Located just 12 miles from downtown Atlanta, Stone Mountain Village is a quaint community nestled into a granite outcropping. Dating back to 1812, it boasts turn-of-the-century architecture and lively entertainment, including charming restaurants and shops. To spice up your fall, every Saturday from September 25 this year to October 23, Stone Mountain Village is hosting its annual Oktoberfest, and you’re not only invited but are also not going to want to miss it.

 

The Lineup

For your enjoyment, this year’s Oktoberfest features all the following (and more):

• Brats, pretzels, and other delicious German offerings
• Bier gardens 
• Giant Jenga and other games for the whole family
• Historic hayrides 
• Art happenings 
• Live German music and lively folk dancers

Along with all the festivities, Stone Mountain Oktoberfest boasts free admission and free parking.

 

Staying Safe Out There

With all the fun and good times, there are safety concerns to keep in mind. 

Drunk Drivers

While motorists are well aware that drinking and driving is immensely dangerous, there is something about a bier garden and festival atmosphere that can do a number on revelers’ common sense. The fact is that impaired drivers are some of the most dangerous out there, and when you combine this risk factor with throngs of people, it can spell real trouble. Consider the following statistics shared by the National Highway Traffic Safety Administration (NHTSA):

• In the United States, a life is lost to drunk driving every 45 minutes, which translates to 32 people every day. 
• In 2020 alone, there were 11,654 alcohol-related traffic fatalities.
• 2020 saw a 14 percent increase in alcohol-related traffic deaths over 2019. 

Other Forms of Driver Negligence

Oktoberfest is closely associated with bier that flows like water, but drunk drivers aren’t the only driving concern. When there is a lot going on, such as at a festival, there are plenty of distractions, and distracted driving is dangerous driving. NHTSA reports that, in 2020 alone, 3,142 people lost their lives to distracted motorists. 

There are other dangerous forms of driver negligence to consider when it comes to the Stone Mountain Oktoberfest, including:

• When large numbers of people flood a small area in bursts, it can create some dicey driving situations, and it’s not unusual to see aggression come out behind the wheel. Aggressive drivers take dangerous driving to new heights. 
• Spending the day eating, drinking, and being merry can be exhausting, which increases the chance that you will encounter drowsy drivers.
• When you add all the elements of a festival together and factor in that a large percentage of the guests are not familiar with the area, some erratic – and, therefore, dangerous – driving can be expected. 

Inadequate Security

People flock to celebrations like Octoberfest, and where people congregate, there tend to be more opportunities for the criminal element to make their move. When festival security is inadequate, it can lead to significant losses and challenging scenarios. 

Slip and Falls Accidents

Stone Mountain Village expands considerably – in terms of number of people – during Oktoberfest, and keeping up with safety concerns, such as slipping and tripping hazards, may not receive the attention it should. Sometimes, these dangerous accidents are caused by poorly maintained walkways, entrances, and sidewalks, but at other times, they are a matter of factors such as the following:

• Spills that are left unattended
• Walkways made slippery by moisture and debris 
• Crowded walkways
• Walkways with encroaching hazards, such as displays and attractions that spill over onto them
• Inadequate lighting

The dangers associated with slip and fall accidents are all too real. Consider the following statistics reported by the National Floor Safety Institute:

• Falls are the leading cause of emergency room visits in the United States, and slip and fall accidents account for a full 12 percent of such visits, which number over 8 million.
• More than 2 million fall accidents that cause injuries directly involve floors and flooring.
• 22 percent of slip and fall accidents lead to time off the job that exceeds 31 days. 

Slip and fall accidents are a real concern at festivals like Stone Mountain Oktoberfest.

 

Reach Out to an Experienced Atlanta Personal Injury Attorney for the Help You Need Today

Stone Mountain Oktoberfest has something fun and exciting for everyone, but if you’re injured by someone else’s negligence during the course of your excursion, it’s a very different matter. The skilled Atlanta personal injury attorneys at Spaulding Injury Law focus their impressive practice on helping injured clients like you obtain the compensation necessary to fully recover for their physical, financial, and emotional losses, and we’re here for you, too. 

Case evaluations are always free with no obligation, so you have nothing to lose by learning about your legal rights. We are on your side, so please don’t hesitate to contact or call us at 770-744-0890 for more information today

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More people, more distractions, and more technology predictably mean more accidents, injuries, and injury victims. Everyone’s likelihood of suffering a personal injury is increasing, and sometime in the future, you may have a reason to retain a personal injury attorney.

What are the “personal” injuries that trigger lawsuits? Will you need to hire a lawyer to seek compensation for you if you are injured by someone who was negligent? If you’ll keep reading, you will learn the answers to those questions – and more about the rights of the injured.

What Kinds of Injuries Can Generate Personal Injury Lawsuits?

