Being the victim of a hit-and-run accident in Georgia can be a terrifying experience. These incidents are serious, and they happen far too often. If you have been the victim of a hit-and-run, you may be worried about identifying the other driver, taking pictures or recording the accident scene, and interacting with law enforcement. Then you have to worry about getting compensation for your injuries and damages. Remembering a few key things can help you protect your rights and maximize any compensation you might be eligible to receive.
After the initial shock of a hit-and-run accident, taking the proper steps is critical. Georgia law requires you to “immediately” report any accident involving injuries, deaths, or more than $500 in property damage to the police. Here’s how to report a hit-and-run crash in Georgia:
Being the victim of a hit-and-run can quickly become overwhelming, but don’t lose hope. Our experienced lawyers are here to help. We will evaluate the details of your accident and advise you on the best path forward to recover compensation. Give us a call today at 770-214-2500 for a free consultation.
Along with a duty to represent our clients, all of us at Smith, Wallis & Scott, LLC - SWS Accident & Injury Lawyers feel we owe a duty to give back to our community whenever possible. For the 2023-2024 school year we have the pleasure of sponsoring the teachers of the month at each of the Carrollton City Schools. Every month we present the teachers of the month at Carrollton Elementary School, Carrollton Upper Elementary School, Carrollton Middle School, and Carrollton High School with a check to show our gratitude for their hard work educating the children in our community. Afterwards, we take a picture of the winners and place them on a digital billboard to help introduce our community to these wonderful educators. Below are some examples of our billboard designs recognizing the winners.
A special thank you to Superintendent Dr. Mark Albertus and principals Dr. Kylie Carroll (Carrollton Elementary), Tabitha Walker (Carrollton Upper Elementary), Eric Simmons (Carrollton Middle), and Ian Lyle (Carrollton High) for allowing us to support these wonderful educators.
Medical malpractice in Georgia refers to the professional negligence or misconduct by a healthcare provider, such as a doctor, nurse, dentist, or other medical professionals, which results in harm to a patient. This negligence may occur through actions, errors, or omissions during the diagnosis, treatment, or general care of a patient. Medical malpractice cases typically involve a breach of the standard of care that a reasonably competent healthcare professional would provide in similar circumstances.
Recent studies have estimated errors may account for as many as 251,000 deaths annually in the United States, making medical errors the third leading cause of death. Error rates are significantly higher in the U.S. than in other developed countries such as Canada, Australia, New Zealand, Germany and the United Kingdom. At the same time less than 10 percent of medical errors are reported.
Medical malpractice cases can be complex, and they often involve expert testimony to establish the standard of care and to demonstrate how the healthcare provider's actions deviated from that standard. Additionally, medical malpractice cases can be very expensive to bring to trial, with expenses typically exceeding $50,000.00 before the case even makes it to a court room.
With that being said, medical malpractice cases have a higher average settlement value compared to other injury cases. This is due to the severe nature of the injuries caused by medical negligence. Nationally, the average settlement payout for medical malpractice claims is between $300,000 to $380,000. For cases that go to trial, and win, the average verdict is just north of $1 million dollars.
Laws regarding medical malpractice vary by jurisdiction, and there are specific procedural requirements and time limits for filing a claim. In Georgia, you have 2 years from the date of the malpractice (or 2 years from when a reasonable person would have learned of the malpractice) in order to file a lawsuit. Additionally, Georgia requires that any malpractice suit include a signed affidavit from a physician who practices in the same specialty as the physician accused of malpractice. Without the accompanying affidavit, any malpractice lawsuit will be dismissed.
If you believe you have been a victim of medical malpractice, give our attorneys a call today at 770-214-2500 for a free consultation to assess the merits of your case.
Yes -- you can sue someone personally following a car accident. You have to file the lawsuit within 2 years of the date of the accident. Additionally, you will be required to prove the following things:
In order to prove the other driver was at-fault, you must show that the accident was due to their unsafe or negligent operation of a motor vehicle.
Common causes of car accidents include:
In order to successfully sue someone following a motor vehicle accident, you must show that suffered damages. These include property damage to your vehicle, as will as personal injury damages such as medical bills or lost wages. Ways to prove damages include:
Being the victim of a car accident can affect your life in countless ways. If you were injured in a collision caused by another party, let the attorneys at SWS Accident & Injury Lawyers handle all aspects of your case so you can focus on recovering from your injuries.
