Frequently Asked Questions

There are various fields of law, and not every lawyer handles them all. If you have been injured due to another party’s negligence, your best bet is to seek legal guidance from a personal injury lawyer.

At Kaine Law, we work on a contingency fee basis. A contingency fee means that our personal injury clients do not pay us any money up front. Instead, our personal injury clients simply sign our contingency fee agreement to hire us, and we receive payment if we obtain a settlement or court verdict on their behalf.
Our attorney’s fees are typically a percentage of the amount obtained from the settlement or verdict, and we cover case expenses. If there is no settlement or recovery, our clients do not pay us at all.

Historically, one of the most frequent complaints made against lawyers is lack of communication with their clients. At Kaine Law, we not only fight for our personal injury clients’ rights, but we also keep our clients informed about the status of their cases. In fact, we strive to contact our clients proactively every 2 to 3 weeks.

We ensure our clients know the current status of their case and have open lines of communication with our attorneys, even providing them with their attorney’s cell phone number.

Hiring an accident attorney to represent you is an important decision and should not be taken lightly. When determining which attorney to hire to handle your case, do your homework.

Far too often we have seen people who have suffered personal injuries and not gotten the proper legal assistance they deserve. We encourage you to speak with us about your legal rights, ask questions about us and your case, and read reviews, the good and the bad.

Before you sign a release, agree to a personal injury settlement, or even accept a check from an insurance company, speak with our law firm.

Many people who sustain injuries in accidents do not take legal action because they are afraid it may cost them a lot of money to hire an attorney. This is not true. In fact, at Kaine Law, we operate on a contingency fee basis. This means that you only pay us if you collect a settlement.

You are not required to hire attorneys if you are in an accident in Georgia. However, doing so can protect your rights and claim. If the defendant has his or her own counsel, you should at the very least speak with a lawyer about your case. They may be able to counter any attempts to devalue or deny your claim.

Additionally, the law can be complicated. A lawyer can explain the claims process to you in an easy-to-understand manner.

An attorney can provide several services to protect your rights to fair compensation. They have the resources to gather evidence, file a claim, and prepare your case for a trial. However, ultimately, whether you receive compensation depends on the extent of your injuries and whether you are able to prove that the defendant is liable.

Finding the right attorney can feel overwhelming, especially while you’re also recovering from an injury. Before you hire anyone, it helps to walk in prepared. Here are the key questions worth asking as you compare your options.

Their Background

• Ask about their education and experience handling cases like yours
• Ask about their track record with similar cases
• Notice whether they’re as open with you as you are with them

A lawyer who answers these questions clearly, without dodging, is a good sign.

Their Strategy

• Ask what their game plan is for a case like yours
• Ask about the likely timeline and possible outcomes
• Ask whether settlement, mediation, or arbitration is likely, and what challenges your case might face

A confident attorney walks you through their thinking instead of giving vague answers.

The Money

• Ask who will actually handle your case: the attorney, a paralegal, or both
• Ask how the firm charges: hourly, flat fee, or contingency
• Ask whether there’s any way to lower your total costs

These answers tell you exactly what you’re paying for and who’s doing the work.

These questions apply no matter who you hire. We focus only on personal injury cases, and we’re glad to walk you through every one of them, including how our fees work. You won’t owe us anything unless we win your case.

Many people believe that they are entitled to compensation if they are hurt in an accident, regardless of the severity of their injuries or who caused the accident. This is not the case. Each case is different. Talking to an attorney is the best way to understand whether there are grounds for compensation.

The monetary compensation you may obtain for your personal injury case depends upon many factors, including:

•  The type of injury you suffered
• The severity of your injury
• Any preexisting injuries
• Your present and future medical bills
• The pain and suffering caused by your injury
• Your loss of income due to the injury
• Your ability to proceed with your life as you did prior to the injury
• The insurance coverage available

These are just a few. An attorney can guide you through the complexity of these factors.

It depends on the law applicable to your case. For instance, in a motor vehicle accident scenario, you must be able to prove that another person’s negligence, their failure to exercise ordinary care, caused your injury.

A personal injury attorney in Atlanta can advise you of the law and whether, under the facts applicable to your case, you have a claim against another for your injuries.

An accident lawyer can give you an honest assessment of your case. At Kaine Law, we can review your case, investigate the circumstances and point out any strengths or weaknesses.

Georgia follows a modified contributory negligence rule. According to O.C.G.A. § 51-12-33, if you are 49 percent or less to blame for your injuries, you can still recover compensation, although your compensation is reduced in proportion to the amount of your fault.

