About Personal Injury Lawsuits
- A personal injury lawsuit can ensure victims are compensated for their losses and damages, including medical bills, lost wages, physical and emotional pain and suffering, decreased enjoyment of life, and more.
- A personal injury attorney protects the rights of their clients, can handle communication with insurance companies and other lawyers, negotiates settlements, and takes cases to court when necessary.
- Without the help of a personal injury attorney, victims may be offered less than they are entitled to and be pressured to settle quickly.
Why Hire CSS for a Personal Injury Lawsuit
Whether you’re in a car accident, injured at work, slipped on a business’s wet floor, or suspect a loved one in a nursing home is being neglected, the experienced attorneys at Childers, Schlueter & Smith can help. Our wrongful death and personal injury attorneys are devoted to protecting the rights of victims and getting the compensation and justice they deserve.
Our attorneys understand how deeply a personal injury can affect all areas of life, including the toll it takes on families. We represent clients throughout Georgia and across the country and are well-known for the exceptional legal services we provide thanks to our successful track record.
It takes specific skills, resources, and experience to get the best outcome from a personal injury claim. From the initial consultation to settlement negotiations and court victories, we’ll guide you through the legal process, discuss your options, and explain the strategies we’ll use to maximize your case. We care about our clients and go above and beyond to alleviate their stress so they can focus on recovering.
If you are injured and think or don’t know if someone may be liable, are pressured by an insurance company to settle, or want to discuss your legal rights, contact our personal injury attorneys today.
The Elements of a Personal Injury Lawsuit
When someone is injured and another party’s negligence or intentional actions are fully or partly responsible, a personal injury lawsuit may be filed. These civil claims can compensate victims for the economic and non-economic damages they’ve suffered and could experience in the future.
Personal injury law allows lawsuits to be filed against individuals, businesses, and entities. In most cases, these claims never make it to the courtroom. Going to trial is expensive for everyone involved, and can take years to resolve, so they’re usually settled through negotiations.
While physical injury and recovery often come with expensive hospital stays, surgeries, appointments, and treatments, the costs and losses from an injury reach far beyond medical bills. This is why accident and injury victims should consult with a personal injury attorney, even if you think insurance will cover what you need. A lawyer will ensure fair compensation is received by handling communication with insurers and/or the other party’s representation, negotiating on your behalf, and if needed, taking your case to court.
Personal injury cases are complex. Every injury and injured person is different, and there is no scientific formula for evaluating someone’s pain and suffering or the other damages they suffer. But a skilled personal injury attorney can help determine how much a victim is entitled to through a mix of strategies; they perform thorough investigations to gather evidence like photos of accident scenes, medical reports, and bills, determine who’s liable, consult with experts, and interview witnesses, victims, and their families.
At Childers, Schlueter & Smith, we’ve seen firsthand how devastating a personal injury can be. There are often not just immediate health effects and struggles, but without the help of an attorney, long-term considerations and challenges aren’t reflected in settlement offers.
So many factors affect whether or not a personal injury case will be successful, but the investigation and resources leveraged by an experienced attorney will directly impact the outcome. Cases must be built with a strong foundation of details and proof, and it’s this information that must demonstrate the four elements of a personal injury claim:
- Duty of Care: The other party owed the plaintiff a duty of care, meaning they were obligated to act reasonably to prevent causing harm to others.
- Breach of Duty: They failed to meet a reasonable standard of care; their actions or acts of omission were negligent because they breached the duty of care.
- Causation: The breach of duty caused the plaintiff’s injury. The plaintiff must demonstrate how they wouldn’t have suffered harm if it weren’t for the defendant.
- Damages: The final element is showing the plaintiff suffered losses they’re entitled to be compensated for, such as may include medical bills, emotional pain and suffering, and lost wages.
A good example of what must be demonstrated in a personal injury claim is a car accident caused by someone texting and driving. First, the negligent driver had a duty of care to drive responsibly. Secondly, they breached that duty because they failed to pay attention and abide by Georgia’s hands-free law.
