Traumatic injury due to the negligence of another driver, an employer, or a company that makes or installs a defective product can leave victims and their families hurt and overwhelmed. Medical bills, disabilities, and financial and emotional stress often present more questions than answers. Consider the following frequently asked questions or call Bowen Painter Injury Lawyers for a consultation.
What Kinds of Cases Do Personal Injury Lawyers Handle?
Personal injury lawyers handle cases involving a situation in which an individual is injured as a result of someone’s negligence or intentional actions. The most common types of cases include slip and falls, car accidents, work accidents, medical malpractice, product liability, and wrongful death.
Do I Need a Lawyer for a Car Accident?
If you do not need a lawyer, our attorneys will tell you so. However, if a car wreck has left you seriously injured, you will want an experienced and knowledgeable advocate to look after your interests. Call our Savannah car accident lawyers at Bowen Painter Injury Lawyers to help you make your choice. The insurance company has one goal in mind—settle for as little as possible as fast as possible—and the odds are in their favor as they often overlook long-term care, ongoing operations, and a fair and equitable estimation of future earnings potential.
What Should I Do After Suffering a Personal Injury?
Anytime you’ve been in an accident and suffered injuries, it can be upsetting and scary. It can also be confusing as to what you should do next. Lawsuits likely aren’t the first thing on your mind, especially if you’ve been seriously injured. However, when you’re well enough and on your way to recovery, it’s a good idea to start thinking about contacting an attorney, as you might be entitled to significant compensation which can help you recover more comfortably and worry less about the financial strain of the situation. After an accident, consider the following:
- Seek Medical Attention And Document All The Information: Anytime you are hurt as a result of someone else’s negligence, it’s wise to seek medical attention. Even if you don’t feel hurt, it’s still good to get checked out. Injuries can be internal or show up after some time has passed, so having documentation is always a good idea. Personal injury cases will often primarily depend upon the severity of your injuries and how well they’re documented, so it is important to document everything.
- Take Notes: It’s extremely important to take notes. What happened? Do you remember what caused the accident? How were you feeling? While you think you might remember everything because right now it’s fresh in your mind, a few months down the road, you may not recall everything important you need to remember for your claim. You need your notes to be well-detailed so you can easily refer back to exactly what occurred when your lawyer needs you to. You don’t want important aspects of the case to be forgotten.
- Contact a Lawyer: Finally, it’s always in your best interest to contact a personal injury lawyer. Insurance companies often try to offer settlements to resolve the case quickly, but they typically offer very low initial settlements when you might be entitled to much more. When you hire legal representation, it’s less likely that an insurance company will try to take advantage of you. A lawyer can help you recover evidence and help you each step of the way with your claim, ensuring that you receive the highest monetary award that is possible.
I’m Seriously Injured From a Car Accident and Have Medical Bills Due Already; Is the Compensation process Lengthy?
Not necessarily. The insurance company of the at-fault driver may delay payments for a variety of reasons. We have solutions—such as working with doctors to accept payment after recovery—and we know how to put pressure on insurance companies to reimburse bills in a timely manner. For more information, call Bowen Painter Injury Lawyers’ coastal Georgia and South Carolina office to ask a direct question or to schedule a consultation.
Should We Take the First Offer From the Other Insurance Company?
Probably not. It is ultimately your decision to determine what you think is fair. However, accepting the first offer is usually a mistake because it often doesn’t fully compensate you for your loss and protect you from future complications. An experienced environmental and personal injury attorney can best help you decide, providing you with the direction and advice needed to make an informed choice. If exposure to hazardous waste has left you or a loved one seriously injured, call Bowen Painter Injury Lawyers for a consultation.
How Long Do I Have to File a Claim in Georgia?
In most cases, the statute of limitations for personal injury claims in Georgia is two years from the date of the injuries or damages sustained. There are exceptions to this deadline in some cases, including injuries involving minors and government agencies. When the defendant is a government agency, there are different notice requirements and a shorter deadline.
The statute of limitations for medical malpractice claims is also two years, but regardless of any exceptions, this type of claim can never be brought more than five years after the incident occurs, unless the case is initiated because a medical professional left a foreign object inside the body.
Always speak with a personal injury lawyer right away to determine how long you have to file a claim.
How Much Does a Personal Injury Lawyer Cost?