Injuries arising from traffic accidents generate perhaps the largest number of personal injury cases, but anyone can be injured on a boat, a bus, a plane, a train, or by a negligent driver while you’re merely walking down the sidewalk.

Slip- or trip-and-fall injuries also generate plenty of personal injury claims. If you slip, fall, and you’re injured at a theater, restaurant, hotel, or anywhere on private property, and a property owner’s or manager’s negligence is the reason you were injured, you may have a claim.

You often see product liability cases in the news. You’ll probably need a personal injury lawyer if you are injured using a defectively designed consumer item – anything from a kitchen utensil to a prescription drug. Big corporations – no surprise here – are difficult to prevail against.

Personal injury claims can also be pursued by the injured victims of dog bites, swimming pool accidents, nursing home abuse, and work-related injuries ranging from mesothelioma to carpal tunnel syndrome.

Do You Need a Lawyer’s Help With a Personal Injury Claim?

Technically and truthfully, here in the state of Georgia, there is no legal requirement to have a lawyer represent you if you file a personal injury claim. You are allowed to handle your personal injury claim on your own in this state if that is what you choose to do.

What you must consider first is this question: Will you be comfortable handling a personal injury claim by yourself? Will you feel comfortable doing legal research, compiling evidence, talking with insurance adjusters, and maybe even negotiating with insurance company attorneys?

If you feel comfortable doing that kind of work, then you may not want an attorney simply to take the matter “off your plate.” You will spend a great deal of time with an attorney, and yes, at the end of the process – should you prevail – there will be an attorney’s fee to pay.

What Should You Consider When Deciding to Hire a Lawyer?

Still, even after you pay an attorney’s fee, an attorney will probably be able to negotiate a more lucrative settlement for you than you will be able to negotiate on your own. Even if you’re comfortable handling your own personal injury claim, is that the best way to handle it?

You will have to determine whether having an attorney handle your claim adds value to or subtracts value from your claim. Quite frankly, if your injuries are not very serious, an attorney may not be able to add value to your claim. Not every personal injury case requires a lawyer.

Still, if you handle a personal injury claim yourself, you will need to know the details of the law, how it applies in your own case, how liability for accidents and injuries is determined in Georgia, and you can’t let yourself be intimidated by a big insurance company and its sharp attorneys.

What’s the Cost to Speak With a Personal Injury Attorney?

If handling your own case isn’t the best way to go, or if you’re uncomfortable handling your own claim – there’s your answer. And in Georgia, if you are injured by someone else’s negligence, you’ll need to discuss your case – at once – with an experienced Atlanta personal injury attorney.

Personal injury lawyers offer the injured victims of negligence a free first legal consultation – with no obligation. Whether or not you actually need an attorney’s help is one of the topics that you may want to raise in that consultation. A good attorney will help you make the best decision.

When you retain a personal injury lawyer, you’ll work together, perhaps for months, and you will be committing to a relationship that will require work and trust for both you and your attorney. Always be upfront, forthright, and honest with your personal injury attorney.

If You Hire an Injury Attorney, What Should You Expect?

Tell your lawyer the truth about how you were injured – and about anything else that may be pertinent to your injury claim. Whether it’s a pre-existing injury or medical condition, an old felony conviction, or anything else that might emerge in the case, tell your lawyer right up front.

If you choose to work with a particular injury attorney, you should also choose to heed that attorney’s recommendations.

For example, if your attorney sets up an appointment for you with a medical specialist, keep the appointment. When you pay for sound, experienced legal advice, you need to take advantage of your attorney’s insights and experience and follow that advice.

While your personal injury claim is pending, you must stay in touch with your personal injury attorney. Tell your lawyer at once if you relocate, change jobs or phone numbers, or get married. If you absolutely must cancel an appointment, call your lawyer at least 24 hours in advance.

What Will a Good Injury Attorney Do on Your Behalf?

The best personal injury lawyers get to work promptly. Time is critical in personal injury cases because, over time, evidence deteriorates and witnesses forget. A good personal injury lawyer will negotiate aggressively on a client’s behalf for the compensation a client needs and deserves.

About ninety percent of the personal injury claims in Georgia are resolved out-of-court. Personal injury attorneys are trained, experienced negotiators, but your injury attorney should also have plenty of successful trial experience.

If no acceptable settlement offer is forthcoming in the private negotiations, an experienced Atlanta personal injury attorney may recommend taking your case to trial and asking a jury to order the payment of the compensation you’re seeking.

The choice to hire an attorney or handle a personal injury claim on your own is yours alone. It is an important decision that may determine your health and affect you and your family for years to come. An attorney’s help is your right, and a good attorney will help you make the right choices.

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In this video, attorney Theodore Spaulding answers how pain and suffering can be valued in a personal injury case, and what information is gathered to determine compensation.

How much do I receive for pain and suffering in my personal injury case? Keep watching this video to learn the answer to this all-important question.