If your fault level reaches 50 percent, however, you cannot recover any damages.

If you believe that you may be partially at fault for your accident, it is important that you discuss the matter with our attorneys for more details.

In injury cases, statutes of limitations limit how long you have to take legal action following an accident. In Georgia, the statute of limitations for personal injury actions is typically two years. You must initiate a claim and possibly file a lawsuit against the party who caused you harm within two years of your injury. Failure to do so could permanently bar you from taking legal action.

Immediately after your accident, you should contact a lawyer. While according to the statute of limitations you have two years from the time of your injury to take action, delaying will only cause you and other witnesses to forget important details about your case.

Every injury case is different. Depending on the circumstances of your case, you may be able to avoid court altogether. The majority of personal injury case victims collect settlements.

Often, the nature and extent of your injuries are not clear until sometime after the accident. An adjuster will try to encourage you to quickly settle based on a “formula.” Do not be misled. Do not settle your case with an insurance adjuster until you have sought the advice of counsel.

An attorney can investigate your accident and determine the full range of damages you may be entitled to receive.

No. An insurance company will only settle if they can dispose of your entire claim.

Any time you are in an accident, never sign or settle anything without speaking to a lawyer first. Insurance companies may offer you a low-ball settlement to resolve your case quickly and save money. An injury attorney can review your case and help you obtain a fair settlement.

Car accidents can leave the most level-headed motorists shocked, stunned and more than a little shaken. If you have been involved in an auto accident, stay calm and try to do the following:

• Call 911 and report the accident to the local authorities who have jurisdiction
• Check yourself and your passengers for injuries
• Move your vehicles out of traffic to avoid further harm
• As soon as possible, see a doctor for a full examination
• Follow all your doctor’s instructions and do not miss appointments
• If possible, collect contact and insurance information from the other driver
• If witnesses were present, ask them for their contact information
• Take photos and videos of the vehicles, the accident scene, and any other things that may have contributed to the accident
• Take notes of things you remember before and after the accident

Additionally, you should avoid speculating or assigning fault. When speaking with the police or insurers, don’t make assumptions. Stick with what you know, and don’t post online.

Then, speak with a car accident attorney about your case.

The Teenage and Adult Driver Responsibility Act, known as TADRA, was created to reduce crashes among new drivers. The law walks young drivers through three stages of licensing. TADRA mainly targets drivers between ages 15 to 18, but it also affects drivers over 21 through its rules on driving under the influence (DUI).

Step One: Learning to Drive With an Instructional Permit

Georgia issues an Instructional Permit, or Class CP, to anyone at least 15 years old who passes the written knowledge exam. A permit holder cannot drive alone. State law requires a licensed adult, at least 21 years old, to sit in the passenger seat and stay ready to take control if needed. This supervised period builds the foundation for safe, independent driving later on.

Step Two: Driving Independently Under a Provisional License

At 16 or 17, a teen can move up to a Provisional License, or Class D, after holding the permit for 12 months and one day. The teen must also complete a state-approved driver’s education course under Joshua’s Law (O.C.G.A. § 40-5-22), log 40 hours of supervised driving with at least six hours at night, and pass a road skills test. From there, strict rules govern how and when a Class D holder can drive (O.C.G.A. § 40-5-24):

• No driving between 12:00 a.m. and 5:00 a.m., with no exceptions
• Only immediate family members may ride along during the first six months
• One passenger outside the immediate family, under age 21, is allowed during the second six months
• After the first year, up to three passengers under 21 who aren’t immediate family are allowed

Breaking these restrictions can lead to license suspension and puts everyone in the vehicle at greater risk.

Step Three: Earning a Full License

Once a driver turns 18 and has held a Class D license without a major violation for the past 12 months, Georgia grants a full Class C license. A teen convicted of certain serious offenses in that window cannot move up to full driving privileges:

• Driving under the influence (DUI)
• Fleeing or attempting to elude a police officer
• Reckless driving
• Hit and run or leaving the scene of a crash
• Racing on a highway or street
• Any violation that adds four or more points to the license

Any one of these convictions can reset the clock on a young driver’s path to full licensure.

Are there any forms I should complete for my car accident case?

If you are seeking legal assistance, we have provided some forms that can aid us in your case:

• Accident Report Form
• Georgia Advance Directive for Health Care
• Authorization for Release of Protected Health Information (HIPAA Medical Authorization)
• Personal Injury Questionnaire
• Wage & Salary Verification

In Georgia, it depends on where the accident occurred. You can obtain a report in at least two ways:

• You can show up at the police station in person and pay the copying cost
• The Georgia Department of Transportation (GDOT) has partnered with BuyCrash to allow motorists to obtain copies of their police reports directly off the Internet

The fee for this Internet service is $10.00. Half of the fee goes to the law enforcement agency that made the report, and the other half supports the online service. This online resource has made the process of obtaining copies of police reports substantially easier for drivers involved in an auto accident in Georgia.

