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Georgia Personal Injury Statute Of Limitations

statute of limitations

Personal injury law in Georgia, much like in other states, encompasses a variety of situations where individuals suffer harm due to the negligence or intentional actions of others. This broad legal field covers incidents ranging from automobile accidents to slip-and-fall occurrences, medical malpractice, and product liability cases.

Essentially, when an injury is inflicted upon a person due to the fault of another, be it an individual, a company, or even a governmental organization, Georgia’s personal injury law provides a pathway for the injured party to seek compensation.

The importance of understanding the statute of limitations cannot be overstated. It acts as a fundamental gatekeeper in the legal process, determining whether a case can proceed or not, irrespective of its merits. This is why individuals need to be aware of these time limits, as they vary depending on the type of injury and the specific circumstances of the case. In Georgia, like in many other jurisdictions, these time frames are strictly enforced, and exceptions are few and far between.

Below, we will examine the nuances of the Georgia Personal Injury Statute of Limitations. We will explore its general time frame, examine the specific circumstances that may affect this period, and discuss the various types of personal injury cases and their respective limitations.

Additionally, we will highlight the exceptions and special circumstances that can alter these time limits. We aim to provide a comprehensive guide that not only informs but also aids individuals in understanding their rights and the importance of timely legal action in personal injury cases in Georgia.

Understanding Georgia’s Statute of Limitations

The concept of the statute of limitations is pivotal in the realm of personal injury law, serving as a critical legal deadline for filing lawsuits. In the context of personal injury cases, this statute sets a fixed duration during which an injured party can initiate legal proceedings against the entity responsible for their injury.

The underlying principle of the statute of limitations is to ensure fairness and efficiency in the legal process. It is designed to encourage prompt filing of claims, thereby ensuring that evidence remains fresh and reliable and that legal disputes are resolved within a reasonable timeframe.

In Georgia, the general time frame for filing a personal injury lawsuit is typically two years from the date of the injury. This time frame is crucial as it dictates the window within which a victim must take legal action. It’s important to note that this period can vary depending on the specifics of the case.

For instance, claims against government entities may have different time limits, and cases involving medical malpractice or wrongful death might also follow different rules. The commencement of this period is usually from the moment the injury occurs or when it was discovered, which is particularly relevant in cases where the injury was not immediately apparent.

The existence of statutes of limitations is grounded in the pursuit of justice and efficiency. From a practical standpoint, these statutes help prevent the indefinite hanging of a legal threat over someone’s head. Over time, memories fade, evidence becomes less reliable, and witnesses may become unreachable, all of which can lead to a less fair and efficient judicial process. By setting a deadline, the statute of limitations aims to ensure that claims are made while the information and evidence are still relatively fresh, thus promoting accurate and just outcomes.

Moreover, statutes of limitations reflect a societal acknowledgment that people should have the ability to move on with their lives without the indefinite risk of litigation. This legal construct balances the need for victims to have their day in court with the necessity of bringing legal disputes to a conclusion within a realistic and fair timeframe.

Understanding this balance is crucial for anyone involved in a personal injury case, as it underscores the importance of taking timely legal action and being aware of the legal timeframe within which their rights can be exercised.

Specifics of Georgia’s Personal Injury Statute of Limitations

Delving into the specifics of Georgia’s personal injury statute of limitations reveals a landscape marked by varying time limits and exceptions, depending on the nature of the injury and the circumstances of the case.

Generally, in Georgia, the statute of limitations for personal injury claims is two years from the date of the injury. However, this timeframe can differ based on the type of personal injury case, making it crucial to understand these variations to ensure legal rights are not forfeited due to missed deadlines.

For instance, in car accident cases, the two-year statute of limitations typically applies. This means that an individual injured in a car accident must file a lawsuit within two years from the date of the accident. However, if the car accident led to a wrongful death, the time frame to file a lawsuit is also two years, but it starts from the date of the victim’s death, which might be different from the date of the accident.

In cases of medical malpractice, the standard is more complex. While the general rule is a two-year limit from the date of the injury or death, Georgia law allows for a discovery rule in these cases. If the injury was not immediately apparent, the statute of limitations may be extended to five years from the date of the act that caused the injury. However, it is crucial to note that there is an absolute limit – a case cannot be filed more than five years after the date of the act, regardless of when the injury was discovered.