Hi, I’m Ted Spaulding. I’m an Atlanta personal injury trial lawyer and I’m the founder here at Spaulding Injury Law.

This is a question that I get time and time again from prospective clients that call me up after they’ve been in Iraq or otherwise injured in an incident, and it’s the hardest question to answer, quite frankly. Why? Because we really don’t know early on in the case what pain and suffering should be valued at for that particular case. And there’s a couple of reasons why.

Number one

Because every case is so different, and it is such a fact-intensive question to answer.

Number two

Because early in the case, no one knows. Not even the insurance adjuster or a defense lawyer, much less us or our client. Because it’s just too early and it takes time to understand and have the pain and suffering develop, quite frankly.

But here are a couple of reasons why and a couple of factors that go into it to, kind of, help you understand why I’m answering this question this way. The first factor is how long you end up treating your injuries, right? If you only treat for two or three months, most jurors are going to look at your case and try to determine pain and suffering based on how much treatment you’ve had. It’s not a foolproof method, but that’s oftentimes what jurors do. So they’re going to value it less if you only had two months of treatment and are all better versus another person in the same accident that had six or seven months of treatment. They’re going to get more for pain and suffering. So the length of time of treatment is one factor.

Another is exactly what were the injuries, right? Because, more often than not, jurors are looking at and go, “Well, you know, in really horrific injuries, I get that they have a ton of pain and suffering and I’m going to value that at X. Where if it is a smaller injury and not a lot of treatment was needed, not big injuries, I’m going to value it at Y.” So injuries is another one.

And then finally, there’s the ultimate question of what past pain and suffering you have and how long, so we’re talking months, years, and then, is there any future pain and suffering? So in those cases where you have a permanent injury, so you’re going to have pain and suffering, let’s say, for the rest of your life because of this permanent injury, that’s going to be valued much higher in a pain and suffering valuation than the person who treats and is all better at the end of treatment.

So those are some of the factors that come into play in determining what your pain and suffering is worth or could be worth. But remember this all-important point. It ultimately is up to 12 jurors in Georgia, 12 jurors, who are your peers, to listen to what you’ve been through, what your injuries are, how long you treated, to determine what exactly is your pain and suffering worth in your case.

If you have any questions or concerns or want to run a case by me to see if we can handle it for you, please reach out to me. There’s a couple of ways to do that. One, you can comment to this video and give me your information and I’ll be happy to reach out to you. Another way is go to our website, spauldinginjurylaw.com. We have a form on there that you can fill out and we’ll be in contact with you. You can also call me and talk to me directly. Two phone numbers for you: 770-744-0890 or 470-695-9950. Thanks again for watching this video and we’ll see you next time.

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Hi, I am Ted Spaulding. I am a personal injury trial lawyer with Spaulding Injury Law. So, here’s how contingency fees work in personal injury claims.

 

They are a percentage of whatever is recovered from a settlement or a verdict if your case is tried to a jury. Now, they are different from the hourly fee structure that a lot of attorneys charge clients.

How Contingency Fees Benefit Personal Injury Victims in Atlanta

Gone are the days where you have to pay an attorney by the hour and pay them monthly where you’re getting invoiced and you’re having to pay them on each invoice every single month as your case goes along.

This is important because if you’re injured, you’re dealing with medical bills, you’re dealing potentially with lost wages, and to have to pay a lawyer by the hour monthly to pursue your claim can get very conversing for you and your family financially.

So, the system has created this contingency fee scenario where you don’t pay anything upfront to hire a personal injury lawyer in Atlanta.

They receive a percentage of what’s recovered, so they’re aligned with your interests to maximize what’s recovered from your case, and you pay it out at the end once moneys are received. So, it’s the best of both worlds for both parties.

How Do Personal Injury Attorneys Handle Expenses Related to the Case?

Now, what you need to keep in mind is that the contingency fee is only covering the time and the expertise of the lawyer you’re hiring.

What’s also coming out of the settlement or verdict in most situations are any expenses that the firm covers for you. So, you want to make sure you understand.

Those are two different line items that are going to be coming out of the settlement or a verdict, and expenses are relatively small before a case is filed in court and obviously, they go up from there if you try your case, it’s going to be more expensive than it results before trial.

So, keep that in mind. Contingency things, fees are the best thing going, it allows you to focus on your recovery and worrying about compensating your attorney at the end, once you already know you’ve received something for your injuries.

Speak to An Experienced Personal Injury Attorney in Atlanta Today

If you have any particular questions or concerns about your case, or how contingency fees work, feel free to reach out to me.

You can shoot me an email or you can go on our website, we have a contact form there. That is spauldinginjurylaw.com. Thank you so much for watching this video.

