Handling a personal injury is all about knowing your legal options and which attorney can assist you on your journey. Choosing the right personal injury lawyer in Atlanta is crucial for the success of your case. At Diaz & Gaeta, we are professionally trained and have extensive experience handling personal injury cases.
This ensures we offer comprehensive expertise and professionalism over the long haul. To get started with a free case evaluation and learn about your options, please take the time to reach out to our Atlanta injury law firm at 678-329-9084.
What Should I Do After an Injury?
You will want to know what your options are when it comes to dealing with an injury. It is common to deal with a situation where taking action is important. To make sure you are on the right track, the best place to start is with the steps listed here.
These steps include:
- Get medical treatment right away.
- Start taking photos/videos if possible.
- Take all relevant names and numbers of eyewitnesses.
- Report the incident. Call law enforcement if it’s a vehicular accident and report accidents at a store, home, or other premises to the property to the owner or manager.
- Do not admit fault.
- Call a personal injury lawyer!
You want to stay alert and go through these steps one by one. It’s the best way to get the type of results you are hoping for.
Why Do I Need an Atlanta Personal Injury Lawyer?
You may think that you won’t need a lawyer because it’s a simple case, or that you think you can represent yourself. Which may be true. However, our personal injury lawyers in Atlanta have years of experience representing clients with both straightforward and complex cases. We know what your rights are and how to get you the compensation that you deserve.
Here are some of the ways that we can help you:
Case Preparation/Filing a Lawsuit
You will need a lawyer to make sure the personal injury claim is filed the right way. This includes knowing what to put in the legal claim and how to position yourself for a positive verdict. Getting a personal injury lawyer to help with this makes things a lot easier.
If there is a scenario where the other party states they want to settle then it is time to take a look at getting a lawyer that can assist. The lawyer will guide you through the negotiations and represent you in front of the other party. This provides peace of mind and helps organize your requirements.
Trial Preparation & Representation
Preparing for the trial is an important part of the legal process. While some cases are not going to get to the trial process, it is still essential to get an attorney that can help with this step. You will want to put your best foot forward in a scenario such as this and that is what you are going to get with a qualified legal professional by your side.
What Type of Damages Can I Recover?
In all personal injury cases, there are 3 types of compensation that a personal injury client can recover for their damages. They are:
Economic damages include any expenses or economic losses you’ve experienced because of the other party’s negligence. This includes medical bills, prescription fees, a loss of income, and the cost of repairing or replacing damaged property.
If you had to pay for something out of pocket, you will want to list it in the personal injury claim. It is best to go through and pinpoint each expense that has come to be due to the accident.
While most people are going to be looking at the hit to their pocket, it is also important to think about the non-economic damages that have become a paramount issue. If you are dealing with a quality of life issue, it is best to mention it as soon as possible.
Non-economic damage can include physical pain and suffering, emotional distress, loss of companionship in the case of wrongful death, and inability to enjoy hobbies due to a disability.
The purpose of punitive damages is not to compensate you for your losses, but to punish the responsible party. Punitive damages are quite rare and are only given in cases where the behavior of the defendant is deemed malicious, reckless, or grossly negligent.
Georgia law limits punitive damages to a maximum of $250,000 except in product liability cases, if the defendant intended to cause harm, or if the defendant’s judgment was “substantially impaired” by alcohol or drugs. Seventy-five percent of punitive damages go to the state treasury.
How Is Liability Determined?
There are certain requirements that need to be met and proven in order to determine if a party is liable in a personal injury case. If you and your personal injury lawyer in Atlanta can prove with sufficient evidence that the other party was liable, then you can be awarded compensation.
It’s important to note that Georgia is a modified comparative negligence state. This means you can’t recover compensation if you are found to be 50% at fault or more.
They are as follows:
Duty of Care
The first step to determining liability is going to involve the duty of care. Each person or party is going to have a specific duty of care in the situation. It is important to prove the other party had a responsibility in the situation to follow a specific rule.
This can include having a responsibility to not drive over the speed limit on the road. The driver is also expected to follow the rules of the road at all times.
Breach of Duty of Care
This refers to the party breaking their duty of care at that specific moment. Using the same example as before, if a person is on the road, they should not be going over the speed limit. If they go over the speed limit, this would be seen as a breach of duty of care.
This has to be proven to highlight why the other party is liable for their actions.
It is also important to focus on making the connection between the accident and negligence. This is important when it comes to highlighting the damage that was done. You have to showcase how the negligence is what led to the accident.
