Atlanta Personal Injury FAQ


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Personal Injury

Personal injury relates to torts. A tort is a wrongful action that infringes on the rights of another person. In personal injury, torts normally are associated with negligence that results in a physical injury to a victim (known as the “Plaintiff”), and can also occur through intentional conduct, such as a battery which causes physical injuries to the victim.
Personal injury cases conclude either with a settlement, or a verdict (appeals are the exception). There is no set timeline for how long it takes for a personal injury case to come to a conclusion. Generally, if the facts of a case create a clear picture of liability and damages, such a case would be more likely to resolve quicker. However, keep in mind that your damages may be accumulating over the time while the case is pending and it is important that you obtain everything that you are entitled to under the law, this takes time.
Attorneys have the ability to choose their own fee structure in accordance with the laws of the state. Personal injury cases normally use a contingency fee. A contingency fee means that the attorney does not get paid unless he recovers money for you in your case. Normally contingency fees are based on a percentage of the amount of money that the attorney recovers for the client.

If you have been injured, it seems like a simple question, but the answer is more complicated than most think. That is why it is crucial that you speak with an experienced Atlanta personal injury attorney who understands the legal system and can provide you with an answer about what to expect.

Wolfe Law Group has experience handling complex personal injury cases and has brought together a team of skilled legal experts to ensure each client is given the care, compassion, and top-notch legal representation they deserve.

Before discussing how much a personal injury claim may be worth, it is essential to understand the basics of what constitutes a personal injury claim.

An accident caused by someone else’s reckless or negligent behavior, or any accident caused by someone else that causes harm to you or someone you love. Some examples of personal injury accidents include:

If you have been injured in an accident caused or contributed to by someone else, Wolfe Law Group can help determine how much your personal injury claim might be worth.

Determining the value of a personal injury claim is a complex process with many moving parts. To accurately estimate the value of your claim, we start with the expenses you have already incurred due to the accident. Then we start the complex process of determining an accurate value for future expenses you might incur as a result of the accident. Some considerations include:

  • The estimated length of recovery
  • The number and severity of injuries
  • Any property damage incurred during the accident
  • Care or support needed for the future
  • Will you be able to return to work in the same capacity after your accident?

The Wolfe Law Group is passionate about helping personal injury victims get the compensation they deserve after an injury. We are honored by the trust our clients place in us during a vulnerable time.

In the end, you should be compensated for all expenses related to the accident, both now and in the future. Expenses can cover a broad range of things, including:

  • Emergency medical care
  • Surgeries
  • Ambulance and other transportation fees
  • Follow-up medical care
  • Physical therapy
  • Replacement income during the recovery process
  • Future income if you cannot return to the same type of work
  • Pain and suffering

Above are just a sampling of what you should be compensated for after an injury. Expenses can add up quickly, and insurance companies are good at protecting their bottom line, so they will work hard to deny as many claims as possible.

Our experienced team of professionals at Wolfe Law Group knows how to deal with insurance companies, whether negotiating a settlement or filing a personal injury lawsuit if they are unwilling to offer a fair settlement.

A notary is someone trained and licensed by the state to ensure that the signatures on documents are legitimate. A notary will require:

  • Proof of ID—a notary, records details about the ID document provided by a signer
  • No coercion—Notaries are asked to look for signs of coercion or duress.
  • Capability to make sound decisions—Notaries verify that signers have the legal capacity to sign. If the signer is intoxicated, medicated, or unable to understand the document, it should not be noted.

Notary publics require a witness and keep a record of the signed document to ensure the process is not fraudulent and to assure notarized documents can be trusted by the parties who requested them.

Having a notarized document means that your signature has been vetted, witnessed, and recorded by a notary. We have a licensed notary at Wolfe Law Group, saving you the time and trouble of finding a notary for important documents related to your case.

If you have been involved in a personal injury accident in Atlanta, it is common to wonder whether you will have to go to court to receive the compensation you deserve. The answer isn’t straightforward, as it will ultimately depend on the other side’s willingness to negotiate a fair settlement. Wolfe Law Group is skilled at high-level negotiations and will work hard to gain fair compensation for your injuries without going to court.