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Following an unexpected accident, it is understandable that your primary priority would be recovering from any injuries that you sustained. Such recovery may be lengthy, however, and some accident victims are left permanently disabled. Recovery may involve serious medical procedures, periods of rest, rehabilitative programs, and readjusting to everyday life. It is not a surprise that injured victims often have difficulty focusing on anything else during their recovery. Let our wrongful death lawyers in Cumming, GA explain.

Furthermore, even though many injured accident victims may wonder what their legal rights may be, they may be intimidated by the legal process and may believe that a lawsuit will only add more stress to their lives. These factors are only some of the reasons why injured victims put off discussing a potential case with an experienced personal injury attorney.

What Is a Statute of Limitations?

A statute of limitations is a regulation that defines the amount of time that parties involved in a legal dispute must initiate a lawsuit. The window for filing a lawsuit varies based on the nature of the injury and the jurisdiction.

In Georgia, the statute of limitations for most personal injury cases is two years. The countdown begins when the “right of action accrues;” for instance, when a slip-and-fall accident occurs.

Once the filing window lapses, the right to file a lawsuit and recover damages ceases. Even so, unique circumstances may allow you to file a personal injury lawsuit outside the two-year filing window.

Statute of Limitations

Unfortunately, if an accident victim waits too long to pursue a legal claim, they lose their opportunity to recover for their losses. This is because Georgia law1 sets a strict deadline for accident victims to file a claim for personal injury. In legal terms, this deadline is referred to as the statute of limitations.2 The statute of limitations in Georgia for claims related to personal injury is two years from the date the injury was sustained. After that two year period, the court will likely dismiss any lawsuit you attempt to file.

The law does allow for certain exceptions to the two-year deadline, however. The following are two notable exceptions:

• If the injured victim is legally incompetent to file a claim, the time limit may be paused until he or she is found competent.
• If the injured victim is a minor, the time limit may be extended until two years after the victim turns 18 years old.

If there is another reason that an injured victim believes that the statute of limitations should be extended, the courts will generally evaluate the argument on a case by case basis.

Does the Statute of Limitations Change According to the Type of Injury?

The two-year period doesn’t necessarily apply to all personal injury cases in Georgia. Your case’s period might differ depending on the cause of action and the damages you seek.

Here’s a breakdown of the varying statute of limitations depending on the nature of the injury:

• Auto Accidents: If you sustain an injury in a car accident, you have two years from the accident date or discovery of physical harm.
• Medical Malpractice: You have two years from the accident or injury discovery date. Medical malpractice cases apply a five-year statute of repose.
• Wrongful Death: If a personal injury leads to the eventual death of a victim, the family of the deceased or representative has two years from the date of death to file a lawsuit.
• Loss of Consortium: The spouse or a family member of an injured victim has four years from the date of injury or death to file for loss of consortium damages.
• Workers’ Compensation: An injured worker has one year from the date of the accident or discovery to file a workers’ compensation lawsuit.
• Premises Liability: Suppose you sustained a broken bone after a slip-and-fall accident caused by a property owner’s negligence. In that case, you have a two-year window from the accident or injury discovery date to file a lawsuit.
• Product Liability: Injured victims of defective products have two years from the date of discovery to file a lawsuit. A 10-year statute of repose applies to product liability lawsuits.

What if I Sue a Government Agency?

If you intend to file a personal injury claim against a city or municipality, keep tabs on applicable timelines. First, you should notify a government agency within six months of the accident.

The notice of claim should include the following details:

• Name of government entity or employee involved
• Time and location of the accident
• The nature of your injury
• The form of negligence that caused the injury

Failure to provide notice within a specified timeline may result in forfeiture of your right to compensation from the city council.

More importantly, you have 12 months to file a written claim against a government in Georgia. Filing a claim against a government agency requires you to notify the Department of Administrative Services, Risk Management Division by either mail or in person.

Lastly, you can file a lawsuit against a government agency after they reject your claim or more than 90 days have passed since you filed your initial claim.

What’s a Statute of Repose?

A statute of repose is similar to a statute of limitations but with unique differences. It prescribes how long an individual has to pursue specific rights but with strict terms.

The statute of repose bars legal action after a specific timeline, no matter when the injury occurred or was discovered. Thus, extensions or exceptions are highly unlikely.

In Georgia, the statute of repose applies in cases involving medical malpractice and product liability. Under the statute of limitations, the timeline does not commence until the victim discovers the injury or establishes a link between the physical harm and the malpractice or harmful product.

That said, the statute of repose is a hard limit on the period during which a person can file a lawsuit, regardless of whether the victim discovered the injury. It prevents the defendant from facing a lawsuit years or decades after the injury.

For instance, the statute of repose for medical malpractice lawsuits is five years—meaning an injured victim has five years after receiving substandard medical care to bring a lawsuit against a health institution or health care provider.

On the other hand, there is a 10-year cap for filing personal injury lawsuits related to defective products. An injured victim must file a lawsuit within 10 years after the accident date regardless of the discovery date or a link with the defective product.

