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Personal Injury FAQs

The Harding Law Firm, LLC
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A sudden injury can bring your life to a halt in a matter of seconds. Since the aftermath of an accident that results in injuries can be a stressful and confusing time, it is perfectly normal to have many questions on your mind.  

Attorney Todd A. Harding helps injured people navigate the personal injury claims process to ensure that they fully understand their rights and can make informed decisions throughout the case. The personal injury attorney in Griffin, Georgia, has the skills and resources necessary to assist injured victims in obtaining the compensation to which they are entitled. The Harding Law Firm, LLC serves clients throughout Spalding County, Henry County, Monroe County, Butts County, and Lamar County.  

Frequently Asked Questions About Personal Injuries 

If you have suffered injuries due to someone else’s negligence, you might have questions about what to do next and how to handle your personal injury claim. In the section below, you can find answers to some of the most frequently asked questions about personal injuries.  

What should I do after getting injured? 

The first thing to do is to seek medical attention. This is non-negotiable. Even if you think you were not injured, it is still a good idea to get a medical examination. Often, injuries may not show symptoms for hours or even days after the traumatic event. In addition to seeking medical attention, it is equally important to gather all the evidence available at the scene of the accident and talk to witnesses. Afterward, you might want to consider contacting a personal injury attorney to discuss your legal options for compensation.   

Is Georgia a no-fault insurance state?  

Georgia follows the traditional fault-based system when it comes to determining liability in motor vehicle accidents. Under the at-fault system, the driver whose negligence caused the accident will be held liable for any injuries and losses suffered by other people during the crash. The injured victim must file a personal injury claim against the at-fault driver’s insurance carrier to obtain compensation.  

How do I prove fault in a personal injury case?  

In most personal injury cases, fault is based on negligence. Negligence can be established if these four elements exist: 

  1. The defendant (the at-fault party) owed the plaintiff (the injured party) a duty of care. 

  1. The duty of care was breached because of the defendant’s failure to exercise due care. 

  1. The breach was the direct and proximate cause of the plaintiff’s injury. 

  1. The injured party suffered losses and damages because of the breach. 

A skilled and detail-oriented attorney can assist you in gathering all available evidence to strengthen your personal injury claim. Relevant evidence may include the accident report, photographs and videos from the accident scene, statements from eyewitnesses, copies of medical records, testimony from expert witnesses, and others.  

Should I accept the insurance company’s settlement offer? 

It is not uncommon for injured victims to receive a settlement offer from the insurance company within days or even hours after filing a claim for compensation. However, insurance companies take advantage of the victim’s vulnerability, shock, and lack of legal knowledge to settle cases quickly and for the lowest amount possible. For this reason, you might want to consult with a personal injury attorney before accepting or declining the insurer’s settlement offer.  

How much is my case worth? 

The answer depends on many factors. No two personal injury cases are exactly alike, which is why the value of your claim will depend on the unique circumstances of your case. Some of the factors that may affect your case’s worth include the nature and severity of the injuries, whether or not the injury affects your ability to work, the certainty of liability, the expenses to date, future expenses, whether or not you had any pre-existing conditions, and many more.  

How long do I have to pursue compensation?  

Georgia sets a two-year statute of limitations for most personal injury cases based on negligence. If you do not pursue a personal injury case before the deadline, you may lose your right to obtain compensation for the damages.  

Will I have to go to court? 

While the vast majority of personal injury cases are settled out of court, some may require a trial. For example, if you file an insurance claim for compensation but the insurance company refuses to settle your claim for a reasonable amount, going to court might be your best option to secure the maximum compensation you deserve. Your attorney can evaluate your particular situation and determine whether you should accept the insurer’s settlement offer or take your case to court.  

Do I need to hire an attorney?  

Personal injury laws require in-depth knowledge of the legal system. For this reason, trying to handle your claim on your own may not bring the results you are looking for. With an attorney, you can be confident that your rights are interests will be protected while you can focus on what is truly important: healing and recovering from your injuries.  

Detail-Oriented Legal Counsel: The Harding Law Firm, LLC 

Attorney Todd A. Harding knows how confusing and devastating it is to deal with the aftermath of an unexpected injury. If you have specific questions about your case, the attorney at The Harding Law Firm, LLC is ready to help you get the answers. Get the guidance you can trust today. Request a free, 30-minute consultation with Attorney Todd A. Harding to get started.