Slip and fall cases, another common type of personal injury claim, also adhere to the two-year limitation period. This period begins from the date of the accident. However, if the claim is against a city or county government in Georgia, the time frame to present the claim is significantly shorter – often as brief as six months.

To illustrate these differences, consider the following scenarios: In a car accident case, if the accident occurred on January 1, 2021, the injured party has until January 1, 2023, to file a lawsuit. In a medical malpractice case, if an incorrect procedure was performed on January 1, 2021, but the error was only discovered on January 1, 2023, the patient might have until January 1, 2026, to file a lawsuit, subject to the five-year cap. In a slip and fall case on a city-owned property that occurred on January 1, 2021, the claimant may need to present their claim by July 1, 2021.

These examples highlight the importance of understanding the specific timelines and exceptions applicable to various types of personal injury cases in Georgia. Knowledge of these specifics is not just academic; it directly impacts the ability of an injured party to seek justice and compensation. Missing these critical deadlines can mean forfeiting the right to legal recourse, underscoring the need for timely action and, often, the guidance of a knowledgeable attorney.

Exceptions and Special Circumstances

The standard statute of limitations in Georgia’s personal injury law, while clear in its general framework, is subject to several exceptions and special circumstances that can significantly alter the time frame within which a lawsuit must be filed. These exceptions are crucial for ensuring that the law accommodates various situations where the standard time limits may not be appropriate or fair.

Exceptions For Minors

One key exception is for cases involving minors. In Georgia, if the injured party is a minor at the time of the injury, the statute of limitations does not begin to run until they reach the age of majority, which is 18 years. This means that a minor has until their 20th birthday to file a personal injury lawsuit, regardless of when the injury occurred. This exception is designed to protect the rights of minors who may not have the capacity or legal standing to initiate a lawsuit on their own.

Exceptions For Persons With Mental Incpacities

Similarly, there are provisions for cases involving individuals with mental incapacitation. If a person is legally deemed mentally incompetent at the time of the injury, the statute of limitations is tolled or paused until the condition is resolved. This provision ensures that individuals who are unable to understand or act on their legal rights are not unfairly penalized.

The concept of “tolling” is integral in understanding these exceptions. Tolling refers to the legal mechanism that pauses or delays the running of the statute of limitations under certain circumstances. Besides mental incapacitation and minority, tolling can also occur in situations where the defendant is out of state and cannot be served with a lawsuit or in cases of fraudulent concealment where the defendant has taken active steps to hide their liability.

Legal precedents in Georgia have played a significant role in shaping these exceptions. Notable cases have established and refined the parameters of these exceptions, providing clarity and guidance on how the law is applied. For example, court decisions have delineated the boundaries of what constitutes mental incapacitation and how it should be legally recognized, thereby influencing how the statute of limitations is applied in such cases.

These exceptions and special circumstances highlight the complexity and flexibility of the statute of limitations in Georgia’s personal injury law. They underscore the importance of understanding not just the standard rules but also the nuances that can affect the legal rights and obligations of those involved in personal injury cases. For individuals navigating these legal waters, awareness of these exceptions is crucial, as they can have significant implications on the ability to seek justice and compensation for injuries sustained.

Legal Advice and Next Steps

Navigating the intricacies of the Georgia Personal Injury Statute of Limitations underscores the invaluable role of consulting with a personal injury attorney. The landscape of personal injury law, with its myriad of deadlines and exceptions, can be daunting for the uninitiated. An experienced attorney is not just a guide through this complex terrain but also a crucial advocate in protecting and asserting one’s legal rights.

The importance of seeking legal counsel cannot be overstated. Personal injury attorneys bring a depth of knowledge and experience that is vital in interpreting and applying the law to specific cases. They can provide clear guidance on the statute of limitations applicable to a particular case, taking into account any unique factors or exceptions that might influence the timeframe. For instance, an attorney can determine whether the case involves special circumstances like tolling due to the plaintiff’s age or mental capacity or if there are nuances related to the type of personal injury claim.

