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If you or a loved one have been seriously injured in Conyers, GA, you are likely dealing with unexpected and substantial physical and financial difficulties. Serious injuries can leave those who suffer them with lasting disability, staggering medical bills, and significantly alter their future.
However, you don’t have to go through the aftermath of an injury alone. At Dan Chapman & Associates, LLC, our Conyers personal injury attorneys can help you fight for compensation and find a way to recover from what happened. We are ready to listen to your story and tailor a legal strategy to maximize the compensation you are entitled to. Contact us today for a free and confidential case evaluation.
Why Hire Dan Chapman & Associates, LLC for Your Conyers Personal Injury Claim?
We only represent individuals who have been injured. We have devoted our life and practice to assisting those who may otherwise be exploited by insurance companies. We have been managing personal injury lawsuits for over 20 years.
We are familiar with the issues, the applicable laws, and how the opponent will approach the case. If the insurance companies do not treat you fairly, we know how to create strong personal injury cases and take them to trial.
We provide a free consultation in which a lawyer will assess your case without putting you under any obligation. There are generally no up front fees, and you will not be charge for your case unless we win and receive a compensation award.
What is Personal Injury Law?
The legal terms “personal injury” and “negligence” are frequently used in connection with many types of accidents. Personal injury claims are often misunderstood, despite the fact that the terms are commonly used. To file a personal injury case, it is not enough to have been injured. An injured party must be able to prove both liability and damages in order to have a viable personal injury claim.
Personal injury law encompasses everything from slip and fall accidents to car accidents to medical malpractice and wrongful death litigation, and it accounts for a major share of all civil claims. Product liability, intentional torts (such as assault), and workers’ compensation are some of the other legal claims that come under this category. Because the majority of accident and injury rules are founded on common law, they are quite similar from state to state. In Georgia, unless the plaintiff is more at fault than the defendant, the plaintiff is not held accountable for the harm.
An experienced personal injury attorney will know how to properly file a successful claim and get you the compensation you deserve. The Conyers personal injury attorneys at Dan Chapman & Associates, LLC are prepared to fight for each and every client to ensure they have a favorable result. We know what it takes to have a successful personal injury claim and we will collect all necessary evidence for a winning case.
Why Do You Need a Conyers Personal Injury Attorney?
Handling a personal injury claim on your own can be tough, and it may result in a smaller settlement, a lengthier claims procedure, or no compensation at all if not handled properly. Hiring an experienced personally injury attorney can help alleviate some stress and get you the recompense you deserve.
The majority of personal injury cases are settled out of court. Most personal injury cases—whether auto accidents, slip and fall accidents, or workplace accidents – are not determined by a judge or jury after a trial. Rather, in most circumstances, a personal injury lawyer will negotiate a good settlement with the defense.
If the defense refuses to cooperate or agree to a reasonable settlement amount, a personal injury lawyer will battle in court to earn you the maximum amount of money damages.
Insurance companies are businesses; therefore, they have an incentive to settle claims as rapidly as possible for the least amount of money possible. As a result, an insurance settlement offer may not be sufficient to pay you appropriately for your injuries. A personal injury lawyer will interact with the insurance companies on your behalf and fight for you to receive a complete and fair financial recovery, whether through settlement or litigation.
Personal Injury Claims Explained
A personal injury claim, simply put, is when someone has been damaged and has the right to reclaim something that has been taken away from them. You have probably heard the term “tort”—an act of wrongdoing.
Personal injuries, as opposed to property rights injuries, involve any type of injury to a person’s body, feelings, or reputation. Personal injury claims can be made on three different grounds:
- The most common cause of personal injury claims is negligence. Liability under negligence arises from a person’s failure to act with the same level of caution that someone of average prudence would have used in the same situation.
- Strict Liability holds a defendant responsible for an activity regardless of his or her intent or mental state at the time of the action. For instance, if a product flaw causes an injury, the producer is liable for the injury even though they did not behave carelessly or intend for their product to do harm.
- Intentional Wrongs (or intentional torts) are caused by the defendant’s deliberate action. Battery, assault, false imprisonment, trespass to land, trespass to chattels, and intentional infliction of emotional distress are all examples of intentional torts.
The plaintiff will be awarded money damages for their injuries if their claim is successful. Damages are intended to make up for the loss suffered by the damaged party.
Personal Injury Cases in Georgia
Various personal injury claims are handled by lawyers all around Georgia. The following are the most common type of personal injury claims filed in the state:
- Bicycle accidents
- Boating accidents
- Car accidents
- Construction accidents
- Dog bites
- Medical malpractice
- Motorcycle accidents
- Pedestrian accidents
- Slip and fall accidents
- Truck accidents
- Work accidents
Georgia had 207 fatal work injuries in the latest reported year, according to the US Bureau of Labor Statistics. The number of fatal occupational injuries in the state has ranged from 249 in 1994 to 101 in 2012. According to the results of the Census of Fatal Occupational Injuries (CFOI) program, a total of 5,333 fatal work injuries were reported nationwide most recently, up 2% from 5,250 in the previous year. The 5,333 fatal workplace injuries in the most recent year are the highest annually since 2007.