However, if it is necessary to file a lawsuit on your behalf, we have an excellent trial team ready to take the case before a jury. Your attorney will be in contact with you through each phase of the case, and the decision about whether to go to court will ultimately be up to you. If a trial is necessary, our team will make sure you are well-prepared for any testimony you may need to provide.  

A deposition is a question and answers session under oath but outside a courtroom. You can be subpoenaed for a deposition as the plaintiff, defendant, or witness. The process can seem daunting, but you have nothing to fear with a skilled attorney to prepare you for giving a deposition.

In Georgia, the scope of a deposition is established by state and local rules. Generally, parties can ask questions concerning anything relevant to the lawsuit that isn’t protected by privileges, such as information covered by attorney-client and patient-doctor confidentiality.

If you are subpoenaed for a deposition related to a personal injury case, consult with Wolfe Law Group and discuss any sensitive issues before the deposition.

What to expect during a deposition?

Depositions normally take place at a law firm’s office unless it requires extensive travel for the deposed party. Then, it might take place at a court reporter’s office or another third-party location. Depositions will include, but are not limited to:

  • The deposing party and their attorney
  • The person being deposed and their attorney
  • A court reporter

After introductions, the deposing party will begin by asking questions. General questions to expect in any personal injury lawsuit include:

  • Background information such as your name, date of birth, and address.
  • Prior injuries will be questioned and explored.
  • Questions about medical treatment and results will be asked.
  • Details about how the accident occurred will be explored, and it is not uncommon for records to be introduced. For example, your cell phone records may be produced if there are questions about texting and driving.


A deposition is not the place to tell your side of the story. Your attorney will instruct you to limit your answers to the questions asked and refrain from volunteering extra information.

Each judge sets their own standards for what is, and is not, permissible to wear in court. In Atlanta, inappropriate attire can result in you never making it past security. Making the best impression possible is in your best interest, and how you dress for court will play a role in that impression.

Appropriate dress for the courtroom can best be described as business casual. Tasteful, appropriate clothing is always the best choice for a court appearance. Flip flops, shorts, torn jeans, or clothing with offensive sayings are all prohibited in many courtrooms. Hats of any kind (except religious observations)) are frequently forbidden as well.

If you have any questions or concerns about what to wear to court, please discuss them with your attorney or staff prior to your court appearance.

You can file a third-party claim through the other person’s insurance company. Their liability coverage will cover any damage caused to your vehicle if the other driver is clearly at fault and agrees to it. Contact your insurance company to alert them about the incident and the third-party claim you’re making. If a person lacks insurance or has minimal liability coverage, things can get complicated. Talk to us.

Yes! Inform your own auto insurance company of the accident. The sooner you notify your insurer in Atlanta, the better your chances are of protecting yourself and your insurer in the event of a claim. Insurance contracts require you to provide them with a recorded statement. Before giving any statements, consult with an Atlanta car accident attorney if you have sustained a severe injury. Then make your statement.

Georgia is a “fault” state, so if you are injured by a negligent driver on a Georgia highway, the negligent driver will be held responsible. In Georgia, the law decides how an accident is resolved, and the at-fault driver’s policy determines how medical benefits and lost wages are paid.

If you’ve been in an auto accident, you should always follow the standard automobile accident checklist.


  • Ensure the safety of your passengers and check for injuries


  • Contact the police and emergency services


  • Take photos if you can to document the damage


  • Get information from the other party


  • Tell them you are out of state when you contact your insurance provider. You may be covered for additional costs, such as a tow truck, if needed, depending on your insurance policy. In addition, your insurance can guide you to the nearest repair shop and help answer questions you may have about your coverage.


  • Speak with a qualified Atlanta car accident attorney
  1. You can order online from the Georgia Department of Transportation. When you request your GDOT crash report online, you must provide GDOT with information about the accident and the specific driver or vehicle involved. Besides providing your name, mailing address, and email address, you will need to pay a $5 fee per report. You can mail in the form “Individual Request for Crash Report” with a $5 check or money order.
  2. CrashDocs, LexisNexis, etc., are excellent sources of reliable information. However, the website can be challenging to navigate and does not contain all the police agencies in Georgia–less than 50%.

