Wells and McElwee P.C.Wells and McElwee P.C.2023-07-12T11:06:21Zhttps://www.wmpc-lawyers.com/feed/atom/WordPress/wp-content/uploads/sites/1203452/2023/03/cropped-WM_FAV-32x32.pngOn Behalf of Wells and McElwee P.C.https://www.wmpc-lawyers.com/?p=463062023-03-29T15:10:16Z2023-01-16T07:09:59Zin at least one accident during the course of our lives.
For this reason, it’s important to take the possible threat of an auto accident seriously. An accident can completely disrupt your life, threaten your well-being via personal injury, and dislodge your financial stability.
Recovering from such an accident can take serious work, and it’s essential you get the kind of compensation you have a right to following this kind of incident. A personal injury lawyer can help.
Why should you hire this kind of assistance for your case? Read on, and we’ll walk you through what you need to know.
What Does a Personal Injury Lawyer Do?
Personal injury attorneys represent clients who have been injured or damaged as a result of negligent behavior by other parties. This isn’t always due to a car accident – it can be for slip and fall incidents, medical malpractice, construction site incidents, and a wealth of other situations.
However, car accident cases represent a major portion of the personal injury cases that occur each year across the United States. The job of a personal injury lawyer is to represent their client and their interests during the legal proceedings following an accident.
In most cases, the main goal of this process will be to secure a proper amount of compensation for the client. This compensation total will help to cover the damages incurred by the victim of the accident and help to get their life back on track after the interruption.
A car accident attorney isn’t always a necessary hire for a case but will be an essential aid if even a moderate amount of money is at stake.
Insurance companies that are responsible for paying out claims hire their own highly skilled team of lawyers whose aim is to keep payments as little as possible. Without legal aid of your own, it’s easy to go home with much, much less than you really deserve.
There are a great many ways that a car crash attorney can help to make your case a success and defend your interests.
Helps You Understand What Rights You Have
Insurance company attorneys take advantage of the fact that unrepresented victims don’t know the legal playing field. If you don’t know what rights you have and what to stand up for, you can easily be taken advantage of by these larger powers that be.
One of the first things that a car accident attorney will do for you is to make sure that you understand your rights.
An attorney will make sure you’re aware of what responsibilities you have during a case, and more importantly, they will make sure you know what responsibilities you don’t have.
They will help you understand all the relevant laws that apply to your case. Laws surrounding auto accidents offer to vary from state to state, and sometimes even city to city.
For this reason, it can be extremely helpful to have someone on your side who’s well-versed in local laws and can fill you in on the finer details.
You don’t want to be convinced that you have fewer choices than you actually do, and having an attorney at your side will make sure that’s never the case.
On top of this, an experienced attorney can help protect you against the kind of unsavory debt collectors that sometimes start poking around after an expensive accident. They will protect you and educate you about the Fair Debt Collections Act and ensure you aren’t taken advantage of in this arena either.
Will Guide Your Legal Case
If you don’t have any experience handling a legal case, it can be hard to determine what steps to take after something as unexpected as an accident occurs.
You may even get conflicting advice from friends, family, the internet, and so forth – none of it engineered to meet the specific needs of your case.
Whose opinion can you trust? If you have an experienced personal injury lawyer at your side, it’s their take on your case that should really count. They’ve handled cases just like yours dozens and dozens of times in the past (if not more!) and will know exactly what steps you need to take.
They’ll be able to look at the details of your case and immediately spot the needs, obstacles, and opportunities present. They’ll know what actions need to be taken, in what order, and the nuances of how they need to be performed.
They’ll also be familiar with the ins and outs of court culture. That means you won’t miss important deadlines, be confused about how to phrase needs and requests, and you won’t have to struggle with confusingly worded paperwork.
There’s a reason that lawyers go to school for many years – there’s a lot to learn!
You simply cannot beat the level of experience this kind of professional can bring to your case. It simply isn’t worth trying to struggle through a difficult legal case alone.
Take Stress Out of the Equation
The added benefit of having an experienced attorney handling your case, in addition to all the above? It’ll help take the burden of these legal proceedings off of your own shoulders.
The weeks and months after an accident can be a stressful enough time. You may be recovering from injuries and trying to physically get your life back together. You could be away from work for a long time, requiring a lot of effort to catch back up.
Your car might be out of commission for a while, requiring repairs and care to get back on the road. No matter what the situation is, it’s likely one that will require a lot of your mental capacity.
Handling the effort for your own compensation on top of all of this can be exhausting. With an experienced attorney at the wheel, you can rest a little easier knowing your case is well taken care of.
It’s impossible to underrate how much this peace of mind can really be worth. It’s a reason to hire a personal injury lawyer that should not be overlooked.
Value Your Case & Negotiate a Fair Settlement
One thing you’ll quickly realize after an accident occurs is that you don’t actually know how much your case is worth. Putting a dollar amount to the multi-faceted damage that occurs after a car accident be a seriously difficult task.
Yes, some of the costs associated will be a little easier to tally up. The cost of your medical care, automobile repair costs, and lost wages are hard numbers, at the very least.
But how do you put a monetary value to pain and suffering? What about costs that you might incur in the future, after your case? Can you include the cost of your legal fees?
Coming to an actually fair compensation total is much more difficult than you might initially assume. If you don’t know what you’re doing, it’s easy to undervalue your case and end up with much less compensation than you really deserve.
In a more serious situation, this could mean you find yourself without the financial support you need some months or years after your case is settled. You’ll be left with no avenue at this point to get the true support that you need.
This is where a personal injury attorney’s experience comes into play once again. An attorney will have determined the proper compensation value for dozens and dozens of cases prior to yours.
They’ll know exactly what a fair offer from an insurance company should look like. They’ll also know what a lowball offer is and how best to counter it. The insurance company is looking to aid their bottom line, but your attorney will ensure you aren’t lured in by the promise of quick money.
It’s important you get what you really need after an accident, and an attorney will help to make sure you do.
Helps to Gather Evidence
To get the compensation total you deserve, you’ll need to present a strong case. A strong case will show clearly two things: the damages incurred as a result of the accident and the negligence of the other driver that led to these damages.
You’ll need a strong selection of evidence, presented properly, to build your case and present it to the insurance company.
An attorney will be able to help you collect this evidence and present it properly.
Some of it, ideally, will be the evidence you collected from the scene of the accident. That includes photos and videos of the scene of the accident, the placement of the cars, and damage to yourself or your vehicle.
In addition, an attorney can help you track down security footage that may have caught a glimpse of the accident, help set up witness testimony, and gather official police reports.
All of this evidence will be instrumental in painting a clear picture of how the accident occurred.
They’ll also make sure you have the evidence you need to prove the nature of the damages you’ve incurred. They’ll ensure you get everything you need, paperwork-wise, from a doctor to support your medical needs.
They’ll help you collect, organize, and present information from your employer related to your lost wages.
Anything that’s needed to help support your case, they will help source and organize it. An attorney’s experience with these cases will mean they know exactly what you’ll need to gather to have the best shot at securing the compensation total that you’re seeking.
Provide You With Their Professional Rolodex
In addition to everything else, your attorney can help you make the connections you’ll need to handle problems that arise after an accident. An attorney likely has made a number of solid connections after years in the business and can open their professional Rolodex to you.
This might mean recommending a doctor or experienced medical specialist who can help handle your car accident injuries. It could be a referral to an auto mechanic that you know you’ll be able to trust.
They may even bring in certain experts or consultants that can help on your case and provide additional evidence and expertise that you didn’t know was possible to obtain.
Once an attorney comes onto a case, they are there to help you. Their extended network of experienced professionals will likely do the very same.
Reasons to Hire a Personal Injury Lawyer
There’s no denying that a car accident can be a frightening, surprising, and unexpected interruption to your life. If you’ve found yourself recently usurped by this kind of shocking incident, it’s important to take the proper actions to safeguard your future.
There’s a lot to handle after such an accident, but as the above information clearly displays, a personal injury attorney can help a great deal. The above is only a fraction of the many ways this kind of legal professional can help you after a serious accident.
Need more immediate assistance with your car accident case? Looking for more legal advice? Give us a call anytime for assistance.]]>On Behalf of Wells and McElwee P.C.https://www.wmpc-lawyers.com/?p=463122023-03-03T07:49:24Z2022-12-17T07:24:20Z20%-40% of Americans who die before they turn 75 die from preventable causes such as accidents and acts of medical malpractice. That statistic accounts for hundreds of thousands of Americans every year.
If your loved one dies due to someone else’s actions, you should consider filing wrongful death claims. Yet there is no guarantee that your claim will be successful. In order to win your case, you need to have strong evidence that meets the elements for wrongful death.
What documents must you obtain to develop your wrongful death lawsuit? How can you prove someone else is to blame for your loved one’s death? How can you overcome the weaknesses in your claim?
Answer these questions and you can use wrongful death law to achieve justice for your loved one. Here is your comprehensive guide.
Medical Records
Medical records are the most important pieces of evidence for your case. They can show what injuries your loved one sustained and how the defendant was negligent.
Get as many documents related to your loved one’s medical treatment as possible. You can use doctor’s notes and reports from check-ups to show your loved one did not have a pre-existing condition that led to their death.
Get documents about prescriptions, test results, and surgeries. You may need to talk to the hospital in order to gather these documents.
Several events may have led to your loved one’s death. A doctor may have misdiagnosed them, and a surgeon may have performed the wrong surgery. You should file lawsuits against every individual involved in the case.
Your wrongful death attorney should understand these documents and be able to put the findings in their own words. Before you hire someone, you should schedule an appointment with them and give them documents. Ask them what they think happened and how they would explain difficult concepts to the jury.
You have two years to file your wrongful death claim. Take your time to gather evidence and spend time recovering from your loss.
Autopsy Reports
A medical examiner performs an autopsy to determine someone’s cause of death. Their autopsy report will go into detail about each organ, and the examiner will offer their thoughts on how each one may have contributed to the death. Many examiners write in plain English, making their documents easy to understand.
This makes an autopsy report an essential document to prove wrongful death. You can point to what led to your loved one’s death and exclude other potential causes.
Some states require an autopsy for individuals who die from homicide or an unexpected cause. But you can schedule an autopsy after any death, including accidents or deaths from apparent old age.
Try to schedule one as soon as possible. You can receive the report within a few days and give it to your attorney.