Then you must show that the defendant’s negligence – texting while driving – was the direct cause of your injuries. Finally, a car accident injury claim must show the damages suffered due to the defendant, and that you’re entitled to compensation. All of these elements need to be met for a personal injury lawsuit to be successful.
Types of Personal Injury Cases We Handle
Countless everyday situations may lead to an accident and injuries. For some, the negligence of another person, business, or entity can be life changing. For others, their injuries cause short-term struggles that they fully recover in a few weeks. Regardless of how serious an injury or other losses may be, victims are entitled to seek compensation for damages they incurred as a result of another’s negligence.
At Childers, Schlueter & Smith, our seasoned personal injury attorneys have helped victims recover compensation for a range of situations that caused them harm. We specialize in the following practice areas.
Transportation Accidents
Motor vehicle, bicycle, and pedestrian accidents happen every day, and most of them could have been prevented. These accidents can deeply affect victims and their families for months, years, or even the rest of their lives.
Sadly, there are numerous ways someone you share the road with may cause a crash; speeding, improper lane changes, or ignoring traffic signs and laws, distracted or drunk driving, driver fatigue, and other forms of negligence can result in minor to fatal motor vehicle accidents.
When a motorcycle, bicycle, or pedestrian is involved in a crash, the injuries are typically much more serious than what the drivers or passengers inside a vehicle suffer. Without seatbelts, airbags, and the car protecting them from direct contact, broken bones, traumatic brain injuries, severe road burns, and spinal cord injuries are more common among cyclists, pedestrians, and motorcyclists.
Motor vehicle accident injury cases are complex. Many factors affect not only how much compensation may be sought, but also whether or not you have a case at all, such as Georgia’s comparative negligence law. Then there’s the insurance company. The amount they offer victims who don’t have legal representation is never truly representative of their losses. Our car accident attorneys can help you recover compensation for a range of damages and stop shady tactics by insurers.
Medical Malpractice
Every day, patients trust medical professionals like doctors and nurses to provide a certain level of care to help diagnose, manage, and treat illnesses and injuries. The effects of a healthcare provider’s negligence can be far-reaching when they don’t meet this standard of care. However, a medical malpractice lawsuit can help recover compensation and hold the liable party accountable.
To prove negligence in a medical malpractice case, you must show that an act or omission while under the defendant’s care violates the standard of care. If you’re injured and another medical practitioner in the same or similar circumstances would have acted differently, there may be grounds for a lawsuit. Some examples of medical malpractice include prescription errors, surgical errors, wrongful discharge, delayed diagnosis, misdiagnosis, and birth injuries.
A doctor’s negligence can cause serious, lifelong, and even fatal injuries, but medical malpractice lawsuits are complicated without the help of an attorney who specializes in this area of law. These cases require gathering and analyzing medical evidence, the use of medical experts who may act as vital witnesses, and extensive research. The medical malpractice attorneys at Childers, Schlueter & Smith have been representing clients who suffered at the hands of healthcare professionals for years and know what it takes to win these complex cases.
Wrongful Death
Losing a loved one at any time is devastating, but when someone dies because of an individual’s or company’s actions or acts of omission, knowing your legal rights is important. A wrongful death lawsuit can provide the surviving family with financial security, while also holding the negligent party accountable for their role in the death. Under Georgia’s Wrongful Death Act, there are many fatal situations that can be grounds for a lawsuit, such as medical malpractice, faulty construction, drunk driving, nursing home abuse, and dangerous or defective products.
In a wrongful death lawsuit, individuals may seek compensation for the “full value of the decedent’s life.” This may include economic and noneconomic damages like the pain and suffering of survivors, funeral expenses, lost future wages, and loss of benefits. In some cases, punitive damages may also be sought.
If a loved one has died and someone else may have been responsible for or contributed to what happened, the knowledgeable and compassionate Georgia wrongful death attorneys at Childers, Schlueter & Smith are here to help.
Catastrophic Injuries
Accidents that cause catastrophic injuries forever change the lives of victims and their loved ones. They may prevent you from being able to work, provide and care for your family, or take part in everyday activities and tasks. A catastrophic injury can make you feel helpless and cause severe emotional distress on top of the significant pain and new limitations caused by your injuries.