In Georgia, there is no legal limit on special damages. As part of compensation in personal injury cases, the victim is reimbursed for the costs of repairing the harm caused. The extent of the injuries suffered by people who are injured in Georgia determines the damages they may seek from a negligent party. Georgia Code imposes damage caps on specific types of damages.

Special Damages

The following special damages are common:


  • Future economic losses
  • Household services
  • Rehabilitation
  • Medical bills
  • Lost wages
  • Property damage
  • Lost earning capacity
  • Any other out-of-pocket expenses

General Damages

The following are examples of general damages in personal injury cases:

  • Loss of consortium
  • Loss of enjoyment of life
  • Disfigurement
  • Pain and suffering
  • Emotional anguish
  • Disability; or
  • Reputational damage

If you sustain damages, you may receive a settlement or verdict, and you may be eligible for:


  • Medical expenses, both past and future
  • Wages lost past and present
  • Property damage
  • Income declines
  • Pain and suffering
  • Your Rights Are Protected


  • You do not pay until we win your case


  • Our Focus is Always on Maximum Compensation


We offer our clients legal advice and counseling. Cases arising out of accidents can affect your personal life directly. The Wolfe Law Group helps you understand the practical repercussions of all the legal decisions. Throughout the process, we make sure you know what is happening and what results you can expect when the case is closed.

Georgia defines pain and suffering as physical or mental anguish, and damages are based on the severity of the injury. Even if you are in an auto accident and require time to recover, or if the accident leaves you in a wheelchair for the rest of your life, you may receive compensation for damages. Contact Justin Wolfe to determine whether you qualify to claim for Personal Injury.

According to Georgia law, a plaintiff seeking punitive damages must prove willful misconduct, malice, fraud, wanton, oppression, or carelessness from the other party. Punitive damages punish, punish, or discourage a defendant. As a general rule, punitive damages in Georgia are limited to $250,000 unless the defendant specifically intended to cause harm. Other provisions apply to products liability claims.

Don’t worry. It may be possible to pay your medical bills out of a settlement or a trial win, but this could take months. Some health care companies may allow you to pay your bills out of your settlement if you explain you don’t have insurance.

You can also request a payment plan until your case is settled–monthly payments. To receive a larger settlement, a skilled personal injury attorney can negotiate with hospitals to reduce the number of medical bills you owe. The most effective way to get the most significant settlement amount is to use your health insurance coverage.

When you hire a personal injury attorney, the attorney will help you locate doctors and specialists who will treat you daily, including physical therapists, neurologists, and other medical professionals. Here, you will reimburse the doctor if your case settles or if you win at trial.

When the insurance company receives your medical records, one of the first things it will check is whether you missed any medical appointments. There will probably be a note in your medical record if you miss a doctor’s or therapy appointment.

Yes! If you can. Pictures are the best source of evidence in personal injury cases.  Take as many as possible.  We recommend taking many photos of the scene of your accident, the parties involved, and photographs of your injuries.

Lawyers who specialize in personal injury cases earn money either by winning cases in court or settling claims out of court. Most personal injury attorneys charge a contingency fee for their services. The fee depends on how the case turns out with a contingency fee arrangement. If the case is successful, the fee is paid from the settlement or award.

Contacting an Atlanta personal injury attorney for a free case evaluation is the only way to be sure. Contact Wolfe Law Group immediately for a complimentary personal injury claim consultation if you have been injured and believe another party may be at fault. State-by-state personal injury law and case-by-case statutes of limitation periods vary. Do not miss out on getting the best results for your personal injury claim. You cannot sue after the statute of limitations has expired, regardless of the severity of your injury.

