Answers to Commonly Asked Personal Injury Questions
At The McGarity Group, our attorneys understand that Georgia’s personal injury laws can be confusing. Every accident and injury is unique, so it is important to seek legal counsel regarding your specific circumstances. For your convenience, we have assembled a list of frequently asked questions and answers. We are also available to answer your accident-related injury questions in a free initial consultation.
Will I have to go to trial to recover damages?
Not necessarily. In fact, about 95 percent of cases don’t go to trial – for many clients, a settlement is preferable. However, we prepare every personal injury case as though we were going to trial, allowing us to protect your interests at every turn.
What is considered pain and suffering?
In Georgia, pain and suffering can be defined as physical or mental anguish, and damages are calculated by severity. Whether you’re in a car crash and need physical therapy to recover, or the accident results in you being wheelchair-bound for the rest of your life, you may be entitled to compensation. Speak with our attorneys to see if you can make a claim.
How much money am I entitled to if I’m hurt because of someone else?
There’s no way to know for certain up front, and any attorney who tells you otherwise isn’t being 100% honest. Compensation is based on a number of things, including the severity of your injuries, lost wages, property damage and more. To make a claim, we must also be able to prove that the at-fault party was negligent.
The insurance company refuses to pay my medical bills because my car wasn’t damaged in the accident. Can they do that?
No. The extent of the damage to your car may have nothing to do with the injuries you received. However, it’s important to know that in Georgia, it’s extremely rare for an insurance company to pay medical bills as they’re accruing. At The McGarity Group, we’ve represented insurance companies, so we know how to make an argument on your behalf that will stick.
What are the most common types of brain injury?
There are two kinds of brain injuries: acquired, which may occur because of oxygen deprivation, and traumatic, which may occur because of a car accident or a blow to the head. Our lawyers have represented clients successfully with both kinds of injuries. Our experienced auto accident and medical malpractice attorneys are always prepared to fight for your rights if you or a loved one has suffered a brain injury.
What should I do after being bitten by someone else’s dog?
Call the police. Call a doctor. Call us. Georgia’s complex laws regarding dog bites favor the owners, so it’s important that you contact us quickly if you’ve been hurt by an animal. However, you also want to seek medical attention because dog bites can be lethal. Your doctor’s documentation may also prove valuable to your case.
I fell in the grocery store. Can I sue?
Maybe. If the store owner knew there was a potential danger of someone slipping and falling – such as an obvious hole in the floor, or a wet floor with no visible caution sign – you may have a case. It’s important to speak with a lawyer quickly after your fall to determine whether or not you have a case worth pursuing.
What is the difference between wrongful death and medical malpractice?
Medical malpractice implies negligence on behalf of a medical professional or institution. Some medical malpractice cases may lead to wrongful death suits, though the reverse is not necessarily true. When you make a claim for wrongful death, you’re usually seeking damages for the full value of your loved one’s life. These damages may be based on lost wages, expenses and emotional anguish.
Who is liable for medical malpractice?
While any health care provider (such as a doctor, a surgeon or a nurse) or institution (such as a hospital) may be held liable for medical malpractice, the state of Georgia has very strict guidelines about that liability. As of 2005, the courts have required more from claimants to prove they were hurt because of a medical provider’s negligence, specifically in cases involving emergency room care.