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Atlanta Personal Injury FAQ


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Personal Injury FAQ

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.

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The good news is that you do not owe the attorney any money up front, because injury cases use a contingency fee structure. There is no retainer to be paid, and you do not pay for hourly billing. Your attorney gets paid only if you win (whether through settlement or verdict).

An experienced injury lawyer will be offer to advance your case in a manner that a lay person cannot. At a minimum, it is strongly advised that you speak to an attorney to understand your rights before you speak to anyone else about your accident, especially insurance company representatives.
Every day, people use the word “negligence” to describe the conduct of people and businesses who they feel have not acted in an appropriate way. However, “negligence” is actually a legal term of art and a basis for filing a civil lawsuit if it can be proven. Proving that a party is negligent often times is not so simple. Negligence can be summed up as showing that someone (a person or business) had a duty to act in a certain way, that they failed to act in that way, and that their failure to conform to that duty actually and legally caused harm to a victim (known as the “Plaintiff”) in the form of damages.
Damages is the legal term used to describe the money that law requires a party to pay for the breach of a duty and the harm that is caused by the breach or violation of that duty. There are different types of damages. These include general damages for pain and suffering, and special damages that compensate for things such as medical bills, and lost time from work. Punitive damages are not meant to compensate the injured party, rather they are imposed by the law to punish the defendant for egregious conduct
When a Plaintiff suffers a loss due to the wrong of another, he or she may be entitled to compensation for the losses incurred. The compensation is referred to as damages in the context of civil law. You may be entitled to damages if you have experienced: pain and suffering, lost wages, and/or medical bills related to injuries. Punitive damages may be awarded by a jury who finds that a defendant has acted in an egregious manner and/or in bad faith.
A statute of limitations is the rule that limits the amount of time you have to pursue your rights from the time that your injury occurs. In Georgia, personal injury cases generally must be filed within two years from the date the incident ocurrs.
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