Call Wolfe Law Group to find out if your personal injury case has merit and how we can help you get the compensation you deserve. Suffering injuries during an accident does not automatically grant an individual the right to pursue a personal injury claim. Therefore, an Atlanta personal injury attorney may be the best fit to determine if you have a case. To qualify for an Atlanta personal injury compensation, the injury claim must meet specific requirements, including:

  • Evidence of negligence by the responsible party-For example, a driver who runs a red light and collides with another vehicle would be liable if an accident occurs. By following traffic laws, they may have prevented the Atlanta car accident.
  • The negligent action directly resulted in your injuries-If this is the case, you must prove you got injured in the accident.
  • The injury must have resulted in severe damages-You would need to prove that you suffered pain and suffering or lost wages because of your injuries.

The most common type of claim relates to medical bills after what seems to be an accident, usually happening in a car. You may be able to resolve a car accident case through settlement, but some require filing of a personal injury lawsuit. Either way, the most important step apart from hiring the right law firm is seeking the medical treatment that you need.

A personal injury case is not limited to just a car accident. Personal injury law also includes catastrophic injury, birth injury, traumatic brain injury, medical malpractice, product liability and wrongful death, for example. Negligence comes in many forms. The common denominator in all of these types of personal injury claims is an injured person.

Personal injury lawyers are here to hold accountable the defendant who is the at fault party by getting clients the compensation they deserve. It is important that you hire a personal injury lawyer willing to help an injury victim even when it means filing a lawsuit and taking the case to trial.

The right law firm will help its clients get the each type of damage the client is entitled to. An accident victim with right experienced personal injury attorney can have a fighting chance to recoup each medical expense, compensatory damages, economic damages, and maybe even punitive damages.

Sometimes the insurance company whom your fighting will not even agree to pay enough to cover the balance of the medical bills of the injured person. In some of these cases a settlement is not an option. That is often when personal injury lawsuits are filed.

If a personal injury lawsuit is filed your personal injury attorney will draft a Complaint that includes facts about how the at fault party is responsible for the damages the accident victim incurred. The next part of the personal injury lawsuit involves discovery. In the discovery process your personal injury lawyer will seek evidence to eventually be tendered at trial in the future to prove what the defendant must pay upon a favorable jury verdict.  Some of the evidence your lawyer will seek to obtain includes your medical records.

The best way to know whether you have a personal injury case is to call personal injury law firm Wolfe Law Group. Talk to our attorney and get the best legal advice for your claim. You can reach the law firm right now at (404) 348-0884.

If you are looking for a personal injury attorney for a wrongful death claim, first and foremost our condolences go out to you for the loss of your loved one. When a defendant has caused the death of another person, either through carelessness or deliberate conduct, a wrongful death lawsuit may be necessary to win the compensation you deserve. Wrongful death claims under Georgia law allow a deceased person‘s estate or family members to sue the legally responsible party for their death. This can be found under the Georgia wrongful death act at O.C.G.A. §51-4-2.

Wrongful death law can arise through many different fact patters and series of events.

  • Medical misconduct
  • Head injuries
  • Workplace accidents
  • Product liability
  • Catastrophic injury
  • A car accident

Essentially a personal representative. When a decedent dies suddenly due to an accident, their close family members have the right to initiate a wrongful death lawsuit. A decedent‘s surviving spouse usually files a wrongful death lawsuit

If there is no surviving spouse, the lawsuit can be brought by a surviving child. If the individual who died was a minor child, the child’s parents could file a wrongful death claim on their behalf. If the decedent has no children, a surviving spouse, or parents, the wrongful death claim might be brought by the estate administrator, i.e., an estate claim.

Damages in wrongful death cases can be classified as economic, non-economic, or punitive. The amount of compensation recovered in a wrongful death claim varies significantly from state to state. In some states, there are limits to the type and amount of wrongful death damages that can be claimed.

Consulting a qualified Georgia wrongful death attorney is the first step to finding out what damages you may be entitled to from the wrongful death claim. In a Georgia wrongful death case, Georgia’s wrongful death act will apply. The statute entitles the family of the person who died to make a wrongful death claim for “the full value of the life of the decedent.” O.C.G.A. §51-4-2.