Moreover, a skilled attorney can navigate other legal complexities that often accompany personal injury cases. These may include establishing negligence, proving damages, negotiating with insurance companies, and, if necessary, litigating the case in court. Each of these steps involves legal intricacies that can significantly impact the outcome of a case. An attorney’s experience in these areas is invaluable in ensuring that a plaintiff’s rights are robustly represented and that they receive fair compensation for their injuries.

It’s imperative to understand the significance of acting within the legal time frame set by the statute of limitations. Failing to file a lawsuit within the prescribed period can result in the irreversible loss of the right to seek compensation for injuries suffered. This underlines the importance of timely action. Individuals who have suffered personal injuries should seek legal advice as soon as possible to ensure their claim is filed within the statutory limits.

The path to justice in personal injury cases is often complex and challenging, but it is navigable with the right legal experience. Consulting with our personal injury attorney not only helps in understanding and navigating the statute of limitations but also significantly enhances the chances of a favorable outcome. Protecting one’s legal rights and ensuring access to justice necessitates prompt and informed action, highlighting the critical role of legal advice in personal injury cases.

Contact Our Atlanta Car Accident Attorney

Shani Brooks is an attorney with over a decade of experience in personal injury matters. He has the necessary skills to provide compassionate support while aggressively pursuing the at-fault party to get you the compensation you deserve. If you or a loved one have been harmed in any type of accident in Georgia, contact our Atlanta personal injury lawyer at Shani O. Brooks PC at (404) 920-4736 to learn more about your legal options.

 

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How To Prepare For Atlanta Winter Weather Driving

winter driving

Driving in the winter is a necessity for most of us. Unfortunately, when the roads get slick in winter, the chances of an auto accident rise significantly – the Washington Post reported in 2019 that rain and snow increase the chances of a fatal crash by 34%. Following this article’s advice, you can prepare for this season’s winter driving and stay safe. Our Atlanta car accident lawyer can address any legal questions if you were in a car accident recently.

Georgia Emergency Management Advice For Winter Driving

The Georgia Emergency Management and Homeland Security Agency offers important tips on staying safe during winter driving. First, the agency recommends minimizing travel during winter weather if possible. Many people can work remotely as technology has advanced, so you can stay home and still get your work done. Watching the snow or ice from your living room is safer than driving. However, if you need to drive, remember:

  • Keep at least half a tank of fuel in the car when driving in the winter.
  • An emergency kit in the trunk should include water, blankets, a portable cell phone charger, an ice scraper, a flashlight, spare batteries, non-perishable food, a first-aid kit, and jumper cables.
  • Follow directions from the Atlanta or state government about driving during ice or snowstorms.
  • Slow down to at least 50% of your normal driving speed, and be prepared to use a lower gear for slow driving.
  • Never stop on a hill during snowy or icy weather; you need forward motion on a flat road before driving up the hill.
  • Avoid using cruise control in winter weather, and do not make sharp steering inputs.
  • Drive cautiously around road crews as they clear snow and ice from the roads.
  • If you come up to an inoperable four-way stop light, treat it like a four-way stop.
  • Watch for black ice in shady areas and on bridges and overpasses. Four-wheel drive can help to get the vehicle rolling on slick roads, but it does not help when you need to steer or stop quickly on a slick road.
  • Never hesitate to pull over to a safe location if the weather is too hazardous to drive.

Before Winter Hits

You also can avoid problems driving in the winter by checking your tires every fall. Having worn, slick tires makes it much harder to slow down and steer in bad weather. When checking your tires, ensure they are correctly inflated and that your battery and windshield wipers are in good condition. Having your car ready for winter weather means fewer chances of getting into a serious Atlanta car accident.

Speak To Our Atlanta Car Accident Lawyer Today

Being hurt in a car accident is one of the most stressful things in life we experience. When another person hits and injures you on the road, they could be liable for your economic and non-economic damages. Our Atlanta car accident lawyer at Shani O. Brooks P.C. may be able to file a claim or lawsuit for you. Please contact our law offices in Atlanta now at (404) 920-4736.

 

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How Long Do I Have To File A Personal Injury Claim In Georgia?

personal injury

Being injured because someone was negligent can turn your life upside down in many ways. Depending on how severely you are injured, you could have difficulty getting out of bed, standing, or walking, and going to work is out of the question. How will you make ends meet?

