Personal Injury Lawyer Roswell, GA

Types of Personal Injury Cases

Personal injury law encompasses a vast range of cases where individuals are injured due to the negligence or wrongdoing of others. As experienced Personal Injury Lawyers in Roswell, GA, at the Hernan Law Firm, we have dealt with a wide array of personal injury cases. This article aims to shed light on the different types of personal injury cases, offering insights and advice for those who may find themselves in such unfortunate situations.

Vehicle Accidents

Vehicle accidents are among the most frequent causes of personal injury claims. These accidents can have devastating effects on victims, leading to long-term physical and emotional trauma.

Car Accidents

They are the most common type of vehicle accidents. Causes include speeding, which reduces a driver’s reaction time and increases the severity of an accident. Distracted driving, such as using a mobile phone, eating, or even changing the radio station, can lead to a momentary lapse in attention with catastrophic results. Driving under the influence of alcohol or drugs significantly impairs judgment and reaction times, often leading to serious accidents.

Motorcycle Accidents 

Motorcyclists face unique dangers on the road. Without the protective shell of a car, motorcyclists are more susceptible to injuries in an accident. Factors like road conditions, visibility issues, and the negligence of other drivers play a significant role in these accidents. The resulting injuries are often more severe, sometimes leading to long-term disability or even fatality.

Truck Accidents 

These involve commercial vehicles like semi-trucks and large freight carriers. The complexity of these cases arises from the massive size and weight of these vehicles, leading to more severe impact in accidents. Additionally, factors like driver fatigue, improper loading, and inadequate maintenance can contribute to these accidents. The involvement of commercial entities and the potential for multiple liable parties make these cases particularly intricate.

Workplace Injuries

Workplace injuries can occur in various environments, from construction sites to corporate offices.

Construction Accidents 

These are high-risk workplaces where injuries are a frequent occurrence. Common causes include falls from heights, accidents involving heavy machinery, and being struck by falling objects. The nature of construction work, often involving working at heights or with potentially dangerous equipment, increases the risk of serious injury or death.

Office Injuries 

Often overlooked, office environments can also be a source of personal injury. Repetitive strain injuries, such as carpal tunnel syndrome, are common due to prolonged computer use. Slip and fall incidents can occur, especially in areas with poor maintenance. Additionally, office equipment or furniture malfunctions can lead to unexpected injuries.

Industrial Accidents 

These often involve the use of heavy machinery, exposure to hazardous materials, and working in potentially dangerous conditions. Accidents can range from equipment malfunctions leading to injuries, to exposure to toxic substances causing long-term health issues. The severity of these injuries can be compounded by inadequate safety measures or lack of proper training.

Premises Liability

Property owners have a legal duty to ensure their premises are safe for visitors. When they fail in this duty, it can lead to various types of personal injury cases.

Slip and Fall Accidents

These are among the most common premises liability claims. They can occur due to wet floors, uneven surfaces, poor lighting, or hidden hazards. Property owners can be held liable if it is proven that they were negligent in maintaining a safe environment.

Inadequate Security

If an individual is injured on a property due to a lack of adequate security measures, the property owner can be held responsible. This includes incidents like assaults or robberies that could have been prevented with proper security.

Dog Bites

Pet owners are responsible for ensuring their pets do not pose a danger to others. If a dog bites someone, the owner can be held liable, especially if the dog has a history of aggression or the owner was negligent in controlling the animal.

Medical Malpractice

Medical malpractice occurs when healthcare professionals fail to provide the standard of care that is expected in their profession, leading to patient injury.

Surgical Errors

These include mistakes made during surgery, such as operating on the wrong body part, leaving surgical instruments inside the patient, or performing the wrong procedure. These errors can have life-altering consequences for patients.

Misdiagnosis or Delayed Diagnosis

Failing to diagnose a condition correctly, or delays in diagnosis, can lead to a lack of necessary treatment and worsening health outcomes. These cases hinge on proving that a competent doctor would not have made the same mistake under similar circumstances.

Birth Injuries

These injuries can occur to either the infant or the mother during childbirth. They may result from medical negligence, such as improper use of birthing tools or failing to monitor the baby’s vital signs. The consequences can be devastating, leading to conditions like cerebral palsy or Erb’s palsy.

Product Liability

Manufacturers and sellers have a duty to ensure their products are safe for consumers. When they fail in this duty, it can lead to injury.

Defective Products

These injuries are caused by products that have design defects, manufacturing defects, or are inherently dangerous. Examples include defective medical devices, malfunctioning electronics, or unsafe children’s toys.

