Atlanta Personal Injury Lawyer

Atlanta, GA Personal Injury Attorney

A personal injury can have an immense impact on your life, causing you to deal with sudden medical costs, physical pain, emotional stress, and often the inability to do your job for a period of time. Personal injuries can occur for many reasons, including car accidents, animal attacks, and slip and fall injuries. An Atlanta personal injury lawyer can help you determine if you have a personal injury claim.

When a personal injury accident is due to the failure of another party, you can hold them responsible. You have suffered injury and harm from their action or inaction, and you deserve resolution and closure. A personal injury claim can hold a negligent party liable and could prevent future accidents and injuries from occurring to others.

Why Choose Nichols Injury Law for Your Atlanta Personal Injury Claim?

The team at Nichols Injury Law knows how much your life can be impacted by a serious injury. Financial strain and physical pain are frustrating, and even more so when the injury is someone else’s fault. Our team wants to give you the legal representation and support you need to calculate, investigate, and file your claim. We are dedicated to finding justice for individuals and families in our community and holding insurance providers to fair settlements.

Dealing with a legal claim on your own may require you to negotiate a fair settlement with insurance companies while you are still receiving medical treatment. This is not only incredibly stressful but can also be harmful to your needs for rest and recovery.

When you work with an experienced Atlanta personal injury attorney, they can handle the calls and negotiations for you. They also have knowledge of common medical needs after personal injuries to determine the costs of your current and future medical care, saving you time and stress. We aim for compassionate and personalized support that provides you with the rest you need.

At Nichols Injury Law, we have years of experience in personal injury law and a record of success. Our team is skilled at negotiating settlements and advocating for our client’s rights in litigation. We work on a contingency fee basis, meaning we are paid if we win your case. Our goal is to focus on the settlement you need to recover fully.

Personal Injury Cases Our Firm Handles in Atlanta

In Atlanta, there are many unique causes of personal injury claims. It’s important to find an attorney with experience in your local community and experience in the type of accident or injury you are facing. At Nichols Injury Law, we have experience with the following types of personal injury cases:

Car Accidents

Car accidents and other forms of motor vehicle accidents can result in minor damage, or they can cause catastrophic injuries and death. Motor vehicle accidents are an exceptionally common form of personal injury. In 2020, there were 45,779 crashes in Fulton County, 880 of which were suspected to result in serious injury. In the same year, there were 145 traffic fatalities in the county.

When driving, you work to react to bad road conditions or changes in traffic, but car accidents are often outside of your control. When other drivers fail to uphold a reasonable duty of care by driving distracted, running stop signs or lights, driving impaired, speeding, or otherwise behaving recklessly, you can hold them liable for any damages they cause.

Fault is important to prove because Georgia is an at-fault state. This means that if you were not at fault for the accident, you file with the insurance company of the driver who was.

For some accidents, this insurance claim will cover the injuries and property damage you suffered. Unfortunately, in more severe accidents, even the maximum coverage won’t be enough, and you must file a personal injury claim. An attorney can help you navigate an insurance claim and a personal injury claim.

Commercial Truck Wrecks

Commercial truck crashes and other accidents with large trucks can be devastating to those in smaller cars. The size and weight of commercial trucks mean that accidents are more likely to involve more cars, more damage, and more severe injuries. These cases are complex due to the severity of the damages and the numerous parties who may be responsible.

Commonly, if the truck driver is at fault, the trucking company is held responsible. The trucking company may also be liable for unrealistic scheduling, poor maintenance checks on trucks, or other acts of negligence. Unfortunately, negotiating with these companies and their insurance providers can be incredibly difficult. These companies have significant resources and often do not want to pay you the compensation you deserve for your damages.

An attorney can help investigate an accident to determine who was at fault and negotiate with the company’s insurance on your behalf. An attorney understands the state and federal regulations for the trucking industry and how they may apply to your case.

Motorcycle Wrecks

Motorcyclists have the same right to the road as any driver. Due to their smaller size, low visibility, and the fact that many drivers do not respect their right to the road, motorcyclists are often involved in accidents.

Because of the limited protections for motorcycles, riders are at much higher risk of catastrophic or fatal injuries. Riders often suffer both the impact of the crash and the impact of being thrown from their vehicle, resulting in severe neck, back, and traumatic brain injuries if they survive. An attorney can help you recover after a motorcycle accident or determine how to hold an at-fault party responsible for the death of a loved one.

Slip and Falls

Slip and fall injuries can occur on public or private property due to hazards such as spills on the floor, slippery or wet floors, uneven flooring or sidewalks, cracks in flooring and pavement, loose wiring, dim lighting, and broken handrails. Depending on the distance of a fall and the surface you fall on, it can result in severe injuries like broken bones and traumatic brain injuries. Some slip and fall injuries can permanently disable you.

