Gwinnett County, GA Personal Injury Case Types
Car Accidents
Georgia car accident data shows there were 1,776 traffic fatalities in 2021. Georgia is the 8th most-populous state and has the fourth largest number of fatal car accidents in the US. Some of the most common types of car accidents are sideswipes, rear-end collisions, head-on collisions, and T-bone accidents.
View Car AccidentsMotorcycle Accidents
Motorcycle Accidents
A motorcycle accident can result in very serious injuries. Many motorcycle accidents are devastating due to the lack of protection for the rider. In 2019, there were 3,948 motorcycle crashes statewide and a total of 4,269 motorcyclists involved in crashes.
As a motorcyclist, you are at greater risk of injury and wrongful death. That’s why you require a skilled lawyer to represent your needs. A Gwinnett County motorcycle accident lawyer will know how to get you the settlement you deserve.
View Motorcycle AccidentsTruck Accidents
Truck crashes can leave carnage on Gwinnett County roads. There were 234 fatalities involving large trucks in 2020. The following are common types of commercial vehicle accidents in Georgia:
- Head-on collisions
- Rear-end crashes
- Underride truck accidents
- T-Bone collisions
- Jackknife accidents
- Rollover accidents
- Unsecured cargo accidents
Pedestrian Accidents
According to the National Highway Traffic Safety Administration’s (NHTSA) pedestrian safety data, two of the most common causes of injury to pedestrian accident victims include failing to yield the right of way and improperly crossing an intersection. Unfortunately, pedestrian accidents with automobiles and commercial vehicles often lead to fatalities.
If you were injured in a pedestrian accident, consider speaking with The Pendergrass Law firm about your possible claim. You can even recover compensation if you were partially at fault. Consider speaking with Gwinnett County personal injury lawyers for a free consultation right away.
View Pedestrian AccidentsBicycle Accidents
If you are involved in a bicycle accident, whether you are the cyclist or the driver, collecting evidence at the scene of the accident can make sure you protect yourself legally. Leaving the scene of the accident could get you arrested.
If someone you love was severely injured in a bicycle accident or died in a fatal bike crash, contact a lawyer immediately. A wrongful death attorney in Gwinnett County can help you gather the information you need to win your case and recover the compensation you and your loved ones deserve.
View Bicycle AccidentsSlip and Fall
Property owners are liable for any unsafe conditions on their property. This includes wet floors, poor lighting, and uneven pavement. Property owners in Gwinnett County, GA have a duty of care to maintain safe premises for visitors. When they fail to keep that duty, and someone gets injured, the owner is liable for damages according to the law (OCGA) §51-3-1
The most common injuries that can result from a slip and fall include:
Hip fractures
Head injuries
Neck injuries
Spinal cord injuries
Broken bones
Wrongful Death
Catastrophic Injury
Catastrophic injuries typically include traumatic brain injury (TBI), paralysis, loss of a limb, and spinal injuries. Catastrophic injuries may result from a slip and fall, automobile accident, or medical malpractice.
View Catastrophic InjuryWrongful Death
If your loved one has been killed due to the negligence of a liable party, and they would’ve had the right to file a claim if they had lived, then you can file a wrongful death claim on behalf of your loved one.
Georgia’s Wrongful Death Act establishes that the relatives of a person who died can claim “the full value of the life of the decedent” according to O.C.G.A. § 51-4-2. However, a wrongful death claim must be filed within two years of the death. Don’t fret, The Pendergrass Law Firm can support your claim as you experience the loss of a loved one.
Georgia Law is particular about who can file a wrongful death lawsuit in Georgia. The following are allowed to do so:
- The deceased spouse
- The surviving children
- Parents of the decedent
- Siblings of the decedent
- A legal representative of the decedent’s estate
Dog Bite
Georgia uses a modified one-bite rule. A Gwinnett County dog owner is liable for a dog bite if they knew that their dog was vicious. Under Georgia law, a dog can be deemed “vicious,” and the owner can be held liable when the owner was careless with their dog, or the attack was unprovoked.
View Dog BiteProduct Liability
Georgia’s strict product liability laws hold product manufacturers liable for the injuries a defective item causes, regardless of whether negligence was the cause. If you’ve been injured or someone was killed by a defective product, then you can file a personal injury or wrongful death lawsuit to recover damages.
The three types of product liability claim our injury attorneys face are:
- Products with manufacturing defects
- Defectively designed products
- Failure to provide adequate warning or instruction to consumers
Premises Liability
Premises liability can cover many different types of accidents. If you’re been injured on another’s property you may be entitled to financial compensation. Seasoned GA law firms litigate the following types of premises liability:
- Amusement park liability
- Cracked sidewalks
- Construction site accidents
- Defective flooring
- Faulty lighting
- Ignoring criminal behavior
- Inadequate inspection
- Inadequate supervision
- Inadequate warnings of dangerous conditions
- Landlord negligence
- Poor security
- Poorly maintained elevators and escalators
- Snow and ice accidents
- Swimming pool incidents
- Unrestrained dogs
If you’ve been involved in any of the above accidents, don’t hesitate to contact an attorney. The Pendergrass Law Firm has years of experience helping our clients to recover what they’re rightfully owed after an accident.
