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.
Medical malpractice occurs when a healthcare professional fails to meet the accepted standard of care, resulting in harm to the patient. Common examples include misdiagnoses, surgical errors, medication mistakes, and failure to diagnose a condition.
Liability can extend to doctors, nurses, pharmacists, medical technicians, and even institutions like hospitals and clinics if they contributed to the injury.
Proving malpractice requires showing that the healthcare provider deviated from the standard of care and that this deviation directly caused your injury. This typically involves collecting medical records, expert testimony, and other evidence.
In Georgia, medical malpractice cases require an affidavit from a medical expert explaining how the healthcare provider’s actions deviated from accepted standards of care. This document must be filed along with the lawsuit.
Georgia law generally requires you to file a medical malpractice claim within two years of the incident. Missing this deadline can prevent you from pursuing compensation.
You may recover economic damages such as medical expenses and lost wages, as well as non-economic damages like pain and suffering and diminished quality of life. In some cases, funeral and burial costs may also be covered.
If you suspect medical malpractice, seek medical attention to address any immediate health concerns. Then, consult an experienced medical malpractice attorney who can evaluate your case and guide you through the legal process.
Yes, signing a consent form does not prevent you from filing a claim. Consent forms typically cover known risks, but malpractice occurs when a provider makes an avoidable error or deviates from the standard of care.
A wrongful death lawsuit is a legal action filed when someone’s death is caused by another person’s or company’s negligent, careless, or intentional acts.
To determine if you have a valid claim, you need to assess if the death was caused by someone else’s negligence, recklessness, or intentional misconduct. Consulting with a wrongful death attorney can help evaluate the merits of your case based on the circumstances surrounding the death.
The spouse of the deceased has the first right to file. If no spouse, the children or parents can file. The estate’s administrator can pursue the claim if none of these parties exist.
Evidence may include medical records, accident reports, witness statements, expert testimonies, and proof of the deceased’s economic contributions and personal relationships. An attorney can help gather and organize this evidence.
Damages may include compensation for the deceased’s “full value of life,” such as future wages, inheritance, funeral expenses, and pain and suffering.
Damages are calculated based on factors such as the deceased’s potential future earnings, funeral expenses, loss of companionship, pain and suffering, and other related costs. Expert testimony and financial documentation are often used to determine these amounts.
Georgia has a two-year statute of limitations for wrongful death lawsuits, starting from the date of death. It’s important to file your claim within this period to avoid being barred from recovery.
A medication error occurs when a pharmacist dispenses the wrong medication, or incorrect dosage, or provides improper instructions for usage, leading to patient harm.
Seek medical attention immediately, preserve any documentation or prescriptions, and contact a medical malpractice attorney to explore your legal options for compensation.
Health risks include untreated conditions, dangerous drug interactions, allergic reactions, overdose, and in some cases, death.
Yes, if you were harmed due to a pharmacist’s negligence, you may be able to file a malpractice claim against both the pharmacist and the pharmacy for compensation.
Your attorney will gather evidence such as medical records, expert testimony, and documentation from the pharmacy to demonstrate how the mistake occurred and the harm it caused.
Victims of medication errors may be eligible for compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from the error.
Yes, many medication error cases are settled out of court through negotiations. An experienced attorney can help you pursue a fair settlement without the need for a trial.
Any employee, whether full-time or part-time, who is injured on the job or while performing work-related duties is eligible for Workers’ Compensation benefits. This system covers medical expenses and lost wages.
Report the injury to your employer or supervisor immediately. If you wait longer than 30 days, you could lose out on workers’ compensation benefits. Seek medical attention from a physician approved by your employer, and collect all necessary paperwork to file a workers’ compensation claim.
You must notify your employer within 30 days of the accident. Additionally, you must file a WC-14 form with the Georgia Workers’ Compensation Board within one year of your last treatment or two years from the last benefit payment.
Yes, workers’ compensation in Georgia is a no-fault system, meaning that you can receive benefits regardless of who was at fault, as long as the injury occurred while you were performing your job duties.
