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If you or a loved one have recently been severely hurt due to someone else’s negligence, then it’s understandable that you may be feeling many emotions right now.
Pain. Anger. Stress. Frustration. Confusion. Hopelessness.These are just a few of the many complex feelings most accident victims experience in the days, weeks and months following a serious injury.
Accidents can happen virtually anywhere. Wherever you’re injured — at home, in the workplace, in your car, in public or elsewhere — you probably have lots of unanswered questions.
For starters, you may be wondering:
Who is responsible for paying for my medical bills and other damages?If you were injured at work, then typically your employer will be responsible for paying for your medical bills, lost wages and other damages — regardless of who caused your injury. If you were hurt by another individual in an accident unrelated to work (such as a car accident), then the at-fault individual should be liable for your damages, including medical bills. If a company is responsible for your injuries, then they will be forced to pay for your damages.
Ultimately, who is responsible for your bills depends on the individual circumstances surrounding your case. Talk to an injury lawyer to find out who can be forced to pay up for your losses.
Should I sue?It depends. If you were injured on the job, you might not be able to sue your employer since workers’ compensation is provided to injured workers regardless of fault. This, in turn, protects employers from lawsuits. However, if you were injured by a third-party, a coworker, or due to gross negligence on your employer’s behalf, then a lawsuit may be possible and advised.
Keep in mind that in order to successfully prove a claim and win a lawsuit under Georgia’s negligence laws, you’ll need to first prove the following 4 elements:
- Duty. You must be able to prove that there was an established relationship between the plaintiff and defendant (doctor/patient, employer/worker, driver/passenger, etc.), and that a standard of care was owed.
- Breach of duty. You must prove that the defendant violated their duty to the plaintiff, either due to negligence or an intentional harmful act.
- Causation. You demonstrate that the actions of the defendant caused the accident to occur because of their breach of duty.
- Injury. Lastly, you must establish the breach of duty, which caused the accident, resulting in measurable injury — emotionally, physically, or financially.
Our experienced attorneys can help you decide whether or not it’s in your best interest to file a lawsuit and, if so, we’ll help you prove these 4 factors to ensure the best possible outcome in your case.
How much is my injury claim worth?Again, it depends on many factors, including the extent of your injury and the circumstances surrounding the accident. For instance, were you seriously injured at work? Workers’ compensation may cover your medical bills and lost wages, but not your pain and suffering. Were you hurt in a car crash? You may be able to sue the at-fault driver for damages. Honest and ethical attorneys will wait until they fully understand the details of your case before they give you an estimate of how much your claim is worth.
How long until I get a check?Many people receive their first insurance or workers’ compensation check within a month (or possible under a week) after their injury; however, this can vary greatly depending on the individual circumstances surrounding your claim. For instance, if you delayed in filing for benefits or if the insurance company has denied or disputes your claim, then your check will likely not come until later.
When should I hire an Atlanta injury lawyer?If you’ve been seriously injured or if you’re having a difficult time getting the full benefits you are owed, then it’s time to contact an injury attorney near you immediately. Georgia enforces strict “statute of limitations” that vary depending on the type of case and who is involved. For instance, if you want to sue the government, then you’ll have less time to file a claim than if you sued a private individual or company. If you want to learn about your legal rights, it’s vital that you contact a lawyer who specializes in your type of injury as soon as possible before you lose your chance at justice and compensation forever.
With over 75 years of experience, our Atlanta accident lawyers at Gerber & Holder Workers’ Compensation Attorneys can give you direct answers to your most pressing questions about your ability to file an injury claim. No two cases are the same, which is why we offer a free initial review of your accident claim. During this first consultation, we promise not to pressure you — rather, we’ll simply provide you with all the information necessary to make the best choice for yourself and your family.
Hiring the right Atlanta injury lawyer to handle your financial restoration can free you up to focus on your physical and emotional recovery.Our experienced accident & injury lawyers can help you recover.
Common types of injury and accident cases in Atlanta, GA
Here’s a list of of the 5 most common types of injuries that give rise to accident lawsuits in Georgia:
- Head & brain injury. An injury to the brain or head can range from a small bump or headache to a severe concussion or traumatic brain injury (TBI). Such injuries must be diagnosed and treated immediately in order to avoid the lasting impacts of a TBI.
- Spinal cord injury. Injuries to the spinal cord or spinal column are often severe, leaving the accident victim paralyzed, disabled or incapacitated. Since the recovery time for a spinal cord injury is usually long-term or permanent, treatment costs can be high. Unsurprisingly, these injury claims tend to be intensely disputed.
- Back & neck injury. Chronic back and neck pain can result from a sudden catastrophic event such as a car crash, or from repetitive stress injuries such as picking up heavy boxes for years. Without proper treatment, these injuries almost never just “go away” and can cause debilitating pain for years (even decades) to come.
