Personal Injury Attorneys Fighting for Atlanta
Atlanta is a big, busy metro area full of people who are in a hurry, and injuries due to things like auto accidents, pedestrian accidents, slip and falls and workplace accidents can happen all too easily in the hustle and bustle of daily life. Being injured is always an annoying, unpleasant inconvenience that disrupts your life, but suffering a preventable injury that was caused by a person or business’s negligence adds an additional unpleasant layer to an already bad situation.
Knowing that the only reason you have medical bills piling up, you are unable to work and your day-to-day responsibilities are going unfulfilled because someone else was being irresponsible or inconsiderate is truly frustrating. Maybe most importantly, many people find themselves saddled with deepening debt and no feasible way to pay it off since their income may have been cut off by their injury.
In these situations, calling skilled and experienced personal injury attorneys is often the best course of action. The Atlanta personal injury attorneys at Kanner & Pintaluga have extensive experience representing people in situations like yours. They are committed to helping accident victims who have been affected by a personal injury find the resources they need to pay for treatment and receive the compensation they deserve so their injury doesn’t result in long-term destitution and financial struggles.
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Types of Personal Injury Cases We Represent in Atlanta
Some of the most common personal injury claims we see involve car accidents of some type, including truck accident, pedestrian and bicycle involved auto accidents and injury accidents caused by drunk drivers.
There are also many injuries caused by dangerous and improperly maintained properties. We have helped many clients injured in their rental residences – including rental home and apartments – because the landlord hasn’t safely maintained the property.
People also suffer slip and fall injuries going about their day-to-day lives, like tripping over a pothole in a retail parking lot or slipping on a wet floor in a grocery store.
We also see far too many cases where dog owners do not adequately protect others from their pets. Dogs are great companions, but if a dog is aggressive, dog owners have a duty to prevent their pet from injuring other people.
Although the physical safety of workplaces doesn’t always get as much attention as some other modern issues affecting today’s workers, unsafe work environments are still a major problem in the United States, including Atlanta. Our attorneys have represented many workers who have been injured on the job and aren’t receiving the compensation they need from their employer’s workers’ compensation insurance to help them recover physical and financially.
What Damages Can You Recover from a Personal Injury Case in Atlanta, GA?
A personal injury lawyer in Atlanta can help correctly calculate your claim to determine your case’s worth. In Georgia, victims can claim several types of damages when filing a lawsuit. However, insurance companies, large corporations, healthcare networks, and opposing counsel will often try to minimize your settlement–pressuring you to accept less than what you truly deserve. Don’t allow this to happen.
The Atlanta injury lawyers at Kanner & Pintaluga are here to protect your rights. We work tirelessly to ensure our clients receive fair compensation for their injuries. Additionally, we seek to keep clients informed throughout the process of everything they may be entitled to — so you don’t walk away with less than what you deserve. Here are the three types of damages you can recover from a personal injury claim in Georgia and examples of contributing factors.
Economic Damages
Cases with large, quantifiable damages are often the strongest. According to the American College of Surgeons (which provides information on medical malpractice claims), economic damages “refers to compensation for objectively verifiable monetary losses.”
These are monetary losses you can easily calculate by reviewing bills, receipts, and other financial information. Common examples of economic damages include:
- Past and future medical expenses
- Past and future lost wages
- Loss of use of property (for example, your car)
- Property damage
- Cost of repairs and replacement
- Economic value of domestic services
- Loss of employment or business opportunities
- Rehabilitation costs
- Legal expenses
- And more
Non-Economic Damages
Non-economic damages “refers to compensation for subjective, non-monetary losses.” Since no hard numbers support these claims, they can be much more challenging to calculate. For this reason, having a personal injury lawyer in Atlanta is essential. The team at Kanner & Pintaluga will thoroughly review your claim and help determine a non-economic compensation package.
Non-economic damages often make up a significant portion of settlements. Generally, legal experts determine this amount by multiplying economic damages by 1.5 to 5, depending on the severity of the case. This number accounts for your pain and suffering.
Examples of non-economic damages include:
- Mental anguish and PTSD
- Inconvenience
- Emotional distress
- Insomnia
- Loss of society and companionship
- Loss of enjoyment of life
- Loss of reputation
- Disfigurement or permanent scarring
- Physical impairments and disability
- Humiliation and embarrassment
- And more
Punitive Damages
Punitive damages are a rare form of compensation that judges award only in the most negligent and malicious cases. Punitive damages are awarded for the purpose of punishment, to discourage other parties from participating in the same harmful actions as the defendant. They are commonly issued to corporations, healthcare networks, doctors, and criminals.
These damages are meant to deter others from making the same mistake. Judges award punitive damages when a defendant has been particularly reckless. Examples of punitive damages include:
- Blatant misconduct
- Recklessness
- Malice
- Intentional harm
- Gross negligence
Cases most likely to receive punitive damages include product liability claims, medical malpractice cases, and injuries that result from criminal behavior like drunk driving. It’s important to know that judges award these damages in just 3%-5% of all personal injury claims, according to the U.S. Department of Justice.
