Determining Fault in an Atlanta Personal Injury Accident
In terms of personal injury, “fault” means that someone was responsible for causing you harm, usually through an act of negligence. Fault will make or break your case.
That’s because the other party’s insurance company and legal team will try and downplay their clients’ role in the accident, making you seem responsible for an accident that wasn’t your fault!
If your attorney can prove that the other party was more than 50% responsible for the accident that caused your injuries, you will be entitled to compensation. If they cannot prove that the other party was more than 50% responsible, you will receive little or no money. That is why it’s imperative to hire an experienced and dedicated attorney.
After being in an accident, you’ll notify your insurance provider, who will send an adjuster to investigate the case.
The adjuster will examine several pieces of evidence before making their decision, including:
- Physical investigation of the accident scene (smashed windows, skid marks on the road, etc.)
- Report created by the police officer who was called to the scene
- Witness statements
Insurance adjusters are vital in the claims process, but they are not looking out for you. They’re in the business of making money, and they don’t want to lose money by giving you maximum compensation. That means they’ll often do everything in their power to devalue your claim.
An adjuster may even try to blame you for the accident, which would put you in an even worse position. To avoid these outcomes, hire an experienced Atlanta personal injury lawyer at Rafi Law Firm.
Comparative Fault in Georgia
Georgia follows the legal theory of modified comparative fault. This system helps determine who was at fault in an accident and assigns compensation accordingly.
For example, if Driver A was found to be 40% responsible for their accident and Driver B was found to be 60% responsible, Driver A would recover 60% of the damages.
Say the jury verdict is $100,000. Driver A would recover $60,000. Remember that they cannot recover the full $100,000 since they were found to be partially at fault.
Georgia’s Statute of Limitations for Personal Injury Claims
A statute of limitations is a law that prevents one party from suing another for a crime that occurred more than a specified number of years ago.
In Georgia, injured parties must file their claim within two years of the date of the accident. The purpose of this deadline is to ensure that convictions are based upon relevant evidence that has not deteriorated with time.
If you were injured and want to make a claim against the other party, it’s extremely important that you do so within two years. Contact Rafi Law Firm if you have any questions.
An Atlanta Personal Injury Lawyer Provides Effective Representation
Any personal injury lawyer can represent you, but none will fight for you with the same level of tenacity and relentlessness that Rafi Law applies to every case.
If you were injured, you likely have piles of medical bills, weeks of lost income, and other expenses that could cause severe financial issues. You need a lawyer with the experience and resources to get you the compensation you deserve, so you shouldn’t settle for just anyone.
Mike Rafi has the technical knowledge to effectively drive your case forward, plus more than 18 years’ experience dealing with insurance companies, defense firms, and other parties who try to undermine or devalue your claim.
For the most effective representation in your case, call Rafi Law, a trusted and award-winning Atlanta personal injury lawyer.
Why Choose Rafi Law Firm As Your Personal Injury Attorney
Not all personal injury attorneys are the same. Some don’t have the skills and experience needed to handle your case, and some will sacrifice your best interests for their own gain. Rafi Law is different, and here’s why:
1. We only get paid if you win
Because we are paid on a contingency basis, you can rest assured that we’ll do everything in our power to win your case. Other attorneys may treat you like a paycheck, but we treat you like a member of the team.
You play an active role in your case. Rafi shares every client’s goals of obtaining justice and recovering the money they need to heal.
2. We treat clients like family
The right Atlanta personal injury lawyer will make you feel valued and respected; they should never make you feel like you are an inconvenience to them. At Rafi Law Firm, we know that our clients could have gone anywhere for legal services, but they chose us. We would never do anything to jeopardize that decision, which is why we work hard to make our clients feel comfortable, welcome, and respected
3. We prepare every case for trial
The best way to increase the value of your case is to prepare it for trial from the get-go – not enough lawyers do this, and their clients suffer.
Defense lawyers and insurance companies know which lawyers will take cases to trial if their clients are not treated fairly. On the other hand, they know which lawyers will roll over and settle for less because they do not have the knowledge, skills, or desire to try cases.
When defense lawyers and insurance companies learn that Rafi Law Firm is on the case, they know we will demand justice and maximum compensation.
Anything less is unacceptable.
Our Promises to you
1. You Will Be Treated Honestly
As your lawyers and trusted advisers, we will rely on you to tell us the truth about everything related to your case – almost all lawyers require this. You should require the same of your lawyers. We will always be honest with you and provide candid advice that will best help you.
2. You Will Be Treated Fairly
We believe helping injured people is not just a job, it is a calling. Accordingly, our legal and ethical duties to you are more important than our own self interests
3. You Will Be Treated With Respect
The Rafi Law Firm is a customer service business. You are our customer. We work for you, and we are honored to do so. You will be treated with respect and courtesy at all times.
4. You Will Be Treated With Compassion
Clients come to us when they are injured, out of work, and need help. We understand that needing help is difficult for some people to admit. Asking for help is sometimes even tougher.
We will treat you with compassion and empathy, so you will feel comfortable with us working for you.
Common Types of Personal Injury Claims
A lot of people think of car crashes and slip and fall accidents when they think of personal injury cases. These are good examples, but personal injury also encompasses victims of many types of crime, as well as wrongful death cases and more.
We help people who were injured in collisions with tractor-trailers, buses, tow trucks, delivery and box trucks, flatbeds, tanker trucks, and other commercial vehicles.
