Answers To Frequently Asked Questions About Personal Injury Lawsuits
Because the facts of every injury accident are unique, so too is every personal injury lawsuit. At The Helms Law Firm, we understand the importance of investigating each accident thoroughly and not applying a cookie-cutter approach to handling any case.
However, there are aspects of personal injury law that are consistent in all cases. We address some frequently asked questions on this page in order to provide information that can help you understand how your case will be treated by your lawyer, the insurance company’s lawyer and Georgia courts.
We encourage you to schedule a free consultation so we can review the facts of your case and provide answers that apply to the specifics of your injury accident.
How will my personal injury case be valued?
Georgia law allows injured parties to recover three types of compensation: economic, non-economic and punitive damages. Economic damages refers to current and future medical costs, lost wages, loss of future earning capability and any other costs incurred as a direct result of the injury accident. Non-economic damages refers to more nebulous impacts of an injury, such as pain and suffering, loss of enjoyment of life, and loss of consortium (the deprivation of the benefits of married life or parenting). Factors used in determining non-economic damages include how serious a plaintiff’s injuries are, how long it will take to recover, whether a full recovery is even possible, and how much fault is apportioned to the other party. Punitive damages punish defendants for acts that are beyond simple negligence. Punitive damages may be available in cases where a defendant acted in a willful or malicious manner. They apply to a small percentage of injury lawsuits.
Can I file a personal injury lawsuit if I was partially at fault?
Georgia follows a system of modified comparative negligence, which means an injured person who was partially at fault in an accident can still file a lawsuit and recover a portion of medical costs and other damages. It must be determined that you were less than 50 percent at fault for your injuries. A court may reduce the amount of money you recover in proportion to the amount you are found to be at fault. For example, if your total medical costs are $100,000 and you are found to be 25 percent responsible for the accident, your recovery for medical costs can be reduced to $75,000.
Can I file a personal injury lawsuit if the person who caused a car accident was uninsured?
Georgia law requires that motorists carry minimum amounts of liability insurance. However, it is estimated that as many as one in 10 motorists on the road in Georgia are uninsured. If you are injured by an uninsured or underinsured motorist, you may be able to pursue compensation through your own insurance provider. It is wise for licensed drivers in Georgia to obtain uninsured motorist/underinsured motorist (UM/UIM) coverage. This coverage is available in “stacking” or “non-stacking” form, which determines whether you can add your UM/UIM coverage on top of any money that is recovered from an at-fault motorist. Our attorneys can assist you in exploring your options for recovery in a personal injury lawsuit.
Why do I need hire a personal injury lawyer after an injury accident?
Your first thought after being injured in a motor vehicle accident or other type of accident in which someone else was at fault is that their insurance company will cover your medical costs and other expenses. Unfortunately, this is not always the case. Insurance companies often focus their energies on making a profit. They want to minimize the amount they pay out in claims and deny claims completely whenever possible. If your injuries are serious, this may put you at risk of spending a significant amount of your own money on medical costs and losing a significant portion of salary if you are unable to work due to your injuries. Insurance companies have teams of lawyers who work to reduce claims or deny claims every day. You need equally aggressive and knowledgeable legal representation to protect your rights following an injury accident.
It is important to remember that most injury law firms work on a contingency fee basis, which means you only pay attorney fees if the lawyer you hire helps obtain a recovery. The Helms Law Firm always strives to maximize compensation for our clients.
We Can Answer Your Question During A Free Consultation
We welcome the opportunity to answer questions about your injury accident during a free consultation. Call 912-289-0655 or use our online contact form to schedule a meeting. We work with clients throughout Georgia from our office in Homerville.