What to Do if You’re Hurt in an Accident in Atlanta
If you’re hurt in an accident in Atlanta, it’s important to take specific steps to protect your health, legal rights, and potential for seeking compensation. Always contact an Atlanta injury lawyer as soon as possible following an accident resulting from another party’s negligence. The team at Kanner & Pintaluga is standing by to take your call and provide legal guidance on the next steps.
Here’s what to do if you’re hurt in Atlanta, Georgia:
- Seek immediate medical attention and follow all of the doctor’s orders. Keep copies of all your medical records and attend all follow-up appointments.
- Contact the proper authorities. Please call the police or emergency services right away. Police reports are vital to documenting an accident. Keep copies of all reports and incident numbers.
- Document the scene of the accident, if possible. Take pictures and videos of the scene on your phone, showing as much of the damage and surrounding environment as possible.
- Don’t admit fault for the accident. While it’s often human nature to apologize for an incident and accept responsibility, this can harm your chances of recovering a settlement later.
- Notify your insurance company of the accident. Keep records of all correspondence with insurance agents.
- Don’t settle quickly. Often, insurance companies will try to pressure you into accepting low offers. Allow your Atlanta injury attorney to negotiate a fair payout.
- Prepare for the legal process. Kanner & Pintaluga’s injury lawyers in Atlanta, Georgia, will guide you regarding the next steps and crucial actions.
Time Limit for Filing a Personal Injury Lawsuit in Georgia
If you’re the victim of an accident or injury, it’s crucial to know that there is a time limit for filing a personal injury lawsuit in the state of Georgia. As per Georgia Code § 9-3-33, most cases require you to file a personal injury lawsuit within two years of the accident.
“Actions for injuries to the person shall be brought within two years after the right of action accrues, except for injuries to the reputation, which shall be brought within one year after the right of action accrues, and except for actions for injuries to the person involving loss of consortium, which shall be brought within four years after the right of action accrues.”–Georgia Code Title 9.
Due to these time constraints, contacting an injury lawyer in Atlanta is essential. The team at Kanner & Pintaluga is available 24 hours a day, 365 days a year. Contact us today, and a representative will reach out to you shortly. We’ll schedule a FREE consultation and case evaluation to review the facts of your claim, help determine the cost of damages, and develop a plan to take action.
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How Our Personal Injury Attorneys Fight for Atlanta Area Clients
Winning the compensation an injured party deserves takes a lot of legwork and determination. You may know what caused your injury better than anyone, but in order to get the compensation you need it requires being able to prove it in a court of law to people who are completely unfamiliar with your situation. This means gathering evidence, building a case, attempting to negotiate a settlement before court and being willing to go to trial if necessary.
- Every personal injury case is won on the back of evidence, and it takes effective investigation to gather all the necessary evidence. Some of the evidence, such as your medical records and receipts, doctor’s assessments and police reports are relatively easy to get. Getting ahold of accident photos, surveillance footage and witness testimony can sometimes be a bit more difficult. Our experienced investigators work tirelessly to gather as much information as possible so we can enter into negotiations with an airtight case that shows how someone else’s negligence led to your accident, what the resulting injuries were and what the impact will be for your future.
- Once we have a strong case, we begin negotiating with the culpable parties’ insurance companies and their attorneys. When we’re able to clearly show the insurance company that their client’s negligence led to your injury and what the expected costs are for your recovery, long-term care, lost wages and other damages, they often decide it’s better to offer a fair settlement rather than drag the case out in a court of law in front of a judge and jury. Personal injury trials can be long and expensive, and if it’s clear that you were wronged by the negligent party, they will often prefer to offer a fair settlement rather than fight a losing battle in court.
- If the insurance company and their attorneys decide they’d prefer to take your personal injury case to court, our Atlanta trial attorneys will aggressively make your case before a judge and jury. We’ll put forth compelling arguments and irrefutable evidence to show the court how you were injured, who caused the injury and the negative physical and monetary impact those injuries had, have and will continue having on your life. The end goal is to get a verdict that awards you as much compensation as possible for your injury.
Atlanta Injury Lawyers: Frequently Asked Questions
Navigating the aftermath of an injury can be overwhelming. Kanner & Pintluga’s injury lawyers in Atlanta are here to ease that stress by answering your questions, providing clear guidance, and helping you through every step of the process with care and compassion. Here are some of the more frequently asked questions regarding Georgia’s personal injury claims process.
What is the personal injury statute of limitations in Georgia?
The statute of limitations for personal injury claims in Georgia is two years from the date of the accident or injury (as outlined in the Official Code of Georgia Annotated § 9-3-33). However, sometimes, there are exceptions to this rule, making it essential to consult an Atlanta injury lawyer as soon as possible.
How do I know if I need a personal injury lawyer?
Hiring an injury lawyer in Atlanta is a big decision. Here are some key considerations if you’re looking into the process.
