Personal Injury Lawyer Gwinnett County
A personal injury law firm helps people who have suffered serious personal injuries. If you’ve been involved in an accident that was someone else’s fault, a Gwinnett County personal injury attorney can help you recover just compensation.
Our Georgia injury attorneys are dedicated to using personal injury law to help victims. We know how important it is to protect construction accident victims from bad-faith insurers, negligent drivers, malpractice, and liable business owners.
Being involved or caring for a family member hurt by a personal injury accident in Gwinnett County can be challenging. The experienced Gwinnett County personal injury lawyers at The Pendergrass Law Firm will advocate for your economic damages, protect your rights, fight for fair compensation, and represent you in court if you file a personal injury suit.
Personal Injury Law
Personal injury lawsuits often arise because of the following:
- Motor vehicle accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Slip and fall accidents
- Dog bites
- Workers’ compensation
- Product liability accidents
- Mass torts
- Premises liability accidents
- Catastrophic accidents
- Pedestrian accidents
If you have a permanent disability due to someone else’s negligence or recklessness, a Georgia law firm may help you recover what you’re entitled to according to Georgia tort laws. The Pendergrass Law Firm focuses on seeking the maximum recovery amount available to our car accident injury clients. We have experience helping Georgians with various injury claims.
Gwinnett County Personal Injury Claims
A personal injury lawsuit claim seeks to make someone whole once they’ve been injured. A tort is a wrongdoing committed because of the negligence of another party. If someone drives drunk or texts while driving, and causes a crash, that person has committed a tort.
Any tort that causes legal damages can be the basis for a personal injury claim. A diligent personal injury lawyer in Georgia understands which laws affect your claim, has experience investigating injury claims, is seasoned with litigation in court, and can estimate the value of your injury case in a free consultation.
How people are injured depends on the circumstances of their accidents. For example, injuries from dog bite accidents are different from truck accidents. Determined personal injury lawyers will work to understand the ins and outs of your claim and provide support while you recover from your injuries. Injury victims are entitled to claim rewards according to Georgia personal injury law.
When To Contact a Gwinnett County Personal Injury Attorney
When you’ve been involved in a severe accident that led to injuries and property damage, you will likely start receiving medical bills as soon as you begin getting treated for your injuries. If you’re unable to pay your medical bills, they will start to accrue interest.
You may think you do not need a personal injury lawyer in Gwinnett County to handle your
personal injury case and legal rights. However, sitting down with one before your insurance claim can be beneficial. A GA tort lawyer experienced in traffic accidents can review your case and help you understand the types of economic damages that may be available in your claim.
Types Of Georgia Accident Injury Cases
An injured person can file a civil claim against a liable party when that party’s negligence leads to injury or property damage. Even when the responsible party faces criminal charges, victims are still entitled to pursue damages in a civil claim. Civil damages typically include medical bills, lost wages, and property damage.
Your injuries will depend on the circumstances of your accident. The Pendergrass Law Firm is experienced in helping clients in the following 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.
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.
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.
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.
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.
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
Slip and Falls
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
Workers’ Compensation Claims
Workers’ compensation provides benefits to people who have been injured at the workplace. A Gwinnett County workers’ compensation lawyer can provide aggressive legal representation for your legal claim. Our personal injury law firm will seek damages for your personal injuries while providing the legal assistance you deserve.
Wrongful Death Cases
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
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.
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 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.
Gwinnett County, GA’s Statute of Limitations
The statute of limitations is how long a victim has to file a personal injury lawsuit with the courts after it’s occurred. The clock starts the day of the accident or when your accident injury was discovered. In Georgia, you must file a wrongful death claim within two years of the person‘s death.
Waiting to contact an attorney in Gwinnett County can be detrimental to your claim. Filing very close to the end of the statute of limitations can lead to a claim denial if the deadline elapses. That’s why personal injury law professionals recommend speaking to a Gwinnett County personal injury attorney immediately to get started on your injury claim.
Proving Liability In A Gwinnett County Personal Injury Claim
The only way your personal injury claim in Gwinnett County can be successful is if your lawyer proves another party’s negligent actions contributed to or caused your injuries. The burden of proof in civil court is based on a preponderance of the evidence, so the evidence we present must be compelling. It must convince the jury that the defendant is more than likely responsible for causing your personal injuries. Examples of such evidence could include:
- Medical records
- Police reports
- Physicians bills
- Witness statements and testimony
- Photos and videos at the accident scene
- Data from vehicle black boxes
- Reports from accident reconstructionists
The evidence must show the elements of negligence have been met. According to the law, this means we must demonstrate that the defendant owed you a duty of care in breach of this duty of care in some way.