Fortunately, Georgia law allows certain injured parties to file a personal injury lawsuit for their damages, but you only have a limited time to act. If you have questions about a personal injury case, our Atlanta personal injury lawyer can help. Shani O. Brooks P.C. handles all types of personal injury cases in the Atlanta metropolitan area.

Georgia Statute Of Limitations For Personal Injury Claim

Georgia Code section 9-3-33 states that you have two years from the date of the injury to file a personal injury claim. The two-year deadline applies to most personal injury litigation in the state, whether the action is based on negligence or intentional tort.

If you miss the deadline to file a personal injury claim, the case will almost certainly be dismissed in court.

Furthermore, the two-year statute of limitations matters for insurance negotiations after an accident. Suppose you were seriously injured after a car accident in Buckhead, and your attorney wants to negotiate the best car accident settlement for you. If you wait too long to start the case, the statute of limitations could expire. When the two years are up, you have lost negotiating leverage. So, it is always wise to retain an Atlanta personal injury attorney as soon as possible after an accident.

Other Important Georgia Laws Related To Personal Injury Claims

The statute of limitations is merely one of the laws you should know about Georgia personal injury claims. Georgia state law requires you to report car accidents to law enforcement that involve the following factors:

  • When someone died in the accident.
  • When one or more persons were hurt in the accident.
  • When property damage exceeded $500.

Also, Georgia is a fault state for auto accidents. This means after any car accident, you could file a claim for compensation for any losses if the other driver caused the accident. If your personal injury attorney can prove the other driver’s wrongdoing or negligence caused the accident, you could receive a settlement for economic and non-economic damages.

Georgia is a modified comparative negligence state, meaning you can still receive compensation in an accident claim if you were partially at fault. However, your percentage of fault cannot exceed the other party’s. So, if you were 40% responsible for the accident and had $10,000 in losses, you would only collect $6,000 in compensation.

Contact Our Atlanta Personal Injury Lawyer Today

If someone in Georgia injured you in an accident, you only have a limited time to file a personal injury lawsuit. It would be better to avoid forfeiting critical compensation for your injuries, and not acting promptly could give the insurance company more leverage to pay you less than you deserve. Contact our Atlanta personal injury lawyers at Shani O. Brooks P.C. at(404) 920-4736.

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Never Speak To Insurance Companies Without Your Attorney

insurance companies

After an Atlanta car accident, there is a significant chance that you will receive a phone call from the other driver’s insurance company. However, it is usually best never to speak to insurance companies without your attorney. While you may think you need to cooperate with the other driver’s insurer, remember that anything you say to their insurance company could be twisted and used against you later. Instead, our Atlanta personal injury attorneys at Shani O. Brooks P.C. can help you.

Who Must You Cooperate With After An Atlanta Car Accident?

After an auto accident in Atlanta, you must cooperate with certain parties. First, you are required by Georgia state law to stay at the crash scene and exchange information with others involved in the accident. You need to render aid to anyone hurt and call for medical assistance. However, you should keep your conversations with others in the accident to a minimum.

Second, you need to cooperate with the responding police officers. Expect to provide your driver’s license, insurance information, and vehicle registration.

Third, you must call your insurance company and tell them about the accident within a reasonable period. You also need to cooperate with your insurance company’s accident investigation team.

You Are Not Required To Talk To The Other Driver’s Insurance Company

Many accident victims may believe they have to talk to the opposing driver’s insurance company. But this is untrue. When the insurance adjuster calls you after the accident, it is not to see how you feel after the accident. Instead, their call is entirely about the insurance company’s bottom line. The goals of their conversation with you are:

To get you to say something that makes it easier to blame you for the accident. Even if the other driver caused the accident, the insurance company might try to blame you for what happened.

To encourage you to accept a fast settlement before you call an Atlanta personal injury attorney. Immediately after the accident, you probably do not know how seriously hurt you are. Also, unless you are a personal injury attorney, you probably have little idea what the case is worth. The insurance adjuster knows that a personal injury attorney being involved will cost the insurance company more money.