- Initial consultations with Kanner & Pintaluga are always FREE.
- We work on a contingency basis — if we don’t win, you don’t pay.
- An Atlanta personal injury lawyer can help ensure you are compensated fairly for serious, life-altering injuries requiring long-term medical treatment and care.
- If the other party (or their insurance company) denies responsibility for the accident or injury, a lawyer can help prove liability.
- Insurance companies often try to settle claims quickly for low amounts. A personal injury lawyer can help ensure all of your damages are covered.
- A personal injury lawyer in Atlanta can help calculate the total value of your claim, ensuring you get a fair settlement.
- If the responsible party is a large corporation or a powerful insurance company, a personal injury lawyer can help level the playing field.
- The legal process is often confusing and overwhelming. The Atlanta injury lawyers at Kanner & Pintaluga handle your correspondence and legal matters.
How much does a personal injury lawyer charge in Atlanta?
The Atlanta personal injury lawyers at Kanner & Pintaluga work on a contingency fee basis. This enables you to receive aggressive legal representation without paying any upfront costs. Instead, we collect legal fees once you receive your settlement. You can focus entirely on your recovery while we fight your case. If we don’t win, you don’t pay.
What is the process for filing a personal injury claim in Georgia?
Contact an Atlanta injury lawyer today to begin your claim. Here are the steps in the process:
- Get immediate medical care following the accident and keep records of all documentation regarding injuries and costs.
- Consult with a personal injury lawyer in Atlanta, Georgia, to determine the strength of your case.
- Gather evidence and allow the personal injury law firm to investigate thoroughly.
- File an insurance claim.
- Your Atlanta, GA, injury lawyer will begin negotiating a settlement.
- File a lawsuit if negotiations fail.
- Go through pre-trial motions and attempt a settlement discussion.
- Proceed to trial if no settlement is reached.
- Receive compensation and close your case.
What if I am partially at fault for the accident?
Georgia is a comparative negligence state, meaning you can still file a lawsuit if you’re partially at fault for an accident. You must be 50% at fault or less to sue for damages in Atlanta.
If you’re found to be partially at fault — but less than 50% — and you suffer an injury, the percentage of your fault will reduce your damages. For example, if you are 40% at fault, you can only claim 60% of your total awarded damages.
What if I am injured in an accident with an uninsured driver in Georgia?
According to a 2022 study by the Insurance Research Council, 12% of all drivers in Georgia do not have insurance. This leaves car accident victims scared and often facing large medical bills following a crash. If this happens to you, don’t panic, and contact a car accident lawyer in Atlanta immediately.
Instead of making a claim through the other driver’s insurance policy, an Atlanta car accident lawyer will likely advise you to file a lawsuit against the other party directly. They may be responsible for covering your damages out of pocket.
How long does a personal injury case take to resolve?
How long your personal injury case will take to resolve depends on several factors. These factors include:
- The severity of your injury.
- Case complexity.
- The willingness of the parties to negotiate.
- Response from insurance companies.
- Court schedules.
- And more.
Cases with minor injuries tend to settle more quickly. Most personal injury cases settle within six months to two years. If your case proceeds to trial, it may take longer.
What should I bring to my first consultation with a personal injury lawyer?
It’s important to bring as much relevant information and documentation as you can to a first meeting with an Atlanta injury lawyer. This initial consultation is often when an attorney will decide whether or not to take your case, how much your claim may be worth, and the strength of your case. Sometimes, an Atlanta personal injury lawyer may advise you to gather more information before moving forward.
Information to bring to your initial consultation includes:
- Police reports regarding the accident.
- Medical records detailing your injuries.
- Medical bills and receipts outlining your costs.
- Information regarding the date, time, and location of the incident.
- Photographs of your injuries and the scene.
- Insurance information: your insurance policy, information regarding existing claims, and information regarding the other party’s policy.
- Witness information, including names and contact information.
- Workplace documents regarding leaves of absence, lost wages, and employer statements.
- Personal ID: Your driver’s license, social security number, and more.
- A list of questions to ask your Atlanta, GA, injury lawyer.
Can I file a personal injury claim for emotional distress?
Emotional distress, also called “pain and suffering,” makes up a portion of non-economic damages in a case. This accounts for mental suffering, PTSD, depression, insomnia resulting from an event, and more.
You can sue for emotional distress, but you need proof to support the claim. Evidence like notes and testimony from therapists, medical records from mental health professionals, and evidence of change in your daily life all help prove claims for emotional distress. Claims based solely on emotional distress, without economic damages, are frequently dismissed.
What are the most common types of personal injury cases in Georgia?
According to the Legal Examiner, 39.5 million personal injury cases require medical treatment annually in the U.S., valued at over $52 billion each year. Car accidents are the leading cause of these claims, accounting for approximately 52% of all cases.
Other common personal injury cases in Georgia include slip and fall accidents (22% of claims nationwide), medical malpractice and product liability cases, workplace injury claims, premises liability, and more.
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