In most cases, you must choose a physician from your employer’s approved list, except in emergencies, to have your medical bills and prescriptions covered by the workers’ compensation program. A lawyer can help ensure your rights to appropriate medical care are upheld.
If your injury prevents you from returning to your previous position, you may qualify for temporary or permanent disability benefits, depending on the severity of your condition.
Generally, no. Accepting Workers’ Compensation benefits typically prevents employees from suing their employer. However, you may still have a claim against a third party, such as a manufacturer of faulty equipment, for additional damages.
If your claim is denied, you can appeal the decision. It’s important to consult an experienced workers’ compensation attorney who can help you gather evidence and represent your interests during the appeal process.
All authorized doctor and hospital bills, physical therapy, prescriptions, and necessary travel expenses should be covered for workplace injuries. If you suffer a catastrophic injury, you may be entitled to lifetime medical benefits.
Nursing home abuse includes physical harm, neglect, emotional abuse, financial exploitation, and improper medical care. It can involve both active harm (hitting, sexual abuse) and passive neglect (failing to provide nutrition or medical attention).
Some common signs include repeated falls, bed sores, dehydration, unexplained weight loss, frequent infections, changes in mental status, and poor personal hygiene.
If you suspect abuse, document any signs or changes in your loved one’s condition, report your concerns to the facility management, and contact a nursing home abuse attorney. An attorney can guide you on reporting the abuse to appropriate authorities and help you gather evidence.
Abuse can be reported to local law enforcement, the Georgia Department of Community Health, or federal agencies like Medicare and Medicaid. Additionally, a personal injury lawyer can help file legal claims.
Filing a lawsuit typically involves gathering evidence of the abuse, identifying liable parties, and working with an attorney to build a case. Your lawyer will handle the legal filings, and negotiations, and represent you in court if necessary.
Yes, if your loved one passed away as a result of nursing home abuse or neglect, you may be able to file a wrongful death lawsuit. This type of claim seeks compensation for the emotional and financial impact of losing a loved one, as well as holding the responsible parties accountable.
Compensation may include medical expenses, pain and suffering, emotional distress, and in some cases, punitive damages depending on the severity of the abuse or neglect.
Generally, there is a two-year statute of limitations for personal injury claims in Georgia, but an attorney can guide you through specific time limits based on your case.
A birth injury can occur to a newborn during or just before birth due to medical negligence. This can include physical trauma, oxygen deprivation, or other severe conditions.
Medical errors cause birth injuries during pregnancy or delivery, whereas congenital disabilities stem from genetic disorders or conditions present before birth.
Examples of medical negligence that can lead to birth injuries include improper use of delivery tools like forceps or vacuums, delayed cesarean sections, failure to monitor the baby’s vital signs, or misinterpretation of test results.
Proving negligence in a birth injury case requires demonstrating that the healthcare provider deviated from the accepted standard of care, which directly caused your child’s injury. An experienced birth injury attorney can help by gathering evidence and expert testimony.
Compensation can cover medical expenses, rehabilitation costs, pain and suffering, emotional distress, and loss of future earning capacity for your child.
Generally, you have two years from the date of the injury. However, if the injury isn’t discovered until later, the statute of limitations may be extended.
Not all birth injury cases go to trial. Many are settled out of court through negotiations. However, your attorney will be prepared to take the case to trial if a fair settlement cannot be reached.
Most birth injury lawyers, including Childers, Schlueter & Smith, work on a contingency fee basis, meaning you pay nothing upfront. The attorney only collects a fee if they successfully recover compensation for your case.
A traumatic brain injury or TBI is a disruption in normal brain function caused by a blow or jolt to the head. Symptoms can range from headaches and dizziness to memory loss and difficulty concentrating.
Symptoms can include confusion, headaches, nausea, dizziness, memory problems, and in severe cases, unconsciousness, seizures, or cognitive impairments. Some symptoms may not appear immediately after the head injury.
It’s best to seek a medical evaluation after an injury to the head to be safe, but it is common for symptoms of brain injuries to appear later. As long as the injury can be connected to the accident, you may still have grounds for a legal claim.