What Does a Personal Injury Lawyer Do for Me?

You may be entitled to compensation if you or a loved one has sustained an injury due to someone else’s negligence. Irrespective of your right to compensation, you may be confused about the following steps to pursue compensation from the liable party.

A personal injury attorney can help you file an insurance claim or lawsuit against an at-fault party. Although most injured victims obtain compensation from the at-fault party’s insurer, working with a personal injury attorney enhances the chances of a positive outcome.

Here are the benefits of a personal injury attorney to your case:

Negotiation Skills

Insurance companies have mastered the art of tabling settlement offers that barely cover your injury-related losses. An experienced and knowledgeable attorney will evaluate the merits of each settlement proposal.

An attorney can table supporting evidence and negotiate a fair settlement offer matching your losses.

Speed Up the Claim Process

The ability to recover from a personal injury depends on how quickly you obtain the claim proceeds. You must also strike a balance to consider the full extent of your injury before accepting a settlement proposal.

A personal injury attorney will conduct speedy investigations, communicate promptly with insurance providers, and file a timely lawsuit. Ultimately, a personal injury attorney’s guidance prevents delays that can harm your recovery process.

Provide Peace of Mind

Many personal injury victims struggle with emotional and psychological trauma. Pursuing compensation can be an added source of stress. When you hire a personal injury attorney, they can handle all aspects of your claim, giving you peace of mind during challenging moments.

Contact a personal injury lawyer as soon as possible

If you have suffered an injury, you should not delay in consulting with an experienced Atlanta personal injury attorney. Preparing a claim can take time and you do not want to risk waiting too long. Call the office of Spaulding Injury Law today at (770) 744-0890 for a free consultation.

1. https://law.justia.com/codes/georgia/2010/title-9/chapter-3/article-2/9-3-33/
2. https://www.law.cornell.edu/wex/statute_of_limitations

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Medical bills and other expenses can quickly start to pile up after an accident. Many personal injury victims cannot afford to pay these bills, especially if they’ve had to take time off of work to recover from their injuries. For this reason, some victims are eager to resolve their personal injury claims as quickly as possible. If you are filing a personal injury claim, it’s crucial to hire an experienced Atlanta personal injury lawyer to help you understand how long it will take to resolve, so you know what to expect.

How Long Will It Take to Recover Compensation in a Personal Injury Case?

Each personal injury case is unique, so the answer to this question will vary. Some personal injury claims are resolved in a matter of months, whereas others can take two or more years to resolve. The time that it takes to resolve a claim will typically depend on the answers to these questions:

• Is there a dispute over liability?
• How severe are your injuries?
• How much insurance is available?

Is There a Dispute Over Liability?

The insurance company will not compensate you unless you can prove that their policyholder is legally liable for your injuries. In some cases, the victim and the insurance adjuster agrees that the insurance company’s policyholder is to blame. These cases are typically resolved relatively quickly. But, if there is a dispute over who is liable, this can affect the time it takes to settle your claim.

You may need to take the time to gather more evidence that will strengthen your case and prove liability. The insurance adjuster may change their mind after reviewing additional evidence and decide to make a settlement offer. But sometimes, there’s nothing you can do to improve the insurance adjuster’s mind. If the insurance adjuster refuses to settle over a liability dispute, your only option is taking your case to court. This could add months or even years onto the time that it takes to resolve.

How Severe Are Your Injuries?

The severity of your injuries can impact the time it takes to resolve two reasons. First, severe injuries can increase the value of the case. In fact, cases involving the most critical and devastating injuries are often worth seven-figures. The higher the value of the case, the harder it will be to reach a fair resolution. After all, the insurance company is only interested in protecting their profits.

Second, it can take a long time to treat severe injuries, and you cannot settle your claim until you have completed treatment. Why? There’s no way to know the total cost of treating your injuries or how the injuries will affect your future if you are still being treated. As a result, it’s impossible to calculate the value of your claim during treatment accurately, so you won’t know how much you are entitled to from the insurance company. If you want to ensure you are fully compensated, you must wait until your treatment is over. Unfortunately, this could take a while if your injuries are severe.

How Much Insurance is Available?

The amount of insurance that is available can affect the length of time it takes to reach a resolution. It usually does not take long to reach a settlement if there is not much insurance available. But, it can take much longer to resolve cases where there is a lot of insurance coverage available. Why? The higher the policy limit, the more compensation victims can demand. This can lead to tough negotiations that can drag on for a long period of time and sometimes these personal injuries can affect your employment. If there is a lot of insurance coverage available, it can take as little as six months or more than two years to reach a resolution.

A Word of Caution Regarding Personal Injury Settlements

It’s not hard to understand why many personal injury victims want to resolve their claims as quickly as possible. But, it’s important to be patient. You should never try to speed up the process by skipping medical treatments or rushing through your recovery. Your health will suffer from this decision, and your wellbeing should be your first priority following an accident. Furthermore, this decision could lower the value of your claim, which means you won’t take home as much compensation.

