When people suffer injuries in some type of accident – whether from a car crash, medical malpractice, a defective product, or any other form of negligence – the victims want answers to two questions:
- How much their case is worth
- How much a lawyer will cost them
The compensation you could recover in a personal injury claim insurance settlement or jury verdict depends on the type and severity of your injuries. As for cost, our Savannah personal injury lawyers work on contingency, meaning you pay us only when and if we recover damages on your behalf.
How Much Compensation Could You Get for Your Chatham County Personal Injury?
The point of personal injury law – or tort law – is to provide people with a legal remedy for all the losses they experience (and could later experience) after suffering an injury caused by another person’s negligence.
Injuries resulting from motor vehicle collisions, slip and fall accidents, medical malpractice, defective products, and other forms of negligence run the gamut from minimal and temporary to severe and life-altering. Some injuries are fatal. The economic and non-economic costs to victims vary accordingly.
Our personal injury lawyers will determine all the ways in which your injuries are costing you—and will continue to cost you down the road. We will hold any negligent parties accountable for your financial losses and resulting financial recovery. The compensation you receive for these losses are called “damages.”
For a free legal consultation with a personal injury lawyer serving Savannah, call 404-214-2001
Types of Compensatory Damages
Georgia law classifies the compensatory damages in a personal injury case as either general or special.
Special Damages You Could Be Awarded
Special damages are sometimes called “economic” damages. They comprise the tangible losses you incur as the result of your injury. Examples of special damages that a Savannah jury could award you in a personal injury lawsuit include:
- Medical bills
- Physical therapy expenses
- Prescription medications
- Loss of income
- Diminished future potential earnings
- Home modifications
- Mobility devices
- Replacement services (lawn maintenance, childcare, etc.)
- Emergency transportation
- Hospitalization costs
Any injury-related loss or expense that carries a quantifiable, monetary amount could be compensated via special damages.
General Damages You Could Recover
If you sustained any type of injury in an accident, you also have suffered non-economic or intangible losses. You can recover these general damages in a settlement or court award. Examples of these non-economic damages include:
- Medical expenses
- Pain and suffering
- Emotional distress
- Mental anguish
- Physical impairment
- Physical disfigurement
- Loss of consortium (companionship)
- Diminished quality of life
These types of damages are subjective in nature. The general damages a jury could award you depends largely on the severity of your injury, the jury’s compassion, and our lawyer’s abilities to present your losses in a compelling manner.
Wrongful Death Damages
If an act of negligence caused your loved one to suffer fatal injuries, you could pursue a wrongful death action. These damages are intended to compensate surviving family members and loved ones for their losses. Examples of wrongful death damages include:
- Burial expenses or cremation costs
- Funeral expenses
- Loss of the decedent’s financial contributions
- Survivors’ emotional distress
- Loss of the decedent’s services
- Loss of consortium/companionship
It can be difficult to devote your attention to this type of legal matter when you are still grieving the loss of a loved one. However, their passing will affect you economically, and it is important that you account for these consequences.
Our wrongful death lawyers can take this burden off your shoulders and pursue a wrongful death action on your behalf, enabling you to recover from your loss while still tending to your financial needs.
Savannah Personal Injury Lawyer Near Me 404-214-2001
Our Multiple Decades of Personal Injury Law Experience Bring Results
Our personal injury law firm has won millions of dollars for our clients who have suffered injury from another person’s negligence. Examples of some of our wins include:
- $11,000,000: For a client who suffered injury in a car accident
- $5,750,000: For a client who experienced an accident caused by a roadway defect
- $4,325,000: For a client who suffered from a driving under the influence (DUI) accident
- $2,772,532: For a client who was injured in a bar fight
- $900,000: For a client injured in a car accident
- $700,000: For a client who suffered a dog attack
Our attorneys will devote themselves to getting you the best possible outcome for your personal injury.
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What We Do When You Hire Us to Represent You
When you hire our personal injury attorney to handle your personal injury case, we handle the matter from start to finish.
We Uncover the Facts That Prove Negligence
After we have talked to you about your version of the events that caused your injury, we will begin building your case by gathering the evidence that proves another party’s negligence caused your injury.