When the insurance adjuster calls you, the best policy is to say as little as possible. It is best to refer the call to your personal injury attorney. But if you say anything to the adjuster, keep it brief. For example, you might say:

  • You will not discuss the accident or who was at fault.
  • You are still getting medical treatment.
  • You will only sign something or settle with your attorney present.

If the insurance adjuster continues calling, just inform your attorney. Once the lawyer contacts the insurance company, the calls should stop.

Speak To Our Atlanta Personal Injury Attorneys Now

 

You may be tempted to speak to the other driver’s insurance company after an Atlanta car accident, but this is never a good idea. Instead, have our Atlanta personal injury attorney at Shani O. Brooks P.C. talk to the insurance company for you. Your attorney will aggressively negotiate with the insurance company and represent your interests. Contact Shani Brooks about your personal injury case today at (404) 920-4736.

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Why Do Personal Injuries Increase In The Spring?

personal injury

There is considerable evidence of more personal injuries in the spring. For example, many studies show the rise in accidents, from workplace injuries to car accidents, as the weather warms and Daylight Saving Time (DST) begins. Learn more about why there are more personal injuries in the spring, then talk to our Atlanta personal injury lawyer at Shani O. Brooks P.C. today.

Daylight Saving Time Causes More Accidents

Every spring, Americans move their clocks ahead an hour for DST. The time change gives us more light in the evening, so we can enjoy being outside in warmer weather. However, evidence suggests more accidents after DST starts, including car accidents and job-related injuries.

Fatality Analysis Reporting System data shows a 6% rise in auto accidents the week after DST starts. The data shows that the time change causes about 28 more yearly deaths. This study also indicates that the accident rate declines the week after DST. Losing an hour of sleep can significantly affect our ability to make safe driving choices.

DST Also Causes More Job-Related Injuries

Evidence also suggests that job-related accidents rise after Daylight Saving Time starts. For example, a recent study by Michigan State University found that changing to DST in March leads to about 40 minutes less sleep for workers. This led to a 5.7% rise in job-related accidents and about 68% more days lost to injuries at work.

Can losing about an hour of sleep cause more personal injuries? Experts believe that it can. This is especially in high-risk jobs requiring attention to detail. Studies have shown that losing an hour of sleep makes our attention decrease our concentration. For people driving, there can be more car accidents because of driver fatigue. In addition, workers in the trucking and construction industries may be more tired after Daylight Saving Time.

Other Reasons For More Personal Injuries In The Spring

Daylight Saving Time is not the only reason for more personal injuries in the spring. There are simply more people driving in warmer, sunnier weather in Atlanta. When more people are driving on the roads, there will be more accidents.

Also, warmer weather causes more people in Atlanta to be outside at the Atlanta Botanical Garden and other outside venues. When more people are outside, more pedestrian and bicycle accidents will occur.

There are even more slip-and-fall accidents during the spring. The Atlanta area tends to have rain in the spring, which can cause slick sidewalks, floors, and steps.

It is wise to use caution when you are out and about in warm, sunny weather every spring. Also, get more sleep the week before DST starts, so you are awake and alert behind the wheel.

Call Our Personal Injury Attorney Now

Were you injured in a car accident in Atlanta because of someone’s negligence?  You may be entitled to compensation for your injuries. Contact our Atlanta personal injury attorney at  Shani O. Brooks P.C. at (404) 920-4736. Our Atlanta personal injury attorneys also serve the communities of Buckhead, Decatur, and Dunwoody.

 

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How to Make Yourself More Visible As A Cyclist 

bicycle safety

Biking is an excellent way to remain fit and get your daily dose of fresh air. But crowded bike paths and roads can cause accidents if you aren’t careful. You can increase bicycle safety by ensuring you are visible to other bikers, pedestrians, and drivers on the road. 

Top Bicycle Safety Tips That Can Increase Your Visibility on the Road

Stay safe out there. Here are some bicycle safety tips that can ensure you are visible to others:

  1. Wear Reflective Clothing 

Reflective clothing will make you more apparent on the road, even while biking during the day. It can save your life if you are biking after a storm or early in the morning when the sun is barely out. If you don’t have reflective clothing or gear, stick-on reflective patches on your bike or clothes to make yourself visible.  