Failure to Warn

If a product lacks adequate warnings or instructions and someone is injured as a result, the manufacturer or distributor can be held liable. This includes pharmaceuticals with insufficient warning of side effects or machinery without proper operation instructions.

Wrongful Death

Wrongful death claims arise when an individual dies due to the negligence or misconduct of another party. These cases can stem from any of the above categories, such as vehicle accidents, workplace injuries, medical malpractice, or defective products. The key element in these cases is proving that the death could have been avoided if not for the negligent actions of the defendant. These cases not only seek compensation for the financial and emotional loss suffered by the victim’s family but also serve to hold the responsible party accountable for their actions.

Personal injury cases vary widely, and each type requires a specific legal approach. Should you find yourself in need of legal assistance in Roswell, GA, we at the Hernan Law Firm are ready to offer our expertise. Our goal is to ensure that you receive the justice and compensation you deserve. Remember, dealing with personal injury cases can be complicated, but you don’t have to go through it alone. Let us be your advocates and allies in this challenging time.

Preparing A Personal Injury Claim

Navigating the complexities of a personal injury claim can be daunting, especially when you are recovering from an injury. At the Hernan Law Firm, as experienced Personal Injury Lawyers in Roswell, GA, we understand the intricacies involved in preparing a solid personal injury claim. This article aims to guide you through the essential steps of this process, ensuring that you are well-equipped to pursue the compensation you deserve.

Understanding Personal Injury Claims

A personal injury claim is a legal process initiated by an individual (the plaintiff) who has suffered harm due to the negligence or intentional act of another party (the defendant). The objective of such a claim is to obtain compensation for the damages suffered by the plaintiff, which can include medical expenses, lost wages, and pain and suffering.

Seek Medical Attention:

• Immediate Care: It’s crucial to seek medical attention immediately after an incident, even if injuries seem minor. Some injuries, like internal bleeding or concussions, may not be immediately apparent.
• Continuous Treatment: Follow all medical advice and keep appointments. Gaps or delays in treatment can be used against you in your claim.
• Documentation: Request copies of all medical records and bills related to your injuries. This includes emergency room visits, specialist appointments, physical therapy sessions, and any medications prescribed.

Document the Incident:

• Photographic Evidence: Take photos of the accident scene, including any vehicles, hazards, and your injuries. The more detailed the photos, the better.
• Videos: If there are surveillance cameras nearby or if the incident was caught on someone’s personal camera, try to obtain this footage.
• Witness Information: Collect names, addresses, and phone numbers of anyone who witnessed the incident. Their testimonies can be vital in substantiating your claim.

Report the Incident:

• Authority Notification: Immediately report the incident to the appropriate authorities. For auto accidents, this would be the police; for workplace injuries, your supervisor or employer.
• Official Reports: Obtain a copy of the police report or incident report filed. These documents provide an official record of the event and can be crucial evidence.

Gathering and Organizing Evidence

• Medical Records: Compile every medical document, including initial emergency care, follow-up treatments, prescriptions, and any other medical expenses incurred due to your injury.
• Employment Records: Gather documentation showing your normal earnings and any time missed from work due to your injury. This includes pay stubs, tax returns, and letters from your employer.
• Witness Statements: Written statements or recorded interviews from witnesses can significantly bolster your claim, offering third-party perspectives on the incident.
• Expert Opinions: In more complex cases, opinions from medical experts, accident reconstruction specialists, or occupational therapists can provide insights into the extent of your injuries and their impact on your life.

Calculating Damages

• Economic Damages: These are your out-of-pocket expenses and financial losses, including current and future medical expenses, lost wages, and the cost of any long-term care or rehabilitation.
• Non-Economic Damages: These are more challenging to quantify and include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. These damages can significantly increase the value of your claim.

Dealing with Insurance Companies

• Communicating with Insurers: Be cautious in your interactions. Do not admit fault or give detailed statements without consulting your attorney. Remember, anything you say can be used to devalue your claim.
• Settlement Offers: Review all offers with your attorney. Insurers often offer a lower settlement initially, hoping you’ll accept less than you deserve.

Legal Considerations

• Statute of Limitations: In Georgia, the statute of limitations for personal injury claims is generally two years from the date of the incident. Missing this deadline can bar you from filing a claim.
• Negligence Laws: Georgia follows a modified comparative negligence rule. This means if you are found to be partially at fault for your injury, your compensation may be reduced by your percentage of fault. Understanding how these laws apply is crucial in preparing your claim.