Toward this end, we will:
- Collect evidence from the scene of your accident
- Interview witnesses
- Obtain the police/accident report
- Gather all your injury-related medical records
- Collaborate with medical experts
- Analyze videos from traffic lights or surveillance cameras
- Review photos
- Retain the help of accident reconstruction specialists, where relevant
We Use These Facts to Establish Liability
Once we have identified the at-fault party and gathered evidence documenting their negligence, our lawyers will present this information in a manner that meets the four criteria for establishing liability. To obtain compensation for your injury, we must prove each of the following elements to be true:
- Duty of care: The defendant had a duty to act in a reasonable manner that would prevent causing injury to another individual.
- Breach of duty: Through either their actions or their lack of action, the defendant failed to fulfill their duty of care. A reasonable person in the same scenario as the defendant would have acted differently.
- Causation: The defendant’s breach of duty caused you to sustain an injury.
- Damages: Your injury caused you to suffer economic and non-economic losses.
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Do You Need to Hire Legal Representation?
It is not uncommon for a liable party’s insurance company to reach out to the victim soon after an accident. This is a confusing time for a person who has endured the trauma of an accident and now suffers through the pain of their injury.
Our law firm will accept your case on a contingency fee basis, meaning we will cover all the upfront costs related to investigating your case and filing your insurance claim or lawsuit. Our contingency fee agreement means you can start fighting for compensation right away. It also means you will owe us no legal or attorney’s fees at all if you do not recover compensation.
You can protect your rights to fair compensation by having one of our lawyers by your side—someone who knows the law and will represent your best interests.
Watch What You Say to the Insurance Company
Be careful about what you say to the insurance company without legal counsel.
When an insurer calls, you must keep in mind that no matter how sympathetic and sincere the agent might sound, their only interest is in preserving the company’s bottom line. Whatever you say in response to questions like, “How are you feeling?” can and will be used against you in your effort to recover damages.
You should also avoid posting photos or remarks about the accident on social media outlets. Do not accept unknown friend requests or respond to questions about the accident.
Our attorneys know what to say and how to say it. We will handle all communications with the insurance company to protect your right to compensation.
Be Wary of Settlement Offers
Think twice about signing anything from the insurance company without legal counsel.
If the insurance company offers you a settlement, you can count on one thing: the amount they are offering does not represent the true value of your case. The insurer knows this, but they are counting on your ignorance and desperation for a quick and cheap settlement.
Our legal team understands the strategies and tactics that insurance companies use when it comes to settlement offers. We will negotiate with the insurer in your case to ensure they do not undervalue your damages. If the insurance company refuses to agree to a reasonable settlement, we will stop negotiations with the insurance company, file a lawsuit, and represent you in a civil court.
How Affordable Is It to Hire Our Personal Injury Lawyers?
Our personal injury attorney works on a contingency basis. This means that we build your case, present your demand letter to the negligent party’s insurance company, negotiate a settlement, and, if necessary, file a lawsuit and litigate on your behalf in court. You pay us no legal fees unless and until we win you an insurance settlement or court award. At that time, we take a percentage of the total amount we recovered on your behalf.
Furthermore, we offer you a free consultation wherein you tell us about your case, and we inform you of your legal options.
All things considered, hiring us to represent you in this personal injury matter is affordable and sensible, considering how much is at stake.
Georgia’s Statutes of Limitations Can Affect Your Case
Georgia law establishes time restrictions for filing a personal injury lawsuit. According to O.C.G.A § 9-3-33, you have two years from the date of the incident that caused your injury in which to take legal action.
Furthermore, as per O.C.G.A. § 36-33-5, if you are suing the City of Savannah or some other government agency, you must first notify the government body of your intent to pursue this legal action. You must file this notice within six months of the date of your injury.
- Failure to file your lawsuit on time could result in:
- The inability to file your personal injury or wrongful death lawsuit at all
- Having your lawsuit dismissed without its merits being heard
- Loss of any further legal recourse that compels the at-fault party to compensate you
When we handle your case, we will manage all the critical operations. Our lawyers make sure you do not lose your eligibility to file a lawsuit because you missed a deadline.
Liable Parties in a Personal Injury Lawsuit
Personal injury lawsuits rest on the fact that another person or party (like a corporate entity) acted negligently and thereby caused you to sustain an injury. Common liable parties vary from one type of personal injury case to another.
In the case of a slip and fall, for example, the property owner is usually liable based on their failure to maintain a safe property or to warn visitors of hazards. In the case of a car accident, the other driver is often liable. However, if the other driver lost control of their car because of faulty tires, then the tire manufacturers and/or car manufacturer could be liable.
