The George McCranie Law Firm
If you have suffered injury because of the negligence of someone else, you deserve compensation for your medical bills, lost wages, and other damages. But depending on the type of claim and severity of your injuries, the laws involved can be complex. You need a personal injury attorney who can help guide you through the claims process, as well as deal with insurance companies who refuse to settle for a reasonable amount.
The George McCranie Law Firm offers compassionate and aggressive legal representation for victims of accidents. To learn more about our services, contact us today.
Types of Personal Injury Cases We Handle
Personal injury lawsuits are filed under a theory of negligence. In some cases, a plaintiff can allege that a defendant negligently injured them and file a personal injury lawsuit. When you are injured, you are allowed to sue the at-fault party and recover damages for your injuries. We can help you in the following types of cases:
If you are injured by a reckless or negligent driver in Georgia, you will file a claim on their auto insurance policy. Their insurance company will analyze your claim, decide whether or not they will accept fault and if they do, offer you an insulting settlement. When your injuries are severe and you require medical intervention, will miss time from work, and have bills piling up at home, you don’t have time to play games with the insurance company. The George McCranie Law Firm will ensure that you get a fair settlement from the insurance company that compensates you for all your injuries.
In accident lawsuits, motorcyclists often take the brunt of the injuries in an accident and then get blamed for causing the accident. Regardless of what the police report says, the George McCranie Law Firm will thoroughly investigate your claim, interview witnesses, and analyze the accident debris. No matter what the police report says, if the evidence shows otherwise, that’s what we will focus on and ensure you get compensation for your injuries.
Workers’ Compensation Claims
Your employer purchases immunity from negligence lawsuits by offering workers’ compensation insurance to those injured on the job. Unfortunately, once the claim is turned over to their insurance company, injured employees end up with claims that are denied or the process stalled while the insurance company sends countless requests for more information. The George McCranie Law Firm can streamline the process and help settle your claim sooner rather than later.
What Damages Can I Recover in a Personal Injury Lawsuit?
Damages can be broken down into two types: Economic and non-economic damages.
Economic damages are related to any expenses that you paid out due to the injury you suffered. In other words, economic damages are monetary losses. These include:
- Missed time from work,
- Medical expenses, or
- Any out-of-pocket cost related to your injury.
While economic damages are easy to quantify and have a specific number ascribed to them non-economic damages are much more difficult to quantify. These include:
- Pain and suffering,
- Emotional anguish,
- Humiliation / damage to reputation,
- Loss of:
- Emotional support, and
Some of these are only applicable to certain plaintiffs. For instance, loss of consortium refers to a loss of sexual relations which is, for good reason, restricted to spouses. Loss of enjoyment, on the other hand, may relate to some activity that you once enjoyed that you no longer can enjoy because of your injuries. For instance, if you were an avid tennis player and a leg injury prevents you from competing. Loss of society can refer to the loss of companionship one experiences when they are left disfigured. Pain and suffering refers to physical, emotional, or psychological pain that results from your injuries.
What Is the Statute of Limitations in Georgia?
Each state has state-specific laws governing personal injury lawsuits. These laws govern how much time an individual has to file a personal injury lawsuit and the standard of proof they must establish in order to recover damages on their claim.
In Georgia, the statute of limitations on a personal injury lawsuit is two years. That means that you have two years from the date of the accident or the date your injury is discovered to file your lawsuit or you lose the chance to do so forever.
In Georgia, the statute of limitations to file a lawsuit for property damage is 4 years. That means you have 4 years from the date of the accident to file your lawsuit for the damage done to your vehicle or other property.
What You Need to Prove Negligence in a Personal Injury Claim
Negligence claims involve an allegation that an individual either by some act or by omission, failed in their duty to make a conscious effort to be careful and this lapse resulted in injuries to a plaintiff. In other words, there is a three-factor test to prove negligence. The plaintiff must establish that:
- Defendant owed a duty of care to the plaintiff;
- Defendant failed that duty of care;
- Plaintiff’s injuries resulted from that failure.
In many cases, the “duty of care” can be safely assumed. For instance, anyone who is driving a motor vehicle has a duty of care to yield the right of way and obey the rules of the road. A shopkeeper has a duty of care to ensure that their premises are safe for their customers.
Contributory Negligence in Georgia
Georgia is a contributory negligence state. In Georgia, you are barred from recovering damages if the defendant successfully argues that you are 50% responsible for an accident or more. In other words, the defendant’s negligence must exceed yours. On top of that, your damages are reduced by the amount of your own fault.
As an example, let’s say you are 10% responsible for an accident and the defendant is 90% responsible for an accident. You are awarded $10,000 for damages. The defendant would only be responsible for paying 90% of the $10,000 or $9,000.
An Injury Lawyer Can Help You Deal With Insurance Companies
The most common defense in a personal injury lawsuit is to blame you in whole or in part for the accident. Since the majority of these claims are made against insurance policies, you will be dealing with insurance adjusters. The insurance adjusters will do whatever is in their power to devalue your claim. They represent the interests of the defendant. On your side, you have your personal injury attorney who tries to maximize the value of your claim.
The George McCranie Law Firm represents individuals who have been seriously injured in an accident and are dedicated to helping our clients recover both physically and financially. We will fight tenaciously to ensure you get the compensation that you’re rightfully owed under the law. Contact us today to learn more about how we can help.