health care provider made a mistake and/or did not provide suitable care.
What are some examples of medical malpractice?
Examples include failure to diagnose, misdiagnosis, prescription errors, surgical errors, birth injuries and nursing home abuse. Medical errors can result in medical malpractice, substandard care and/or failure to perform a necessary function in order to prevent harm to a patient.
Is misdiagnosis always considered malpractice?
No. Medicine is not an exact science, and the law does not require doctors to make a correct diagnosis every time. A misdiagnosis may be malpractice if your doctor neglects to get your full medical history, order the appropriate tests for your illness or recognize the symptoms of your illness. If you have not suffered any injuries as a result of the misdiagnosis and subsequent treatment, you have no basis for a medical malpractice claim.
Do unexpected or unsuccessful results mean malpractice has occurred?
No. Medical procedures come with no guarantees. Malpractice does not occur just because a patient suffers a bad outcome. Unintended complications such as infection and bleeding sometimes occur. These complications are not generally considered malpractice, and most are contained on the consent form.
I’m concerned the doctor made a mistake. What should I do?
Contact Atlanta Injury Group for a free consultation immediately. Georgia’s deadline for medical negligence claims is short, so don’t wait. Plus, gathering the information and supporting evidence for such a claim can be difficult and time-consuming. Atlanta Injury Group has experience in analyzing such cases, but needs early notice to give you the best possible representation.
Have I waived my rights if I signed a waiver or consent form?
A consent form does not release a physician from liability when he or she was negligent in performing a medical procedure. Except in extraordinary emergency situations, patients sign a general consent form for treatment upon hospital admission and prior to having an invasive procedure.
Signature indicates that the doctor has explained the nature of the patient’s problem, suggested treatment and alternative treatments and listed the risks involved. It also indicates that the patient has had the opportunity to ask questions before consenting to treatment.
Signing a consent form does not waive your right to file a medical malpractice claim if you can establish that your doctor deviated from the applicable standard of care while performing the procedure, and you were injured as a result.
What must be proved in medical malpractice cases?
A medical malpractice case against a health care professional must have three basic elements. First, you must prove that established standards of medical practice were not followed. Second, you must prove that your injury and/or pain and suffering was caused by negligence or wrongdoing. Finally, you must show the damages caused by medical malpractice. Lack of adequate proof in any element will cause your case to fail.
Who can be held liable for medical malpractice?
Physicians, surgeons, nurses, pharmacists, technicians, hospitals and managed care organizations including HMOs and PPOs can all be held liable for personal injuries involving medical malpractice.
What is informed consent?
The law requires doctors to inform patients of a treatment’s projected effectiveness and the possibility of negative side effects and other adverse outcomes. Doctors must get informed consent before performing a procedure, prescribing a drug or taking any other significant action.
What is legal malpractice?
The legal field comes with a high standard of professionalism. Attorneys are required to work ethically and conduct themselves with the client’s best interest in mind. When their failure to do so causes their client financial loss, attorneys may be guilty of legal malpractice.
Lawyers at our Georgia law firm have experience in litigating legal malpractice cases and may be able to help you receive compensation for losses suffered as a result of another attorney’s negligence. Clients must prove each of the following:
- Duty. The attorney accused of legal malpractice had a duty to serve the client. This usually means that the attorney and client willfully entered into a contract outlining the terms of the legal service.
- Breach. The attorney breached this contract by refusing services, acting negligently or failing to perform duties essential to the success of the client’s case.
- Causation. This negligence or wrongful act caused the client to lose the case or settle for an amount far below the case’s actual value.
- Damages. The legal malpractice and subsequent loss of the case or receipt of smaller settlement resulted in significant financial losses for the client.
What is discrimination?
The United States has some of the world’s most stringent anti-discrimination laws. These federal laws prohibit employers from discriminating against applicants or employees on the basis of:
- Race
- National origin
- Gender
- Pregnancy
- Age
- Disability
- Religion
…and more.
Employers must abide by federal anti-discrimination laws at each stage of hiring and employment, from the ad to the interview, hire and beyond. If you have experienced workplace discrimination, these federal laws are designed to help you.
What is sexual harassment?
Federal and state laws bar sexual harassment. Contrary to popular conceptions, sexual harassment need not be “sexual” in order to violate the law. Unwarranted criticism or generally unpleasant behavior can be considered sexual harassment if it is due to an employee’s gender. This is called hostile work environment.
In order to be illegal, the harassing behavior must be unwelcome and offensive to its target. Employees who participate in sexual jokes or have consensual sexual relationships with their supervisor may have a difficult time proving sexual harassment. On the other hand, an employee need not complain about harassment in order to make a claim.
Quid pro quo sexual harassment occurs when an employee is required to submit to unwelcome sexual conduct as part of a job condition, or in order to gain some job benefit. For example, a supervisor who demands that a subordinate have an affair with him or her in order to be considered for promotion commits quid pro quo sexual harassment.
An employer is liable for harassment if the employer knew or should have known of the harassment and failed to take action. An employee may not be able to show that the employer “knew or should have known” of harassment if the employee didn’t complain. If the “harasser” has harassed others in the past, however, and others have complained, the employee may be able to show that the employer was “on notice” that harassment was a problem. The employee may not have a claim when the employer, after gaining knowledge of the harassment, takes action and the harassment stops.
If the harassment is by a supervisor, the employee need not necessarily show that the employer “knew or should have known” of the harassment. In this case, the employer has the burden of showing that he or she took appropriate actions to prevent and correct sexual harassment, and that the employee acted unreasonably.
Finally, it is illegal for an employer to retaliate against an employee for raising a sexual harassment complaint or claim, just as it is illegal for the harasser to retaliate against the employee.
What is police brutality?
Police brutality is a term used to describe any excessive and unnecessary physical force, assault, or verbal abuse used by law enforcement when dealing with the public. Any time police officers abuses their authority and inflict undue suffering on someone, they affront not only the victim but society as a whole. The people we depend on to protect us from criminal aggressors should never become the aggressors themselves.
How long will my case take?
Bringing a case to conclusion normally takes a significant amount of time. It often varies by the number of parties involved, number of depositions, investigations required and the judge’s schedule if a lawsuit is filed. Atlanta Injury Group settles approximately 90 percent of its cases within two to twelve months.
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