If the action did not lead to the accident then you can’t claim compensation for the defendant. This is why a personal injury lawyer can help with the process and make sure it unfolds the way you want it to.
To show liability, you are going to have to showcase damages. This includes the physical injuries, economic losses, and pain and suffering that happened because the other party was negligent. For example, medical bills, lost wages, and scarring or disability can be cited in the personal injury claim.
The best approach in a situation such as this is to reach out to Diaz & Gaeta at 678-329-9084. We will do our best to help out and make sure you are on the right path.
How Much Time Is Available to File a Personal Injury Claim in Georgia?
When it is time to file a personal injury claim in Georgia, you are going to have two years from the time of the accident. It is important to act fast and make sure you are getting the legal claim filed before the due date.
We believe it is best to reach out to us at Diaz & Gaeta for more information on what your options are. Our personal injury lawyers in Atlanta will not only prepare the legal claim but also make sure it is filed properly. This will provide peace of mind as you begin to figure things out.
If you want to go with a law firm that is ready to help at a moment’s notice then you will want to give us a chance at Diaz & Gaeta. Call 678-329-9084 to begin the process as soon as possible.
Personal Injury Claims Process
The personal injury claims process is a complex one. However, we have categorized the process into 4 different major parts:
Contact an Attorney
The first thing you are going to have to do is reach out to a trusted lawyer. This is what you are going to find at our law firm. We are accredited legal professionals that can handle a wide array of personal injury claims on your behalf.
File a Personal Injury Claim
The next step is going to involve case preparation and making sure the right steps are taken. This is going to include an in-depth consultation based on your situation and what has to be listed in the personal injury claim. We are then going to move forward with the claim and file it in the state of Georgia.
Negotiating with insurance representatives can be extremely daunting as they can be very persuasive when it comes to bargaining for lower compensation. Because of this, you need an experienced attorney to help you through the settlement negotiation process. Basically, hiring a lawyer will help you get better compensation.
If settlement negotiations fail, your lawyer will be ready to present your case in court. Your attorney will present evidence before the court to protect your legal rights and win you compensation.
To get started, call Diaz & Gaeta at 678-329-9084.
How Much Will a Personal Injury Lawyer in Atlanta Cost?
The cost of an Atlanta personal injury lawyer is going to involve a contingency fee. This fee is a set percentage of your compensation that is only paid when you receive a settlement or positive verdict.
The reason for doing this is to make sure clients don’t have to make an upfront payment when they are already dealing with financial concerns. We believe this way is the best and is going to keep things as simple as they need to be.
To make sure these details are ironed out in advance, we take the time to mention the percentage during the initial appointment. To find out more about the fee that is going to be paid from the compensation, please take the time to reach out to us at 678-329-9084.
Types of Personal Injury Cases We Handle at Diaz & Gaeta
Diaz & Gaeta offers a wide array of legal services and makes sure things are done the way they need to be. We represent clients in the following types of cases:
Auto accidents can leave victims with serious injuries and steep medical bills. Proving the other party was at fault and ensuring you receive full compensation for your losses is crucial. Diaz & Gaeta helps represent clients for all types of auto accidents and will put in the time to better recognize what the right approach is moving forward.
Slip and Fall
The owners or managers of public or private property have a responsibility to take steps to protect visitors. This means they must take deal with hazards like wet floors and debris and post warning signs. If you or a loved one slipped and fell because of a careless property owner, our lawyers are here to help.
Traumatic brain injuries can have devasting and long-term consequences for your personal and professional life. These injuries are most commonly caused by auto accidents, falls, sports injuries, and acts of violence. If you or a loved one suffered a brain injury because of someone’s malicious or negligent actions, we can help you demand the compensation you deserve and need to move on with your life.
When a consumer sustains an injury from a defective product, they can file a lawsuit against the manufacturer or any other party within the chain of distribution of the product. Our product liability lawyers know how to put together a strong case and help you maximize your compensation.
Family members have the right to file a wrongful death lawsuit when someone passes away due to a defective product, a violent crime, or careless or reckless behavior by another person or organization. No amount of money can make up for the loss of a loved one, but demanding compensation serves to hold the wrongdoer accountable and protect your family’s future.
Contact Us Today for a Free Case Review!
These are the details to focus on when it comes to going with the best personal injury lawyer in Atlanta. At Diaz & Gaeta, we are going to put our best foot forward and help guide you through the legal process.
We know you will not know what is required to optimize your legal situation and that is what we are all about. We have done this for years and will help guide you through each step. To get started with us, call Diaz & Gaeta at 678-329-9084 for a free case evaluation.