Legal jargon and terminology can be difficult to understand for anyone, including lawyers. Below is a list of commonly used legal terms in a Georgia personal injury claim.
Personal injury refers to any injury caused by another party’s negligence. It could be physical, mental, or emotional and includes property damage. The victim can file a personal injury lawsuit against the at-fault party to recover compensation for the negative consequences of the latter’s actions.
Aa lawsuit is initiated by filing a complaint with the appropriate court. The personal injury complaint is the formal expression of your grievances.
The complaint also includes a "prayer for relief", which is a fancy way of saying it includes information concerning how much money you want.
The plaintiff is the individual, or group of individuals, bringing the lawsuit. Generally this is an individual who is claiming they were injured or damaged as a result of the actions of someone else. For example, If you slip and fall and sue the store where the slip and fall occurred, you would be the plaintiff in the lawsuit.
The plaintiff serves the complaint upon the defendant. The defendant is the party that is allegedly liable for the plaintiff's injuries. In the prior example, the grocery store would be the defendant.
Defendants file a formal answer to the complaint, which serves to notify the plaintiff and the court of the defendant's position regarding the allegations.
A statute of limitations is the time period (set by law) in which you may file suit claiming damages. The statute of limitations can vary from case to case depending upon the circumstances, and can vary from as little as one year to as long as ten or more in civil suits.
Personal injury cases, which generally are based on negligence, tend to have statutes of limitations in the area of two to three years, with special exceptions carved out for malpractice cases.
State law controls statutes of limitations, so if you are thinking of filing suit, be sure to speak with a qualified lawyer as soon as possible,
A tort is any wrongful act that is not a crime and does not arise from a contract. Nearly every cause of action in a civil suit -- including personal injury suits -- is a tort. Negligence, medical malpractice, wrongful death, and libel/slander are all examples of torts.
Intentional torts are wrongful acts committed on purpose. Many intentional torts can also be considered crimes. For example, assault/battery, can lead to both civil and criminal liability. So, too, can theft, and wrongful death (murder, manslaughter, etc.).
A tort forms the grounds for a lawsuit seeking damages that are necessary to make a plaintiff whole. Criminal cases, even if arising from tortious acts, don't provide for damages. They are brought by the state with the express intent to punish criminals.
Negligence is a tort arising from carelessness or the failure to act with reasonable care, when such conduct causes damage to the person or property of another. To prove negligence a plaintiff has to prove four things. First, that the defendant had a duty or legal obligation to the plaintiff. Second, that the defendant violated or breached that duty. Third, that the breach caused damage to the plaintiff; and fourth, that damages actually exist. Duty, breach, causation and damages are the backbone of nearly every personal injury case.
For example, all stores have a duty to keep the aisles free of hazards. They breach this duty if they fail to adequately clean up the spills and other hazards in a reasonable period of time. If a store breaches their duty, and you slip and fall as a result causing physical and financial damages. Given these facts, the store was negligent.
The burden of proof refers to the plaintiff's obligation to prove his or her allegations to be true -- or at least more likely true than not. There are several different threshholds that could apply depending upon the type of case being litigated.
In a personal injury case, the burden of proof normally applied is that a plaintiff must prove by a preponderance of the evidence that the defendant is liable. Simply put, personal injury plaintiffs must prove that the defendant's actions more likely than not caused the plaintiff's injuries. Continuing on with our example, in your suit against the grocery store, you'd have to prove that the store was more than 50% at-fault for your injuries in order to recover damages.
Strict liability is a legal theory that imposes liability for certain acts or injuries causing damage regardless of fault or wrongdoing. For example, farmers are strictly liable for the actions of their cattle. So if a farmer's herd tramples a neighbor's crop, the farmer is liable regardless of any wrongdoing. In the 21st Century, strict liability is most often applied in cases involving defective products holding manufacturers liable for injuries sustained as a result of using their products.
Strict liability essentially shifts the burden of proof to the defendant, forcing the defendant to prove that they are not liable as opposed to typical negligence-based cases where the plaintiff must prove that the defendant is at fault.
Damages are what a plaintiff is seeking to recover in a lawsuit. In a personal injury suit, damages generally equal money. Damages are separated into two categories, economic damages and non-economic damages. Economic damages are quantifiable damages such as medical expenses, wage loss, replacement services and auto repair bills. Non-economic damages are not specifically quantifiable, and include such things as pain, suffering, and humiliation.
