Sandy Springs Personal Injury Lawyer
Suffering harm at the hands of another person or entity can be difficult. Whether the acts were intentional or negligent, they can cause great pain and inconvenience to your life. Fortunately, there may be legal recourse you can take against the responsible party with the help of a Sandy Springs personal injury lawyer who can help you recover damages for your injuries.
Why Choose Keith D. Leshine Attorney at Law, LLC?
Keith D. Leshine Attorney at Law, LLC can help you recover from your personal injury. He has extensive experience handling personal injury cases and winning favorable outcomes for his clients. Keith D. Leshine can help build a strong case for you and gather evidence to support your claims. He strives to get you the justice and compensation you deserve by recovering your losses, including medical expenses, lost wages, and pain and suffering.
What Is a Personal Injury?
A personal injury is any physical harm inflicted on a person due to another person’s or entity’s negligent or intentional acts. For example, if you slip and fall in a grocery store, the store can be held liable for your injury due to their negligence to clean up the spill or notify the public of a slippery floor. Also, if a person intentionally pushes you onto the ground and you suffer an injury, they may be liable for the damages that resulted from this intentional act.
Some common examples of personal injuries include:
- Slip-and-fall accidents
- Medical malpractice, such as surgical errors, prescription errors, or misdiagnosis
- Vehicle (car, motorcycle, truck) accidents
- Dog bites
- Assault
- Product liability (being injured by a product)
- Workplace accidents
Filing a Personal Injury Claim
Having a strong personal injury claim requires the plaintiff to establish who is responsible for the injury. They must prove how the defendant caused the injury and show how the injury caused damages. The injury must not have been caused by other means.
Georgia adopts the modified comparative negligence rule. This means that a plaintiff can still recover a portion of their damages even if they are partially at fault for the accident. However, their degree of fault must not exceed 50%. Any percentage of fault less than 50% will reduce the claim amount by that percentage. So, if you are deemed 10% at fault, you will be awarded your claim amount minus 10%. If you are considered over 50%, you will not be awarded.
Common Defenses in Personal Injury Cases
If you file a personal injury claim, do not be surprised if the defendant attempts to shift blame to absolve themselves of liability. There are some common defenses that are used in personal injury cases. Common defenses include:
- The injured person had a preexisting injury or illness
- Another event caused the injuries
- The activity had an assumption of risk (such as common injuries in contact sports)
Knowing these can help you and your attorney collect evidence to support your claim.
Georgia Personal Injury Statute of Limitations
If you are injured, one of the most important things to know is how long you have to file a personal injury claim. In Georgia, this statute of limitations is generally two years from the date of the accident. There are exceptions to these rules that may extend the deadline.
In cases where you were unaware of the injury, Georgia implements a “discovery rule.” For example, let’s say a doctor performs surgery on you and leaves a foreign object in your body. You may not discover this fact until a year later after you begin to experience pain, and other doctors have run numerous tests on you before the problem could be determined.
The statute of limitations would begin at the date of discovery (or when it should have reasonably been discovered).
The statute of limitations may also be extended if the victim is legally disabled or unable to file a legal claim. This means that they are either a minor (under the age of 18) or mentally ill. The statute of limitations would begin when the disability ends.
Your timeline may also be extended if the defendant flees the state and you are unable to proceed with your claim while they are gone. The timeline would resume when they return. There are exceptions to these extensions, so speaking with a lawyer about the specifics of your situation is necessary to know if you qualify. It is recommended that you do not rely on possible extensions but file your claim as soon as possible.
FAQs
Q: How Much Do Most Personal Injury Cases Settle For?
A: The amount of a personal injury settlement will vary from case to case. The total amount will depend on a number of factors, including how severe the injuries were, medical expenses, lost earning potential, missed wages, and insurance payouts. Typically speaking, cases involving minor injuries will result in lower settlements, while those with severe injuries will result in higher settlements.
Q: What Percentage Do Most Personal Injury Lawyers Take?
A: Many personal injury lawyers work on a contingency fee basis. This means that they do not charge upfront, and they only charge a percentage of what their clients win. The contingency fee amount varies for each attorney, depending on the circumstances surrounding the case, the level of complexity for the case, and whether or not the case goes to trial. Speaking with your attorney about fee structure upfront will eliminate any ambiguity regarding fees.
Q: How Hard Is It to Win a Personal Injury Claim?
A: Winning a personal injury claim depends on the level of evidence you have that proves liability and the total amount of damages you have. If you have sufficient evidence to prove that the responsible party is largely or totally responsible, and you have enough physical evidence of your injuries and the effect it has had on your life (such as medical bills and lost wages), you have a greater chance of winning.
Q: What Should I Do After Suffering a Personal Injury?
A: After suffering a personal injury, seek medical attention immediately. A medical professional can analyze your injuries to determine the severity. Also, if you do not seek medical attention, the defendant can argue that your injuries are not as serious as you claim. Be sure to document the scene by taking pictures and videos of your injuries and the scene of the accident. You may also gather witness statements.
Contact Keith D. Leshine Attorney at Law, LLC
If you have suffered a personal injury, Keith D. Leshine Attorney at Law, LLC can help you get the compensation you deserve. Contact us today for further information.