Slip and falls are a type of premises liability claim. Property owners are responsible for damages on their premises if they fail to address or warn of hazards in a reasonable amount of time. Restaurants, stores, other businesses, and homeowners can all be held liable. If you or a loved one was injured due to the failure of a premises owner, you may have a personal injury claim.

Wrongful Death

A wrongful death claim can be filed when the deceased would have been able to file a personal injury claim but died during the accident or from their injuries. Surviving families can file a claim when someone was at fault for their loved one’s death.

A wrongful death claim will never replace a loved one or make up for the immense pain and loss a family has suffered. Instead, it can give a family some respite during their grief and provide some financial certainty. This is especially necessary if the family member they lost was their main source of income. A claim can cover lost income, funeral costs, burial costs, and non-economic damages like loss of companionship.

A wrongful death claim can also hold the other party responsible for their actions and could prevent the same accident from happening again.

Apartment Fires

When landlords fail to maintain their premises, apartments can be at increased risk for fires from electrical malfunctions or other violations. Other tenants can also break codes that result in fires. Insufficient safety precautions can also worsen the damage and injuries caused by a fire. Injuries from fires can result in severe pain, disfigurement, scarring, and long-term illness and injury. Being injured in a fire often results in long-term psychological and emotional damage.

If you were injured in an apartment fire due to the negligent actions of a landlord or another tenant, an attorney can help you determine if you have a claim.

Nursing Home Abuse

Placing a loved one in a nursing home can be hard, but it is often necessary for their safety and well-being. When your loved one is taken care of at a nursing home, you expect they are treated with respect and compassion. Unfortunately, this is not always the case. Although many staff members and nurses at long-term care facilities care for residents well, others are negligent or even abusive.

Long-term care facilities must follow state and federal regulations for the care of residents. If you suspect your loved one is facing abuse or neglect in a nursing home, discuss the situation with a qualified attorney.

Negligent Security

Negligent security is another form of premises liability claim. Property owners are responsible for addressing hazards in a reasonable amount of time, and they are also responsible for protecting the property from reasonably foreseeable damages and harm. If a property owner fails to keep their property safe, they could be liable for violent crimes or theft that occurs as a result.

Negligent security may include broken CCTV or security cameras, improper lighting in outdoor areas, broken locks or doors, faulty window locks, untrained or no security personnel, or a lack of reasonable care when addressing hazards on the grounds or malfunctions in a security system.

If you suffered harm or other losses from a property owner’s failure, you may have a claim. An attorney with experience in negligent security claims will know how to properly investigate these difficult-to-prove cases.

Determining Fault and Negligence in Atlanta Personal Injury Claims

Some personal injury claims are based on criminal misconduct, intentional misconduct, or strict liability. In the majority of personal injury claims, fault is determined based on the legal theory of negligence. When someone is negligent, it means they were not operating with the reasonable level of care that was expected of them, and this led to the accident and injury.

In order to prove that someone is at fault through their negligence, you must prove the following:

1. Duty of Care: The other party owed you a duty to act with reasonable care.
2. Breach: The other party breached this duty of care through reckless or negligent actions.
3. Causation: This breach of duty was directly linked to the accident, incident, or injury.
4. Actual Damages: You suffered actual and recognizable damages, either economic or non-economic.

If all elements are proven, then you have the right to reclaim all damages from an accident.

What if You Are Partially at Fault for an Accident?

In any personal injury claim, multiple parties may claim that others are liable for the accident. Another party may claim you are at fault for the accident. Depending on the type of claim, either an insurance provider or the court may divide up fault between the parties. Even if you are determined to be partially at fault, you might still be eligible for damages.

Georgia operates under a modified comparative negligence law, which means that if you are found to be 49% or less responsible for the accident, you can still file a claim for damages. Unfortunately, being found partially responsible will lower the final settlement amount you obtain. If you are found to be 50% or more liable, you are not allowed to recover damages.

Although comparative negligence laws may not prevent you from recovering damages, they can impact the outcome of your claim, preventing you from fully financially recovering and holding the at-fault party responsible. An attorney can work to reduce or eliminate your percentage fault by investigating the accident and determining the truly at-fault parties.

Common Injuries in Personal Injury Claims

Physical injuries in personal injury claims can range in severity but still have a significant impact on your life. In addition to physical and emotional pain, these injuries can impact your financial stability and ability to earn income. Some injuries result in life-long disabilities that prevent you from ever returning to your field of work again.