If you have cultural or religious concerns about an autopsy, you can have your loved one’s body scanned. A medical examiner will use a CT scan to survey the organs without making any incisions. They can also capture images that you can use as part of your case.
Death Certificates
A death certificate describes the cause of death and indicates when and where your loved one died. The coroner or medical examiner can verify the death certificate, making it a good piece of evidence to corroborate the autopsy report. You can also use the death certificate to close your loved one’s accounts.
The person in charge of your loved one’s remains will prepare and file a death certificate. They may gather information from the doctor in charge of your loved one or a medical examiner. The document will then go to the city or county clerk’s office, where you can obtain it.
Keep in mind that a death certificate may contain inaccurate details. Your loved one’s doctor may tell the person filing the certificate a different cause of death to deflect blame from themselves. Prioritize medical documents that go into detail about your loved one’s injury over the certificate.
Police Reports
A police report describes the circumstances of an accident, murder, or another event reported to the police. It will contain details about people who saw the event and what the first responders observed. This makes it a good document to obtain if you don’t know who the witnesses to your loved one’s death were.
Each law enforcement agency has its own protocols for writing and obtaining police reports. You may need to get multiple documents in order to understand the police investigation.
Most police stations require you to make a visit in order to obtain a copy of the report. Read your police department’s policies online so you know what you need to do.
Most acts of medical malpractice do not result in police reports. The police will only write a report after a crime has been reported to them, so some accidents may not create reports as well.
Eyewitness Testimonies
Eyewitnesses to your loved one’s accident can provide many relevant details. They can describe what your loved one and the defendant were doing. They can mention any details that may have contributed to the accident, like weather and road conditions.
Even someone who did not see the accident directly can be helpful. They can tell you what the defendant was doing before the event. They may have seen the defendant drinking alcohol or driving recklessly.
Some eyewitnesses may approach you or a family member with their testimonies. Ask if you can record their testimonies on tape or take notes of them.
You can find other eyewitnesses through the police report. If you’re struggling to find people, you can ask your lawyer to investigate. They can canvass local businesses and homes and see if anyone has observed anything.
Eyewitness testimonies are not perfect. Memories can fade over time, and some people may not understand what they saw. Use testimonies that you can corroborate with other pieces of evidence.
Expert Witness Statements
Expert witnesses can talk about complicated information during the trial. You can get a doctor to describe medical procedures that are hard to understand. If your loved one died in a car accident, you can hire a mechanic to discuss the vehicles involved in the crash.
Your attorney may find expert witnesses during their investigation of the case. They can depose them or ask them to file documents strengthening your case. You can also hire someone to explain things to you if you’re having trouble understanding concepts.
The rules of evidence impose limitations on expert witnesses. Other evidence in the case must corroborate what the witness is saying. Your expert cannot discuss legal matters like proximate cause or fault.
You do not need to hire expert witnesses if the facts in your case seem clear. If you are preparing to settle with the defendant, you can focus your time on finding other pieces of evidence.
Photographs and Videos
Photographs and videos can provide clearer details than eyewitness testimonies. You can see for yourself what happened to your loved one and if anything else contributed to their wrongful death.
Some police reports contain photographs of the accident scene or crime scene. You can also obtain photographs and videos from eyewitnesses.
You or your lawyer may need to contact businesses to obtain their surveillance footage. To get footage from traffic cameras or CCTV technology, you may need to contact the local government.
Keep in mind that photographs and videos can be misleading. Something may have happened before the camera started and after it stopped. You need to use other pieces of evidence to create a timeline for your claim.
Recordings are best when you have timestamps on them. If your photos don’t have timestamps, look at your images’ EXIF data.
The EXIF format can record when and where your photographs were made. Talk to a camera technician about how you can convert your files. If the photos were made on a smartphone, you can look at the phone’s metadata.
Recordings of 911 Calls
Recordings of 911 calls can also help with your case. They can document when an accident or death occurred and who the first responders were. If the defendant made the call, they may have said something that contradicts their later statements.
You can obtain 911 calls from your local police station. Try to get all of the calls related to your case, including ones from eyewitnesses.
As with videos, you should keep in mind that 911 calls only supply limited information. Someone may have arrived at the scene after the wrongful death took place. Try to use 911 calls to build a timeline for yourself, and use more authoritative evidence to close gaps.
Physical Evidence
You can use many different pieces of physical evidence. If your loved one was in a car accident, you can use their car. You can point out dents, scratches, and other features that show how an accident took place.
You can also use items found on the road. Scorch marks and tire tracks can show how your loved one’s car moved before and during the accident. Items that fell out of their pockets can also show where they went and how they sustained injuries.
Foreign objects in your loved one’s body can show how your loved one died. A surgeon may have implanted a stent in the wrong place. A surgical tool may have broken off and caused organ damage or internal bleeding.
Some pieces of evidence are clear while others require explanation. You can hire an expert witness to explain the significance of a skid mark or an improper stent.
Financial Documents
A wrongful death case is a civil case. If you win the case, you claim monetary damages from the defendant. This means that you must attach your loved one’s death to a dollar figure.
An easy way to do this is to use expense documents. You can use insurance forms, hospital bills, and receipts from your loved one’s doctor to show how much money you spent on your loved one’s treatment.
You can claim your loved one’s lost earnings. If they were in the hospital for a long period of time, you can use pay stubs and tax returns to show how much money they lost while they were alive. You can then use those documents to estimate how much money they would have earned.
If your loved one’s property was damaged, you can receive money that covers the cost of the damages. You can get an estimate from a car repair shop about how much your loved one’s car was worth. You can also use receipts to claim the money for their clothes, accessories, and other personal items.
It is possible to obtain money for your pain and suffering, but it is difficult. If you have received therapy since your loved one’s death, you can use your own medical bills and ask for the cost of your therapy.
Georgia allows only the immediate family members of the deceased to file a wrongful death claim. This means that business associates and clients of your loved one cannot file a claim, even if they lost money from the death.
What You Need to Prove Wrongful Death Claims
Wrongful death claims require medical evidence, death certificates, and financial evidence. You can gather documents with the help of a wrongful death lawyer and investigators.
To flesh out your case, you can use eyewitness testimonies, videotapes, and physical evidence. These pieces of evidence can be selective, so make sure your medical documents back them up. Try creating a timeline that outlines how each action from the defendant led to your loved one’s death.
The best claims have the best lawyers to argue them. Wells and McElwee, P.C. serves Athens residents and their families. Contact us today.]]>On Behalf of Wells and McElwee P.C.https://www.wmpc-lawyers.com/?p=463102023-03-03T07:49:28Z2022-11-19T07:19:24ZMore than 2.8 million people die every year in the United States. Losing a loved one can be incredibly painful no matter how it happens. However, nothing can prepare you for the grief of losing a loved one unexpectedly.
If someone is responsible for the death of your loved one, then you could file a wrongful death claim against them. This won’t undo the emotional damage of losing them, but it can provide valuable financial compensation for your loss. It can also help to give grieving families a sense of justice about losing a loved one.
So what does a wrongful death lawsuit involve? Read on to find out everything you need to know about when you can make a claim and what the process involves.
What is Wrongful Death?
Wrongful deaths are deaths someone is responsible for. They are different from someone dying from old age or illness.
In a wrongful death claim, there will be a liable party. This party may have caused injuries that resulted in the death of your loved one. Or they may have failed to fulfill their duty of care.
Legally, this is often defined by looking at whether or not the death would have occurred without the liable party’s involvement.
Wrongful deaths can occur in a range of circumstances. Understanding these will help you figure out whether or not you have a claim to make. With that in mind, let’s take a closer look at different types of wrongful death lawsuits.
Medical Malpractice Wrongful Deaths
More than 250,000 people in America die yearly due to medical errors. In fact, this is the third-leading cause of death in the country.
Medical malpractice deaths can occur if:
A doctor doesn’t diagnose a condition correctly (or fails to run the proper diagnostic tests)
Medical professionals fail to provide the correct level of care to a patient
A patient is prescribed medication that they are allergic to
A surgeon is negligent and a patient dies of surgical complications
When this happens, you can bring a wrongful death lawsuit against a medical professional or the hospital itself. All hospitals in the US have malpractice insurance coverage. They will use this to pay out wrongful death claims.
Auto Accident Deaths
Every year, more than 35,000 fatal auto accidents occur on roads across America. However, losing a loved one in an auto accident does not automatically mean that you have a wrongful death claim on your hands.
You can make a claim if the driver responsible was being negligent while on the road. For example, they may have been exceeding the speed limit or driving under the influence of alcohol. In that case, you can bring a lawsuit against them, and they will have to use their liability insurance to cover the payout.
If a driver causes a fatal collision while working, then their employer may be liable instead. Lawyers for wrongful death claims will be able to figure out who the liable party is in your case.
Drivers aren’t the only people who can be responsible for an auto accident. For example, poor road signage or unsafe conditions can cause a fatal collision. In that case, you may be able to make a claim against the highway maintenance company.
Unintentional Injury Deaths
Unintentional injuries cause more than 200,000 deaths in the US each year. These may also be described as accidental deaths.
However, someone can still be held responsible for your loved one’s accidental death. Unintentional injuries can include:
Suffocation
Poisoning
Burns
Falls
Injuries sustained during sports or recreational activities
Accidental injuries occur without intent (making them different from intentional injuries). However, they can still occur as a result of negligent behavior. When this happens you may have a wrongful death lawsuit on your hands.
Product Liability Deaths
Product liability deaths are rarer than other types of wrongful deaths but it is important to be aware of them. These occur when a product causes the death of your loved one.
For example, they may have had a severe allergic reaction to a food or beauty product. Or a piece of homeware equipment may not have come with the appropriate safety instructions.
To have a wrongful death claim on your hands, you need to prove that the company:
Failed to provide a comprehensive list of ingredients for the product
Failed to provide safety warnings and instructions
Failed to carry out appropriate testing of a product before they put it on the market
Marketed the product irresponsibly or in a way that contributed to the death of your loved one
This will show that the company responsible for the product behaved negligently and failed to flag when it was unsafe to use a product.
Who Can File a Wrongful Death Lawsuit?
In America, there are certain rules about who can file a wrongful death lawsuit. In all states, the following people can file a claim:
Spouses (or long-term romantic partners) of the deceased
Parents of the deceased
Children of the deceased
In some states, adult siblings and extended relatives, such as grandparents, can also file wrongful death lawsuits. So it is worth speaking to a lawyer about whether or not you can make a claim.
