Athens, GA Personal Injury Lawyer

A “personal injury” is any physical, emotional, and/or financial injury that you suffer due to someone else’s intentional, reckless, or careless actions. Personal injury cases typically arise when the negligence of a person or entity, such as a government agency, causes motor vehicle accidents due to driver negligence or slip-and-falls due to hazardous property conditions. However, personal injury cases can involve many other kinds of wrongdoing, such as failing to provide adequate security or manufacturing and selling a dangerous and defective product.

In most cases, you will know if you have a personal injury claim if your evidence supports the four basic elements of a negligence claim in Georgia:

• Duty – When, under the circumstances, a person has the responsibility to ensure the safety of others, such as a driver’s duty to operate their vehicle safely and comply with traffic laws.
• Breach – The person failed to live up to their duty of care through their acts or omissions, such as a driver speeding, running a stop sign, or texting while driving.
• Causation – The person’s breach of the duty of care caused your injuries, which may require consulting an accident reconstruction expert, medical professional, or others to establish.
• Damages – The actual harm you suffered as a result of the party’s negligence, which often requires evidence such as medical bills, pay stubs, receipts, invoices, and expert testimony.

In some states, you cannot recover any compensation if you contribute in any way to the accident that caused your injuries. Fortunately, Georgia is not one of those states. Instead, our state follows a modified comparative negligence rule.

In Georgia, an injured person can still recover compensation even if they’re partially at fault for the incident that injured them. However, they must be less than 50 percent at fault. If so, their compensation gets reduced in proportion to their percentage of fault.

For example, if your total damages come to $100,000 and you are 20 percent at fault, your compensation would be capped at $80,000. However, if your share of fault were 80 percent, you would not be entitled to any compensation.

In Georgia, like other states, you must comply with the statute of limitations that applies to your claim, or the deadline for filing it. If you miss the deadline, you will likely be unable to file a compensation claim or have much leverage when dealing with insurance companies.

In Georgia, the general statute of limitations for most personal injury claims is two years from the date the injury occurred. For wrongful death claims, families typically have two years from the date of their loved one’s death to file a lawsuit against the responsible party or parties.

If you suffered an injury at work, you typically will have one year from the date of a workplace injury accident to file a workers’ compensation claim seeking benefits.

Georgia law provides limited exceptions to these deadlines. An experienced personal injury lawyer can determine the statute of limitations that controls your case and whether any exceptions apply in your case.

The time it takes to resolve your personal injury case depends on many different factors, including:

• The depth and complexity of the investigation
• Whether litigation is needed to preserve and collect evidence
• The strength of the evidence offered to establish fault
• The willingness of the at-fault party (or parties) to negotiate a fair settlement
• Whether the case ultimately goes to trial and whether that outcome is appealed.

Generally, if the evidence clearly establishes fault, and documentation supports the amount you seek in compensation (such as medical bills and pay stubs), your case could be resolved in a matter of months. However, if the other party (or insurance company) challenges liability and/or the amount you seek in damages, the case could take much more time.

When you work with R. Alan Cleveland, LLC, on your personal injury case, we will provide you with updates at every stage in your case, including whenever filings occur, the parties exchange evidence, and your court dates are scheduled. You won’t be left in the dark.

We believe in working closely with our clients. You can count on us to listen to you and take the time to understand your needs and goals. We will regularly consult with you about your case. And, above all, we will always be available to answer your questions and explain your case.

Most personal injury claims get resolved through a settlement rather than going to trial. Cost is one major reason why. If the parties can agree to a full and fair settlement before a trial, they can avoid incurring additional legal fees and expenses. However, a case can settle at any time. In some cases, the parties agree to a settlement during trial or even after a verdict is returned. At R. Alan Cleveland, LLC, we always prepare each case as if it will go to trial, which helps when negotiating with insurance companies.

When you suffer a serious, life-changing injury or catastrophic injury due to an accident caused by someone else’s negligence, you have the right to seek full compensation for all damages you have suffered, which may include the following:

• Past and future medical expenses
• Lost income and diminished future earning ability
• Pain and suffering
• Emotional distress
• Property damage
• Punitive damages (if warranted, to punish and deter the wrongful conduct).

When you work with R. Alan Cleveland, LLC, we will thoroughly review your case and may consult with medical professionals and others to carefully calculate your damages.

An experienced Athens personal injury lawyer at R. Alan Cleveland, LLC, can immediately get to work on your case to help you after a serious injury by taking steps such as:

• Investigation – We will launch an in-depth investigation to determine the cause of your accident and all parties who are responsible for your injuries. We can document the full extent of your injuries and financial losses.
• Negotiation – We can then use this information to negotiate from a position of strength to help you seek compensation to cover your medical bills, make up for lost income, and properly compensate you for the pain and suffering you endured due to someone else’s negligence.
• Communication – We are a dedicated personal injury law firm that can help you with every detail following an accident, including handling all communications with insurance companies and other parties (so you don’t have to worry about it). Ultimately, we want to give you peace of mind in knowing that your claim is in capable hands.
• Litigation – While we will strive to resolve your claim out of court, we won’t be afraid to take your case to trial to pursue justice in court if the insurance company fails to offer a reasonable settlement.

We can provide a free, no-obligation consultation so you can learn about your legal rights and options without paying anything.

Throughout the legal process, we will provide support. Our goal is to stand by you during this difficult time and do everything possible to help you get your life back on track.

We also offer contingent payment terms. So, we only get paid when you do.

If you were injured in a car accident, slip and fall, or other personal injury incident, the actions you take immediately after the accident can have a significant impact on what happens with your claim. Take these steps following a personal injury to protect your legal rights and options:

• Report the Accident – Call the authorities and report the accident. An officer should respond and complete an accident report detailing key information, such as the date, time, and location. The officer may also issue a citation if the party who caused the accident violated traffic rules or other laws. Make sure to get a copy of the report. If you suffered injuries in a slip and fall at a business or injury in another non-traffic-related matter, report the accident to the property owner or person responsible for it.
• Seek Medical Attention – The most important thing to do after an accident is to seek immediate medical attention. The sooner a doctor diagnoses your injuries, the sooner you can begin receiving treatment. If the EMTs recommend taking an ambulance to the emergency room, do so. You can later seek compensation for medical bills stemming from your emergency treatment, transportation, and follow-up care.
• Document Everything – The accident scene will be cleaned up quickly, so you must record as much information as possible. Request contact information for any witnesses who observed the accident. Look for nearby businesses or traffic cameras that may have recorded the accident. Photograph any conditions that may have caused the accident. And, keep all documents and evidence of the following:
  • The full extent of your injuries
  • Your medical records, expenses, and treatment
  • Lost wages and lost earning potential caused by your injuries
  • Financial losses caused by your injuries

Evidence of your physical and emotional suffering and anguish.