Some common injuries in personal injury claims include:

• Traumatic brain injuries, including concussions
• Head and facial injuries
• Eye injuries and loss of sight
• Loss of hearing
• Broken and fractured bones
• Neck and spinal cord injuries, including whiplash
• Post-traumatic stress disorder (PTSD)
• Spinal injuries
• Lacerations
• Sprains and strains
• Illnesses, infection, and disease
• Fire and chemical burns
• Chemical exposure
• Disfigurement and scarring
• Amputations
• Paralysis

A personal injury claim can recover the losses from these injuries and help you get back on your feet. The requirements of a claim rely on the type of injury you suffered, its severity, and how much it affects your day-to-day life.

Why Do I Need an Atlanta Personal Injury Attorney?

Working with a personal injury attorney means your claim is more likely to succeed, helping you recover damages and hold the responsible party accountable. When you bring your case to an attorney, they can listen to your situation, help determine if you have a viable claim, and give you a clear and upfront explanation of the damages that may be available to you. A lawyer brings other benefits, including:

• Providing legal resources and knowledge. An attorney can thoroughly investigate your accident or the cause of your injury using their significant resources. An investigation can make clear who was at fault and could disprove the claims of the other party that you were to blame. An attorney’s knowledge of state, federal, and local laws in relation to your accident is also important. Certain personal injury cases may have exceptionally complex laws. An attorney can determine what is relevant to your claim.
• Defending your rights. When negotiating for a fair settlement, an insurance company is likely to attempt tactics that limit how much compensation you earn, even if you rightfully deserve it. An attorney has experience with adjusters and can prevent them from taking advantage of you by negotiating on your behalf.
• Determining your damages. An experienced attorney can accurately calculate the extent of your damages, maximizing the compensation possible for your unique claim while ensuring the amount is fair and reasonable.
• Representing you in court. If an insurance company is unwilling to negotiate or continues to provide settlements that will not cover your injuries, your attorney could take your case to court. Navigating litigation can be stressful, but an attorney can help advocate for a positive outcome.

One of the biggest benefits an attorney offers is the ability to limit your stress during this hard time. When you have been injured or have lost a loved one, the legal deadlines and filing requirements can be difficult to manage. You need to take the time to heal or grieve, and an attorney can give you that time while working to obtain compensation for you.

How Long Do I Have to File a Claim?

Civil personal injury claims have set time limits called statutes of limitations. If you do not file a claim within that timeline, you lose your ability to reclaim damages. Most personal injury claims must be filed within two years in Georgia. This two-year countdown begins from the date of the accident or from the date you knew or should have known the injury existed and was caused by another party.

It’s typically a wise idea to bring your case to an attorney as soon as possible. Otherwise, important evidence to prove your case may be lost.

What Is the Average Settlement in Atlanta Personal Injury Claims?

Every individual personal injury case will have its own unique settlement amount, which relies on the type and severity of the injury, other damages, and whether the filing party has any percentage fault in the accident. The amount also depends on the skills of the personal injury attorney working on the claim. Under the law, when you are harmed by someone’s negligence, you have a right to full compensation for resulting damages. These damages may include:

• Medical bills. These include past bills for hospital stays, surgeries, prescriptions, medical equipment, and other costs. It also includes ongoing and future costs that can be anticipated or expected for your injury.
• Lost wages. If you had to take temporary time off work to recover from your injury, the wages you would have typically earned during that time are compensable. Other work-related benefits like health care coverage or bonuses are also compensable.
• Lost earning potential. If your injury severely impacted your ability to do your job or you are disabled and unable to return to work again, the wages you would have earned in the future could be part of a settlement.
• Pain and suffering. These are non-economic damages, which do not have a direct economic value but are instead emotional and intangible damages that are given a monetary value. Other forms of non-economic damages include loss of quality of life, mental trauma, loss of intimacy with a spouse, disfigurement, and physical pain.
• Wrongful death damages. Several damages are available in a wrongful death claim, in addition to medical costs and lost income. These include loss of companionship, loss of consortium, funeral costs, and burial costs.
• Any other relevant damages. This includes anything that directly resulted from the accident, such as property damage or the need for in-house services due to injury or disability.

In some personal injury claims, you may be awarded punitive damages. This is only in situations when an at-fault party acted with willful misconduct or malice. Punitive damages are different from compensatory damages like non-economic and economic damages; rather than compensating an injured party for a loss, punitive damages exist solely to punish the at-fault party for their wrongdoing.

In order to maximize the damages in a claim, there must be a clear understanding of the damages available. An attorney who has managed cases like yours may be aware of damages that you didn’t know you could claim, increasing the compensation available. By entering negotiations with a clear picture of what your claim is worth, you are less likely to agree to a settlement that fails to cover all of your costs.

Begin Your Path to Resolution at Nichols Injury Law

A personal injury claim can give you the closure you need, as well as the ability to recover from your injuries and financial losses. At Nichols Injury Law, we are dedicated to upholding the rights of those in our community. Contact our team today to see how we can help you find a resolution after a personal injury.