Generally, the more distant your familial relationship is, the more difficult it is to file a claim.
Contact a Wrongful Death Lawyer
If you believe that someone is liable for the death of your loved one, then it is important to seek help from a wrongful death lawyer.
These cases can be incredibly complicated and require a lot of supporting evidence. Getting support and advice from an experienced lawyer will give your case the best possible chance of success.
A wrongful death lawyer will look into the details of your case. They can then tell you whether or not they think you have a claim to make.
If they do think you can make a claim, they will support you throughout the process. They will:
Identify who is liable for your loved one’s death
Help you gather evidence to support your case
Represent you when meeting or communicating with the defendant
Ensure that you meet any necessary deadlines
This means that you will have invaluable support during this difficult time. So you can focus on grieving and supporting the people around you.
The Statute of Limitations dictates that you have two years from the date of your loved one’s death to file a lawsuit. If you think that you may have a case to make, it is important to contact a lawyer sooner rather than later.
Collect Your Supporting Documentation
You will need to provide a lot of evidence to support your case. Your lawyer can help you gather testimony and further evidence.
However, it helps if you can provide your loved one’s death certificate from the Department of Health. If you do not have a copy of this (or have lost yours) you can contact the vital records office to get another.
In order to claim damages in your case you will also need to provide evidence of your financial losses. So take some time to collect all of your medical bills and funeral expenses. You and your lawyer can use these to calculate the damages that you are owed.
Calculate the Damages You Are Owed
A successful wrongful death lawsuit will end with the liable party paying your a settlement. This should cover damages caused by the death of your loved one.
Putting together your claim doesn’t just involve proving that the liable party is responsible for your loved one’s death. You also need to calculate how much you are seeking in damages. This will give you a settlement figure to send to the defendant.
When it comes to calculating damages, there are two key areas you need to look at: economic damages and emotional damages.
Economic Damages
Economic damages relate to the financial impact of your loved one’s death. To calculate these you can look at:
Their medical bills
Their funeral bills
Loss of earnings from the date of their injury to the date of their death (if they were unable to work)
Loss of net income (the income that they would have received and saved if they had not died)
Your loss of earnings (if, for example, you have to take time off work to care for your loved one’s dependents)
The cost of grief counseling
The cost of additional household services used to cover tasks that your loved one would have taken care of
Recovering these costs will not undo the pain of your loved one’s death. However, it can help you recover financially from your loss. This can provide a lot of financial stability at a time when you need it most.
Emotional Damages
The loss of a loved one doesn’t just throw up financial challenges. Their death can have a profound emotional impact on your life and the lives of the people around you. This is why you can also claim emotional damages in a wrongful death lawsuit.
These damages can include:
Loss of companionship
Emotional distress caused by the loss of a loved one (including depression, anxiety, and post-traumatic stress disorder)
Loss of enjoyment or quality of life
Grief
Your lawyer may also talk to you about “inconvenience” damages as part of your emotional damages. This does not mean that the death of your loved one was inconvenient.
It relates to how the circumstances of wrongful death can impact your ability to engage with certain areas of life. For example, you may feel more anxious getting into a car or find it difficult to trust medical professionals.
Inconvenience can also relate to the financial impact of your loved one’s death. For example, if you are stressed about money, you may stop going to social events or traveling for work.
It can be more difficult to prove the emotional damages caused by your loss. After all, these aren’t quantifiable in the same way that your finances are.
Most lawyers will start by collecting testimony from people close to you and from your therapist if you use one. They may also present time taken off work or canceled social engagements as evidence of your emotional distress.
Communicate With the Defendant
Once you have reached a settlement figure, your lawyer will file your wrongful death lawsuit on your behalf. The defendant will then have time to review the claim and reach out to you to discuss it.
In some cases, the defendant will accept your settlement and supporting evidence. This means that you can settle the claim out of court. Once a claim has been settled you cannot seek further damages for the case.
If your claim involves an insurance company or a large business, things can get a little more complicated. Often, these organizations will try to negotiate your claim down.
You then have the choice to accept a lower settlement or take your case to trial.
Taking a Wrongful Death Claim to Court
The majority of wrongful death claims are settled outside of court. However, if you and the defendant cannot reach an agreement, your case will appear in front of a civil judge.
During your trial, your lawyer will present the case and supporting evidence. They will also outline the settlement you are seeking and the damages that this covers.
The defendant (or their lawyers) will then have the opportunity to make a counter-argument. They may dispute the wrongful death claim. Or they may try to negotiate the settlement down.
The judge will then review all of the evidence and arguments. They will have the final say on the outcome of your case and on the damages owed.
Get Help With Your Wrongful Death Claim Today
As you can see, a wrongful death lawsuit can help you get compensation for the loss of a loved one.
This can provide valuable financial stability while you are grieving and help pay for support after their death. It can also give families a sense of justice about the death of a loved one, which can be important for the grieving process.
If you think you may have a wrongful death claim on your hands, get in touch with Wells and McElwee for a free evaluation today. We’re happy to help.]]>On Behalf of Wells and McElwee P.C.https://www.wmpc-lawyers.com/?p=463092023-03-03T07:49:34Z2022-10-26T06:16:48Zalmost 500,000 people suffer burn injuries that require medical attention in the U.S. each year. At least some of these burn injuries are the result of negligence on the part of an individual or business.
If you recently suffered a burn injury and believe that someone else might be to blame for it, it would be worth contacting a burn injury lawyer right away. A burn injury attorney can help you file a burn injury claim and assist you in trying to get the compensation you deserve to cover medical bills, pain and suffering, etc.
You shouldn’t just hire whichever burn injury attorney you can find first, though. Instead, you should search for the best burn injury lawyer in the Athens, GA area and hire them to lend a hand to you.
Here is a guide on how to locate a burn injury attorney that you can trust to handle your case.
Begin by Seeing Which Burn Injury Lawyers Exist in Athens, GA
As we just mentioned, you do not want to simply Google “burn injury lawyers in Athens, GA” and select the first name that appears when you’re on the hunt for a burn injury attorney. You will usually be asking for trouble if you take this approach to trying to find one.
Rather than going in this direction, you should Google “burn injury lawyers near me” and jot down all the names you can find. It’ll give you a great overview of which burn injury attorneys exist in the Athens, GA area.
From there, you’ll be able to do your homework on each of the available options. It’ll put you in a much better position to pick the best personal injury lawyer of the bunch.
Research Each of the Burn Injury Lawyers in Your Area
Once you’ve created a lengthy list of local burn injury lawyers, you can begin doing your research on them. You can research these lawyers by visiting their websites to get a better sense of what they’re all about.
While you’re on a burn injury lawyer’s website, you should be able to find out:
How long they’ve been practicing law
What experience they have when it comes to burn injury law
How they handle burn injury claims that come their way
And so much more
By spending 15 minutes or so on a burn injury lawyer’s site, you should be able to learn almost everything you need to know about them. You should try to focus on the lawyers that have specific burn injury law sections set up on their sites. It’ll show you that they really know what they’re doing as far as burn injuries are concerned.
Figure Out Which Local Burn Injury Lawyers Have the Best Reputations
It can be a little bit tricky at times trying to figure out which burn injury lawyers are the best of the bunch based on their websites. Every lawyer is obviously going to try to market themselves as the best burn injury attorney around.
So in addition to visiting the sites for local burn injury lawyers, you should also attempt to find online reviews that people have left for them. These reviews will give you some much-needed insight into which burn injury lawyers have the best reputations in Athens, GA.
If a burn injury lawyer has one negative review after another from former clients, that will serve as a big red flag. You’ll know that you should steer clear of working with this lawyer.
You should instead hone in on the burn injury lawyers that have lots of positive reviews. You’ll know that you’re going to be in good hands when you have one of these lawyers on your side during your burn injury claim.
Look At Where Different Burn Injury Lawyers Are Located
Athens, GA isn’t a small city by any stretch of the imagination. It’s about 118 square miles in size, and it includes almost 130,000 residents.
With these things in mind, you will want to consider the locations of different burn injury lawyers before picking one out. You don’t want to get stuck driving all the way across the city to see your lawyer all the time.
This will be especially true for those people who have suffered burn injuries that have made it difficult for them to get around. You might struggle to get to and from a burn injury lawyer’s office no matter where it’s located. But you’ll make things even harder by choosing a lawyer who has an office that isn’t anywhere close to your house.
You should be able to see where each burn injury lawyer on your list is located right on their website. You can then map out the locations of different burn injury attorneys to see which ones are in the best locations for you.
Set Up Phone Interviews With a Few Burn Injury Lawyers
When you reach this point in your search for a burn injury lawyer, there should be at least a few lawyers that are beginning to appeal to you. You should reach out to these lawyers and ask them if they would be willing to jump on the phone with you for a little while.
By touching base with burn injury lawyers, you’ll be able to see what each of your options is like. You can figure out which ones you get along with the most and discover more about what each one can bring to the table.
You’re going to spend your fair share of time working with a burn injury lawyer in the coming weeks, months, and potentially even years. So you will want to find one that you have a good rapport with from the beginning.
Ask Nearby Burn Injury Lawyers to Evaluate Your Case
Outside of speaking with burn injury lawyers on the phone to see what they’re like, you should also touch base with them to talk about your case. You should provide them with as much burn injury evidence as you can, allow them to review it, and then ask them what they think about your case.
You will want the burn injury lawyer who is representing you to believe strongly in your burn injury claim. Otherwise, you might not stand a chance once it’s time to try to negotiate a settlement or try your case in court.
Many lawyers will be more than happy to review your case with you and provide you with their professional opinion on it. They can tell you how strong they think your case is and let you know if they think it would be worth filing a burn injury claim in the first place.
Find Out How Different Burn Injury Lawyers Would Approach Your Case
If any of the burn injury lawyers on your list tell you that they don’t think you have a strong case, you won’t need to ask them which approach they would take to your case. You can politely thank them for their time and let them know you won’t be retaining their services.
But if any burn injury lawyers tell you they believe you would have a strong case, you should ask them to explain how they would handle your case if you were to hire them. They should be prepared to provide you with an overview of the strategy they would use in an attempt to get you the money you deserve.
The very best burn injury lawyers will be on the ball and ready to break down all the elements of your case. They’ll instill confidence in you that will make you feel more comfortable with the idea of choosing them to represent you.