No matter how minor the collision appears to be, it is still in your best interests to file a police report. While the physical damage to your car and property may not be significant, in time, you may notice physical injuries resulting from the crash.

You should always be honest with the police. Never lie to them when you are filing a report. You should also avoid speculating about what happened. And do not blame yourself. Tell them only what you know.

Not only can misstatements delay the insurance claim process, but they can cause legal problems for you as well.

After you receive a copy of your car accident report, you should have the contact information of the police officer who filed the report. This is important because the police may remember specific details about the accident that can help your legal case later.

Georgia holds motorcyclists to several specific statutes, and knowing them matters for more than just avoiding a ticket. A violation can come back to hurt you if you’re ever in a crash. Here’s what carries the most legal weight on the road:

• Universal helmet law: Every rider and passenger must wear a DOT-approved helmet, no matter their age (O.C.G.A. § 40-6-315)
• Eye protection: If your motorcycle has no windshield, you must wear approved goggles, glasses, or a face shield
• No lane splitting: Georgia law entitles every motorcycle to full use of its lane, so weaving between cars or rows of stopped traffic is illegal (O.C.G.A. § 40-6-312)
• Lane sharing is different: Two motorcycles may legally ride side by side within the same lane
• Daytime headlights: Your headlight must stay on at all times, even in broad daylight (O.C.G.A. § 40-8-22)
• Passenger rules: A passenger may only ride if the motorcycle has a proper second seat and footrests built for two

If you were lane splitting or riding without a helmet when a crash happened, the other side may point to that violation to reduce what you can recover under Georgia’s contributory negligence rules. Our motorcycle accident attorneys can protect you against overzealous insurers that attempt to devalue your claim.

Yes. Not wearing a helmet doesn’t stop you from filing a claim against the driver who caused the crash. It may reduce your compensation for head or facial injuries specifically, under Georgia’s contributory negligence rules, but it doesn’t change who’s at fault for the collision itself.

“I didn’t see them” isn’t a legal defense. Drivers have a duty to watch for motorcycles just as they would any other vehicle, and failing to notice one doesn’t excuse a turn, lane change, or collision that results from it.

The concept of a vehicle black box, also known as an event data recorder (EDR), is sometimes likened to that of an airplane black box. However, EDRs only save data pre- and post-accident when triggered, such as vehicle speed and whether the brakes were hit.

Liability can extend beyond the driver to such parties as:

• The trucking company
• The cargo loader
• A maintenance contractor
• A manufacturer
• A municipality

With multiple parties involved, each with their own insurance company protecting their interests, our truck accident lawyers will identify every responsible party for what you can recover.

Often, evidence in a truck accident claim, like black box and hours-of-service logs, is in the possession of possible liable parties. In some instances, electronic data can be overwritten or purged in as little as 14 to 30 days if no one steps in. Once that data is gone, it’s much harder to prove what really happened.

Yes. Georgia law doesn’t require a prior bite to hold an owner responsible. If the owner should have known the dog was dangerous, or the dog was loose in violation of a local leash law, you may still have a claim under O.C.G.A. § 51-2-7.

Most dog bite claims are paid through the dog owner’s homeowners or renters insurance, since those policies typically include liability coverage for injuries the pet causes. If the owner has no insurance, your own health insurance or MedPay coverage may cover your bills up front, with reimbursement coming once your claim settles.

No. Georgia law lets an owner avoid liability if you provoked the dog, and any shared fault on your part can reduce what you recover under Georgia’s contributory negligence rules. We look closely at what happened right before the bite, since owners and their insurers often argue provocation to avoid paying a claim.

A property owner is responsible if they knew, or should have known, about a hazard and failed to fix it or warn you (O.C.G.A. § 51-3-1). You also have to show you were using ordinary care for your own safety and didn’t simply overlook an obvious danger.

Yes, but it’s not automatically disqualifying. Insurers often argue a hazard was so obvious you should have avoided it, but Georgia courts typically leave that question for a jury to decide rather than dismissing the claim outright.

Yes. Your legal status on the property could determine what duty of care the owner owed you. Shoppers and paying customers get the highest protection, since owners must exercise ordinary care to keep those areas safe.