In Pain? Call Shane!
An Atlanta personal injury lawyer at Shane Smith Law will review your case free of charge and explain your legal options.
If someone else’s negligence injured you, friends or family may have urged you to call a lawyer. You may wonder what an Atlanta personal injury lawyer actually does. The short answer is that we take on the legal fight so you can focus on healing.
What Does an Atlanta Personal Injury Lawyer Do?
- Evaluates your claim. We listen to your story and decide whether someone else’s negligence or wrongful conduct caused your injury.
- Values your claim. Medical bills and lost wages are easy to add up. Pain, emotional distress, disfigurement, and disability are not, so we build evidence for both.
- Finds every source of payment. A claim worth $50,000 helps little if the at-fault person has no coverage. Therefore, we look for every insurance policy and responsible party.
- Investigates and preserves evidence. We gather police reports, medical records, witness accounts, photos, and video before they disappear.
- Negotiates and, if needed, files suit. We push for a fair settlement first. If the insurer refuses, we prepare and file a lawsuit.
Call [PHONE] or contact us online to learn more about your options.
Speak with a Atlanta Personal Injury lawyer and get a free consultation today.
Call (980) 246-2656How Do I Choose a Personal Injury Lawyer?
First, notice whether you can speak directly with a lawyer. Client contact matters, and a good firm treats it seriously. Next, consider the firm’s resources and caseload. You want a team that can fund experts and still give your case personal attention. Finally, ask about local courtroom experience, since familiarity with Atlanta-area courts and procedures helps.
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Questions to Ask a Personal Injury Attorney Before Hiring
- What areas of law does your practice focus on?
- How long have you handled cases like mine?
- What does your fee cover, and who pays case costs?
- How can I reach you, and how often will you update me?
- About how long might my case take?
- Who else will work on my case?
- What happens if I disagree with a settlement offer?
- How often do cases like mine go to trial?
When Does Someone Have a Personal Injury Claim?
Generally, you need an injury caused by someone else’s negligence, strict liability, or intentional misconduct. Georgia also looks at your own share of fault. Under O.C.G.A. § 51-12-33, a jury can reduce your recovery by your percentage of fault. If you are 50% or more at fault, you recover nothing.
What Is Negligence?
Negligence means failing to act as a reasonably careful person would in the same situation. It does not require intent. In a civil injury case, negligence has four parts:
- Duty: the defendant owed you reasonable care.
- Breach: the defendant failed to meet that standard. Often, a safety statute defines the duty.
- Causation: the breach caused your injury, and the harm was not too remote.
- Damages: you suffered real harm to your body, mind, or property.
When more than one person caused the harm, a jury may divide fault among them.
The Stages of a Personal Injury Lawsuit
Most injury cases settle before trial. Still, a lawsuit moves through clear stages:
- Pleadings: your lawyer files a complaint, and the defendant responds.
- Discovery: both sides exchange documents, answer questions, and take depositions.
- Pretrial motions: the court resolves disputes about evidence and the law.
- Settlement talks: negotiations often continue throughout the case.
- Trial: if the case does not settle, a judge or jury decides it.
Proving Your Injuries in a Lawsuit
Strong medical records form the backbone of any injury claim. Gaps in treatment give insurers a reason to argue you were not really hurt. At trial, your attorney helps show the type and location of each injury, how the accident caused it, the pain it brought, and how it limits your daily life. Expert testimony often supports those points.
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Determining the Value of a Personal Injury Claim
No formula sets the value of a claim. Instead, the evidence about your economic and non-economic losses drives it.
Income Factors That Determine the Value of a Personal Injury Claim
Lost wages count, whether you missed a week or several months. Sick days and vacation time you used because of the injury may count too. When an injury prevents a return to work, your claim can include lost future earning ability, which depends on your age, skills, and ability to retrain.
Medical Factors That Determine the Value of a Personal Injury Claim
Severity matters most. A spinal cord injury typically carries far more value than a sprain, and a permanent disability outweighs a temporary one. Long-term care, surgery, therapy, and assistive devices also raise a claim’s value. In addition, Georgia changed how juries see medical bills for many injuries arising on or after , so careful documentation of medical costs matters more than ever.
Settling a Personal Injury Case
Settlement can save money, time, and stress. Trials require expensive preparation, take months or years, and include cross-examination on the witness stand. However, when an insurer refuses to make a fair offer, trial may be the right path.
Providing Answers & Solutions
We know this is a stressful time. That is why we explain your options at every step so you can make informed decisions about your case.
Solely Focused on Personal Injury
Our ONLY focus is helping individuals and families who have been wrongfully injured. We dedicate our time and resources to people hurt by someone else’s negligence.
No Case Is Too Big or Small
Whether your accident was minor or life-changing, our team brings the same commitment and professionalism to your case.
Focused on Your Recovery
At Shane Smith Law, we care about you as a person. We want you to get good treatment, and we can help you understand your options for medical care while your claim moves forward.
Common Pre-Existing Conditions in a Personal Injury Claim
Insurers often point to old injuries to argue the accident caused nothing new. Common examples include arthritis, herniated discs, joint damage, and earlier back, neck, or head injuries. Georgia law, however, allows recovery when an accident worsens an existing condition. That is why honest disclosure and strong medical evidence matter.
How Do I Know if My Personal Injury Settlement Is Fair?
Ask whether the offer covers your property damage, all medical expenses, lost income, and future costs. Also ask whether it accounts for pain, suffering, and mental anguish. Finally, consider the available insurance limits. A lawyer can explain whether an offer truly reflects your losses before you sign a release.
Personal Injury Statute of Limitations in Georgia
Georgia generally allows two years from the date of injury to file a personal injury lawsuit. Missing that deadline usually ends the claim for good. Some exceptions exist. For example, an injured child’s own claim usually waits until age 18, and the deadline may pause while a related criminal case is pending. On the other hand, claims against a city or county can require written notice within months.
Personal Injury FAQ
How long does it take to receive money from the case?
Timing often depends on your recovery. Most clients wait to settle until they reach maximum medical improvement, so future medical needs are clear.
What is MMI?
Maximum medical improvement is the point where your condition has stabilized. You may not be as healthy as before the accident. In that case, a doctor may assign a permanent impairment rating, which can affect the claim.
What is intentional misconduct?
Intentional misconduct means knowingly harmful conduct, such as battery, false imprisonment, or intentional infliction of emotional distress.
What is a contingency fee?
Under a contingency fee, the firm’s fee comes from the recovery, and the firm receives no fee if there is no recovery. Your written fee agreement explains how the firm handles case costs. Shane Smith Law handles injury cases on a contingency fee basis and offers a free consultation.
Do all personal injury claims go to trial?
No. Most settle with the at-fault party’s insurer. Trial becomes necessary only when the insurer will not make a fair offer.
Can someone be liable for someone else’s negligence?
Yes. For example, an employer is generally responsible for an employee’s negligence on the job, such as a delivery driver causing a crash.
Will the defendant always be liable when all the negligence elements exist?
Not always. Defendants may raise comparative fault or assumption of the risk to reduce or defeat a claim.
How does comparative fault work in Georgia?
A jury assigns each party a percentage of fault. Your recovery drops by your share, and it ends entirely at 50% or more.
What is assumption of risk?
Assumption of risk applies when a person knew of a specific danger and voluntarily chose to face it. Courts apply it narrowly, and the defendant must prove it.