Consider Which Burn Injury Lawyers Will Go Above and Beyond for You
The best burn injury lawyers are going to do more than just agree to take on your case if you would like to hire them. They’re also going to go the extra mile for you based on the burn injuries that you sustained.
Lawyers like this will be able to set you up with:
Counseling resources
Support networks
Therapeutic services
And more
A burn injury lawyer should understand all of the different things that you need right now outside of just legal assistance. They should aim to make your life as easy as it can possibly be while they’re representing you and trying to help you get your hands on a settlement.
See Which Burn Injury Lawyers Communicate the Best
As we alluded to a few moments ago, there is a good chance that you’re going to be spending weeks, months, and maybe even years working with a burn injury lawyer. Because of this, you’re going to need to have a lawyer in your corner who knows how to communicate effectively.
First and foremost, a good burn injury lawyer will always take your calls when you need to speak with them. They’ll also respond to your emails, texts, and any other methods of communication that you might prefer.
In addition to doing these things, a good burn injury attorney will be proactive about keeping you updated on your case. They’ll call or email you any time they have updates they can provide. It’ll keep you in the loop and ensure that information doesn’t slip through the cracks.
If you get the sense that a burn injury lawyer isn’t good at communicating from the very start, you should rule them out immediately. The last thing that you want to do is get stuck working with a lawyer who is difficult to track down when you need them the most.
Compare the Costs Associated With Various Burn Injury Lawyers
One of the final things you should consider when you’re interested in hiring a burn injury lawyer is how much each one will charge you. You’re likely going to find that each lawyer will extend a different price to you for their representation.
The good news is that most burn injury lawyers aren’t going to charge you anything upfront. They’ll instead take a percentage of whatever settlement they’re able to work out for you.
But this percentage can vary from one lawyer to the next. Some personal injury lawyers might only take 15% of your settlement, while others might ask for upwards of 40%.
You don’t necessarily want to just choose the lawyer that’s going to collect the smallest percentage from you. That might not be the best lawyer for your case.
But at the same time, you also don’t want to blindly pick a lawyer without considering what their fee will be. That could put you in a position where you’ll have to pay them a lot more than you would have to pay other lawyers in the Athens, GA area.
It would be worth asking a few different burn injury lawyers for their going rates. It’ll enable you to compare the costs associated with different lawyers so that you can land on the right one.
Call Us If You Need a Great Burn Injury Lawyer in Athens, CA
When you’re in the process of trying to recover from burn injuries, it can be a challenge to find a great burn injury lawyer. It’s going to take some work on your part.
But by putting in this work, you’ll eventually be able to find a great burn injury lawyer. We would love to show you what we can do to help you recover from your burn injuries faster and secure the money that you need to put the pieces of your life back together.
Contact us today to discover more about our burn injury law services.]]>On Behalf of Wells and McElwee P.C.https://www.wmpc-lawyers.com/?p=463022023-03-03T07:49:41Z2022-09-16T05:46:24Z1. Do I Need a Workers’ Compensation Lawyer?
Not every work comp case will need a lawyer as in some cases, you’ll have handled it all already. Sometimes you’ll file your claim and there will be no pushback at all. It’ll go through and get accepted without issue, so in these instances, there is no need for a lawyer.
Any workers’ compensation lawyer worth their salt will be honest with you about this. If the other party keeps stalling the process or you got denied, then you’ll need a lawyer to step in and help you out. They know the laws inside out and will be able to put pressure on to get the case started.
2. Who Will Handle My Workers’ Compensation Case?
When you talk to the lawyer either over the phone or in person, you’ll likely assume they will take your case. In a lot of cases, it should be but sometimes it could go to a different lawyer you didn’t talk to yet.
Many firms have several associates that all work in tandem to ease caseloads. Some will do better than others in each type of claim or the lawyer you spoke to might have too many cases on already.
There’s nothing wrong with working with a different lawyer but you should know in advance. This way, you can talk to them and ask your questions to the right person from the very start.
3. Do I Need to Pay For My Legal Representation Upfront?
In general, personal injury lawyers don’t need an upfront payment. Instead, they will work for a percentage of your settlement amount instead. If you don’t win, then it might be the case that the lawyer doesn’t get paid at all.
Ask if this is the case or if they will need payment before they take the case. Also, make sure you ask for the amount that it will cost you.
When handling a work comp case you need to be double sure of the costs. This could be affecting your finances already, and you don’t want to end up stretched further.
4. How Long Have They Been In Personal Injury
You can get an idea of a person’s experience by knowing how long they’ve practiced. Make sure you ask how long the lawyer has worked on workers’ compensation cases. It’s quite possible they work in a different area that that experience won’t help you.
If you have a simple claim, it’s also not the end of the world if a newer associate takes it. If your case is complex or facing issues right from the start, you’ll want a seasoned professional.
5. Have They Handled Similar Cases to Yours Before?
Each work comp lawsuit will be unique and you’ll never quite know what it can throw up. But there are similarities to look for where previous experience can benefit you. These are:
Type of injury
Where the accident occurred
How it’s affected the body
How the employer is handling the claim
How the paperwork got filed
Where possible, you want to find an attorney who has handled cases like yours before. A good attorney will look at your claim details and tell you if it reminds them of a previous case of theirs.
6. What Potential Challenges Do You Forsee With My Case?
As with anything, unexpected issues can arise and workers’ comp cases are no different. An experienced attorney might be able to spot any potential issues in your case in advance.
As you explain your accident and injuries the lawyer should listen and make notes. Not only does this information help them form an attack plan, but spot problems well ahead of time.
This isn’t always the case and they won’t catch every problem but it’s worth asking what they think. They should be honest and upfront about how they think the case could unfold.
If an attorney tells you that it will be smooth as you like with no issues, take this as a red flag. Nothing is certain nor easy when it comes to law and the legal system is complex. This means that no case is ever truly the same as another.
An attorney with a long, successful career will have past difficulties to draw on. Especially if they have handled cases like yours before.
This will put you in a better position to predict and counter issues you could face. But, be aware that a new challenge could appear and catch you both by surprise.
7. What Success Rate Do They Have?
The success rate a lawyer or firm has can hint at how good they do their jobs. Success rates refer to the percentage of cases they got paid for, against the total number they took on. The higher this number is the better it looks.
For example, if a lawyer states they have an 80% success rate this means that for every 10 cases they won 8. The would give you very good odds of winning your cases. If that success rate is 50% though, that means they’re only winning half their cases.
Any attorney you talk to should know their success rate and share it with you. If they don’t know or won’t share it, it’s another red flag. You need an attorney that’s transparent, so it’s time to choose another one.
8. Can They Provide References?
Even after you check their success rate and how much experience they have, you want to see references. It’s always good to see that they can back these figures up with testimonials from happy past clients.
Most law firms will make testimonials available on their websites. If not though, ask for them when you’re in discussion with any lawyer you’re talking to.
Traversing the US legal system is often stressful so you want a lawyer who shows empathy. They should be calm and considerate, especially if you’re still injured. It makes a whole world of difference for any legal case.
When you ask for these references, make sure you ask to speak with a past client too. They’ll be able to expand on what they’ve written and answer any other questions you have about the lawyer.
You can also check a law firm online on places like Google. There will be reviews on there you can check too. Remember, it’s ok not to have 100% good reviews, you can’t please everyone.
What should be a red flag is if there are more bad ones than good ones. Or they’re rude to clients when they reply to negative reviews. You can also look them up on the Better Business Bureau where you can see if they’ve had any complaints.
9. If I’m At Fault Does This Pose an Issue?
In general, it shouldn’t matter if you’re at fault for the injury. If you got tired, sloppy or any other fault you can still file for workers’ comp. But, there are a few exceptions to be aware of.
If you were under the influence of drugs or alcohol it could be right to deny your claim. You may also face legal ramifications on top of this. Even if you did suffer intoxication, it’s worth chatting to a lawyer to see where you stand.
Wherever the fault lies, it has to have happened at work or during your regular work duties. This does include any work that you do off-site if that is part of your job description. If you get any injury while you’re doing your work, you can claim workers’ compensation.
10. What Do I Need to Say to My Doctor?
You need to seek medical help to work out how serious your injuries are and their extent. If you’re asking your attorney what you need to say to a medical professional they should all tell you: the truth.
A bad attorney might try to get you to alter the details of your case if it would bend the case in your favor. This not only breaks workers’ comp law but also could invalidate documents.
Any medical bills or records may now be useless in your case and could compromise your claim. Always be honest with your doctors about what happened during the work accident.
Don’t try to make small talk, stick to the fact about the injury and get to the point. Don’t let them misunderstand anything or make their own assumptions.
Even ask them to read their notes back so you can be sure they got everything right. This includes the accident details and what injuries you suffered. This information goes into your medical record and it can make or break your case.
11. If I Get the All Clear Do I Go Back to Work?
If you’re honest with the doctor about your injuries and they give the all-clear for light duties, you should try. Remember, you don’t want to make the injury worse or set your recovery back. Only resume the work duties that your doctor clears you to do.
It’s the law that employers need to make reasonable accommodations for your injury. If you’re cleared to do light duties, they should allow you to do this while still finding cover for your other work. If they refuse to accommodate you, talk to your lawyer as soon as you find out.
12. Will I Get Fired If I File For Workers’ Compensation?
No, you won’t get fired if you file for workers’ compensation. If you get injured at work and file a claim, your employer would break the law if they fired you.
If you do get fired after you make your claim, then speak to an attorney as soon as you can. You could have a larger lawsuit on your hands and could sue for wrongful termination. And that’s a whole different ball game.
13. Do I Need to Sue My Employer?
It can be tempting to sue your employer if it was their negligence that resulted in your accident. But, you need to understand that if you file for workers’ comp you will waive your right to sue. Filing a claim means you’re already on the way to getting compensation for lost work time and your injury.
It’s a different matter if your employer violated your OSHA workers’ rights. If the injury occurred because of this you want to contact a lawyer as soon as you can. An attorney can then advise how to report this to the authorities as your employer could be in for some big fees.
14. Will They Pay for Litigation or Do I Need To?
Some law firms do pay the litigation costs when they take the case on. Others will need you to pay some or all these costs instead. Before you agree to hire anyone, it’s important you understand which scenario it’ll be.
You need to know what you’re responsible for and how much it will be. If you do have to pay, you could be out of pocket a significant amount before you’ve even seen a settlement amount.