Don’t try to quickly resolve your case by accepting a low settlement offer, either. This is your only chance to obtain the compensation you deserve for your medical expenses, lost wages, and pain and suffering. If you accept a low settlement, you are not allowed to ask the insurance company for more compensation for your injuries in the future. The only way to ensure you are fully compensated is to wait patiently to reach a fair resolution.

Finally, it’s important to keep your desire to reach a quick resolution to yourself. Do not let the insurance company know that you want to settle your claim as soon as possible. If you let this slip, it will be much harder to reach a fair settlement with the insurance company. The insurance adjuster will only make unfair settlement offers since they know how eager you are to close this chapter of your life.

How Can a Personal Injury Attorney in Atlanta Help?

It’s not wise to speed up the personal injury claim process by rushing through your recovery or accepting an unfair offer. But, an attorney can help you speed up the process in ways that will not negatively affect the outcome of your claim.

Failing to submit the appropriate documentation to the insurance company can lead to lengthy delays in your claim. Fortunately, an attorney can avoid these delays by gathering and submitting documentation that is relevant to your claims, such as police reports, medical records, and witness statements. Your attorney will ensure that the insurance adjuster has all of the evidence they need to process your claim right away.

Your attorney can speed up the negotiation process as well. Attorneys are skilled negotiators who have plenty of experience working with insurance adjusters, so they know the right tactics to use to quickly reach a fair settlement. The insurance adjuster will also take your claim more seriously if you are represented by an attorney, which can speed up the negotiation process even further.

These are some of the many ways that an attorney can help you reach a favorable resolution to your personal injury claim as quickly as possible. If you have been injured, seek legal representation from the experienced personal injury attorneys at Spaulding Injury Law. To schedule a free consultation, contact Spaulding Injury Law by calling 770-744-0890 or submitting your information using the form on this website.

Posted in Personal Injury, Video | Comments Off on How Long Will My Personal Injury Claim Take?

In this video, attorney Ted Spaulding details everything you need to bring upon first meeting with your personal injury attorney. He explains the importance of being prepared with as many pieces of evidence as possible to support your case. 

What to bring to your first meeting with a personal injury lawyer?

Hi, I’m Ted Spaulding. I’m an Atlanta personal injury trial lawyer and the founder here at Spaulding Injury Law.

So, this is a question that we get when we’re talking to a prospective client and they’ve made a decision to hire our firm to represent them. We’re either going to have an in-person meeting or we’re going to have, in this day and age, we can have a Zoom meeting or something of that nature. And what do you need to give us to help start to build your claim or case? So, there’s several things. And again, some of this depends on the nature of your incident. Is it a car wreck? Is it a premises liability case? Is it a wrongful death case? What are we talking about? But your standard categories remain the same.

Number one, is there a police report or an incident report? Bring that.

Number two, do you have photographs? If it’s a car wreck, do you have photographs of the damage at least to your vehicle, the scene, the at-fault party’s vehicle, any of your injuries, that sort of thing? If it’s a trip and fall or a slip and fall, do you have photographs of the hazard that caused you to fall? It’s those sorts of things.

Next would be, do you have any video? All right. So, is there any video of the incident that you have received? Obviously, we would want to have that. If it’s a product liability case, do you have the product that was the defective that caused your injury?

Then you got other areas of small things that we need to help move the case along, your health insurance information. So, we’d want to see and get a copy of the front and back of your health insurance card. If it’s a auto wreck, front and back of your license is very important. If it is a wreck, we want to get your auto insurance or other insurance information. Take a picture of the front or back of your auto insurance card.

Those are the things to bring with you. And then there’s the kind of catch-all, if there’s anything else, is there some more document, emails, anything else that you think is relevant to your case? Bring that with you to that first meeting so the lawyer can see all of that.

So, that’s what to bring with you to your first meeting. I hope that helps you get an idea to get ready for that first meeting. If you have any questions on this topic, feel free to leave a comment to this video. If you have further questions or you have a potential claim that you would like to see if our firm can handle, comment to this video. Go to our website, spauldinginjurylaw.com. We have a contact form on there or give me a phone call. Two phone numbers for you, 770-744-0890 or 470-695-9950. Thanks so much for watching this video.

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Be careful! Many Atlanta personal injury lawyers would have you believe that every injury victim will receive compensation for their injuries and losses. If that were true, there probably wouldn’t be a need for personal injury attorneys in Atlanta, Georgia, or anywhere else.

The truth of the matter is that lawyers are often needed because obtaining compensation for your injuries and losses are not automatic in a personal injury case in Georgia. When you file a claim with an insurance company or directly with the business at fault, these entities will assess the nature of the complaint that you have against them before deciding on whether to settle or to litigate.