According to the US Bureau of Labor Statistics, over 78,000 nonfatal workplace injuries and illnesses were reported by Georgia’s private industry employers in the most recent report, resulting in an incidence rate of 2.5 instances per 100 full-time equivalent workers. Georgia was one of 14 states and the District of Columbia with a total recordable case (TRC) incidence rate that was lower than the national rate of 2.8.
What Can You Recover from a Conyers Personal Injury Claim?
Any type of accident can result in physical, emotional, and financial consequences. Medical expenditures that are not expected, weeks or even months of lost pay, and intangible damages like mental suffering are all possibilities. You may be able to recover monetary damages if someone else caused your accident by filing a personal injury lawsuit.
The following are examples of damages that can be recovered in a personal injury lawsuit:
- Current medical bills
- Future medical expenses
- Loss of future earning capacity
- Lost wages
- Pain and suffering
- Past medical bills
- Property damage
The entitlement to compensation for the physical suffering and emotional agony you have suffered and may suffer in the future as a result of your injury is the most “valuable” aspect of your bodily injury claim. These general damages are in addition to, and may be much more than, your lost wages and medical expenditures.
It is vital to remember that there is no set formula for calculating the value of pain and suffering in each given situation. The worth of pain and suffering fluctuates because each instance is unique and incorporates several circumstances. For example, someone who has lost a leg, arm, or suffered a permanent handicap will certainly experience significantly more pain and suffering than someone who has broken a bone.
What are Punitive Damages?
In some cases, punitive damages are imposed in addition to actual damages. Punitive damages are a type of punishment that can be issued at the discretion of the court when the defendant’s actions are particularly detrimental.
In cases of tort responsibility, the courts may award punitive damages. They will, however, usually do so only if the plaintiff can show that the defendant committed an intentional tort and/or participated in willful and wanton misbehavior.
Punitive damages are only paid in rare cases, such as drunk driving accidents, and are intended to prevent future behavior or punish a defendant. A court may want to set an example for other defendants who commit similar charges when a case is replete with misbehavior.
Statute of Limitations for Personal Injury Claims in Georgia
The statute of limitations varies by state. The amount of time you have to file a personal injury claim is referred to as the statute of limitations. Personal injury victims in Georgia have two years from the date of the accident to submit a claim.
You might believe that filing a personal injury claim takes a long time, but it does not take that long when dealing with a lawsuit. Your lawyer will need as much time as possible to prepare your case. You also do not want to wait too long to meet with an attorney because your case is likely to contain time-sensitive material.
Witness testimony and evidence collecting should be done as quickly as feasible. In Georgia, you can two years from the time of the accident to timely file a claim, there are some mitigating factors that may extend the time. However, you should never rely on this and always file within this time frame, if possible.
Comparative Fault Laws in Georgia
When you try to file a court lawsuit or an insurance claim after an injury, the other party may turn around and claim that you were the one who caused the accident. If you are determined to be partly or primarily responsible for your accident, Georgia’s modified comparative fault law decreases or eliminates damages.
Even if you were partially at fault in an auto accident in Georgia, you can still seek monetary compensation. The amount of damages you may be entitled to depends on your level of culpability.
A person who is injured can receive monetary damages if a Court or jury determines that the person claiming injury was no more than 49 percent at-fault in creating the collision or other incident. If the wounded individual is deemed to be 50 percent or more at fault for the accident that resulted in their injuries, they are not entitled to monetary compensation.
Knowing the Maximum Amount You Can Claim in Georgia Personal Injury Case
Damages in personal injury cases are capped in some states. These regulations limit the amount of compensation an injured person can obtain for specific categories of losses or in specific situations.
The Georgia Supreme Court determined in 2010 that damage limitations violate the state constitution’s right to a jury trial, hence there are now no limits on the amount of compensation a personal injury plaintiff can collect in Georgia’s courts (although judges can reduce excessive awards if they see fit).
There are no damage caps on personal injury settlements or verdicts in Georgia. Punitive damages, on the other hand, are an exception. Unless the case involves product liability or an intentional tort, this type of compensation is limited to $250,000 (as an example, when a defendant acted with malice intent as opposed negligence).
Moreover, the limitation does not apply in circumstances where the defendant was under the influence of drugs or alcohol.
Hiring Dan Chapman & Associates, LLC
We have extensive experience as Conyers personal injury lawyers. If you have been injured in a car accident, truck accident, motorcycle accident, work accident, slip and fall incident, or any other accident where you have received bodily injury, you should speak with a Conyers personal injury lawyer immediately.
Our Conyers personal injury lawyers are committed to fighting for the rights of accident victims. We recognize that our clients have just one chance to receive the compensation they are entitled to. We understand how critical it is to make an impression. The attorneys at Dan Chapman & Associates, LLC have the experience and know-how to get you the compensation you deserve.
To find out how much your case is worth, contact us. There are no fees unless we win. Give us a call at (678) 504-8564 or fill out our online form today.