For example, if your injuries were caused by a car accident, the driver of the vehicle that hit you would have owed you a duty of care, as all motorists owe to other drivers and passengers on the roadways. If that driver was operating their vehicle unsafely by speeding, drunk driving, or any other type of traffic violation, this would be considered a breach and their duty of care.
Additionally, the defendant’s breach of duty must have been the cause of your injuries or subsequent damages. The incident itself must have substantially impacted your life for you to have grounds for a claim. If you have additional questions about proving liability and negligence or the types of evidence we need to support your case, do not hesitate to contact a personal injury attorney in Gwinnett County for help.
Your Personal Injury Lawyer Will Negotiate With The Insurance Company On Your Behalf
Dealing with the insurance company is one of the most burdensome aspects of the personal injury claims process. The vast majority of liable parties will have insurance coverage. For example, if you were involved in a work accident, your employer might have worker’s compensation protection coverage. If you were involved in a car accident, the driver who hit you should have auto insurance coverage. In other cases, liable parties might have homeowners insurance coverage, general liability insurance coverage, or different types of insurance.
However, just because the liable party is insured does not mean you can get the insurance company to compensate you for every loss. Insurance companies are notoriously profit-driven and prioritize their financial interests above all else. Even if the insurance company is obligated to compensate you, that does not mean they will not put up a fight along the way.
Insurance adjusters have a reputation for making insultingly low settlement offers, blaming victims for the injuries they sustain, and delaying the processing of claims. Having your attorney step in and negotiate with the insurance company should be of utmost importance. This way, the insurance company will see how seriously you are taking your personal injury claim in Gwinnett County.
If they attempt to lowball you, your lawyer will be prepared to fight for a reasonable settlement. If the insurer tries to deny or delay the processing of your case, you can rely on our team to handle your bad faith insurance claim. With our team advocating for you, you do not need to worry about being taken advantage of or settling for less than your claim is worth.
How To Prepare Your Personal Injury Claim For Trial In Gwinnett County
It is important to remember that not all personal injury claims can be settled through an insurance claim alone. Insurance settlements often only cover certain types of economic damages. The insurance company might pay for a portion of your medical bills and perhaps property damages, but that may be it.
The insurance company is only required to pay out up to the limits of the policyholder’s policy. If your damages exceed this limit, going to trial is the only way to hold the liable party accountable for their negligent actions. Although you may not want to bring your case to court, doing so could be the best decision you make for your case.
By having your Gwinnett County personal injury lawyer handle everything from start to finish, you do not need to prepare for anything. We will make sure you understand the potential outcomes, how we built a powerful case against the liable party, and the value of your claim so you are prepared for trial accordingly.
How To Choose the Right Personal Injury Lawyer In Gwinnett County
Hiring someone to represent your claim requires you to trust that they’re working in your best interests. Your lawyer should treat your case with respect and care. These tips may help you choose the right lawyer for your injury claim:
- Research top personal injury lawyers by speaking to previous Georgia clients and researching them online.
- Meet with the lawyer and ask questions. Consider asking about their fee percentage, rate of success, past clients, and whether or not they’ve tried injury claims like yours.
What To Do If You Have Been Injured Due To Someone Else’s Negligence
If you have been injured due to someone else’s negligence, you may benefit from doing the following:
- Seek medical treatment for your injuries as soon as possible
- Ask someone to take photos of the accident scene and your injuries if you cannot do so.
- Collect the contact information of all witnesses to the accident.
- Report the accident to the police or a manager if your accident occurred at work. In a slip and fall, report the accident to the owners or managers of the property.
- Contact a professional personal injury lawyer and discuss your case during a free consultation.
The Value of Your Gwinnett County Personal Injury Case
Every injury case is unique. Consulting with a skilled attorney can help you find out the damages you could be entitled to, given your injuries, your treatments, and your other financial costs.
A personal injury law firm can help you secure a settlement, and a jury award could include compensation for the following:
- Ambulance transport and emergency medical treatment
- Diagnostics, testing, and imaging
- Prescription drug costs
- Surgeries and procedures
- Hospital stays
- Follow-up care and long-term rehabilitation
- Vehicle repairs and personal property replacement
- Out-of-pocket expenses
- Transportation to and from medical appointments
- Rental car expenses
- Lost income
- Loss of earning capacity
- Pain and suffering damages
- Loss of enjoyment of life
Gwinnett County Personal Injury Claims FAQs
Read on for information about how one of our trained injury attorneys can be of use to your claim. Here are some of the most frequently asked questions our team of personal injury law attorneys in Gwinnett County are asked:
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
- 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.