If they believe that the case against them is strong, and what your asking for is reasonable, they may decide to settle out of court. However, insurance company attorneys may also use some proven legal defenses to mitigate or eliminate their clients’ responsibility.

Here we will look at a couple of the most common defenses in personal injury cases taken by the defense to try to defeat your personal injury claim. These are important defenses to know about as you pursue you compensation for your losses.

Comparative Negligence:

This defense is raised to limit the amount of damages owed or the even completely bar the plaintiff’s case. The goal is here is to put enough blame on the plaintiff for causing his or her own injuries.

In Georgia, so long as the jury finds the plaintiff 50% or less at fault, the plaintiff can recover damages against the defendant. However, the award is reduced by the percentage fault placed on the plaintiff.

For example, if an individual in a car is struck by a truck running a red light in downtown Atlanta, he or she might sue the trucking company for damages. However, the defense may blame the plaintiff for causing the accident by presenting evidence suggesting the plaintiff forgot to activate his or her headlights, contributing to the collision.

Let’s say the jury believes the defense’s argument but determines it was only 40% of the reason for the accident and awards the plaintiff $100,000.00 for her losses. The award is then reduced to 60% of $100,000.00 or $60,000.00.

On the other hand, lets say the jury believes the lack of headlights was 60% of the reason for the accident. In this situation, the plaintiff recovers nothing because she was over 50% at-fault of her own injuries.

Assumption of the Risk:

Another common defense tactic to try to bar any recovery for the plaintiff is to argue that the plaintiff was well aware of the risks of injury involved in the incident leading to his or her injuries and losses. It is raised when the plaintiff’s actions were such that it would have been clear to the plaintiff that injury would occur if he or she proceeded as planned.

For instance, if the plaintiff was warned of the danger, then proceeded to do the activity anyway, and was injured, assumption of the risk will bar the plaintiff’s claim. This defense is common in product liability cases or industrial accident cases.

Pre-Existing Injuries:

This is the most common defense tactic used in Georgia personal injury cases. Here the defense is not arguing the plaintiff is liable. Instead, the defense is saying that the defendant’s conduct may have been negligent but did not cause the injuries the plaintiff is complaining of and seeking compensation for from the jury.

This is also called causation—meaning “did the negligence complained of really cause the plaintiff’s alleged injuries?” The defense will comb through your past medical records decades before the incident in question looking for any medical condition or complaint that it can point to as an argument that your current injuries had been there all along.

Our Lawrenceville injury lawyers are very familiar with defense tactics to try to minimize an injury victim’s legitimate injuries and losses. With over two decades litigating and trying cases involving all types of personal injury cases, our personal injury lawyers anticipate these defense tactics day one and implement various strategies to counteract them at trial.

Call Us For A Free Consultation Today! (770) 744-0890

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More than 5,000 motorcyclists suffered fatal injuries in crashes across the United States in 2019, and thousands more sustained non-fatal injuries that significantly disrupted their lives. If another party was responsible for causing the crash, the injured motorcyclist has the right to seek compensation for their losses. Since the losses from common motorcycle injuries can often be extensive, it is important to identify all possible sources of liability, and you should have the help of a trusted injury law firm.

In many cases, it can be difficult to know which insurance claims or lawsuits to file without the help of an attorney who has experience handling motorcycle injury claims. Let our Atlanta motorcycle accident lawyers evaluate your rights and options as soon as possible.

Other Drivers

One of the top reasons for motorcycle accidents is negligent conduct by other drivers. Drivers can engage in many types of negligence that can injure motorcyclists, including:

1. Distracted driving
2. Drunk or drugged driving
3. Aggressive driving
4. Speeding
5. Improper lane changes
6. Failing to yield

In many situations, drivers might not be paying full attention to the road, and because motorcycles are already more difficult to see, a distracted driver can easily miss a motorcycle, resulting in a collision. Just because motorcycles are smaller does not mean there is any excuse for failing to pay attention, and such drivers should be held accountable for the injuries and property damage they cause to a motorcyclist.

When a driver is at fault for a crash, their insurance company should cover all of an injured motorcyclist’s losses. However, losses from catastrophic injuries can be extraordinary, and many drivers have policy limits that might not cover all of your damages. This is why it is important to consider other sources of liability when available.

#1 Cause of Motorcycle Wrecks

The #1 cause is left-hand turns at intersections in front of or into the motorcycle.

Employers of Drivers

Many people are on the road as part of their jobs, including commercial truck drivers, delivery people, construction workers, rideshare drivers, and many more. If someone was working when they caused your motorcycle crash and injuries, you might be able to hold the company that employed the driver responsible as well. This is because the law holds employers vicariously liable for harm caused by negligent employees under a legal principle called “respondeat superior.”