If an 18-wheeler crashed into you because the driver fell asleep, you could hold the trucking company liable, particularly if our investigation shows that the company pressured the driver to exceed driving hours as mandated by the Federal Motor Carrier Safety Administration (FMCSA). If the driver lost control of their rig because of improperly loaded cargo, then the entity that loaded the truck could be liable.
Georgia’s Contributory Negligence Law Affects Liability
Georgia’s fault laws acknowledge the fact that in some cases, one person might start an accident, but another individual might contribute to the accident or do something to worsen their injuries from the accident.
O.C.G.A. § 51-111-7 and § 51-12-33 establish that the “50% rule” of contributory negligence applies to personal injury cases in Savannah. According to this rule, the party you sue for damages after a personal injury could raise a defense arguing that you contributed to your injuries.
The court will weigh the evidence presented by both the plaintiff and the defendant. If the court were to decide that you were at least 50 percent at fault for your injuries, you would be ineligible to recover damages. If the court were to decide that you were less than 50 percent at fault, you could still recover damages. However, the damages would be reduced by the percentage you were determined to be at fault.
Common Types of Personal Injury Cases We Handle
Our law firm handles any type of case in which an individual sustains an injury because of another person’s negligence. This includes:
- Automobile Accidents
- Motorcycle Accidents
- Property Damage and Diminished Value Claims
- Wrongful Death
- Dog Bites
- Premises Liability
- Golf Cart Accidents
- ATV Accidents
- Boating Accidents
- Train Accidents
- Product Liability
- Workers Compensation
Steps You Can Take to Help Your Case Succeed
Our lawyers will handle your personal injury case from start to finish. We will put our decades of experience to work in getting you the compensation you seek for your injury.
You can also play a role in the success of your case. Consider taking the following steps after your accident. Doing so will help our legal team build your case, protect your rights, and see that justice is served.
- Continue with any medical treatment, following your physician’s instructions.
- Refrain from telling anyone you were at fault or speaking to anyone other than your lawyer about the accident.
- Keep an ongoing journal of your symptoms, pain levels, and all the ways in which your injury has presented obstacles in your life or prevented you from enjoying your life as you once did.
- Provide us with any photos or documentation from your accident or related to your injury.
Outline of a Typical Personal Injury Lawsuit
The very first thing that should happen after your accident is that you meet with a medical provider. A physician will not only begin treating your injury and possibly prevent its worsening but also will document your injury/diagnosis, linking it to the accident. This will help prove causation.
Now that you have established an injury and decided to pursue compensation via a personal injury claim or lawsuit, your case will evolve over the course of the following steps.
Contacting Our Law Firm
We will listen to your account of the accident and inform you of your legal options.
Building the Case
Once you have hired our firm, we will launch into researching and investigating your case from every angle. By the end of this process, we will have the evidence to prove negligence, establish liability, and quantify your losses.
Negotiating a Settlement
Our legal team will send a demand letter to the insurer of the at-fault party. Quite likely, the insurance company will come back with a counteroffer, and the negotiations begin. It is not uncommon for the negotiating process to end during this stage, with the insurance company making a reasonable settlement offer.
Filing a Lawsuit
In some cases, the insurance company rejects claims for damages or continues to lowball the settlement. If our lawyers feel the process has reached an impasse, we will file a lawsuit and set our sights on civil court for resolution of your damages. We will explain each part of the court process and what you can expect.
Before the trial begins, both sides of the case meet to exchange documentation and evidence. It is fairly common for defense attorneys to propose a settlement at this stage to avoid the uncertainty and cost of a trial.
If the case moves forward to trial, our lawyers will represent your best interests in court. We will call witnesses and present other evidence that tells the story of how the defendant’s negligence caused your injury and your losses.
Unlike many settlement mill law firms, we do not shy away from trial. If getting justice requires that we litigate in a courtroom, that is where we go.
Our Savannah Personal Injury Lawyers Are Here to Help You Get Justice
The financial losses that an accident triggers can be overwhelming. It is understandable that the thought of fighting an insurance company or large corporation can be equally daunting for personal injury victims.
Let our firm relieve you of these burdens. We will do all the heavy lifting when it comes to finding the evidence to prove your case of personal injury. We will handle the insurance companies and the defendant’s lawyers. We will fight to get you the monetary compensation you deserve.
Call Kaine Law today at (404) 214-2001 for a free initial consultation.