In each step, remember that the guidance of an experienced Personal Injury Lawyer in Roswell, GA, like those at the Hernan Law Firm, can be invaluable. We can help you navigate these steps, ensuring that your rights are protected and that you are positioned to receive the full compensation you deserve.

Final Steps and Filing Your Claim

The culmination of a personal injury claim involves a series of critical steps, each requiring meticulous attention to detail and a comprehensive understanding of legal procedures. These final stages are pivotal in ensuring that your claim is robust, persuasive, and legally sound.

Drafting and Submitting Legal Documents:

• Complaint and Summons: The first step is drafting the complaint, a document outlining your allegations against the defendant and your request for damages. Alongside this, a summons is prepared, which is a formal notice to the defendant about the lawsuit.
• Filing with the Court: These documents must be filed with the appropriate court. Depending on the specifics of your case, this could be a state or federal court.
• Service of Process: After filing, these documents must be legally delivered to the defendant. This process ensures that the defendant is aware of the lawsuit and has the opportunity to respond.
• Court Requirements: Each court has specific rules regarding the formatting, filing, and serving of legal documents. Ensuring compliance with these rules is essential to avoid any procedural issues that could delay your case.

Negotiating with the Defendant:

• Settlement Discussions: Before a trial, there’s usually an opportunity to negotiate a settlement. This involves discussing with the defendant or their insurance company to agree on a compensation amount.
• Mediation: In some cases, a neutral third party, known as a mediator, may help facilitate negotiations. Mediation can be an effective way to reach a settlement agreeable to both parties.
• Evaluating Offers: It’s crucial to assess each offer carefully. Our role as your attorneys is to advise you on whether an offer is fair and in your best interest, considering the full scope of your damages and the likelihood of success at trial.

Going to Trial (if necessary):

• Preparation for Court: If negotiations don’t result in a settlement, the next step is to prepare for trial. This involves gathering evidence, preparing witness testimonies, and formulating legal arguments.
• Trial Proceedings: During the trial, both sides will have the opportunity to present their case. This includes opening statements, witness examinations, presenting evidence, and closing arguments.
• Judge or Jury Decision: The decision can be made by a judge (bench trial) or a jury. They will determine the defendant’s liability and, if applicable, the amount of damages to be awarded to you.
• Post-Trial Motions and Appeals: Depending on the outcome, either party may file post-trial motions or appeal the decision. These legal actions can extend the timeline of the case but are sometimes necessary to achieve a just outcome.

Throughout these final stages we guide our clients through each step, ensuring that all legal documents are meticulously prepared and filed, negotiations are handled strategically, and, if necessary, robust representation is provided in court. Our goal is to alleviate the burden on our clients, allowing them to focus on recovery while we focus on securing the compensation they deserve.

What Kind of Compensation Can I Receive

Compensation in personal injury cases, also known as damages, is the monetary payment made to the injured party (plaintiff) by the party responsible for the injury (defendant). These damages are intended to help the injured person recover from or cope with the effects of their injury.

Economic Damages

Medical Expenses:

• Comprehensive Coverage: This includes all costs incurred for medical treatment immediately following the injury and for ongoing medical care. It can cover emergency room visits, surgeries, hospital stays, doctor consultations, physical and occupational therapy, medication costs, and any specialized medical equipment required.
• Future Medical Expenses: If the injury results in long-term or permanent disability, future medical expenses like ongoing therapy, future surgeries, or long-term care are also included.

Lost Wages:

• Immediate Income Loss: Compensation for the income you lost while recovering and unable to work.
• Future Earning Capacity: If the injury impacts your ability to work in the future, you may be compensated for the loss of earning potential. This calculation considers your current salary, potential for future raises, and the longevity of your career.

Property Damage:

• Repair or Replacement: This covers the costs to repair or replace personal property damaged in the incident. In the case of vehicle accidents, this includes vehicle repair costs or, if the vehicle is totaled, the current market value of the vehicle.
• Other Property Damages: This may also include compensation for other personal items damaged in the incident, such as cell phones, laptops, or clothing.

Non-Economic Damages

Pain and Suffering:

• Physical Pain: Compensation for the actual physical pain experienced both immediately after the injury and throughout the recovery process.
• Emotional Trauma: This includes ongoing emotional distress caused by the injury, like fear, insomnia, and the inconvenience of dealing with the injury and its treatments.

Loss of Enjoyment of Life:

• Lifestyle Changes: If the injury prevents you from engaging in activities or hobbies you enjoyed before, you can be compensated for this loss of enjoyment.
• Social and Recreational Activities: Compensation may also include inability to participate in social, recreational, or other activities that were part of your life before the injury.