A personal injury lawsuit can help alleviate the stress and financial uncertainty that come from catastrophic injuries when someone else’s negligence led to the accident. It can ensure you have the financial support to get the proper treatment, aides, and care that you or a loved one needs, both now and in the future.
Some examples of catastrophic injuries include loss of limb, paralysis, traumatic brain injuries, and severe burns. Many of these affect victims for years or cause permanent disabilities and lifelong pain and suffering.
Given the widespread impact of a serious injury, it’s important to speak with an attorney, even if you’re unsure if someone could be held liable. The catastrophic injury attorneys at our firm can help determine who, if anyone, is at fault, gather the necessary evidence to prove negligence and the effects of the accident, file your claim, and fight for what you and your family need and deserve.
Premises Liability
There are many ways someone could be injured on commercial, private, or public property, and Georgia property owners and operators are legally responsible for keeping them reasonably safe. When they don’t and someone is injured, the victims may file a premises liability lawsuit.
Property hazards that can cause harm to customers, employees, guests, contractors, and others who are at work, visiting friends, shopping, or simply performing a daily activity. Unmarked curbs, unfenced swimming pools, off-leash dogs, poorly maintained decks, railings, or steps, building or safety code violations, and inadequate lighting could all result in a lawsuit if someone suffers harm.
A premises liability lawyer from our firm can ensure owners and insurance companies don’t take advantage of or place blame on victims. If you were injured on someone else’s property, you may be able to seek compensation for medical bills, lost wages, and pain and suffering. Our team knows what evidence is needed to build a solid case that shows the owner or operator’s negligence more likely than not was responsible for what happened.
Workplace Injuries
Accidents can happen in any workplace, even those that don’t have obvious hazards. In Georgia, businesses that employ three or more people are required to have workers’ compensation insurance, which provides benefits for temporary partial disability, temporary total disability, and permanent partial disability. Worker’s compensation also provides death and medical benefits.
There are strict procedures to follow when a workplace injury occurs. Legislation prevents anyone who receives workers’ comp from suing their employer, but sometimes, a workplace accident involves a third party that may be held liable through a personal injury lawsuit. For example, if you’re injured while using a machine with a product defect, you may have a case against the manufacturer.
However, workplace injury cases are complicated, and like other personal injury lawsuits, insurance companies and third parties will always try to pay as little as possible. A workers’ compensation attorney can help navigate the benefits process and ensure you’re paid what you’re owed and on time. If you were injured on the job, whether in an accident or from repeated job duties, contact the workplace injury attorneys at Childers, Schlueter & Smith for a free consultation.
Nursing Home Abuse
Each year, it’s estimated more than one million nursing home residents are abused. There are many types of elder abuse that occur in nursing homes, from sexual abuse and physical harm like punching or restraining the victim, to emotional abuse and neglect, which includes failing to feed, bathe, or provide necessary medical care. Due to the sheer number of nursing homes and care facilities, and the ability to hide many forms of abuse and mistreatment, it’s impossible for government agencies that oversee these businesses to identify and stop all abuse of elders in their care.
There are laws in place to protect residents in nursing homes, but there are serious emotional, physical, and financial effects of elder abuse that cause innocent victims and their families to suffer. Our nursing home abuse lawyers have seen far too many people become victims in the very places that exist to provide vital care and support for a vulnerable population.
Residents in elder care facilities have rights. If you suspect or know a loved one is being mistreated or died in a nursing home and you think they didn’t receive proper care, contact our firm today.
Let Our Personal Injury Attorneys Help You
The impact of a personal injury can have both short- and long-term effects. When a person, business, or entity had a role in causing an accident or injury, a personal injury lawsuit can recover much-needed compensation for victims. But insurance companies and other liable parties care more about their bottom line and do what they can to limit any damages victims may be compensated for. It can also be difficult to navigate the insurance process, and you may not be aware of your legal options.