  1. Add Extra Lights to Your Bike

Besides a bright headlight, add brake or rear lights, so you are constantly visible on the road. You can also add LED lights and a light disc in the frame. Your bright wheels will be visible from a mile away. 

  1. Wear Bright Warmers 

Leg, knee, and arm warmers are available in neon colors that are highly visible on the road when biking. You can also wear these in the summer when you are wearing shorts. These can become an extension of your shorts that will make you highly visible and keep you comfortable. 

  1.  Keep Your Bike and Gear Pristine 

If you bike regularly, your bike is probably covered in dirt, grime, and mud hiding its neon colors. This common problem during the rainy season can make you invisible on the road. 

Prevent a collision by wiping down your bike before you head out, especially if you bike daily. A brightly colored bike is more visible on the road than a dirty one. 

  1. Signal Clearly 

Signal your turns clearly and broadly. Use bike hand signals to let other drivers and cyclists know where you are turning. At night, wear the aforementioned bright arm warmers or reflectors on your arms, so your hand signals are noticeable. Reflective gloves will also work. 

Make sure you signal a third of a block before you stop or turn. That way, you can give others plenty of time to slow down, so they don’t run into you. For instance, ensure you signal a right-hand turn a few seconds beforehand, so the driver behind you has ample time to slow down before driving ahead.

Contact Shani O. Brooks P.C. For A Consultation Today!

If you were run over by a speeding driver or were hit even when you were following local bike laws, you deserve compensation. But if the insurance company denies your claim, an experienced Atlanta bicycle accident lawyer such as Shani O. Brooks can appeal your case aggressively if needed. Book a consultation by dialing 404-692-5404. At Shani O. Brooks, Attorneys at Law, we offer unbiased, thorough, and compassionate litigation services to Atlanta residents that are 100% confidential. We can help you get the compensation you deserve.

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What Are The Leading Causes Of Car Accidents In Atlanta?

What Are The Leading Causes Of Car Accidents In Atlanta?

As one of the fastest-growing cities in the US, Atlanta is home to more than 6,013,000 people. Thousands more head to the city for work, school, and entertainment using I-85 and I-75 highways. It is little wonder that car accidents are quite common in this state.

Top Causes Of Car Accidents In Atlanta

Some of the common auto accidents you may find yourself contacting an Atlanta car accident lawyer for include the following:

1. Inexperienced Drivers

Driving takes experience to perfect. A skilled driver can avoid sudden hazards and unexpected road conditions better than a newbie. Teen and elderly drivers are more likely to get into accidents because of inexperience and deteriorating eyesight or health, respectively.

2. Fatigued Drivers

Whether they spent the night bingeing Netflix or came home late from a party, tired drivers are a hazard on the road. Their focus wavers as they try to keep their eyes open while navigating rush-hour traffic. Some may even fall asleep behind the wheel as the car is moving.

3. Speeding

There is a reason why there are stiff penalties for speeding drivers in Atlanta. Speeding kills, period. Whether you are late for work or a school drop, speeding can make your car roll over – you won’t have time to swerve and avoid obstacles on the road. If you change lanes too fast, you can hit pedestrians and other vehicles.

Follow set speed limits to reduce the chances of this happening.

4. Driving Under The Influence

Substance abuse is a crime, but you can become a hazard on the road if you are drunk or on medical marijuana. These substances prevent drivers from focusing on the road. Nausea, vertigo, and hallucinations can make them lose control of the vehicle as their mind and body slow down too much to react in time to hazards. This can lead to serious and even fatal accidents.

5. Bad Weather Conditions

When it rains, it pours in Atlanta leading to reduced road visibility. Rough weather conditions such as this can make driving fatal. You can skid off the road as you hit black ice or if visibility is zero. Your windshield wipers can only do so much during a rain or snowstorm.

6. Technical And Mechanical Issues

Mechanical and technical failures are also leading causes of car accidents in Atlanta. Brake failures result in head-on collisions and rear-ending accidents. Engine failure can cause pileups behind you. Similarly, faulty or flat tires can make you skid off the road, into other vehicles, and into pedestrians.

Keeping cars maintained can prevent these accidents, but if a neglectful driver made your vehicle flip over, you should sue for damages.

Contact Shani O. Brooks PC For A Consultation Today!