Litigation costs refer to any bills or fees that you get during the case. Here are some common costs you’ll encounter:
Fees for copies of doctor’s notes and medical records
Fees for medical reports and testimonies
Costs for court transcriptions
Any court costs
These are only some of the most likely costs you’ll encounter. Depending on your case there could be other expenses for your claim. This can include expert witnesses.
A Workers Compensation Attorney Can Get You the Justice You Deserve
It’s a wise idea to hire a workers compensation attorney if you’re going to file a comp claim. A good attorney will have worked on similar cases and have a good success rate. They’ll be straight up, honest and reliable in their communication.
This will help you stay up to date and doing what you should at each stage of the process. It’s the best thing you can do to set yourself up for a successful claim.
If you’re ready to get your claim started, contact us today. At Wells & McElwee P.C. we know each workers comp claim is different. No matter how big or how small, we’re here to offer you tailored support for the result you deserve.]]>On Behalf of Wells and McElwee P.C.https://www.wmpc-lawyers.com/?p=463072023-03-29T15:16:00Z2022-06-22T06:11:53Z3.2 million nonfatal injuries in American workplaces in 2020. This most recent reporting year also saw approximately 4764 fatalities across the US while employees were at work. If you or a loved one suffered one of these accidents recently, it’s important that you file a lawsuit ASAP to receive the damages that you’re due.
There are multiple types of suits that you can file and claims that you can make. Read on to learn whether your case qualifies as personal injury, wrongful death, or worker’s compensation.
The Basics of Personal Injury Cases
“Personal injury” is an extremely broad legal category that encompasses all damages to a person’s body or property. To file a legitimate personal injury (PI) claim, you need to prove that someone else caused the injury. This cause may have been an action that they took, but it more commonly refers to negligence.
For example, take an employee who slips and falls on company property and falls down a flight of stairs.
If the company took all necessary precautions such as barricading the unsafe stairwell and providing written information about the hazard, this worker may not have a PI claim. On the flip side, if the flooring was clearly uneven and unrestricted while and no information was given on the hazard, the employee could file a PI suit.
If this employee succeeded in proving that the employer was at fault for their injury, they will win their case and be entitled to damages. PI cases are also often referred to as “tort cases,” and winning the case means that you have taken successful tort action.
In almost every successful tort case, the party at fault pays the injured individual the cost of their medical bills. They may also need to pay you for the working hours that you lost due to your injury and the money you lost because you were unable to perform tasks.
In some cases, you also may be entitled to damages for pain and suffering. This is not always true, but it’s worth discussing with an attorney. The goal of a tort case is to get you the maximum compensation available.
Do Personal Injury Cases Need to Be Work-Related?
No, PI claims apply whenever another party is responsible for someone else’s injury. If the previously-discussed slip and fall injury happened in a retail store or even on another person’s residential property, the injured party could still sue for damages assuming that they could prove fault.
Types of PI Cases
We stated earlier that “personal injury” was a broad category of legal action. In truth, it’s more of an umbrella term. It accounts for multiple types of cases, including:
Slip and fall accidents
Other workplace injuries
Product liability (for faulty products that the injured party purchased and was harmed by)
Medical malpractice
Auto accidents (including car, truck, motorcycle, and even Uber/Lyft crashes)
Aviation accidents (plane crashes)
Nursing home abuse and neglect
Animal/dog bites
Physical assault (in which case “fault” encompasses action rather than negligence)
These are just some common types of tort cases that one might sue for. There are other types of personal injury cases as well, though they are less common. If you sustained broken bones, soft tissue injuries, traumatic brain injuries, spinal cord injuries, or psychological damage, it’s worth looking into making a claim.
Worker’s Compensation 101
Worker’s compensation lawsuits are very similar to personal injury cases at first brush. Both types of cases revolve around injuries.
Both major injuries and minor injuries are covered by worker’s compensation. The ins and outs of worker’s comp likely are outlined in company handbooks.
There are three main differences between a PI suit and a worker’s compensation claim: the need to prove fault, the party responsible for the injury, and the damages that you’re entitled to.
Do You Need to Prove Fault for Worker’s Comp?
The first and most important difference between PI cases and worker’s compensation claims is the need to prove fault.
Proving fault is the main action that you must take to win any personal injury case.
The success of a tort claim relies on the ability to prove that the other party could have prevented your injury. They owe you money on the basis of negligence or action rather than simply you being injured.
This is not true of worker’s compensation.
Worker’s comp cases do not require you to prove fault. Any employee who is injured while on the job is entitled to benefits through worker’s compensation (with very few exceptions). There’s no need to prove that your employer was negligent or took action that harmed you.
If the employee that we discussed earlier fell down the stairs due to their own negligence after their employer took necessary precautions, they still could obtain worker’s compensation.
The Location of Worker’s Compensation Claims vs PI Claims
As the name suggests, worker’s compensation is only offered to those who sustain injuries while on the job. It also may extend to those who are injured on company property outside of work hours, but this is not always the case.
If someone fell down the stairs in a shopping center, they could not file for worker’s compensation. They may be able to file a PI lawsuit if the shopping center were at fault. If there were no way to prove fault, though, the injured party would be out of luck.
Differences in Personal Injury vs Worker’s Comp Damages
Both PI and worker’s comp damages cover medical bills and lost work time. They also both cover permanent impairment benefits and vocational rehabilitation.
However, PI claims also cover pain and suffering and hedonic damages. Worker’s compensation does not cover these damages. The reason for this is that worker’s compensation is an agreement between employees and business owners.
In the past, if the employee did not sue for personal injury and win their case based on fault, they got nothing. Worker’s compensation is a compromise, and it’s because of this compromise that only basic damages are covered.
Can You Sue an Employer for Personal Injury Instead of Getting Worker’s Comp?
There’s no getting around the fact that a PI case can get you better compensation than a worker’s compensation claim can. For this reason, it’s easy to wonder why people wouldn’t just sue their employers any time they sustained workplace injuries.
In almost every case, employees are contractually prohibited from suing their employers. This is because injuries are generally covered by worker’s compensation.
The reasoning for this prohibition goes back to the fact that worker’s compensation is a compromise between workers and their employers. Employees get the benefit of not needing to prove fault. Employers get the benefit of safety from costly lawsuits in exchange.
What Sets Wrongful Death Lawsuits Apart?
Let’s go back to our hypothetical worker who has fallen down a flight of stairs at work. Imagine that rather than sustaining a nonfatal injury, he sustained a head injury and passed away.
In cases of wrongful death, the rules regarding suing the company do not apply. If negligence or misconduct in the workplace results in death, those who survive the deceased may file a wrongful death claim.
In order to succeed in obtaining compensation for wrongful death, those filing the suit must prove three things:
The person that they are filing on behalf of is actually dead,
This death took place as a result of the accused party’s negligence, and
The survivor filing the suit has suffered financial damage as a result of the death.
The first point is easy to prove, but the latter two require professional legal assistance. An experienced Georgia wrongful death attorney can help you prove your case and get the damages that you are owed.
Do Wrongful Death Claims Need to Be the Result of Workplace Injury?
Like personal injury cases, wrongful death suits can be directed at any party whose actions or negligence caused the fatality. This includes medical malpractice, faulty products, auto accidents, and employer negligence.
The main difference between these two types of lawsuits is that personal injury is for nonfatal injuries. Wrongful death is for fatal ones.
A wrongful death lawsuit can be filed even if the person did not die at the site of the injury. The fatal injury simply must have been sustained on the third party’s property or taken place due to their negligence.
Wrongful death is also unlike personal injury cases in that it supersedes worker’s compensation. There are no restrictions on suing employers.
Who Can File a Wrongful Death Claim?
In Georgia, the following parties can file for wrongful death:
Surviving spouse of the deceased (get top priority in GA, entitled to 1/3 of the damages regardless of who files)
Surviving children
Surviving parents (if there is no surviving spouse or children)
Estate representatives
Any of these family members can claim financial losses such as lost wages. They also may be able to claim intangible losses like pain/suffering, loss of companionship, and similar benefits.
Like a personal injury claim and unlike a worker’s compensation claim, you can get damages for pain and suffering in the event of a wrongful death.
Estate representatives aim to instead make up for financial losses after the death took place. These losses might include medical costs, funeral fees, and burial costs.
Is Your Case Personal Injury, Wrongful Death, or Worker’s Compensation?
So, how do you know which type of claim you should file with a Georgia attorney?
Worker’s compensation claims are the right choice when:
Someone is injured on company property (of their employer)
This injury is not fatal
There is a clause stipulating that the employee cannot sue because worker’s comp is available
The injured party cannot prove fault/negligence
The injury was a result of the injured party’s negligence or error
Since worker’s comp claims will get you fewer damages that personal injury cases will entitle you to, they’re the best option for those who do not have other alternatives.
Personal injury claims are ideal in the following situations:
An injury is not fatal
The injury does not take place in their workplace
The injured party is able to prove fault/negligence with the help of an attorney
You believe you are entitled to damages including pain and suffering
PI cases are the most favorable option for those who were nonfatally injured. While the injured party must prove fault, they can file after any injury regardless of where it happened. They also can give you more compensation than worker’s comp can.
Wrongful death cases are reserved for the following scenarios:
The injury was fatal
You are a party who is legally able to file a wrongful death claim
The death took place either on the employee’s company property or anywhere else
You are able to prove fault/negligence on behalf of the deceased
The person filing suffered postmortem financial losses
Ultimately, an attorney can help you determine which type of case is right for you. There are exceptions to every rule, so it’s important to reach out to an expert to know for sure.
Begin Filing Your Claim With Top Georgia Attorneys
It can be difficult to decide whether your claim falls under personal injury, wrongful death, or worker’s compensation. However, with some background knowledge and the help of a legal professional, making this decision and receiving damages is a much simpler process.
Now that you know what type of lawsuit to file, it’s time to begin talking with a Georgia lawyer about your claim. Our legal team is committed to helping you start filing your case and beginning negotiations to get fair compensation. Contact us for a free case evaluation and to answer any questions that you may have.]]>On Behalf of Wells and McElwee P.C.https://www.wmpc-lawyers.com/?p=463032023-04-06T17:31:56Z2022-05-19T05:58:44Z200,955 deaths every year?
Most of these injuries are the result of negligence by another person or party. If that’s the case, victims have the legal right to seek compensation by filing a personal injury claim.