Brain injuries are often caused by falls, motor vehicle accidents, assaults, or accidental impacts with objects. Any serious blow to the head can potentially result in a traumatic brain injury.
Proving fault involves demonstrating that another party’s negligence or recklessness caused your injury. Your attorney will gather evidence such as accident reports, witness statements, and expert testimony to support your brain injury case.
The process involves gathering medical records, proving liability, and determining the amount of damages. Your attorney will handle negotiations with insurance companies and take the case to trial if necessary.
Compensation can cover medical bills, lost wages, rehabilitation costs, pain and suffering, and, in severe cases, long-term care or disability expenses.
In Georgia, the statute of limitations for filing a personal injury lawsuit is typically two years from the date of the injury. Consult a catastrophic injury attorney with brain injury experience to confirm filing deadlines.
Personal injury lawsuits can cover thermal burns, chemical burns, and electrical burns, each of which may result from accidents involving negligence by another party, such as a defective product, unsafe working conditions, or a fire hazard.
Your burn injury attorney will gather evidence by analyzing medical records, interviewing witnesses, consulting experts, and investigating the circumstances of the incident to establish fault and demonstrate negligence.
In Georgia, the rule of modified comparative negligence allows you to recover compensation as long as you are not more than 50% at fault for the accident. However, your compensation will be reduced by your percentage of fault.
Compensation may cover medical expenses, rehabilitation costs, lost wages, pain and suffering, and long-term care for disfigurement or permanent disability resulting from the burn injury.
The value of a burn injury case depends on several factors, including the severity of the burn, the cost of medical treatment, the impact on your ability to work, and the emotional toll of the injury. Your attorney will assess these factors to estimate a fair compensation amount.
In Georgia, you typically have two years from the date of the injury to file a personal injury lawsuit. It’s essential to act quickly to preserve evidence and build a strong case for a burn injury.
Most personal injury attorneys, including Childers, Schlueter & Smith, work on a contingency fee basis, meaning you don’t pay unless your attorney successfully recovers compensation for you. This allows you to pursue your burn injury case without upfront legal fees.
Various events, including vehicle accidents, falls, sports injuries, and medical malpractice can cause spinal cord injuries. These injuries may involve stretching, lacerations, or punctures to the spinal cord, leading to serious long-term effects.
After seeking immediate medical attention, it’s important to contact a spinal cord injury attorney as soon as possible to help protect your legal rights. An attorney can help gather evidence from the accident, obtain witness statements, and gather medical records to build a strong case.
Long-term effects can include partial or total paralysis, chronic pain, loss of motor skills, and impaired bodily functions like bladder and bowel control. Many individuals also face ongoing emotional and psychological challenges due to lifestyle changes.
Some spinal cord injuries may heal over time, while others are permanent. Regardless of severity, spinal cord injury victims have the right to seek legal compensation for the physical, emotional, and financial impacts of their injuries if caused due to someone else’s negligence.
Liability is determined based on evidence showing that another party’s negligence or wrongful actions caused the spinal cord injury. Your attorney will investigate the circumstances of the accident, gather evidence, and consult with experts to establish fault and build your case.
If a spinal cord injury is caused due to negligence by others, you may be entitled to economic damages like medical expenses, long-term care, and lost wages. Non-economic damages could include compensation for emotional trauma, loss of companionship, and diminished quality of life.
No, many spinal cord injury cases are resolved through settlements outside of court. A skilled catastrophic injury attorney can negotiate with responsible parties or their insurers to reach a fair settlement. However, if an agreement cannot be reached, the case may proceed to trial.
You may have a case if another driver’s negligence caused the accident. Common examples of negligence include breaking traffic laws, distracted driving, or driving under the influence. A car accident attorney can assess your case to determine if you’re eligible for compensation.
Seek medical attention, document your injuries and the accident scene, cooperate with law enforcement, and preserve any evidence. Avoid speaking with the other driver’s insurance company before consulting a car accident attorney.
In Georgia, the statute of limitations for filing a car accident claim is typically two years from the date of the accident. If you miss this deadline, you may lose your right to seek compensation.