Our Georgia personal injury attorneys can alleviate this burden and protect your rights. We’ll determine the value of your claim and gather the necessary evidence to prove the four elements of negligence thanks to our experience, skills, and resources. Our personal injury attorneys will file a lawsuit, can negotiate with insurers and the defendant’s lawyer on your behalf, and fight for what you’re entitled to in the courtroom if a fair settlement isn’t reached.
Don’t leave your and your family’s present or future in the hands of others. The personal injury attorneys at Childers, Schlueter & Smith have decades of experience handling a wide range of cases and have a proven track record that ensures you’ll get the compensation you deserve. Contact us online or call (800) 641-0098 for a free consultation.
Frequently Asked Questions
There are many types of personal injury cases, including nursing home abuse, dangerous medications, defective products, motor vehicle accidents, slips and falls, pedestrian accidents, medical malpractice, and more.
When you suffer a personal injury, it can impact much more than just your physical health and the associated costs for medical care and treatments. Time off work, decreased quality of life, pain and suffering, and other short- and long-term losses are the types of damages you can be compensated for in a personal injury lawsuit.
There is a statute of limitations for personal injury cases, which is the time during which a lawsuit may be filed. In Georgia, the statute of limitations is generally two years from the date of injury or negligence. Filing before this deadline is paramount to get what you deserve. If you wait too long to bring your claim, your potential case may be completely barred by Georgia law. The statute of limitations is NOT the same for all types of cases, and there are exceptions to the general rule in dealing with children, foreign objects left in after a medical procedure, and some situations involving criminal acts and pending criminal charges. For these reasons, you should always consult with an attorney as soon as possible to ensure your claim is adequately protected.
At Childers, Schlueter & Smith, all initial consultations are free of charge. We do not require any fees upfront. Instead, you will be charged on a contingency fee basis, which means that if you win or settle your case, your lawyer will receive a percentage of your recovery. If your case is not won or settled, you pay no attorney fees.
As for the expenses of your case (for example, hiring experts to testify in a medical malpractice case), we will pay these fees initially. If you win or settle your case, the attorneys will be reimbursed for their expenses out of the recovery. Different firms handle the payment of overhead expenses in one of two ways when a case is not won. Some will ask the client to repay these costs, while others will simply absorb them. Be sure to discuss the financial arrangements of your case with your attorney ahead of time so that you understand the fees for which you may be responsible.
No. If you’re injured in an accident, don’t speak with, or accept a settlement offer from the other party’s insurance company without consulting a lawyer first. Insurers could use what you say against you, push you to accept a settlement quickly, and offer less than you’re owed. A personal injury attorney can handle all communication, protect your rights, and negotiate on your behalf.
If your insurer or the liable party’s insurer refuses to pay what you’re owed for a personal injury, hiring a lawyer (if you didn’t already) and filing a lawsuit may be your only option to receive proper compensation. The personal injury attorneys at our firm always prepare cases as if they’ll go to trial so that we’re ready to fight for you in the courtroom if necessary.
In order to prove negligence in a personal injury case, four elements must be demonstrated: the defendant had a duty of care, they breached that duty, the breach caused the injury, and the injury caused damages.
The value of a personal injury claim varies from case to case. The extent of losses, the seriousness of injuries, how it affects your ability to work and perform everyday tasks, whether there are long-term or permanent implications, and other factors all affect how much your case is worth. A personal injury lawyer specializing in your type of case has the resources and skills needed to determine how much compensation you will need.
The length of time it takes to resolve a personal injury case greatly varies and is dependent on several factors. Gathering evidence and important documentation, negotiating with insurers or the defendant’s lawyer(s), and filing a claim, all take time. Though most personal injury lawsuits and insurance claims settle out of court, if you can’t reach a fair settlement, it’s going to take longer to resolve.
Yes. As a preeminent law firm, our personal injury and wrongful death lawyers are devoted to helping victims nationwide receive compensation for their losses. Currently, we represent injury victims in almost all 50 states, and we continue to do so on a regular basis. Our national approach helps us maximize the compensation and recovery our clients see both here in Georgia and all over the U.S. as a whole. In many instances, we often associate other well-qualified lawyers to act as local counsel on some of our cases. This benefit adds additional well-respected attorneys to your legal team without you incurring any additional attorney fees.