Emotional Distress:

• Psychological Impact: This covers the mental and emotional effects of the injury, such as anxiety, depression, stress, and PTSD.
• Long-Term Effects: The compensation considers not just immediate emotional distress but also long-term psychological effects that may persist even after physical recovery.

Punitive Damages

• Rare and Exceptional Cases: Awarded in cases where the defendant’s behavior was egregiously reckless or intentionally harmful.
• Purpose: To punish the defendant for their actions and to deter them and others from similar conduct in the future.
• Calculation: These are not tied to the actual damages suffered but are rather determined based on the severity of the defendant’s misconduct.

Special Considerations in Personal Injury Compensation

Severity and Longevity of Injuries:

• Greater Compensation for Severe Injuries: More severe injuries typically result in higher compensation, especially in the case of permanent disabilities or long-term medical needs.
• Impact on Long-Term Health: The potential long-term health implications of the injury play a significant role in determining compensation.

Impact on Quality of Life:

• Life Altering Changes: Significant changes to your daily life, including the need for ongoing care or modifications to your home, are considered.
• Reduced Life Satisfaction: The overall decrease in quality and enjoyment of life post-injury is a crucial factor.

Shared Fault:

• Comparative Negligence in Georgia: If you are partially responsible for the incident that caused your injury, the compensation amount may be reduced by your percentage of fault.
• Legal Strategy: Understanding and strategically addressing shared fault is crucial in maximizing your compensation.

In all these areas, the guidance and expertise of a skilled Personal Injury Lawyer in Roswell, GA, like those at Hernan Law Firm, can be invaluable in accurately calculating and pursuing these various forms of compensation.

How Hernan Law Firm Can Help

Understanding the types of compensation you are entitled to in a personal injury case is essential. At Hernan Law Firm, we strive to ensure our clients are fully compensated for all their losses and hardships. Remember, dealing with personal injury cases requires expert legal guidance – we are here to provide that for you. Let us help you navigate this challenging time and work towards securing the compensation you need to move forward.

Frequently Asked Questions About Personal Injuries Cases

What does a personal injury lawyer in Roswell, GA do?

A personal injury lawyer in Roswell specializes in representing individuals who have been injured due to the negligence or intentional actions of another party. They help you understand your rights, gather evidence, negotiate with insurance companies, and represent you in court, if necessary. The goal is to secure fair compensation for your medical expenses, loss of income, and other damages related to your injury.

How much does it cost to hire a personal injury lawyer?

Most personal injury lawyers in Roswell operate on a contingency fee basis, meaning they only get paid if they win your case. The fee is usually a percentage of the settlement or court award. It’s crucial to discuss the fee structure in detail during your initial consultation. At Hernan Law Firm, we offer a transparent fee arrangement so you understand your financial commitments upfront.

How long does it take to resolve a personal injury case?

The timeline for resolving a personal injury case can vary widely depending on several factors, including the complexity of the case, the willingness of both parties to settle, and the backlog of the local court system. Some cases may settle within a few months, while others that go to trial could take a year or more. At Hernan Law Firm, we aim to resolve your case as efficiently as possible without compromising on your compensation.

Do I have to go to court for a personal injury case?

Not necessarily. Many personal injury cases are settled out of court through negotiation between your attorney and the defendant’s insurance company. However, if a fair settlement cannot be reached or if the other party denies liability, your case may go to trial. At Hernan Law Firm, we prepare every case as if it will go to trial to ensure that you have the best possible representation at every stage.

What should I do immediately after an accident or injury?

After ensuring your immediate medical needs are addressed, it’s crucial to collect as much evidence as possible, including photos, eyewitness accounts, and medical records. Then, contact a personal injury lawyer as soon as possible. Quick action can be vital for preserving evidence and adhering to Georgia’s statute of limitations for filing a personal injury claim, which is generally two years from the date of the injury.

Hernan Law Roswell Personal Injury Lawyer

10896 Crabapple Road, Suite 101 Roswell, Georgia 30075

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Do I Need Witnesses for My Personal Injury Claim?

Medical malpractice, on-the-job injuries, car accidents, and a number of other situations can cause personal injuries. If an injury is severe enough, it could lead to expensive medical bills, lost wages, and ongoing physical and mental health problems. As a personal injury in Roswell, Georgia a firm like Hernan Law can explain, that if you are considering filing a personal injury lawsuit, it helps to know whether there are witnesses who can vouch for your situation.