  • Health insurance and retirement
  • The decedent’s lost income
  • The loss of companionship and support they would have provided to loved ones
  • Loss of consortium
  • The decedent’s lost earning potential

The value of any wrongful death settlement will certainly depend on these factors and many others. The evidence that is revealed during the wrongful death claim will influence its value.

If you have lost a loved one and are looking at wrongful death lawyers, you will need a law office that you can trust. Whether your loved one passed away as a result of a defective product, medical malpractice, or a car accident, our Atlanta wrongful death lawyer is here to pursue justice for your lost loved one. It may be the case that your Georgia wrongful death claim may need to be litigated. That’s why Wolfe Law Group is here to help. Our attorney will not hesitate to file a wrongful death action whenever appropriate.

What are you waiting for? Let our attorney review your claim today. The decedent does not deserve another injustice.

Damage is a necessary part of every personal injury case. Even in an auto accident case, damage is a necessary element. A normal personal injury lawsuit revolves around compensatory damages intended to recompense the plaintiff for the harm inflicted by the defendant. These are also known as general damages. The more serious your accident and injuries, the more important proving these damages can be. Particularly keep this in mind if you have suffered a catastrophic injury.

A personal injury attorney has many methods of proving what general damages an injured person may be entitled to in his or her personal injury claim. Pain, suffering, mental anguish, and emotional distress are all parts of general damages.

It is important to understand that while injury victims should focus on their medical care and healing, it is very important to keep your personal injury lawyer up to date on a regular basis during an injury case. One way an accident victim can help his or her attorney build a picture of their general damages is through pictures of the injury or injuries they have sustained.

In injury claims it is also a good idea to keep a diary that documents pain. By keeping a pain journal injury victims will be better able to discuss their loss of enjoyment of life, suffering, physical injury and pain, and emotional distress. This can be critical when your personal injury lawyer is ready to conduct your direct examination at trial.

Remember, ultimately if your case goes to trial, a jury will decide your damage award for your accident. It will be difficult for a jury to understand what compensation a personal injury victim deserves if they do not have a clear understanding of the victim’s emotional distress.

Again, this is why it is a best practice to keep the pain journal from the beginning immediately after your accident when you first realize that you have sustained a personal injury. Your personal injury lawyer is not a mind reader even though he is an expert on personal injury law. For this reason, during your personal injury case you will need to periodically tell your lawyer about both your accident, and your continued suffering and mental anguish. This means checking in on a regular basis to discuss your loss with your attorney so that he can have the best chances to get you the personal injury compensation deserved.

The other type of financial compensation that can be sought as damages relate to financial loss in the forms of medical bills and lost wages (both past and future). These are collectively known as special damages, i.e., economic damages. A Plaintiff can seek both compensatory damages and special damages. Special damages must be proven with specificity. Your lawyer will obtain all of your medical expenses from your medical providers. As for your lost wages, it can be helpful to give your prior tax returns to your personal injury attorney. The tax returns can be used to show your economic loss as compared to your prior earnings. Another way your attorney may show your economic damages as related to your lost wages includes providing you with a lost wages sheet to have completed by your employer. The sheet should document your pay rate and lost days of work since the beginning of your personal injury claim.

Demands, mediation, and a possible claim settlement will all be part of the wrongful death legal procedure. If a settlement cannot be reached, a lawsuit might be launched to bring the dispute to trial. Remember, compensatory damages do not have to be proven with an exact figure, but economic damages must be calculable.

The loss of a loved one can be heart wrenching. We consider a wrongful death case to be a catastrophic injury. Punitive damages are designed to punish the offending party. In the context of a trial where personal injury damages are at issue, the trial is normally bifurcated. This means that the initial trial will determine liability and negligence of the defendant, general damages, and special damages. In the second phase of the trial, the Defendant will be put on trial for punitive damages. In wrongful death actions, the deceased’s heirs or relatives are considered in their own right. The law acknowledges that the deceased’s heirs or relatives were robbed of the deceased’s affection, companionship, and, in many cases, income and permits them to seek compensation

In every wrongful death lawsuit, there is at least one deceased witness. In many situations, numerous parties have died, and there are serious doubts about the cause of the tragedy. As a result, determining whether a third party examined the accident can be critical.

