The Personal Injury Lawyer Dekalb County GA Trusts
Injured victims may not realize that a personal injury lawyer Dekalb County GA clients recommend can advocate on their behalf for their accident claim. Attorney Andrew Lynch has earned a stellar reputation for aggressively advocating for injured victims and obtaining the financial compensation they deserve for their pain and losses. If you would like to speak with Attorney Lynch about the circumstances of your injuries, call our office to make an appointment for a free consultation.
How Can a Dekalb County Personal Injury Lawyer Help?
When you are injured in an incident that is caused by another person’s negligence or recklessness, the law says that person may be responsible for all of the financial losses those injuries cause you to suffer. These can include all the medical expenses for treatment of your injuries, including doctor’s appointments, surgeries, therapy, and medication. The at-fault party may even be responsible for the cost of travel to and from those medical appointments. Learn about General Rules of Proving Fault.
A personal injury lawyer Dekalb County GA residents depend on can also obtain reimbursement for all of the lost wages you endured because your injuries left you unable to work. If the injuries you suffered are long-term or permanent and you are unable to do the type of work you had before the accident, you may also be entitled to damages for that loss of income and benefits too.
Types of Personal Injury Accidents
There are many types of accidents for which a personal injury lawyer Dekalb County GA offers can represent victims. Andrew Lynch has extensive experience in handling the following types of accidents:
- Motor vehicle accidents including car, truck, motorcycle, pedestrian, and bicycle accidents. Andrew Lynch can also help if the accident you were injured in involves an
- uninsured/underinsured driver or a hit and run accident;
- Drunk driving accidents including dram shop liability and punitive damages.
- Medical Malpractice and nursing home abuse accidents.
- Work injury and construction site accidents.
- Premises liability accidents, including dog bites, slip and fall, and inadequate security.
- Defective product accidents.
- Recreational vehicle accidents including ATVs and boats.
- Aviation accidents.
- Birth injuries.
- Wrongful death claims.
In addition to legal actions that cause physical injury to victims, Andrew Lynch also handles other types of personal injury litigation such as consumer fraud cases, and false claims acts and whistleblower protection cases.
In addition, if you are trying to obtain Social Security benefits because of a temporary or permanent disability, Attorney Lynch can also help navigate you through that complex and often frustrating application process. It is not uncommon for many people to have their application initially denied and be forced to go through the agency’s appeal process.
Potential Defenses in Your Personal Injury Case
If you have recently been in an accident and are considering filing a personal injury lawsuit, it is important to know the different types of defenses that could be brought into court from the other side. By having an experienced personal injury lawyer on your side from Attorney R. Lynch, P.C., you can rest easy that our personal injury lawyers have experienced all of the most common defenses in the courtroom. Having a personal injury lawyer from Attorney R. Lynch, P.C. will help to fight your case against a defense strategy created to avoid liability.
Defense strategies in personal injury cases most commonly refer to two things:
- How the victim caused the accident
- What the victim did or did not do after the accident
The Victim’s Role in the Accident
When a victim files a personal injury lawsuit, one of the most common defense strategies you will hear from the defendant is how the victim is to fully or partially blame for the accident or the injuries. If you are filing a personal injury lawsuit and are in some way to blame for the accident in which you received your injuries, your compensation may be affected. Your being at fault could affect a damages award in a few ways, however, it depends on if the state you’re in follows a “contributory negligence” or “comparative negligence” standard. Another fact that will be considered is if you willingly took part in a dangerous activity that caused your injury, the insurer or court could deny your claim for compensation by saying you assumed the risk of an injury.
Typically states follow a “comparative negligence” belief in personal injury cases. This means that the damages are calculated using a formula in which each party’s degree of fault in the accident. For instance, if you are in a car accident and the court decides you’re 25% at fault and the other driver is found to be 75% at fault. This was determined after the insurance companies fully investigated the accident. Once this has been decided, if you were to file a lawsuit for property damage and your injuries, the compensation that you would receive would be reduced by 25%. That means that if you were set to receive $20,000 for total damages, you would only receive $15,000.