Most Savannah personal injury attorneys work on a contingency fee basis. Under a contingency fee agreement, the lawyer doesn’t get paid unless they recover money for you, so there’s no risk in bringing forth a claim.
Their fees are paid by taking a percentage of the award or settlement that they win for you. The range of what most lawyers charge is usually between 33% and 40%.
Will I Have To Go To Trial For My Personal Injury Case?
While it’s possible that you will go to trial, most personal injury cases are settled out of court before they reach a trial phase. Due to the time and expense brought about by litigation, many claimants and defendants prefer to settle through negotiation or mediation instead of going through a lengthy trial process with an uncertain outcome.
What Kind of Compensation Can Be Recovered in a Personal Injury Claim?
An injury victim can most commonly be compensated for medical and health-care related expenses, lost wages owed to them due to the time off it took to recover from injuries, pain and suffering endured during the process, and property damages incurred as a result of the accident. Other remedies such as compensation resulting from loss of consortium may also apply in some cases.
In some cases, punitive damages can be recovered. Punitive damages serve to punish and deter the defendant from engaging in similar behavior going forward.
How Do I Know How Much My Claim is Worth?
The value of an accident claim varies depending on a variety of factors such as the severity of your injuries, the nature and scope of required medical care, property damage involved in a crash, and future income losses resulting from the incidents. A reasonable estimate can be determined by consulting with a legal professional experienced in personal injury cases.
Contact our attorneys today online or call (912) 335-1909 for a free case evaluation.
How Do I Prove Liability and Determine Fault in a Savannah Personal Injury Case?
A personal injury lawsuit in Georgia seeks to hold one or more parties liable, or financially responsible, for a preventable accident. As the injured party or plaintiff in a personal injury lawsuit, it is your burden to prove that the other party (the defendant) more likely than not caused your injury through an act of negligence. Negligence refers to carelessness that results in injury or harm to others. Proving a case can be complicated, even if you’ve suffered severe personal injuries. This is why it’s so important to find qualified attorney help. Typically, to be successful, you must show at a trial that the defendant was negligent. In order to show negligence, you must prove the following elements:
Duty of Care
The first element you must prove is that the defendant owed you a duty of care. In a car accident case, for example, all drivers are required to take measures to keep other drivers on the road safe. By getting behind the wheel of a car, there is a duty of care to reasonably keep other drivers safe that all drivers must adhere to. This is one of the easiest elements to prove.
Breach of Duty
The next element you must prove is that the defendant breached that duty of care. For example, if the defendant was driving and also speeding, texting, or under the influence, they’ve almost certainly breached the duty of care. This should be enough to satisfy this element.
You Sustained Injuries
One of the most important elements is that you actually suffered injuries. If the other party was negligent but you didn’t get hurt in any way, you are almost certainly not entitled to compensation. If you suffered injuries, this can satisfy this element. The more severe your injuries, the more likely you are to be eligible for compensation.
The Defendant’s Breach Was a Direct Cause of Your Injuries
Finally, you must prove that the injuries you suffered were actually caused by the breach. The simple fact of suffering injuries isn’t enough for a successful personal injury claim. If the defendant caused the crash and the crash caused your injuries, this will likely be sufficient to prove this element. Your lawyer can help obtain evidence, medical records, and any other relevant documentation that shows you suffered injuries and that they were the result of the defendant’s conduct. You or your attorney will need to prove these elements based on a preponderance of the evidence, meaning enough evidence to show that the defendant caused your accident with at least 50 percent certainty.
What are Hazardous Waste Toxic Torts?
Toxic Torts are lawsuits that address the serious and life-altering effects of exposure to a toxin. These cases include lead paint, pesticides, and unsafe drugs exposures.They can be complicated and difficult to determine without proper legal counsel. If your injury, disease, or illness stems from exposure to a toxic agent, contact Bowen Painter Injury Lawyers for a consultation today.
What Do I Do If My Injury Is a Result of Exposure to a Hazardous Material.
After you’ve received medical treatment and are ready to act on your case, you should contact an attorney experienced in hazardous materials litigation. In the greater Savannah area, Bowen Painter Injury Lawyers has an unprecedented knowledge and record of success with hazardous material cases. Our attorneys can help you determine the level of compensation you deserve for medical costs, injuries, or other damages caused by a wrongdoer’s recklessness or negligence.