You can pursue compensation for lost wages, medical bills (hospital stays, rehabilitation, and procedures), pain and suffering, and other expenses related to your car accident injuries.
If the at-fault driver is uninsured or underinsured, you may still recover compensation through your own uninsured/underinsured motorist (UM/UIM) coverage, if you have it. A car accident attorney can help explore your options.
Yes. Under Georgia’s comparative negligence rule, you can recover compensation if you’re less than 50% at fault. However, your compensation will be reduced by the percentage of fault assigned to you.
It’s best to consult with a car accident attorney before accepting any offer to ensure you receive the full compensation you deserve. Insurance companies often offer low settlements to minimize their payouts.
A contingency fee means your lawyer only gets paid if they recover compensation for you. There are no upfront fees, and the lawyer’s payment is typically a percentage of the settlement or court award.
After a pedestrian accident, prioritize your health by seeking medical attention. If possible, gather evidence, including photos, witness contact information, and a police report. Then, contact an attorney to protect your legal rights.
Fault typically lies with the driver, but pedestrians can share responsibility if they do not follow traffic rules, like crossing outside a crosswalk. A pedestrian accident attorney can help clarify liability and ensure fault is determined fairly.
Jaywalking is when a pedestrian crosses or walks in the street unsafely or illegally. If you were jaywalking, you might be partially responsible, but you could still pursue compensation in a pedestrian accident. Georgia’s comparative negligence rule may reduce your recovery based on your percentage of fault, but a lawyer can help you fight for a fair settlement.
Pedestrian accidents can cause serious injuries, including broken bones, traumatic brain injuries, spinal cord damage, internal injuries, and lacerations. These injuries often require extensive medical treatment and recovery time.
You may pursue compensation for medical bills, lost wages, pain and suffering, emotional distress, and long-term effects like permanent disability or disfigurement. A pedestrian accident attorney can help calculate the full extent of your damages.
In Georgia, you typically have two years from the date of the accident to file a personal injury claim. Failing to file within this period could prevent you from recovering compensation for a pedestrian accident.
Hiring an experienced attorney can help you gather evidence, negotiate with insurance companies, and ensure that you receive the full compensation you deserve for pedestrian accident injuries. Without legal representation, you may face challenges that could affect your recovery.
Seek medical attention, document the scene (if possible), gather witness information, and contact a bicycle accident lawyer. It’s important to avoid giving recorded statements to insurance companies before consulting legal counsel.
You may recover damages for medical expenses, lost wages, property damage, pain and suffering, and emotional trauma. In cases of extreme negligence, punitive damages may also be available for bicycle accident injuries.
Your claim should include detailed medical records, evidence of lost wages, repair or replacement costs for your bicycle, and documentation of pain and suffering. Gathering witness statements and police reports can also strengthen your claim. A bicycle accident attorney can assist in gathering the required evidence to build a strong case for compensation for your injuries.
Evidence such as traffic camera footage, witness statements, police reports, and accident reconstruction expert opinions can help prove the driver’s fault. An experienced bicycle accident attorney can help gather and present this evidence effectively for your personal injury case.
If the at-fault driver is uninsured or underinsured, you may be able to recover compensation through your own insurance policy, if you have uninsured/underinsured motorist coverage. Your attorney can help explore all available options for compensation for injuries.
After suffering injuries in a bicycle accident, it’s imperative to seek legal help as soon as possible. In Georgia, the statute of limitations for filing a bicycle accident claim for injuries is two years from the date of the accident. After this deadline, you may lose your right to pursue compensation.
Georgia’s comparative negligence law allows you to recover compensation for bicycle accident injuries as long as you are less than 50% at fault. However, your compensation will be reduced by the percentage of fault assigned to you.
Many personal injury lawyers work on a contingency fee basis, meaning they only get paid if you win your case. The fee is typically a percentage of the compensation you receive. Be sure to discuss the fee structure with a bicycle accident attorney during your initial consultation.
After a motorcycle accident, prioritize your safety by seeking medical attention immediately, even if injuries seem minor. Gather evidence, take photos of the scene, and report the accident to the police. It’s also important to contact a motorcycle accident lawyer as soon as possible to protect your rights.