Contributory negligence is a legal concept that relates to personal injury and tort law. Comparative fault and contributory negligence can reduce or even eliminate damages altogether. It refers to a situation where the plaintiff's own actions or behavior contribute to their own injury or damages. In other words, plaintiff was partially at fault for their own injuries or losses. Georgia has a modified contributory negligence standard, which means if the plaintiff is found to be more than 50% at fault, then they are owed no damages.
Georgia Courts have held contributory negligence is not an available defense to a defendant when an intentional tort, such as assault, battery, or theft, is alleged. McEachern v. Muldovan, 505 S.E.2d 495, 500 (Ga. App. 1998).
If you have been injured due to the actions of someone else, give our lawyers a call today at 770-214-2500 for a free consultation.
Hiring an experienced good Georgia car accident attorney makes a lot of sense if you’ve been seriously injured in a motor vehicle accident. But how do you go about finding appropriate legal representation? You’re in the midst of a difficult situation, and you may be tempted to simply go online and contact the first law firm appearing on the search engines. Resist that temptation – your entire case depends on doing your research and finding a qualified firm that shares your values and has the capacity, knowledge, negotiating chops and courtroom skills to advocate aggressively on your behalf
Car accidents happen every day in Georgia, even to safest drivers. The first thing to do is to try and remain calm. Keeping a calm will help you document the accident and accurately.
Follow the following steps after a crash to set yourself up for the best possible outcome.
Filing an insurance claim can be a dauting task. From knowing if you can trust the insurance company, to knowing what information to provide is alot to ask for someone who has been injured. An accident lawyer can handle all of this for you.
It is important to remember that auto insurance companies (most anyway) are private businesses or corporations whose main goal is to make a profit for their shareholders. Insurance companies are not charitable entities and do not have your best interest in mind. Common tactics employed by insurance companies include:
Once you've obtained appropriate documentation, your lawyer will submit a settlement demand package. This will include a letter explaining what happened and how it impacted you, plus plenty of documentation to back up your allegations. After the demand package is reviewed, there will likely be some negotiations with the insurance provider. The insurer may claim that the demand is too high, given the extent of the injuries - but this can be negotiated until a settlement that both parties find acceptable is reached. Further complications may occur due to Georgia's modified comparative fault approach, in which the negligence of both parties is considered.
The most common types of compensation following a car accident include:
Medical bills can add up quickly in the aftermath of a car accident. In addition to sometimes lengthy hospital visits, victims may require ongoing rehabilitative care. A variety of immediate and ongoing medical expenses may be covered by compensatory damages.
If the injuries that occurred during your Georgia accident have left you unable to carry out your usual duties at work, you may be eligible for remuneration of lost wages.
The suffering caused by a car accident goes far beyond physical pain. Emotional trauma is also common, with many car crash victims experiencing symptoms of post-traumatic stress disorders years after the accident occurred. Pain and suffering damages recognize this and compensate victims accordingly.
Before calling up firms to schedule consultations, stop and clarify what you need out of the relationship and what you expect. Fill in this blank: “I need a Georgia car accident attorney because ______.” Maybe you just crave fair compensation for your injuries. Maybe you need insight into what to do if the other driver lies or takes action against you. Maybe your goal is to get this off your plate ASAP, so you can finish a big work project.
Next, spell out your standards. What do you expect from your team? Maybe you need to hire someone within 15 miles of your house. Maybe you want to be sure the firm will treat you as an individual and really spend time with you. Maybe you want to find the most aggressive possible car accident lawyer.
Before choosing a firm, interview prospective lawyers in person. Have a list of questions to ask. These might include:
SWS Accident & Injury Lawyers have successfully represented for more than 30 years. Some of the reasons our clients have trusted us to represent them include:
We pride ourselves on having personal relationships with all of our clients. By building a relationship, it allows us to understand your needs and make sure you are comfortable with everything involving your case.
Our track record of obtaining high judgments and settlements for our clients is unmatched. A few examples of our recent wins include:
Nothing we can write here will speak as loudly as the words of our own clients. So don't take our word for it, check out reviews and testimonials from past clients by clicking the link here.
Facing a personal injury can be a challenging and overwhelming experience. Choosing the right lawyer to represent your interests is an important decision that
can often affect the outcome of your case. In this blog post we will guide you through the steps you should take to help you in choosing the best Georgia car accident
attorney to represent you.
Consider the type of injury you have suffered, the circumstances around it, and the complexity of your case. Different attorneys specialize in different areas of personal injury law. Therefore, knowing your specific needs will help narrow down your options.
