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The Pendergrass Law Firm, LC

Personal Injury and Wrongful Death Attorney

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Personal Injury Lawyer in Gwinnett County

It is a terrible feeling to be involved in a personal injury accident in Gwinnett County. Whether the negligence was due to a medical professional not performing their job with care or a reckless driver, or any other negligent party, you will need an experienced Gwinnett County personal injury lawyer advocating for you and protecting your rights.

When You Should Contact a Personal Injury Lawyer

There are several reasons why the sooner you contact our Georgia law firm, the better. First, you are likely accruing medical bills from having your personal injury treated. If you do not pay these medical bills or the insurer, you can start to accrue interest. Second, soon creditors will start calling you, and your credit will be negatively affected. On top of your suffering or the suffering of a loved one, this financial stress could make things much worse.

You may think you do not need a personal injury lawyer in Gwinnett County to handle your personal injury case. But it is insufficient to go in front of a judge with your medical documentation and evidence that you were hurt because judges require a much stricter standard of proof. Also, the judge will require strong evidence that you were not acting negligently when the accident happened.

When You Should Contact a Personal Injury Lawyer

There are several reasons why the sooner you contact our Georgia law firm, the better. First, you are likely accruing medical bills from having your personal injury treated. If you do not pay these medical bills or the insurer, you can start to accrue interest. Second, soon creditors will start calling you, and your credit will be negatively affected. On top of your suffering or the suffering of a loved one, this financial stress could make things much worse.

You may think you do not need a personal injury lawyer in Gwinnett County to handle your personal injury case. But it is insufficient to go in front of a judge with your medical documentation and evidence that you were hurt because judges require a much stricter standard of proof. Also, the judge will require strong evidence that you were not acting negligently when the accident happened.

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Types Of Cases Personal Injury Lawyers Handle

Personal injury law is a type of tort law which means that it is the type of law where an injured person can file a civil claim against the liable party. Although the responsible party may also be facing criminal charges related to the accident or injury, that is handled in a different court. For your civil damages, including your medical bills, lost wages, and property damage, you would file a personal injury claim in civil court.

Types Of Cases Personal Injury Lawyers Handle

Personal injury law is a type of tort law which means that it is the type of law where an injured person can file a civil claim against the liable party. Although the responsible party may also be facing criminal charges related to the accident or injury, that is handled in a different court. For your civil damages, including your medical bills, lost wages, and property damage, you would file a personal injury claim in civil court.

How people are injured depends on the circumstances of their accident. But when it comes to understanding what happened, you need to have an expert with a strong knowledge of a relevant specialty. Construction accidents are different from car accidents even though both are considered types of personal injuries. But a construction accident may require a specialist with a background in civil engineering. In contrast, a car accident may need more of a medical professional or accident reconstructionist working on the case.


Our Services


At The Pendergrass Law Firm, our areas of practice include:

Bicycle Accidents

Bike accidents and fatalities are on the rise in the United States. Some of the top reasons for fatal bike accidents include drivers not using caution when sharing the road with bicyclists, unsafe bicycles practices by new bicyclists, and the lack of proper infrastructure in cities to protect bikers, such as having a dedicated bike lane on streets.

Car Accidents

Whether minor or catastrophic, a car accident it’s always very stressful for the driver and the passengers involved. Car accidents occur when two or more vehicles collide into each other. Some of the most common types of car accidents are sideswiped, rear-end collisions, head-on collisions and T-bone accidents.

Catastrophic

(injuries including traumatic brain injuries, paralysis, and spinal injuries) Catastrophic injuries that result from a slip and fall, motor vehicle accident or other personal injury can include traumatic brain injury (TBI), paralysis, the loss of a limb or the loss of the proper functioning of an organ.

Motorcycle Accidents

Motorcycle accidents usually result in catastrophic injuries especially if the motorcycle rider was not wearing a helmet. One of the most common causes of motorcycle accidents or when motor vehicle drivers do not see a motorcyclist in their blind spot.

Pedestrian Accidents

According to the National Highway Traffic Safety Administration’s (NHTSA), two of the most common causes of pedestrian accidents include failing to yield right of way or improperly crossing an intersection. Unfortunately, pedestrian accidents very often lead to pedestrian fatalities.

Truck Accidents

Large trucks account for 10% of all motor vehicle accidents. According to the National Safety Council, 5,005 large trucks were involved in fatal crashes in 2019. These involve large trucks but not buses or motor homes/RVs

Slip and Fall

Property owners are liability for any unsafe conditions on their property, including wet floors, poor lighting and uneven pavement. Some of the most common injuries that can result from a slip and call include hip fractures, head and neck injuries, spinal cord injuries, and even death.

