Frequently Asked Questions (FAQs)
If you’ve been in a car or truck accident, or injured on someone else’s property, it’s natural to have questions regarding your personal injury claim and how to go about getting fairly compensated for the harm done to you by a negligent driver or property owner. Below we answer some of the questions we hear most often as we help injury victims in Georgia get justice and compensation after an accidental injury or assault. If you have other questions, or if you need immediate assistance pursuing a claim, call The Schermerhorn Firm at 404-596-4462 for a no-cost consultation with a skilled and experienced Atlanta personal injury lawyer who will fight for you, providing top-notch, aggressive representation for every case, big or small.
What types of personal injury cases does The Schermerhorn Firm handle?
The Schermerhorn Firm handles a wide range of personal injury cases, including but not limited to car, truck, motorcycle, and pedestrian accidents; slip and fall injuries on private property, shopping centers, apartment buildings, and hotels; assaults committed because of negligent security; and wrongful death. We have a record of success across the spectrum of personal injury in Georgia, giving you the confidence we are a law firm that gets results.
What should I do immediately after an accident?
After an accident, your first priority should be your health and safety. Seek medical attention immediately, even if you don’t feel seriously injured, as some injuries may not be immediately apparent. If possible, document the scene by taking photos and gathering contact information from witnesses. Then, contact The Schermerhorn Firm to discuss your legal options.
How much does it cost to hire The Schermerhorn Firm?
The Schermerhorn Firm operates on a contingency fee basis, which means you won’t pay any upfront fees. Our payment is contingent on winning your case; we only receive a percentage of the settlement or verdict awarded. This ensures that our interests are aligned with yours and allows you to seek justice without financial stress. We even advance all the costs it takes to pursue your claim, so you never pay out-of-pocket.
How long do I have to file a personal injury claim in Georgia?
In Georgia, the statute of limitations for most personal injury claims is two years from the date of the accident. However, there are exceptions to this rule, so it’s important to consult with an attorney at The Schermerhorn Firm as soon as possible to ensure your rights are protected. Time frames can be significantly shorter, but they can also exceed two years in some instances, so before you decide it’s too late to file a claim, call us first to make sure.
What damages can I recover in a personal injury claim?
In a personal injury claim, you may be entitled to recover various damages, including medical expenses, lost wages, pain and suffering, emotional distress, and property damage. The goal is to make up for the harm inflicted on you to the fullest extent possible. In some cases, punitive damages may also be awarded to punish the wrongdoer and deter similar conduct in the future.
Will my personal injury case go to trial?
While most personal injury cases are settled out of court, The Schermerhorn Firm prepares every case as if it will go to trial. This approach ensures that we are ready to aggressively represent your interests in court if a fair settlement cannot be reached through negotiations. However, the vast majority of our cases settle without the need to go to court, and it will always be your decision whether to file a lawsuit or not.
How long will it take to resolve my personal injury case?
The duration of a personal injury case can vary depending on the complexity of the case, the severity of the injuries, and the willingness of the parties to reach a settlement. The Schermerhorn Firm works diligently to expedite the process while ensuring that your best interests are protected. We never attempt to settle your case until you have received a full course of medical treatment and the nature and extent of your injuries and damages are fully known.
Can I still recover compensation if I was partially at fault for the accident?
Yes, Georgia follows a modified comparative negligence rule, which means you can still recover compensation if you were less than 50% at fault for the accident. However, your recovery will be reduced by your percentage of fault. If the other side is blaming you for causing or contributing to the accident or your injuries, you’ll need a strong attorney on your side who fights back against such allegations to protect your claim and recover the most compensation.
Can I sue the bar that overserved the drunk driver who hit me?
In some cases, you can. Georgia’s “dram shop” law recognizes the liability of a bar or restaurant that knowingly furnished alcohol to an individual who was under 21 or noticeably intoxicated, so long as the server or establishment knew the person would soon be driving a motor vehicle and the furnishing of alcohol was the proximate cause of the crash under Georgia personal injury law. Proving these elements can be very difficult, but The Schermerhorn Firm is up to the challenge when justice demands it.
Does a motorcyclist have a claim if they were hit by a negligent driver while not wearing a helmet?
Probably so, but that fact could affect the injury victim’s financial recovery. Since Georgia law requires all riders to wear a helmet, it is fairly easy to establish that failure to wear a helmet is negligence on the part of the rider. That said, helmets prevent injuries and save lives, but they don’t offer full protection. Many people, in fact most people, who are injured or killed while riding a motorcycle in Georgia are helmeted, so whether a rider’s failure to wear a helmet will affect their claim depends on how much the lack of a helmet contributed to the injury suffered.
What if the driver who hit me fled the scene?
Georgia law requires all drivers involved in an accident to stop, exchange information, and render aid. Sadly, though, hit-and-run accidents not only happen; they are on the rise. Our team at The Schermerhorn Firm will work with the police and investigators to track down the driver who hit you and hold them accountable for this despicable act. If the driver can’t be found, we can help you pursue a claim for compensation under the Uninsured Motorist portion of your car insurance policy.
How can The Schermerhorn Firm help me with my personal injury case?
The Schermerhorn Firm provides top-notch aggressive representation to ensure you receive the compensation you deserve. We handle all aspects of your case, from investigating the accident and gathering evidence to negotiating with insurance companies and representing you in court if necessary. When you are in our hands, you don’t have to worry about anything besides healing and getting your life back in order. We’ll handle the rest.
How can I schedule a consultation with The Schermerhorn Firm?
You can schedule a consultation with The Schermerhorn Firm by calling our office at 404-596-4462 or filling out the contact form on our website. We can meet with you over the phone, through videoconference, or in person at our Atlanta law office. We offer free initial consultations to discuss your case and advise you on the best course of action.