With a certified death certificate, the personal representative demonstrates that a human being lost their life to initiate a wrongful death complaint. In the instance of medical negligence, the court will demand an expert witness certification at the time of the lawsuit filing.

It is essential not to hurry your personal injury case if you want to receive the full amount you deserve for medical expenses, lost wages, lost earning capacity, pain and suffering, and interference with everyday activities. Your Atlanta personal injury attorney may recommend a strategy that includes waiting until you have completed most of your medical treatment before filing a claim or suing the insurance company. Patience can sometimes benefit your personal injury case, so feel free to ask your Atlanta personal injury lawyer whether it is best to move your personal injury claims forward with greater or less speed.

Personal injury law often involves looking many steps into the future. For an accident victim, especially one with a severe injury, it can be difficult to focus many steps into the future while in pain and seeing medical bills pile up. However, rest assured that a top Atlanta personal injury attorney is planning out next steps with your best interests in mind. One thing a personal injury lawyer considers is whether a denial of liability or refusal to comply with a settlement demand by an insurance company would result in it ultimately being exposed to a bad faith case from their own insurer (the Defendant in your personal injury case).

The reason qualified personal injury lawyers consider future bad faith for the at-fault party is because an excess verdict from a personal injury lawsuit does not guarantee a client will get the money from the defendant or their insurance company. This is especially disheartening when a jury has made an “official” decision really is fair compensation for the damage sustained by the accident victim.

An experienced personal injury attorney may tell you not to settle and instead wait and go to trial where there is such a great chance that a bad faith claim will later exist after a trial and verdict. These verdicts can be worthwhile for injured victims.

Even if an injury claim does not settle after an intial settlement demand, your Georgia personal injury lawyer will probably encourage you to continue seeking medical care throughout the duration of your claim if you continue to experience pain.

Your Atlanta car accident attorney will advise you based on your specific circumstances. Most insurance companies only offer you a fraction of what you may be entitled to for your losses at the outset of your personal injury claim. The right Atlanta personal injury attorney can explain your options to you and represent your interests against the insurance company‘s interests.

Another factor that comes into play following a personal injury accident is what an accident victim‘s medical records state within the records. For example, in a spinal cord injury case, the amount of future medical bills to be incurred may not be readily apparent until after months of medical treatment. A catastrophic injury can produce a similar circumstance. Each medical expense has to be taken into account.

The complexity of the type of case you have and what negligence was involved can dictate how long a case will take. For example, a product liability case can involve tracking down the chain of custody of the product in question, deposing many experts, and extended discovery period for such depositions.

A wrongful death case can sometimes take very little time when the negligence of the Defendant is clear, liability is accepted, and the policy limits of the case are easily obtainable. In other circumstances, if a large insurance policy is present, or if the circumstances behidn the death of the loved one create a question as to liability, it can take longer to obtain compensation for the client.

A personal injury claim where punitive damages may be involved can also take longer. Most people do not know, but punitive damages trials are usually bifurcated. This means that the main case will be tried, and then the punitive damages portion of the claim will be tried separately.

Most clients want faster results, and so do we! Our fee is based on how quickly you get results. However, sometimes we take longer to get the most successful outcomes for our clients.

In our experience, Atlanta personal injury cases take between 3 weeks and two years to be resolved after our firm becomes involved with them. A trial usually takes more than a year if you have to take your case to trial. It takes longer to resolve complex cases (e.g., those involving multiple defendants or companies) than person-versus-person Atlanta car crash cases. Sometimes a Georgia personal injury claim can even be appealed and this can take cause a case to drag on, even if its just a car accident case

An Atlanta car accident attorney will help you decide whether securing full compensation is worth waiting for or whether it is possible to resolve the case quickly. Our law office is here to help-give Wolfe Law Group a call now for a free consultation to evaluate your case.

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