Wrongful Death

When a loved one has been killed by the intent or negligence of a liable party, and they would’ve had the right to file a personal injury claim had they lived, then the surviving loved ones can file a wrongful death claim on behalf of the decedent as well as for the suffering the decedent experienced before they died.

Dog Bites

Just because a dog has bitten you does not mean that you can file a lawsuit. The circumstances of the bite are taken into consideration for each individual case. For example, if there’s any evidence that you provoke the dog, that will negatively affect your case. Call The Pendergrass Law Firm if you have been bitten by a dog in Gwinnett County.

Product Liability

Manufacturers and sellers can be held liable for a defective product, and that has injured or killed consumers. The three types of product liability claims are for:

  • Products with manufacturing defects
  • Defectively designed products
  • Failure to provide adequate warning or instruction to consumers

Wrongful Death

Suppose a loved one was killed by the wrongful act of another person or entity in Gwinnett County. In that case, the decedent’s surviving family members have a right to bring a wrongful death claim forward if the decedent would have otherwise been entitled to a personal injury claim. The law is particular about who can file a wrongful death lawsuit in Georgia.

They are listed in order of priority below:

  • The deceased spouse: The spouse can also file a case on behalf of the decedent’s minor children.
  • Surviving children: If there is no surviving spouse, then the decedent’s adopted or biological children may file a claim
  • Parents of the decedent
  • Siblings of the decedent
  • A legal representative of the decedent’s estate

Wrongful Death

Suppose a loved one was killed by the wrongful act of another person or entity in Gwinnett County. In that case, the decedent’s surviving family members have a right to bring a wrongful death claim forward if the decedent would have otherwise been entitled to a personal injury claim. The law is particular about who can file a wrongful death lawsuit in Georgia. They are listed in order of priority below:

  • The deceased spouse: The spouse can also file a case on behalf of the decedent’s minor children.
  • Surviving children: If there is no surviving spouse, then the decedent’s adopted or biological children may file a claim
  • Parents of the decedent
  • Siblings of the decedent
  • A legal representative of the decedent’s estate
Lawyer and clients at the office
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The Statute of Limitations

The statute of limitations is how long a victim has to file a personal injury lawsuit with the courts. The clock starts the day of the accident or, in some cases, the date the injury was discovered. For example, in Georgia, you must file a wrongful death claim within two years of the date of the person‘s death.

But that doesn’t necessarily mean that you should wait that long to contact an attorney in Gwinnett County. There have been some unfortunate cases where people have filed very close to the end of the statute of limitations, and their case was in the process of being filed when the deadline elapsed.

Unfortunately, after that point, no court is going to hear your case, no matter how compelling any evidence you have may be. Therefore, it is critical to speak to a Gwinnett County personal injury attorney immediately to get started on your wrongful death case.

The Statute of Limitations

The statute of limitations is how long a victim has to file a personal injury lawsuit with the courts. The clock starts the day of the accident or, in some cases, the date the injury was discovered. For example, in Georgia, you must file a wrongful death claim within two years of the date of the person‘s death.

But that doesn’t necessarily mean that you should wait that long to contact an attorney in Gwinnett County. There have been some unfortunate cases where people have filed very close to the end of the statute of limitations, and their case was in the process of being filed when the deadline elapsed.

Unfortunately, after that point, no court is going to hear your case, no matter how compelling any evidence you have may be. Therefore, it is critical to speak to a Gwinnett County personal injury attorney immediately to get started on your wrongful death case.


Areas We Service


Duluth

Peachtree Corners

Brookhaven

Johns Creek

Atlanta

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Frequently Asked Questions


You should always consult with a personal injury attorney before filing a personal injury lawsuit. Most personal injury attorneys offer a free consultation where they review your case and tell you what sort of legal assistance you need for your specific case.

At The Pendergrass Law Firm, we offer free consultations in Gwinnett County to answer your specific question. Here are some questions we often get.

Taking pictures of your injuries and where the accident occurred and minding what you say at the accident site go a long way in your personal injury claim. Whether you’ve been involved in a motor vehicle accident or a slip and fall, you want to capture your injuries using a cell phone or other handy camera. It also helps capture images of the surrounding areas for context – was the road full of debris? Are speed limit signs visible? Did the slip and fall occur in a poorly lit area? These details could potentially be helpful in your case. Lastly, be careful what you say immediately after an accident. Do not apologize, accept blame, or cast blame. A full investigation will need to be conducted in your personal injury case regarding who was at fault.

Adjusters don’t give the exact formula that they use, but in general, they multiply the total amount of economic damages by a number between 1.5 and 5, depending on the severity of your pain and suffering. If an accident resulted in wrongful death, then the multiplier could be as high as 10 in some cases. When you schedule your free consultation with us in Gwinnett county, we can review your case and help you get a better understanding of how your pain and suffering damages will be calculated into your settlement amount.