Our firm handles a wide range of transportation accident cases, including car, trucking, pedestrian, bicycle, motorcycle, drunk driving, and hit-and-run accidents.
An attorney will review your accident case to determine its validity. Generally, if another party’s negligence caused the accident and resulted in significant injuries or losses, you may have a solid case for seeking compensation.
Yes, Georgia follows a comparative negligence rule, meaning you can still pursue compensation even if you were partially responsible for the accident. Your compensation may be reduced based on your percentage of fault.
In Georgia, the statute of limitations for filing a personal injury claim, including car accident cases, is generally two years from the date of the accident. However, it’s best to consult with an attorney promptly to ensure compliance with all legal deadlines.
If you have uninsured/underinsured motorist coverage as part of your insurance policy, it can provide compensation for your injuries and damages in cases where the at-fault driver lacks adequate insurance coverage.
Before accepting any settlement offer, consult with an experienced transportation accident attorney who can evaluate the offer and advise you on whether it adequately compensates you for your losses. Once you accept a settlement, you typically cannot pursue further compensation.
Stevens-Johnson syndrome is a rare but severe reaction, usually triggered by medications, that causes painful skin blistering and peeling, as well as damage to the mucous membranes. It often begins with flu-like symptoms and can progress rapidly, sometimes leading to life-threatening complications. In more severe cases, where over 30% of the skin is affected, it becomes Toxic Epidermal Necrolysis (TEN). Early medical intervention is critical to managing the condition.
Early symptoms resemble the flu, such as sore throat, cough, and fever. Other symptoms include red or purple skin rash, skin pain, blistering, hives, and shedding of skin.
Both are part of the same disease spectrum. SJS involves less than 30% of the skin, while TEN occurs when more than 30% of the skin is affected, leading to more severe complications.
Yes, SJS and TEN can lead to life-threatening conditions like sepsis, organ failure, and permanent skin damage. Early medical intervention is vital.
Medical malpractice can occur when healthcare providers fail to warn patients properly about the risks of medications, prescribe incorrect doses, or fail to monitor patients for early signs of SJS. Misdiagnosis or delayed diagnosis can worsen the condition, making it potentially fatal.
Physicians, pharmacists, and drug manufacturers may be liable. Doctors who prescribe medications without proper warnings or monitoring, pharmacists who fail to counsel patients, and manufacturers who do not provide adequate warnings on labels can all face legal action.
Seek immediate medical attention, stop taking the suspected medication under a doctor’s supervision, and consider consulting with a lawyer to discuss your legal options.
A lawyer with experience in SJS cases can help determine if you have a valid medical malpractice or product liability claim and assist in securing compensation for medical bills, lost wages, pain and suffering, permanent disability, and, in severe cases, wrongful death.
Catastrophic injuries are severe and significantly impair daily life activities. Examples include severe burns, spinal cord injuries, head trauma, paralysis, and loss of limbs or organs.
If your injury severely impacts your ability to work, perform daily tasks, or engage in recreational activities, it may be classified as catastrophic. Consulting with a lawyer can help determine this.
You can claim various damages, including medical expenses, lost wages, pain and suffering, emotional distress, and loss of quality of life. In cases of permanent disability, you may also seek compensation for future medical needs and ongoing care.
Proving negligence involves demonstrating that the responsible party had a duty of care, breached that duty, caused your injury and that the injury resulted in damages. Evidence such as accident reports, medical records, witness statements, and expert testimony can support your claim.
Seek medical attention and consult with a lawyer as soon as possible to understand your legal options.
You have two years from the date of the accident to file a personal injury lawsuit in Georgia.
If the responsible party lacks adequate insurance, you may still have options, such as pursuing compensation through your own insurance policy (e.g., underinsured motorist coverage) or seeking compensation from other liable parties.
CSS offers experienced legal representation in catastrophic injury cases, providing comprehensive case management, expert legal advice, and dedicated advocacy to maximize your compensation and support your recovery.