- Being hit by falling objects. The law of gravity is what causes objects to fall, but it’s usually a person’s neglect, carelessness or failure to follow proper safety precautions that allows a falling object to injure a worker or person below. This is an especially common injury on construction work sites and in warehouses.
- Slip, trip and fall injury. Everyone falls sooner or later. In many cases, all that may be hurt is your pride. But in some cases, particularly those involving the elderly or in certain workplaces such as construction, a slip and fall accident can result in catastrophic injuries.
Which type of work-related injury or accident is affecting your life?
Back & neck injury
Catastrophic injury
Spinal cord injury
Construction accident
Truck accident
Head & brain injuryCar accidents: The most common injury claim in Atlanta
In addition to the types of accidents listed above, crashes and collisions involving cars, trucks, pedestrians, bicyclists and motorcycles are common occurrences in and around the Atlanta metro area. Depending on how severe the crash is, accident victims may suffer any number of catastrophic injuries, including traumatic brain injury, cuts and lacerations, broken bones, internal injuries and organ damage.
Atlanta roads are among the most dangerous in Georgia and indeed in the U.S., according to the National Highway Traffic and Safety Administration (NHTSA). Thousands of people are seriously injured in Georgia car crashes, and hundreds are killed each year — many in Fulton County and Atlanta city limits. The 3 most common causes of auto accidents in Atlanta include:
- Distracted driving. Distracted driving causes almost 50% of vehicle crashes in Georgia each year, with rear-end accidents being among the most common types.
- Drunk driving. Drunk driving not only causes about 1 in 4 fatal crashes in Georgia, but it’s also a common reason for hit-and-run accidents in the state.
- Reckless driving (speeding). Reckless driving is an umbrella term used to describe dangerous driving behaviors that put others at risk, including speeding, tailgating, and weaving in and out of traffic without signaling. These behaviors can lead to various types of accidents, including head-on collisions and T-bone accidents.
Crashes involving semis, tractor trailers and other commercial trucks are particularly deadly, often resulting in serious injury or death. The victims of an Atlanta truck accident, or the surviving family of a person killed in a truck wreck, typically need to file a personal injury lawsuit, wrongful death suit or workers’ compensation claim to financially recover from the crash.
One thing that almost every auto accident in Atlanta has in common is that it is preventable. This means someone should be held responsible for your injuries — perhaps your employer or the at-fault driver.How much is your injury case worth?
The amount of compensation you may be entitled to after an accident or injury in Atlanta depends on individual case-by-case factors, such as the severity of your injuries and where the accident happened (at work, in public, or on another person’s property). Under Georgia’s personal injury law, an accident victim is generally able to sue the person (or party) responsible for the following types of damages:
- Medical expenses
- Lost wages
- Property damage
- Pain and suffering
- Loss of consortium
- Funeral and burial costs
However, if you were hurt on the job, the compensation available will be different. For instance, under Georgia’s workers’ compensation law, injured workers cannot sue their employer for pain and suffering. The trade off is that you are automatically guaranteed work injury benefits for things like medical bills, lost wages (indemnity benefits), travel expenses, and disability as long as your injury was work-related and happened while you were “on the clock.” These benefits are given regardless of who was responsible for your injury.
Of course, your employer or their insurance company may decide to deny your claim for various reasons. At this point, it’s in your best interest to contact an experienced Atlanta workers’ compensation lawyer.
Finding the right accident attorney near me is crucial. With so many options in Atlanta, why should I choose Gerber & Holder?
There are seemingly countless law firms and lawyers in the Atlanta area who focus on injury and accident cases. But none offer the level of knowledge, experience and commitment to clients that our attorneys guarantee. At Gerber & Holder Workers’ Compensation Attorneys, we’ve made it our mission to inform all injured Georgians about their legal rights, at no cost.
We understand that you have a unique story, and important questions and concerns. Our law firm has served clients faithfully in every case, as is evident by our history of success stories. Most importantly, we’ve been able to change the lives of our clients, helping them recover physically, emotionally and financially.
Workers’ compensation
Head injuries
$175,000+ $105,453 MSA Man suffered a head injury and injured his right shoulder while working for a Georgia company.
Workers’ compensation
Catastrophic/other injuries
$425,000+ $273,000 MSA Woman had significant injuries to her back and head.
Award-winning attorneys, one law firm – dedicated and driven.
Benjamin Gerber
Benjamin created his own law office in 2010. Tired of the “burn and turn” that other law firms employ, he was determined to provide superior representation for those who were injured on the job and need personalized assistance in understanding the convoluted workers’ compensation system. Meet Ben
Thomas Holder
Thomas was recently elected President of the Workers’ Injury Law and Advocacy Group (WILG). He has represented injured workers in Georgia and their families since 1984. Tom successfully founded and managed a top-rated Atlanta workers’ compensation law firm for over 30 years. Meet Tom
You need a highly experienced and knowledgeable Atlanta Injury lawyer to secure the best possible outcome. Contact us today to learn about your rights and figure out what to do next. The first consultation is free.