Most attorneys work on a contingency fee basis. This means that victims do not pay their personal injury attorney unless they recover damages in their Gwinnett County personal injury claim. If we get the outcome you want, you will pay our firm the agreed-upon percentage of your settlement amount. There are fees associated with filing your claim in court that your attorney fronts for the plaintiff. There is also a lot of money spent on resources building your case, such as hiring experts who may be engineers, accident reconstructionists, medical professionals, or even accountants who can testify on your behalf regarding your lost wages.

There are legal fees that come with filing a claim in court and fighting it in Gwinnett County. Usually, when a plaintiff is not successful in court, they will not have to pay. But if the plaintiff wins or recovers damages, they will have to pay their attorney the fees at the agreed-upon rate.

Many people ask personal injury attorneys how long it will take to resolve their case, and an experienced attorney has a general idea based on previous clients they have helped. Typically the cases will last anywhere from a few weeks to a few months, and more rarely, they will last years. You should be alarmed if an attorney makes promises based on prior clients. Even though your case might be similar to another that they have taken to trial, each case is unique, and the different circumstances can lead to varying outcomes.

There are two types of compensatory damages that you can file for in a Gwinnett County personal injury case. Economic damages stem from the losses that you had as a result of the accident. These can include medical bills, lost wages, and property damage. If you were injured in a car accident, you could use the medical bills as evidence when you file your personal injury claim. Non-economic damages include those that aren’t tangible, such as pain and suffering, trauma, loss of enjoyment of life, and emotional distress. These take longer to be quantified, but your attorney will ensure that they are.

There may be times where you are not required to attend court, deposition, or other meetings. Some lawyers want their clients to be very involved in their case, and some clients prefer to have their lawyer take over completely. At The Pendergrass Law Firm, we try to develop a relationship with our clients based on confidence and trust. We will let you know what your responsibilities are, and you can let us know how going through this is affecting you. We care about you and want to help you as best as possible. We highly recommend that you bring all documents related to your Gwinnett County personal injury case to your initial consultation at The Pendergrass Law Firm. Additionally, every time you receive anything in the mail, such as new medical bills or letters from the insurance company, get them to your attorney immediately.

If your attorney recovers damages, then they will take a percentage of that award. This is why it is so important to ask about the firm’s successes before hiring an attorney. Attorney fees for personal injury claims may be anywhere between 33% and 40% of the amount awarded by the judge or jury.

There is no way to find out exactly how much you will be awarded in financial compensation. However, there is a general guideline for how much some victims receive in monetary compensation, and it’s based on the total tangible losses multiplied by a number that corresponds with the severity of the injuries and the accident. Adjusters will typically sum up all of your tangible losses or economic damages to get to a settlement amount and then multiply between 1.5 and 5, depending on the severity of your accident. For a less severe accident, the multiplier may be as low as 1.5, and for a much more severe accident, the multiplier could be as high as five. In the case of wrongful death, the multiplier could even be as high as 10. An example would illustrate this better. Let’s say that a man is injured in Gwinnett County after he was struck by another driver in a sideswipe accident. The accident caused multiple cuts, lacerations, broken bones, and he also needed surgery on his abdomen. Thankfully his injuries are not life-threatening, and he will fully recover, but the surgery and the hospital stay totaled $10,000. Because of the severity of his accident, his multiplier may be between three or four, which would mean that his award would be between $30,000 and $40,000.

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We highly recommend that you bring any documents and evidence you have with you to your initial consultation so that we can review them. We also suggest writing down everything that you remember happening before the accident so that you do not forget any important details when you arrive. Lastly, if you did not receive a copy of the police report at the accident scene, you will need to get one from the police department.

At The Pendergrass Law Firm, we find out who is accountable and do our best to make them pay for your suffering or the suffering of a loved one. From your initial consultation until you get your settlement check, we are with you advocating on your behalf. Call today to schedule your consultation and find out why so many of our previous clients highly recommend us. We also recommend that you give us a call as soon as possible because it will help you move forward and get the compensation you need for the losses you have incurred.


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Testimonials


“The best attorney EVER!! Within 3 months of him getting my case it was settled and he got me way more than I was expecting! He was easy to get in contact with everytime I had any questions day or night. I recommend him to anyone and everyone!”

Amber S.

“The best attorney EVER!! Within 3 months of him getting my case it was settled and he got me way more than I was expecting! He was easy to get in contact with everytime I had any questions day or night. I recommend him to anyone and everyone!”

Amber S.

“The best attorney EVER!! Within 3 months of him getting my case it was settled and he got me way more than I was expecting! He was easy to get in contact with everytime I had any questions day or night. I recommend him to anyone and everyone!”

Amber S.

Personal Injury Lawyers in Gwinnett County

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If you or a loved one has suffered an injury due to someone else’s negligence, contact us for a FREE evaluation of your potential case.