If you’re looking to file a personal injury claim, it’s a good idea to find a proficient personal injury lawyer for your case. That’s because insurance companies hire some of the best lawyers in the country to refute your claim. Going it alone will only work to your detriment.
However, with so many personal injury attorneys available today, picking the right one can be a serious challenge. If this describes your predicament, worry not; we’re here to help.
In today’s post, we’ll be highlighting a couple of tips for hiring the best personal injury lawyer for your case.
What Does a Personal Injury Lawyer Do?
A personal injury lawyer is a professional who helps people receive compensation for the injuries they have sustained due to someone else’s negligence. This type of lawyer typically works on a contingency basis, which means they only get paid if you win your case.
If you’ve been injured in an accident and are considering filing a personal injury claim, you may be wondering what a personal injury lawyer can do for you. Here are some of the things personal injury lawyers typically do:
Investigate your accident to determine who was at fault
Gather evidence to support your claim
Negotiate with insurance companies on your behalf
File a personal injury lawsuit on your behalf, if necessary
Represent you in court, if necessary
It’s worth noting that personal injury lawyers aren’t mandatory for personal injury claims. However, we highly recommend hiring one to get the compensation you deserve. Plus, since most of them work on contingency, you have nothing to lose.
Tips for Finding the Best Personal Injury Lawyer for Your Case
There’s no shortage of personal injury attorneys in the US. Do a simple Google search, and you’ll find dozens of them eager to help you file your claim. Here are a few tips for hiring the right one for you.
1. Consider the Specifics of Your Case
You might be surprised at just how broad personal injury law is. It covers everything from car accidents and slip and falls to medical malpractice and defective products. As such, it’s important that you find an attorney who specializes in the specific type of accident you were involved in.
For example, if you were injured in a car accident, you’ll want to find a personal injury lawyer who specializes in car accidents. If you were injured at work, you might need a lawyer who specializes in workers’ compensation claims. The same applies if you were injured in a slip and fall accident or due to medical malpractice.
It would be nearly impossible for one lawyer to be an expert in all types of personal injury cases. By finding a lawyer who specializes in your type of case, you can be sure you’re getting the best possible representation.
2. Check the Lawyer’s Experience
As you’d expect, the more experienced a lawyer is, the better they’ll be at handling your case. That’s because personal injury law can be quite complex, and an experienced lawyer will know how to navigate the complexities to get you the best possible outcome.
As a rule of thumb, look for a lawyer with at least 5 years of experience handling cases like yours. We’re not dismissing the newer lawyers, but it’s hit-or-miss with them. To be on the safe side, just find an experienced lawyer and secure your case.
What’s more, it’s worth noting that experience doesn’t just mean how many years the lawyer has practiced. A better indicator of experience is how many clients the lawyer has worked with before. Ask them about the cases they handled and how their most recent cases turned out.
This will give you a good idea of what you can expect from the lawyers. Lawyers with lackluster success rates are definitely not worth your time or money.
3. Ask for Referrals From Close Friends and Family
If you have friends or family members who have used personal injury lawyers in the past, ask for referrals. It’s likely they’ll be more than happy to refer you to a lawyer they’ve worked with before and had a positive experience with. Family and friends are more likely to point you in the right direction than complete strangers.
Of course, this isn’t always possible. If that’s the case, don’t worry too much. Just do your homework and follow our advice to the letter. You’ll find the right lawyer for your case in no time.
4. Check the Lawyer’s Reputation
When you’ve compiled a list of potential personal injury lawyers, it’s time to do some digging and check their reputation. Start by checking online reviews. Google the lawyer’s name and see what others have said about them.
Most law firms will have their own websites where you can check reviews from previous clients. However, some law firms may doctor their reviews to dupe unsuspecting clients. To be on the safe side, consider checking out reviews on authority review sites like Yelp or The BBB.
Remember, one or two negative reviews shouldn’t be a deal-breaker. In fact, read a few negative reviews so you can get a well-rounded view of the lawyer. Of course, you want a lawyer with more positive than negative reviews to help you file your claim.
Lawyers that belong to attorney trial associations are the jackpot. By attorney trial associations, we’re talking associations like the American Bar Association and sites like SuperLawyer.com.
The fact that a lawyer is a member of these associations speaks volumes about their reputation. If they’re good enough to be accepted into these highly-coveted associations, you can bet your bottom dollar they’re the real deal. Lawyers that hold awards or leadership positions are just what the doctor ordered.
5. Check How Much the Lawyer Charges
Personal injury lawyers typically work on a contingency basis. This means they only get paid if you win your case. If you don’t win, you don’t owe them anything. Most personal injury lawyers will charge between 33% and 40% of your total settlement.
However, it’s not uncommon for some lawyers to charge a higher percentage. If you’re not comfortable with the lawyer’s fee, move on to the next one on your list. However, be cautious of lawyers who charge very low rates, and here’s why.
Remember, personal injury lawyers must cover certain fees and still make a profit. Any lawyer charging meager rates is likely cutting corners. The results will be underwhelming.
It’s no wonder lawyers that charge very low rates don’t work on a contingency basis. That’s why you should also find out how much the lawyer charges for their services. Some personal injury lawyers will charge an hourly rate, and others will charge a flat fee, but the best ones work on a contingency basis.
6. Find Someone You Can Get Along With
Your personal injury case will take months, maybe even years, to settle. You’ll be working closely with your personal injury lawyer during this time, so it’s important to find someone you can get along with.
You should feel comfortable confiding in your lawyer and vice versa. You want a lawyer that listens to you and answers all your questions. If you don’t feel comfortable with your lawyer, find someone else.
The personal injury case period will be a stressful time. The last thing you need is more stress from working with a lawyer you can’t stand.
7. Check What the Lawyer’s Office Looks Like
It might seem a bit trifling, but you also want to check out the lawyer’s office. A well-kept and organized office is a good sign that the lawyer is professional.
A lawyer that doesn’t take the time to keep up with their office probably won’t be very attentive to your personal injury case. You want a lawyer that’s on top of things and will give your case the attention it deserves.
While you’re in the office, also take note of how the staff treats you. The way the receptionist greets you and the way the lawyer’s assistant talks to you is telling. If they’re rude or seem uninterested in helping you, it’s a sign that the lawyer won’t serve you well.
You want a lawyer that has a professional and friendly staff because you’ll be dealing with them a lot. Also, steer clear of any lawyer with an overtly disorganized office. A messy office is a red flag you shouldn’t ignore.
What Kind of Cases Does a Personal Injury Lawyer Handle?
As mentioned above, personal injury law is pretty broad, so you need to first ensure that your case qualifies as a personal injury case. Here are a few types of cases that personal injury lawyers handle.
Motor Vehicle Accidents
This is the most common type of personal injury case. If you were injured in a car accident, truck accident, or motorcycle accident, you can file a personal injury claim.
You can also file a personal injury claim if you were a pedestrian hit by a vehicle. These cases usually involve negligence on the part of the driver. If the accident was your fault, you have no case to present.
Slip and Fall Accidents
When you slip and fall on a wet floor on a commercial or institutional property, you can file a personal injury claim. The custodians of these properties have the responsibility to label slippery floors to avoid such accidents.
You can also file a personal injury claim if you trip and fall on an object that was left in the middle of the aisle in a store. These cases usually involve negligence on the part of the store owner to maintain a safe environment for shoppers.
To win these cases, you must be able to prove that the property or store owner was aware of the hazard and did nothing to fix it or label it. These cases are harder to win if the hazard was something that just happened, like a sudden liquid spill. A personal injury lawyer will help you file your claim for a slip and fall accident.
Defective Products
Personal injury lawyers also handle cases where people are injured by defective products. If you were injured while using a defective product, you can file a personal injury claim against the manufacturer.
These cases usually involve a manufacturing or design defect that makes the product dangerous for consumers. For instance, in 1999, a family got a $4.9 billion settlement from General Motors after a van from the company exploded following an accident, killing all passengers.
Dog Attack Injuries
You can file a personal injury claim if you are attacked and injured by someone else’s dog. To win such cases, you must be able to prove that the dog’s owner knew the animal was dangerous but did nothing to keep it under control or warn people about it.
These cases are harder to win if the attack happened on the dog’s property, because most states have laws that protect dog owners in these situations. In fact, you could be the one in trouble for trespassing.
Medical Malpractice
Did you know that medical malpractice is the third-leading cause of death in the country, with more than 251,000 deaths every year? You can file a personal injury claim against a doctor or hospital if you were injured due to their negligence.
However, you must prove that the health care professional deviated from the standard of care and that this deviation resulted in your injuries. These cases are complex and usually require the testimony of another medical expert.
Only the Best Personal Injury Lawyer Will Do
With the above tips, you’re well on your way to finding the perfect personal injury lawyer to help you file your claim. Just remember to check out online reviews and do some background research on the lawyer in question. Also, don’t be afraid to ask for referrals from your friends and family to get the right person for the job.
Lucky for you, the best personal injury lawyers in the country are a click away. Get your free evaluation today, and we’ll help get you the compensation you deserve.]]>On Behalf of Wells and McElwee P.C.https://www.wmpc-lawyers.com/?p=463042023-03-03T07:49:59Z2022-03-16T06:02:45ZWhat Is Workers’ Compensation?
Workers’ compensation, also known as workers’ comp, is a program that provides benefits to workers who sustain an illness or injury while on the job. This insurance program offers cash and healthcare benefits.
Not all states require businesses to carry this type of coverage. In Georgia, the law requires all companies with more than three workers to have workers’ compensation insurance. This also includes any part-time workers on staff.
How Can a Workers’ Compensation Lawyer Help Me?
The process of filing a workers’ comp claim is relatively straightforward, but the back and forth between your employer and their workers’ comp insurance provider is time-consuming. It is also an overwhelming process to go through while trying to heal.
Instead, you can reach out to a reputable workers’ compensation lawyer to help you file your claim. They will help you fill out documents, and they will gather any paperwork your employer needs to ensure your case moves along in a timely fashion. Seeking counsel also helps ensure that your employer’s insurance company doesn’t try to deny your claim.
Seek Counsel Soon After the Injury
When a workplace accident happens, it is imperative that you let your employer know as soon as possible. You will need to take note of where the accident occurred and the date and time it happened.
Other important information you must report:
Any witness information
What caused the accident
Injury suffered
Shortly after you report the injury, seek medical treatment. Keep a record of your medical visits and any payments you had to make for treatment.