Who is at fault in a motorcycle accident is determined based on various factors, including police reports, witness statements, traffic laws, and sometimes accident reconstruction. An experienced attorney can help gather this evidence and establish liability.
You may be entitled to economic damages such as medical bills, lost wages, and property damage, as well as non-economic damages like pain and suffering, emotional distress, and loss of enjoyment of life if you are injured in a motorcycle accident.
Yes, you can still file a motorcycle accident claim. However, not wearing a helmet may affect your compensation, especially if you suffered head injuries. Georgia law requires motorcyclists to wear helmets, and not doing so might impact your case, depending on the circumstances.
In a hit-and-run accident, you may still be able to recover compensation through your own uninsured motorist coverage. It’s important to report the incident to the police and consult a lawyer to explore your legal options.
Economic damages cover tangible losses like medical expenses and lost wages. Non-economic damages include compensation for pain and suffering, emotional anguish, and reduced quality of life.
Georgia generally has a two-year statute of limitations for personal injury cases, meaning you have two years from the date of the motorcycle accident to file a lawsuit. Failing to meet this deadline could bar you from recovering compensation.
Most motorcycle accident cases are settled through negotiations before going to trial. However, if a fair settlement can’t be reached, your case may proceed to trial. A lawyer can advise you on the best course of action and will be prepared to take your case to court if necessary.
If you’ve been injured in a truck accident caused by someone else’s negligence, you likely have a valid claim. An attorney who specializes in truck accident lawsuits can review the details of your case to determine the strength of your claim and advise you on the best course of action.
Key evidence includes police reports, medical records, photographs of the accident scene, witness statements, and truck maintenance records. Gathering comprehensive evidence is essential for building a strong truck accident case.
Multiple parties may be responsible for a truck accident, including the truck driver, the trucking company, contractors, or even maintenance providers. An attorney will investigate all parties involved to determine liability.
The trucking company may be liable for the accident if it failed to enforce safety regulations, provided inadequate training, or was involved in other negligent practices. They are often a key party in trucking accident cases and typically have their own legal team.
You may be eligible for compensation covering medical bills, lost wages, pain and suffering, and any other expenses related to the truck accident. Each case is unique, so an attorney can help determine what damages apply to your situation.
You have two years from the date of the accident to file a lawsuit. This time frame is known as the statute of limitations, and missing this deadline may forfeit your right to seek compensation.
Many truck accident lawyers operate on a contingency fee basis, which means they only receive payment if you win your case. This approach allows you to seek legal help without worrying about upfront costs.
It’s best to refer all communications with the insurance company to your attorney. Insurance companies often attempt to minimize their payouts, and your lawyer will handle negotiations to protect your interests.
Premises liability refers to the legal responsibility that property owners have to ensure their property is safe for lawful visitors. If they fail to address hazardous conditions and someone is injured, the injured party may file a premises liability claim.
Injuries from slip-and-fall accidents, tripping hazards, faulty railings, inadequate lighting, gas leaks, and other unsafe conditions may qualify for a premises liability claim. The key is proving the property owner’s negligence caused the injury.
To prove negligence, you must show the property owner knew or should have known about the hazardous condition and failed to fix it or warn visitors. Evidence like surveillance footage, witness statements, and maintenance records can help establish negligence.
An invitee is someone invited onto the property for business or personal reasons (like a customer). A licensee enters for their own purposes but with the owner’s permission, while a trespasser enters without permission. Property owners owe the highest duty of care to invitees.
Yes. Georgia follows a modified comparative negligence rule, meaning you can still recover compensation if you were less than 50% at fault for the accident on someone else’s property, though your recovery may be reduced by your percentage of fault.
Key evidence includes photos or videos of the hazard, witness statements, medical records, and bills. Gathering this evidence early is crucial for building a strong case.
The statute of limitations for premises liability claims in Georgia is typically two years from the date of the injury. Failing to file within this time frame may prevent you from pursuing compensation. A lawyer specializing in premises liability cases can ensure you meet any filing deadlines.