Car accidents are one of the leading causes of death in Atlanta. If you were the victim of a drunk driver or sustained injuries because of a speeding car, contact Shani O. Brooks for legal action today. The experienced and professional Atlanta car accident lawyer can ensure you get full and fair compensation for damages sustained because of the other driver. Don’t go up against powerful insurance companies on your own. Dial 404-920-4736 to book a consultation today!

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What to Consider When Hiring an Atlanta Auto Accident Lawyer

What to Consider When Hiring an Atlanta Auto Accident Lawyer

According to the Georgia Department of Public Health, motor car accidents are the leading causes of deaths and injuries in the state. So the chances of you being involved in a car accident are not slim.

If you are involved in a car accident, you should be fully compensated for damages. But the insurance company will try its best to reduce your claim so they can line their pockets. As your legal advocate, your Atlanta car accident lawyer can ensure you avoid these pitfalls and miss out on complete damages.

What You Should Look for in an Atlanta Car Accident Lawyer

Here are some of the reasons why you should hire a lawyer before pursuing damages after a car accident in Atlanta:

Understand Damages Incurred

When you file an accident injury claim, you are entitled to compensation for medical expenses, property damage, disabilities, and even pain and suffering. In some cases, accident victims are also eligible for lost income if their injuries prevent them from working. You have a limited amount of time to do so, or you will miss out on fair compensation.

You will be in pain as you heal, so getting compensation will be the last thing on your mind. An attorney can determine the types of payment you qualify for and will ensure you receive them. They will understand your mental stress and will work with you to ensure you are compensated on time.

Proving Liability

You have to prove liability to ensure a successful auto accident lawsuit, which is easier said than done. Even if you have witnesses and the police say the other driver was at fault, proving it can be challenging if you don’t have legal experience.

A car accident attorney can prove liability by proving negligence. This means they can prove that the other driver violated their duty of care to prevent accidents. It will prove that they were responsible for your injuries and damages.

Determining Injury Valuations

Determining the value of each injury is the most challenging aspect of a personal injury claim. The insurance company will do everything possible to make you accept a lowball offer so they can pocket the rest.

An experienced Atlanta car accident lawyer won’t let them take advantage of you like that. Rather than accepting their first offer, they will negotiate to ensure you get an amount that can cover the full extent of the damages.

This includes collecting evidence during a thorough investigation of the accident that can connect your injuries to it. Your lawyer will also outline your settlement options, so don’t accept or decline an offer before hiring an attorney. You may miss out on a larger settlement than anticipated.

As you recover from injuries or mourn a loved one lost to a car accident, compensation is the last thing on your mind. An attorney can provide the legal support you need.

Contact Shani O. Brooks P.C. for a Consultation Today!

If you or someone you know was involved in a car accident in Atlanta, don’t wait to hire a car accident attorney such as Shani O. Brooks P.C. He will ensure you get the total compensation you deserve, if not more. Book a confidential consultation today by dialing 404-920-4736.

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When Does Vehicular Homicide Become Murder?

vehicular homicide ga

When Does Vehicular Homicide Become Murder?

In Georgia, ‘homicide’ refers to a criminal offense that causes the death of an individual. It covers murder and manslaughter, but the former is considered more severe since it is intentional.

So if your loved one is unintentionally killed by a speeding car, the driver may be charged with vehicular homicide. But if they ran them over with the intent to murder them, the charge would turn into a murder charge. An Atlanta wrongful death attorney can bring you closure by bringing the negligent party to justice.

Vehicular Homicide in Georgia

As per the Georgia Vehicular Homicide statute, a person commits homicide via a vehicle when they unintentionally and without malice cause the death of another individual. Some common examples include the following:

  • Driving under the influence (of drugs or alcohol).
  • Passing a school bus improperly.
  • Leaving the scene of a vehicular homicide that they caused.
  • Running away from the police after causing the death of another individual with their vehicle (intentionally or otherwise).
  • Causing the death of an individual by violating laws other than those mentioned above.

Important note: ‘Malicious aforethought‘ can turn vehicular homicide into a murder charge. In itself, the latter is not considered murder in the state.

Penalties and Punishments

Vehicular homicide GA can be a felony or misdemeanor. Both carry separate penalties as per the factors surrounding the offense.