Employers can also be negligent and lead an employee to be involved in a motorcycle crash, such as:

1. Negligent hiring of people with a history of dangerous driving or other serious driving violations
2. Negligent supervision of drivers to ensure they are safe
3. Failing to suspend or discipline drivers who violate the law, report to work under the influence, or engage in other unsafe behavior
4. Encouraging drivers to speed or violate other regulations (such as hours of service rules) to make more deliveries and earn the company more profits
5. Failing to properly maintain work vehicles, leading to malfunctions and crashes

If company management or owners are negligent, the company’s insurance policy should cover the losses of injured crash victims. This is important, as corporations generally have much higher policy limits than individual drivers.

Another complex liability issue arises when a rideshare driver causes a motorcycle crash. If an Uber or Lyft driver was negligent, the insurance coverage will depend on the circumstances of the situation. For example, if the rideshare driver had not accepted a fare at the time of the accident, their own insurance would apply. If the rideshare driver had accepted a ride or had a passenger in the car, the rideshare company’s $1 million insurance policy would also apply, which can be beneficial if you have serious injuries.

Motorcycle Manufacturers

Because motorcycles are already risky vehicles, it is imperative that bikes are in proper working order. Sometimes, however, motorcycle manufacturers sell motorcycles that have defective parts, including tires and brakes. If a defective motorcycle part malfunctions and causes you to lose control of your bike, you can hold the manufacturer responsible by filing a product liability claim. These claims can be challenging to prove, so having the right legal help is essential.

Road Crews or Government Agencies

While road hazards can be dangerous for any driver, they can be especially harmful to motorcyclists. Unexpected road conditions can easily cause a motorcyclist to lose traction or otherwise lose control of their bike. In some situations, road hazards can be due to the negligence of construction crews that perform improper repairs or leave objects in the road after a shift. Hazardous conditions can also be the fault of government agencies that neglect road maintenance.

If you have a claim against a government agency, the procedures are different from a claim against a private party. The Georgia Tort Claims Act has notice requirements and deadlines that are much shorter than the usual statute of limitations, and claims against the City of Atlanta require special paperwork.

Seeking the Right Legal Help

Knowing how to identify all potentially liable parties can be quite difficult without knowledge of personal injury law or the right investigative resources. Many injured motorcyclists might miss out on critical compensation if they fail to file the right insurance claims. This is why the help of the right Atlanta motorcycle accident lawyer can be so beneficial.

Our legal team has filed motorcycle accident claims against all types of liable parties – including individual drivers, companies, and government agencies. We will help you through every step of the process to determine who should provide compensation for your medical bills, lost income, pain and suffering, and other damages from your motorcycle injuries.

Speak with Our Atlanta Motorcycle Accident Lawyers About a Possible Case

Motorcycle accidents can require victims to undergo extensive medical care, be unable to work, and even struggle with life-long effects and complications from serious injuries. You want to make sure you receive every dollar you deserve for your losses from parties that should be held responsible.

At Spaulding Injury Law, we always offer free case evaluations with no obligation, so please do not wait to call (770) 284-3673 or contact us online after your motorcycle crash.

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Personal injury cases can involve many complicated issues and questions. Even if you firmly believe that another party was at fault for your injury, the court and/or a jury may often require more concrete evidence in order to find another party liable for your losses. While injured victims may not know how to obtain or present sufficient evidence to prove negligence in court, an experienced Atlanta personal injury lawyer has the knowledge and skills to do so.

Expert Analysis During Accident Investigation

In order to prove your claim, a skilled lawyer will fully investigate the circumstances surrounding your accident to identify any and all potentially negligent parties. In some accidents, fault may be fairly easily identifiable; for example, another driver ran a red light and collided with your car. In other situations, fault may not be readily apparent at all.

Accidents can be complicated and may often involve numerous vehicles, large commercial trucks, chain reactions, vehicle malfunctions, and much more. Often, an attorney will enlist the help of an expert witness1, such as a professional accident reconstruction expert2. Such an expert will examine the vehicles, scene of the accident, witness reports, and more to give an expert opinion on what caused the accident and what negligence was involved.

Medical Experts

In order to fully recover for your injury-related losses, you must prove the extent of your injuries and how they affected your life. Medical experts can not only attest to the nature and severity of your injuries, but can testify that a patient with your injuries would be unable to work, would suffer long-term complications, or even permanent difficulties. For example, if you suffered a traumatic brain injury, the opposing party may argue that your brain injury does not keep you from learning or performing your job duties. An expert can give a professional opinion that your injury did, in fact, inhibit your abilities and more.

Contact an Experienced Atlanta Auto Accident Attorney for a Free Consultation

At Spaulding Injury Law in Atlanta, our personal injury attorneys use experts and other resources to ensure you receive the maximum settlement possible in your case. If you have been injured in any type of accident and believe someone else was at fault, call our office today at (770) 744-0890 for assistance.

1. https://en.wikipedia.org/wiki/Expert_witness
2. https://actar.org/

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