You may be entitled to compensation for medical expenses, lost wages, pain and suffering, and in cases of permanent injury, future medical care or in-home assistance.
Make sure to get the dog owner’s contact information and gather other evidence such as taking photos of the dog, your injuries, and the location where the attack occurred. Even if the bite seems minor seek medical attention, and keep documentation from all medical visits. Contact animal control and the police to report the incident, and schedule a consultation with a dog bite attorney to discuss possible legal options that could help secure compensation to pay for your injuries.
Georgia dog owners are generally responsible for any injuries caused by their dogs. In some cases, homeowner’s or renter’s insurance policies cover dog bite incidents, so the insurance company will handle the compensation for injuries rather than the dog owner personally.
Even if the dog has no history of biting, the owner can still be held liable if the dog previously displayed aggressive behaviors like lunging, growling, or snapping, which show a tendency to be dangerous.
You can seek compensation to cover medical expenses, lost wages, pain and suffering, emotional distress, and in severe cases, disfigurement or permanent scarring.
You need to show evidence of the dog’s prior aggressive behavior, such as previous bites or complaints. An experienced attorney can help gather this evidence through records, witness testimony, and animal control reports.
The statute of limitations for filing a dog bite claim in Georgia is typically two years from the date of the attack. It’s important to consult an attorney as soon as possible to ensure your case is filed on time.
You should seek immediate medical attention and keep all bills and medical reports. If possible, document the accident location by taking photos, gathering witness information, and notifying the pool owner. Contact an attorney to discuss legal options for securing compensation to help pay for your injuries
The pool owner, operator, or property manager may be liable if they fail to maintain a safe environment. Liability could arise from issues such as inadequate fencing, lack of supervision, poor maintenance, or failure to post proper safety signage.
Key evidence for a swimming pool accident lawsuit includes photos of the pool area, witness statements, maintenance records, and documentation of missing or faulty safety measures like fencing, lighting, or lifeguards. Expert testimony can also be helpful in proving negligence.
You can seek compensation for medical expenses, lost wages, pain and suffering, emotional distress, and any long-term rehabilitation or care needs resulting from the swimming pool accident injury.
In Georgia, you typically have two years from the date of the accident to file a personal injury lawsuit. It’s important to contact an attorney promptly to ensure all legal deadlines are met.
Lack of proper supervision, particularly in public or commercial pools, can lead to serious accidents. If a lifeguard is absent or inattentive, the pool owner or operator may be held liable for failing to provide adequate safety measures.
Yes, if your swimming pool accident results in long-term or permanent injuries, such as paralysis or brain damage, you can seek compensation for future medical care, loss of earning capacity, and other long-term expenses related to your injury.
A negligent security claim arises when a property owner fails to take reasonable security measures to protect visitors, and a criminal act occurs as a result.
Property owners may be expected to implement fencing, lighting, security cameras, gates, or even security guards, depending on the risk of criminal activity in the area.
You must show that similar crimes have occurred recently in the area and that the property owner should have reasonably predicted the risk and taken steps to prevent it.
Yes, negligent security claims can involve both private and public properties. If the entity responsible for maintaining a public space fails to provide reasonable security measures, you may have grounds for a claim.
You can seek compensation for medical expenses, lost wages, physical pain, emotional distress, and psychological trauma related to the crime.
A criminal conviction of the perpetrator is not required to pursue a negligent security claim. Your claim focuses on the property owner’s failure to take preventive security measures, not the criminal proceedings.
You must file a WC-14 form with the Georgia State Board of Workers’ Compensation to initiate a claim. Ensuring the form is filled out correctly is essential to avoid delays or denials.
In Georgia, your employer must provide a list of authorized healthcare providers. You can choose a doctor from this list. If no list is provided, you may have more flexibility in selecting your doctor.
Yes, workers’ compensation should cover all necessary medical treatments related to your workplace injury. However, insurance companies may try to limit their financial responsibility, so having legal representation can ensure you receive proper coverage.
The duration of workers’ comp benefits depends on your injury’s severity. Temporary total disability benefits can last up to 400 weeks, while permanent disability benefits may continue for life in some cases.