Different Types of Workers’ Compensation Claims
Depending on where you work and what type of work you do, your injuries may vary from someone else. For example, if you work on a wind farm, you could potentially suffer from broken bones or head injuries from working on the wind turbine.
Other types of workers’ compensation injury claims:
Hearing loss
Traumatic brain injuries
Spinal cord injuries
Electrocution injuries
Muscular injuries
Chemical exposures
Your employer must ensure that the workplace is a safe environment to work in. Most workplace injuries can be avoided by having suitable safety precautions in place.
When Do You Need Workers’ Compensation Attorneys?
Depending on how your employer or their insurance company handles your claim, you may need to hire an attorney. For example, if your job states that the accident did not happen while on the job, but it did, you should seek counsel.
Sometimes, employers will try to claim that the injury did not occur at work if it took time for the injury to become aggravated. They also make those types of claims with chemical exposure injuries.
Permanent Disability Cases
If your injury left you permanently disabled, you might want to reach out to a reputable attorney for guidance. While you work on adjusting to the disability, you can hire a lawyer to take care of your workers’ compensation claim. Insurance companies also like to fight these cases because they have higher payouts than less severe accidents.
Your Employer Is Taking Their Time
Workers’ compensation insurance companies need time to investigate your claim, but they shouldn’t drag their feet. By law, insurance companies have 30 days to make a decision on the claim.
They either need to accept liability, deny liability, or explain why they need more time to work on the claim. If they cannot give you a valid reason why it is taking so long for them to make their decision, you might want to reach out to an attorney. They can help expedite the process.
If They Deny Your Claim
If your employer’s insurance company denies your claim for any reason, you should reach out to an attorney so they can review it for you. To prevent this from happening, you should call a workers’ compensation attorney as soon as you report the claim to your employer. This will give your attorney more time to evaluate the case and create the best defense strategy for your situation.
Why Should I Hire a Workers’ Compensation Attorney?
There are several benefits that come with hiring a workers’ compensation attorney. They have extensive knowledge of workers’ comp laws and have dealt with cases similar to yours.
Hiring a lawyer can also help increase your chances of receiving the full amount of benefits you deserve. If you make a mistake on your paperwork or miss a deadline, you could set yourself back months before you receive your benefits.
Objectivity
When you get into a severe workplace accident, you are most likely upset and confused, and you just want to get the case over with. When you are in that type of headspace, there is no telling what kind of decisions you will make or what you may say to the insurance company.
Workers’ compensation attorneys don’t have the same feeling attached to the case as you do. Instead, they are objective to the case, making it easier for them to handle the facts and properly litigate your case.
Experience With Insurance Companies
If you’ve ever been involved in a car accident or know someone who has, you know how long and trying the process is. You are also most likely aware of how insurance companies purposely train their adjusters to lowball clients with awful compensation offers.
Workers’ compensation adjusters are no different. They, too, have the training to lowball clients and their companies train them to prey on your vulnerability.
These adjusters know that you want to get the process over with, and they do, too, so they can move on to the next claim. Instead of falling victim to these tactics, you can work with an attorney who is fully aware of these awful tactics.
You Can Focus On Healing
After you get into an accident, the last thing you want to do is deal with paperwork or fight with an insurance company about the benefits you deserve. Instead, it would be best if you focused on getting back on your feet to take care of yourself and your family. When you consult with a lawyer, they can help you seek the right medical attention
Represents You in Court
If you and your employer’s insurance are unable to conclude, you may need to file a lawsuit that they will handle in court. Unless you have experience handling litigation on your own on a similar case, you may want to contact a workers’ compensation attorney.
They have years of experience and knowledge of court proceedings. They also most likely know the judges and other attorneys in the area. You will want someone who knows how to work in a courtroom to adequately protect your best interests in the event the case has to go to trial.
Common Workers’ Compensation Claim Denials
It isn’t uncommon for an insurance company to deny your claim. These big insurance companies will take any steps necessary to avoid compensating victims.
Insurance companies may try to claim that you have a pre-existing injury causing your pain. They will try to make you believe that the root of your pain is due to previous medical experiences or other conditions.
Pre-existing conditions that are unrelated to your workplace injury should not affect your eligibility to file for a workers’ comp claim. When you work with a reputable attorney, they will help you navigate that denial and prove to the insurance company that your pain does not stem from a previous injury.
Lack of Supporting Medical Documentation
If the insurer claims that you lack the proper medical documentation to support your claim, a lawyer can offer you insight on how to deal with that issue. Your employer’s insurance company does have the right to review your medical history and any other medical documents related to your workplace injury. When you first submit your workers’ comp claim, you have to sign a release form allowing them access to your medical records.
If you are unsure if you sent them the correct documents or if you need help gathering the correct paperwork, you can reach out to an attorney to guide you through that process. They can take care of that entire process on your behalf instead if you would like.
What if My Employer Retaliates?
Unfortunately, some employers retaliate against their employers after reporting a workplace injury or sickness. Not only is this stressful and overwhelming for the victims involved in the situation, but it is also illegal for an employer to retaliate against you.
If your employer harassed you or mistreated you because you reported a workplace sickness or injury, you deserve to have a legal team protect and support you. No victim should have to go through the emotional trauma caused by their employers.
You are already in so much pain, you should be able to get the compensation and proper treatment you deserve. Experienced workers’ compensation attorneys understand that this happens too often, and they are aware of what it looks like when an employer retaliates.
Help With Your Appeal
As mentioned earlier, if the insurance company denies your claim and you need to appeal it, you can rely on an attorney to help you through that process. When you work with an attorney, they can submit your petition for benefits with all the necessary supporting documents. This includes details about your injury, the accident, figures to show wage loss, and what benefits you wish to pursue.
During the appeal, you may have to go to a mediation hearing. This hearing is an informal conference between your lawyer, the insurer, and you. There will also be a third-party person who is not related to you, your attorney, or the insurance company. The third-party person is an unbiased party there just to mediate.
What if My Case Goes to Trial?
If your attorney and the insurer are unable to come to an agreement through mediation, your case may go to trial. During this time, your attorney will create a defense strategy to ensure you get what you deserve. This includes bringing in witnesses and providing medical records and other documents supporting your claim.
How Much Does a Workers’ Compensation Lawyer Cost?
Many people avoid entertaining the idea of hiring an attorney because they believe that it is expensive, but that is not true. Not all attorneys require you to pay them upfront, most work on a contingency fee. This means that you won’t have to pay anything to the attorney unless you win your case.
Get the Help You Deserve
Although you technically don’t need to have a workers’ compensation lawyer to file a workers’ compensation claim, you may want to consider working with one. Not only will they help you file your claim, but they can help you in the event of a denial or if you have any questions.
This can be extremely beneficial, especially if you sustained severe injuries and need help with the workers’ compensation process. If you need help with your workers’ compensation claim, contact us now for a free no-obligation case evaluation. Our team is ready to answer any questions or concerns.]]>On Behalf of Wells and McElwee P.C.https://www.wmpc-lawyers.com/?p=463082023-04-06T17:32:14Z2021-11-16T07:14:20ZDid you know that 5,333 people died from work-related injuries in 2019?
It is unfortunate to have a pulled muscle, slipped disc, or any other life-changing injury as you strive to earn a living.
You will be scared by the pain and possible inability to work again. Thankfully, it is possible to ease this tragedy with workers’ compensation.
Although you can handle the situation without involving the law, hiring a lawyer is your best bet. The price you pay the lawyer to represent you is a drop in the ocean, considering how much they help you recover.
Are you still sitting on the fence on whether or not you should hire a workers’ compensation lawyer? Read on for more reasons why you need to lawyer up your compensation.
Your Employer Denies the Case
To try and save their reputation and money, your employer may deny your case. They can claim that you did not sustain these injuries at work. This mainly happens if the injury you have started as a small issue at work but deteriorated elsewhere.
In other cases, the employer may claim that you are not their employee, especially if you have not worked with them for long. With the help of a workers’ compensation lawyer, you can prove that the employer’s allegations are false.
This way, you receive all the wages and compensation that you deserve.
Your Employer Delays Compensation
After your on-job injury, the company should provide you with the necessary paperwork and start your compensation as soon as possible. Unfortunately, you may realize that your employer is dragging his feet dealing with your case.
Even if they accepted the responsibility, it has been past 30 days since you were injured, and there is still no action. Such silence may result in you never getting the compensation in the long run.
Therefore, work with a lawyer to help put the employer on their toes and get your compensation.
You Sustained a Permanent Disability
Permanent disability will mean that you change your lifestyle or even career. You may not be in a position to get back to work for a long time or even at all.
For this reason, your compensation will cost your employer and insurer a fortune, which they will strive to avoid paying in full. Additionally, they may claim that your injuries are not as serious as you say and do not need huge compensation.
Therefore, after you realize that you have injuries that make it impossible to return to work, get in touch with a workers comp lawyer Georgia since you may have a huge case ahead.
The Settlement You Get Doesn’t Cover Everything
As mentioned earlier, your insurer’s goal is to give you the lowest compensation possible. In this attempt, you may fail to agree on issues such as the rating given by the doctor. They may require you to get an independent medical exam (IME) from a doctor they choose.
More often than not, this doctor will give a lower rating than what you had. Therefore, if you feel that what they settle for it is not enough, do not force yourself to be contented since it is most likely lower than you deserve.
Instead, get a lawyer who will help prove that your compensation is inadequate and why you need more.
You Had a Pre-existing Condition
Did you have a pre-existing condition before the accident? If yes, the insurer will take advantage of this condition to get out of the compensation. This will make it difficult to navigate the claim even if the conditions are unrelated.
For instance, if you had a neck problem then got an injury when lifting a heavy box, they will claim that this is not a work-related injury. The same is likely to happen if you have a disability and you happen to slip or fall.
A good lawyer will provide evidence that the scenarios are unrelated and help you get what you deserve.
You Receive Other Government Benefits
In case you are a beneficiary of Social Security Disability Insurance (SSDI) or Permanent Partial Disability, your benefits may reduce if you receive a worker’s compensation.
A personal injury lawyer will help you structure your settlement and minimize the overall SSDI benefits that are reduced. You will also need to work with a lawyer if you plan to apply for these benefits after the injury.
They will help you better understand the process and guide you on how to maximize your benefits. Additionally, they help you avoid cases of being accused of fraud.