As stated above, comparative negligence laws reduce the victim’s compensation if they are found to be at fault even partially. However, contributory negligence is not seen as that forgiving. If you’re in a state that follows contributory negligence, if you are responsible for any part of the accident or injury, you are forbidden from receiving any type of compensation for a personal injury lawsuit. If you were in a car accident that was 95% the defendant’s fault and 5% your fault, you would not be able to receive any compensation for the damages.
Assumption of Risk
Sometimes throughout personal injury cases, the defendant will say that the victim “assumed the risk” of being injured by choosing to participate in an activity that they were well aware was dangerous. One major aspect to use the “assumption of risk” defense successfully is that the injuries received must relate extremely closely to the obvious risk associated in the activity. For instance, if you were playing basketball and got elbowed in the face, you wouldn’t have a case because you assumed the risk of injury by joining the game. However, if you were playing basketball and the backboard fell and landed on you, the defendant could not claim “assumption of risk” because it is not a common threat in a typical game of basketball.
Contact a Personal Injury Lawyer Dekalb County GA Trusts Today
If you have been injured and would like to speak with a personal injury lawyer in Dekalb County GA, contact our office today. Andrew Lynch is available to meet and discuss the specifics of your case and how he may be able to help you.
Call a compassionate personal injury lawyer Dekalb County GA provides for your free case evaluation.
How does the statute of limitations affect my personal injury claim?
In the aftermath of an injury accident, the victim may feel overwhelmed and choose to hire a personal injury lawyer in Dekalb County, Georgia to handle their claim. This can be ideal as recovering from a major injury requires significant energy. When our personal injury lawyer at Andrew R. Lynch, P.C. takes a case, it allows the client to focus on their recovery while we handle all of the legal tasks. We will also make sure that the claim does not languish or take longer than necessary so that we can deliver a settlement check to the client as soon as possible. Give us a call today to get the process started with a free consultation to review your case.
What is the statute of limitations?
The statute of limitations is the timeframe in which a victim must file a claim with the at-fault party. If you hire our Dekalb County GA personal injury lawyer to handle our claim, you will not have to concern yourself with the deadline as we will make sure it’s met. The time period for the statute of limitations is usually based on the date of the accident, but there are exceptions to the rule.
The primary exception is when a victim does not immediately recognize that they were injured and their condition is not diagnosed until sometime after the accident. If this describes your circumstances, our personal injury lawyer will provide you the guidance you need. If other exceptions apply in your case, you will be advised of that as well. In the meantime, do not delay in reaching out to us as the statute of limitations periods vary according to the nature of the injury.
What is involved in pursuing a personal injury claim?
When our Dekalb County GA personal injury lawyer at Andrew R. Lynch, P.C. takes a case, one of the first tasks is to determine who is at fault for the injury. Every case is different based on the circumstances, but most cases follow this general guideline:
- Determine who is at fault based on the evidence. This may require our personal injury lawyer to investigate what happened. Sometimes a forensic accident investigator is hired, particularly in the case of a car accident. Industry experts might be hired as well, such as medical experts if the case involves medical malpractice. As much evidence as possible is gathered to prove that our client was not at fault and should therefore be compensated for their injuries.
- Our personal injury lawyer submits the claim to the at-fault party’s insurance company.
- Our personal injury lawyer negotiates with the insurance company to come to an agreement on a settlement.
- Once an agreement has been reached, the personal injury lawyer’s fees will be deducted from the settlement and the client will receive their payout.
Contact Andrew R. Lynch, P.C. for a Free Consultation
Learn more about how we may be able to secure you a settlement for your damages. Our personal injury lawyer in Dekalb County GA offers a free consultation so give us a call and get started on putting this ordeal behind you.