The charge can lead to a license suspension or a limited driving permit.

First-degree vehicular homicide GA can lead to a three-year license suspension. In this case, the convicted individual does not get the option of a limited driving permit.

On the other hand, a second-degree charge can lead to a license suspension spanning 120 days, but in exchange, you get a limited driving permit for a year. It can also be renewed when time runs out.

There are two types of charges you can face:

Misdemeanor Vehicular Homicide GA

This is a charge you can get if you unintentionally cause the death of a person because you broke traffic rules.

Felony Vehicular Homicide GA

This is a charge you can get if you unintentionally cause the death of a person because you were driving under the influence or recklessly.

The penalties can also be quite harsh. Both misdemeanor and felony charges for vehicular homicide carry lengthy prison sentences and hefty fines, which a judge determines. The latter can lead to a prison sentence spanning three to 15 years, per the case’s circumstances.

If you are charged with a second-degree misdemeanor, it can result in a punishment of one year in prison. This can also include a year on probation and a fine of up to $1,000.

Contact Shani O. Brooks For A Consultation Today!

If you lost a loved one because of a driver’s negligence or believe they targeted the victims with the intent to kill, an Atlanta wrongful death attorney can ensure you see justice. Shani O. Brooks can help you find closure and get the compensation that your family deserves during this tragedy. Do not give up!

Wrongful death cases following vehicular homicide GA can be complex. You need legal representation that can fight for your rights and ensure the perpetrators do not get away with murder.

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Steps to Take If You Are In an Accident with a Drunk Driver

Steps to Take If You Are In an Accident with a Drunk Driver

If a drunk driver ever hits you, you will be disoriented. A checklist can help you get your bearings back faster and get the compensation you deserve.

What Qualifies As Drunk Driving In Georgia?

Suppose you wish to file a personal injury claim for a DUI accident in Georgia. In that case, you have to prove that the drunk party was under the influence of alcohol and that they fulfil one of the following criteria:

  • They are commercial drivers with a BAC level of .04 or higher during the accident.
  • They were under 21 years of age and had a BAC level of .02 or higher.
  • They refused a BAC test or did not provide a blood or urine sample.
  • They were not commercial drivers but had a BAC of .08 or higher.

Field sobriety tests are usually insufficient when determining whether a defendant is guilty or not. An Atlanta DUI accident lawyer may still use it in a civil lawsuit as proof.

What You Should Do After A DUI Car Accident – A Checklist

These accidents are more common than you think. This checklist will help you get your bearings and take action if you are ever involved in a DUI accident in Georgia:

1. Call 911 Immediately

Call 911 right after the drunk driver slams into you if you can. Whatever you do, don’t settle the matter without getting the police involved. They will ensure the crash is documented properly, and you can use those documents to file a claim with the insurance company or a lawsuit. If you think the other driver is drunk, watch for suspicious behavior as you wait. This includes slurred speech. Inform the paramedics and the police so they can include it in their reports.

2. Gather Information

Acquire and record as much information surrounding the accident as you can. This includes the drunk driver’s contact information, the names and details of witnesses, and the ID numbers of the police officers who arrive on the scene. Take pictures and videos of your and the other driver’s car, and ensure you get a copy of the police report. It should be free of errors.

3. Seek Medical Aid

Do not refuse medical aid whether you think you are injured or not. Some injuries can take time to manifest, and hidden ones can worsen with time if they are not taken care of immediately. The Atlanta DUI accident lawyer can also use it as proof that you were injured in the accident and deserve compensation.

4. Hire An Atlanta DUI Accident Lawyer

Before you get in touch with the insurance company regarding your DUI accident, contact an attorney first. You deserve compensation for your injuries, medical bills, and car damage. A lawyer will ensure your case has the best chance to produce the compensation you deserve after conducting a thorough investigation into the accident. This includes securing evidence that can strengthen your claim.

Contact Shani O. Brooks P.C. For A Consultation Today!

Car and DUI accidents are the leading causes of severe injuries in Atlanta, Georgia. Why should you pay out of pocket for damages if you were injured in an accident involving a drunk driver? Shani O. Brooks P.C. can go up against formidable opponents in court in your stead, such as insurance companies that deny your claim.