You Face Retaliation After the Injury
Your rights as an employee remain even after you have sustained the injury. For this reason, if your employer changes how they treat you and start any form of retaliation after the injury, you should involve the law.
This retaliation could be in the form of demoting you, reducing your working hours, being fired, or being forced to return to work too soon after the injury. An employer who retaliates you for filing compensation claims violates public policy.
An attorney will help protect your employment security and get the right workers’ compensation even from such an unfair employee.
You Are Overwhelmed by the Workers’ Compensation Process
Regardless of the size of your injury, the first thing that comes to mind after the accident is how to get treated.
For this reason, you may not have enough time to learn the process and jargon entailed in the workers’ compensation.
Additionally, you may be too emotionally drained to start any court proceedings. Your lawyer will help handle the tough part of the compensation, and you concentrate on recovering.
Moreover, they will explain the law parts of the proceedings in layman language, your rights, and expectations from the case. The lawyer will also help you evade any mistakes that could cost you the compensation you deserve.
Is It Necessary to Invest in a Workers’ Compensation Lawyer?
Sure, you do not always have to call a lawyer as soon as you have even a minor cut in your workplace.
However, if you have a serious injury, you will need to hire a lawyer to help tilt the scales of workers’ compensation benefits in your favor.
Reach out for more information on hiring a worker’s compensation lawyer and start your journey towards getting the compensation you deserve.]]>On Behalf of Wells and McElwee P.C.https://www.wmpc-lawyers.com/?p=463112023-04-06T17:32:25Z2021-09-27T06:22:22ZInjuries can be a really personal and painful thing to go through. To heal, you need the right support from those around you. One of the most important things that anyone can provide is legal representation.
When it comes time for your personal injury case, make sure that you have a personal injury lawyer by your side.
So what can you expect from personal injury lawyers? Here are some of the benefits of hiring a personal injury lawyer.
Time-Saving
Hiring personal injury lawyers saves you valuable time. Instead of navigating the complicated legal system, personal injury attorneys can do all the work for you.
When someone has to handle everything by themselves, it’s easy for things to get missed or done incorrectly. This can lead to legal complications that cost victims more money. It may also prolong out-of-court settlement talks and court proceedings.
Let a personal injury lawyer handle everything from start to finish instead of losing a good chunk of your life going through trial and error. A personal injury lawyer who loves their job will be able to devote sufficient time to your case.
Hiring a lawyer also allows you to focus solely on recovering from injuries. This way, it won’t add additional stressors to an already difficult situation for yourself or your loved ones. All you want is to recover fully from injuries sustained in the accident.
So let a personal injury attorney handle all the heavy lifting when it comes down to seeking justice. Don’t waste any more valuable time in recovery being bogged down by paperwork. Or trying to win a personal injury settlement when it could be handled faster and more efficiently through an attorney.
Increases Odds of Winning
Personal injury cases with lawyers are more likely to win than personal injury cases without an attorney.
Without personal injury attorneys, most people don’t know the right legal steps they need to take for their case to be successful. This is why hiring a personal injury lawyer can improve your chances of winning your compensation claims by a huge margin.
Lawyers have the knowledge and expertise about how personal injuries work, so you don’t have to.
And it’s not just having a good personal injury lawyer on your side, either. It’s also about knowing when you should get one involved in the process. If you’re ever injured due to someone else’s negligence, hire a personal injury attorney immediately.
Don’t try to navigate through the legal system on your own. You’ll likely end up losing out in court.
Personal injury attorneys know what they need to do and say during trials for compensation claims. They’re trained professionals, so let them handle all aspects of a personal injury case.
Can Help You Avoid Costly Trial Process
Hiring a lawyer can help you avoid going to court for your compensation claims. This is supported by data showing that 95% of personal injury cases are resolved before trial.
Lawyers know how to settle cases with insurance companies more quickly than most people. And this is why they end up saving their clients time and money in legal fees. This way, clients don’t have to deal with extensive trials that could drain them financially or emotionally.
The trial process can be a really stressful and exhausting experience. But lawyers know exactly what needs to happen to get compensation claims resolved as quickly. They don’t want their clients to go into debt while waiting for their trial date to roll around.
So there’s no need to go through expensive court processes with no guarantee of winning. Get a lawyer to negotiate an out-of-court settlement.
Get Greater Rewards
Hiring personal injury attorneys will increase the amount you get in compensation claims.
Without lawyers, many people are left to negotiate their own settlements with insurance companies that offer unfair amounts of money for injuries sustained. And since most personal injury victims aren’t aware of how much they should be receiving, they end up taking whatever is offered by default.
On average, hiring a lawyer can help clients multiply what’s first offered through insurance companies. This is why it’s important to hire your own legal team.
Don’t go at it alone when seeking justice and financial rewards for pain and suffering related to accidents.
An injury lawyer will develop a detailed report on various costs related to your accident, including medical bills and lost wages. The lawyer will make sure that you get the maximum amount of compensation. They’ll present all this information in court or during negotiations with insurance companies.
You’ll Get Clear Legal Advice
Personal injury lawyers are there to help you through the legal process for your compensation claims.
The majority of personal injury victims aren’t aware of their rights after an accident. They don’t know who should be held responsible and how much they’re owed in financial rewards.
Lawyers can provide answers to these questions during client consultations. So victims don’t have to guess about what’s best for them moving forward with a case.
Hiring a lawyer will give you access to expert guidance on each step involved. And this isn’t just limited legal advice, either. It also includes emotional support, which is incredibly helpful for victims in shock after an accident.
Get a Boost in Self-Esteem
Hiring personal injury attorneys can help you feel better about your case and yourself.
Personal injury victims often don’t feel good about themselves after going through the pain of an accident and dealing with medical bills and other costs related to getting their lives back on track again.
An attorney will boost self-esteem by reminding clients that they’re still important people deserving of justice. Lawyers are there every step of the way, from court proceedings or out-of-court negotiations, so you know someone is looking out for your best interests.
This makes it easier not only emotionally but also physically.
Injuries sustained may leave people unable to do certain things without assistance like working, cooking, cleaning, and even taking care of themselves. All of these things will change how you feel about yourself.
Make Sure Your Voice Is Heard
Personal injury lawyers will fight for your compensation claims so that you get the maximum amount of financial rewards.
Victims who go it alone without legal assistance don’t have a voice in court or during negotiations with insurance companies. This is why many people feel like they’ve been cheated out of what they rightfully deserve after an accident. It’s because their voices weren’t heard through the whole process.
Having a lawyer’s support sends a clear message to insurance companies and other parties involved that you’re not going down without a fight.
This makes it easier for victims to stand up against those who’ve wronged them through negligence. This can include negligent drivers and inept medical professionals whose mistakes led to injuries.
You Can Get Contingent Payment Agreement
If you’re not familiar with contingent payment agreements, it’s a deal between clients and their lawyers that stipulates the lawyer will only get paid if they win your case.
This means there is no upfront cost for hiring legal help. Victims don’t have to pay anything unless a settlement or compensation award ends up being won through court proceedings or out-of-court negotiations. This allows injured people to take action against negligent parties without having to worry about how much money they’ll need from day one of filing a claim.
A good attorney will ensure contingent payment agreements are in writing before taking on a case. This is to protect clients from getting scammed when they’re at their most vulnerable state.
They’ll Help You Come Up With a Winning Strategy.
Personal injury lawyers understand all of the intricacies involved in winning a compensation claim.
They know what strategies to take if you want your case to be more successful. This saves victims from long and drawn-out legal battles that don’t always end with justice being served.
This makes it easier for people who aren’t familiar with court proceedings or how insurance companies operate. They’ll have access to someone they can trust to guide them through the process step-by-step.
Help You Get Expert Witnesses
Since you’re likely dealing with a complicated personal injury case, it’s important to have experts weigh in on the situation.
Medical professionals are extremely knowledgeable about how injuries can affect people differently due to different factors like age and health conditions. This is why having them testify for your compensation claims will benefit your case.
Hiring legal help ensures expert witnesses are at court proceedings or out-of-court negotiations to give their opinions. Lawyers also know who these experts are, so there isn’t any time wasted looking around for someone qualified enough to join an ongoing trial or negotiation session.
This makes it easier for victims because medical testimony may be needed during settlement talks depending on the severity of their injuries.
Keeps You Updated About the Case Status
When victims are in the dark about their case status, they’ll feel anxious and helpless.
Legal assistance will put people at ease because lawyers work behind the scenes to ensure things run smoothly. This means clients don’t have to worry about what’s going on with negotiations or court proceedings. It doesn’t matter, even if it takes months.
Lawyers keep injured victims updated through regular phone calls, text messages, emails, and meetings.
They’re Well-Aware of the Statute of Limitations
The statute of limitations is a law that states victims have to file their case within a certain period or they’ll lose all legal rights.
Since these deadlines can be confusing and overwhelming, clients need to seek help from professionals. Lawyers make sure you don’t miss any filing deadlines. So your compensation claim doesn’t get dismissed by the court due to technicalities.
The Statute of Limitations varies depending on the state you live in, and the party is being sued. In most cases, it’s two years from the date of the accident.
When Should You Hire a Lawyer?
There are times when your case is complex enough that it makes sense to hire a lawyer.
If you suffered injuries in an accident and the insurance company doesn’t want to settle with you, hiring a personal injury attorney.
You should also consider seeking legal representation if you need to file for social security disability or compensation claims after being involved in an accident.
This type of claim will require extensive paperwork and documentation. You need to outline what happened during the incident and how it has affected your life since then.
Also, if you are not sure how to deal with medical bills, lost income, and other financial aspects of your injuries, it’s wise to talk with an attorney.
Another situation where you should hire a personal injury lawyer is if the other party in your case has been charged with DUI or DWI.
Lastly, wrongful death attorneys can help you if a loved one has died due to someone else’s negligence. An experienced wrongful death lawyer will be able to explain the legal options available in your case and help you pursue justice for your loss.
Hire the Best Personal Injury Lawyer
Personal injury attorneys can help you in a variety of ways when it comes to personal injury cases. The sooner you hire one, the better off your case will be, and the more money that’s likely to end up in your pocket.
Are you looking for a “personal injury attorney near me” who can help you with your case?
Wells and McElwee is a personal injury law firm in Georgia. If you have been injured in an accident, contact us today. We will work hard to get justice for what happened to you and the compensation that you deserve.]]>