It is always a good idea to seek recommendations from trusted friends and family members if they have had personal experiences with injury attorneys in your area. It is also a good idea to ask
other professionals, such as your family lawyer or doctor for referrals.
Online reviews can be a crucial part of finding the right personal injury attorney. These reviews can give you good insight into what experiences other clients of the firm have to say about the legal services they received at the law firm. Look for reviews on Google, Yelp or other legal directories. Consistently positive feedback is a very good sign.
Effective communication is a crucial part of legal representation. Discuss communication preferences and assess their willingness to be responsive and communicate with you throughout the
process. Ask about how often you can expect updates on your case and how you can best reach your attorney and their staff.
Consider the attorney’s experience in handling cases similar to your case. Ask about their success rate with settlement, mediation, and trial. An attorney that is experienced will have more likelihood of success in navigating complex personal injury cases.
Prepare a list of questions that come to mind after your car wreck or injury. Bring your list of questions to the initial consultation with the attorney. An experienced attorney will give you transparent answers and address all of the concerns you have up front.
It is very important to find an attorney that makes you feel comfortable and gives you a feeling of confidence and ease. Trust your instincts and consider if you can build a positive and trusting relationship with your attorney.
It is always a good idea to have an upfront and honest conversation regarding fees and payment structure. Most personal injury attorneys get paid on a contingency fee basis, meaning they only get paid if they win your case. Be sure you understand how the fee agreement is structured because every attorney handles it differently.
Selecting the right personal injury attorney is a crucial step in seeking justice and compensation for your injuries. Take the time to do your research and find a good
fit for you. Ultimately, trust your instincts when making your choice. Choose an attorney who make you feel heard, understood, and gives you confidence in their
abilities. Remember that your attorney will be your guide and advocate throughout the process of your case. They should always have your best interest in mind when
making decisions about your case.
If you've been injured in a car accident give our lawyers a call today at 770-214-2500 for a free consultation.
If someone asked you the most dangerous season of year to drive, what would your answer be? If you guess Fall, you would are correct. Fall is the most dangerous time of the year to drive, even more dangerous than winter. Not too many people realize it, but fall is the most dangerous season with a motorist’s risk of being involved in car accidents at its highest during these days.
Carfax recently announced that according to its data, it is autumn and not winter which is the deadliest season of the year for drivers. In fact, according to the data, more than 72% of Americans live in states like Georgia where fall is the deadliest season of the year with the highest number of auto accidents recorded.
There are a number of reasons why the risk of car accidents is greater during fall season compared to other times of the year, but the 3 biggest culprits of increased accident are:
Avoid becoming a car accident statistic this Fall by following a few simple steps.
SWS Accident & Injury Lawyers have more than 30 years of experience representing victims injured in accidents involving commercial vehicles, big rigs, and 18 wheelers. Heavy commercial vehicles, Big Rigs/18 Wheelers, and other large trucks constitute less than 5 percent of all registered vehicles nationwide. Yet statistics from the National Safety Council reveal that over 9 percent of fatal crashes on U.S. roadways involve at least one large commercial truck or bus. A significant observation from this data is that of all the individuals killed in large truck crashes on American roads, more than 70 percent were occupants of other vehicles involved in the accident rather than the occupants of large trucks themselves. While acknowledging the essential role these multi-ton rigs play in sustaining modern society, it's evident that they pose significant risks.
In Georgia, a commercial vehicle is defined as any vehicle that:
FMCSA regulations, overseen by the Federal Motor Carrier Safety Administration, are designed to ensure the safety of commercial truck operations on U.S. roadways. These regulations cover various aspects of trucking, including driver qualifications, hours of service, vehicle maintenance, and cargo securement.
Ensuring a commercial vehicle and it's driver are compliant with the appropriate federal regulations are of the upmost importance when investigating an commercial vehicle accident. Violations of these regulations can help provide evidence of negligence, and lead to substantial penalties and fines for those find in violation.
Federal law requires commercial vehicles to maintain a minimum of between $750,000.00 and $5,000,000.00 in liability insurance depending on the cargo carried. Any commercial vehicle carrying people, for example a bus, is required to have a minimum of $1,500,000.00 for vehicles carrying less than 15 passengers, and $5,000,000.00 for vehicles capable of transporting more than 15 passengers.
The most common injuries caused during commercial vehicle accidents include:
If you or someone you know has been injured in a commercial vehicle accident in Georgia give our lawyers a call today at (770) 214-2500 for a free consultation.
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