View Premises LiabilityPersonal Injury FAQ
These are some of the most frequently asked questions about personal injury law. To have specific answers to your questions, call The Pendergrass Law Firm and speak to a Gwinnett County personal injury lawyer today.
Who Pays For A Personal Injury Claim?
Generally, the insurer of the party that caused a victim’s injuries will be held responsible for paying damages. Since every case is unique, the party liable for the personal injury damages will vary depending on the circumstances.
What Does It Cost To Hire A Personal Injury Lawyer In Gwinnett County?
Hiring a Gwinnett County personal injury attorney does not have to cost you an arm and a leg. In fact, we make it easy for injury victims to get the legal help they need when they need it most. When you choose to work with The Pendergrass Law Firm, you get an attorney working for you on contingency. If we agree to take on your case, you do not have to put money down to hire our team. You do not have to pay any of the costs that arise in pursuing your case either. Your personal injury lawyer covers deposition fees, court filing costs, and the costs of hiring expert witnesses and accident reconstructionists to build a compelling case against the liable party. Then, when we win your case, a percentage of your winnings goes towards your attorney’s fees. However, we work on a no-win, no-pay basis. If we do not win your case, we do not get paid. This means you will not have to pay anything for our legal services if we do not recover compensation in your case.
What Happens If I Lose My Personal Injury Claim?
Most personal injury claims settle before making it to trial. If you lose your personal injury case in court, you may be able to file an appeal. Otherwise, you will not receive any damages. Consult with an attorney at The Pendergrass Law firm before giving up on your claim.
What Types Of Injury Claims Does The Pendergrass Law Firm Handle?
The Pendergrass Law Firm in Gwinnett County takes on challenging personal injury cases. The most common injuries we’ve recovered compensation for include: Brain and head injuries, Spinal cord, back, and neck injuries, Limb injuries, Injuries to children, Broken bones, and Boating accidents.
How Long Will My Personal Injury Case Take?
Your injury claim can take between a few months and two years. Sometimes, a victim’s financial situation dictates how long a personal injury case takes. Often a case will last a year from filing the claim to the settlement. Rarely do claims take two to three years to settle.
How Much Is The Average Personal Injury Settlement In Georgia?
There is no perfect formula to calculate the ideal personal injury settlement. The value of each claim is dependent on the specifics of your case. Special damages are monetary expenses incurred because of an accident, such as property damage, medical expenses, lost wages, and more. General damages are harder to calculate because there are no receipts of bills to provide to the insurance company. General damages are unique to each accident victim. Speak with an accident law specialist about recovering special, general, or punitive damages after your injury.
How Many Personal Injury Cases Go To Trial?
The insurance company, the adjuster, the extent of your injuries, the amount of your total damages, liability, causation, and other factors will affect a case’s chances of going to trial. The majority of personal injury cases are settled before a lawsuit gets filed. Of the claims that result in a civil suit, an even lower percentage ever reach trial. Trials can be expensive, uncertain, and unpredictable. Going to trial can be risky, so it’s always essential to have the advice of a personal injury law firm before filing a lawsuit.
Are Personal Injury Settlements Taxable In Georgia?
Generally, personal injury settlements aren’t taxable in Georgia or federally by the Internal Revenue Service (IRS). Personal injury lawsuit settlements are considered to be compensation for a loss suffered as a result of someone else’s negligence and are therefore not considered income.
Can Georgia Creditors Take My Personal Injury Settlement?
Personal injury settlements are not subject to income tax because they are viewed as a replacement for something lost, not as income. However, if you owe back taxes, the IRS and state agencies can garnish your bank accounts. A “lien” is a legally binding document forcing you to pay creditors. However, an experienced attorney will work with creditors and negotiate a reduction when possible. If you owe child support, the state can leverage the money from your property, including your personal injury settlement.
How Do I Know If I Have A Personal Injury Case?
If you’re injured by someone else at no fault of your own, the other party has a legal responsibility for your injuries and damages. In a personal injury case, you bear the burden of proof, meaning you must prove that your wounds were caused by someone else’s recklessness.
How Do Personal Injury Attorneys Get Paid?
Many Gwinnett County personal injury attorneys in Georgia work on a contingency basis. A contingency fee is based on how much the attorney recovers for you. The standard attorney fee percentage is 33.33% for pre-suit settlements. If the case goes to court, attorney fees may increase to 40%. The costs associated with your case might include postage, filing expenses, medical records, court costs, and any other costs the attorney has paid on your behalf. While attorney fees are a contingency, costs are separate. If your attorney handles your case, costs are calculated throughout the case and deducted from the settlement proceeds.
How Can The Pendergrass Law Firm Help With My Claim?
The Pendergrass Law Firm can find out who is accountable. We will also do our best to hold them financially responsible for your suffering. From your initial consultation until you get your settlement check, we are with you, advocating on your behalf. Schedule your free, no-obligation consultation with a Gwinnett County personal injury lawyer at the Pendergrass law firm to learn more about what’s next for your lawsuit and insurance claims. You can reach us through our online contact form or phone to start working on your claim as soon as today.