These trucks can weigh more than 30x the size of passenger vehicles, and when you factor in their sheer height, long stopping distance, and potential for fuel tanks to combust, you have a recipe for a devastating injury.
Rafi Law Firm’s Atlanta personal injury lawyers are experts at effectively representing our clients. That includes those involved in truck accident cases, which involve more complex laws and potentially negligent parties.
If you were injured in a crime, the time to act is now; your safety and sovereignty are too important to push aside.
Rafi Law represents victims of crimes such as negligent security, shootings, and rape and sexual assault.
It’s important to note that depending on the circumstances, sexual assault may be tried as a civil or criminal case. A victim can bring a personal injury claim against the perpetrator for injuries suffered in the assault. In the personal injury case, a victim may be awarded damages for their injuries by a jury.
Rafi Law Firm has successfully recovered millions against apartment complexes, hotels, motels, gas stations, massage parlors, and other businesses that fail to keep their customers and guests safe.
If you were the victim of a crime and are worried for your safety, we will help you find a safe place to stay, as well as getting you quick and comprehensive medical treatment.
Rafi Law Firm gets real results for clients who were victims of crime. Here are some of our shooting victim case results:
- $3,900,000 settlement awarded to client who was shot at a Gwinnett hotel
- $1,850,000 recovery for our client who was shot at a gas station
Our car accident lawyers help drivers and pedestrians who were seriously injured while out driving or walking. Unfortunately, there are plenty of negligent and reckless drivers out there, and their actions can cause lasting damage.
An expert in auto insurance coverage, Mike Rafi investigates wrecks himself, so he can determine who was to blame. Let our experts analyze your case and work toward getting you the compensation you need.
Rafi Law Firm doesn’t just talk about results; we deliver them. Here are some of our car accident case results:
- $1.6 million settlement for our client who was hit by a car while walking their dog
- $637,500 settlement for our client who was injured while riding in a car
- $475,000 recovered for our client who crashed their car in an unmarked section of road work
Wrongful Death & Severe Injury
Rafi Law helps people who were seriously injured or killed because of someone else’s negligent, illegal, and selfish act. We help deceased victims’ families file lawsuits against the at-fault party, holding them responsible for actions that led to the death of a loved one.
We cannot bring your loved one back, but we can provide peace of mind by awarding you compensation to help pay for funeral and living expenses. Rafi Law is here to help families honor their loved ones with justice.
Rafi Law Firm is proud to deliver real results for our clients and their families. Here are some of our wrongful death and severe injury case results:
- $6 million settlement for the family of a victim who was shot and killed at an Atlanta apartment complex
- $3,013,000 jury verdict awarded to the family of a person who was killed in a tractor-trailer crash on I-285
Common Types of Personal Injuries
- Spinal cord injuries – A spinal cord injury (SCI) is the result of damage to the spinal cord that can be caused by trauma like a car accident or gunshot wound. Having an SCI can result in immobility and loss of feeling.
- Head and brain injuries – Head and brain injuries are often the result of a violent blow or jolt to the head, commonly seen in car accidents, assaults, and falls. Headache, nausea and vomiting, fatigue, loss of consciousness, and memory loss are all common symptoms of head and brain injuries.
- Neck and back injuries – Neck and back injuries are common in car accidents, one of the most prevalent being whiplash, which is caused by the tearing of muscles in the neck. Common car accident-related back injuries include spinal stenosis, fractured vertebrae, and slipped or herniated disks.
- Internal injuries – Car accidents are one of the most common causes of internal injuries, symptoms of which include internal bleeding, broken ribs, damaged lungs, and spleen or liver damage.
- Burn injuries – Burns are grouped into three categories based on their severity: first, second, and third-degree, with third-degree burns being the most severe. Burns can be caused by scalding water, chemical or electrical burns, and fires.
- Bone and muscle injuries – Almost any accident can cause bone and muscle injuries, but some of the most common are car accidents, falls, and assaults. Symptoms of a bone injury include swelling, bruising, or tenderness around the injured area, as well as pain when weight is put on the area. Symptoms of muscle injuries include pain or tenderness, redness or bruising, muscle spasms, and limited range of motion.
How do you choose the best Atlanta
personal injury lawyer for your needs?
We can summarize the process of finding the best personal injury lawyer into three parts: knowing what to look for, asking the right questions, and understanding the cost.
As you research lawyers in your area, look for the following:
- Years of experience
When you meet with your potential lawyer, ask them if they’ve dealt with clients like you before. How many cases have they handled regarding injuries like yours? Do they think you have a chance at a successful case?
With unparalleled experience and an outstanding reputation, Rafi Law is a force to be reckoned with in the personal injury arena.
Rafi Law will put in the time for your case and treat you as a priority. We will educate you about your case and share our knowledge of the law so that you understand what’s happening every step of the way.
Other lawyers will leave you in the dark, but Rafi Law Firm is different. We’re your partner, not just your law firm, and as such, we’ll provide consistent updates about the status of your case.
We will never forget about you, and we will never be dishonest about any aspect of your case.
How does a personal injury claim work?
After seeking medical attention, the injured party should consult with and hire a personal injury lawyer. Once you hire the right lawyer, they will investigate your claim and interview you to get a full understanding of the accident, your injuries, and your treatment.
Your lawyer will obtain all the medical records and bills relevant to your claim. Once all this information is gathered, you and your attorney will decide whether or not to settle. Keep in mind that Rafi Law prepares every case for trial, but sometimes the best result comes from an out-of-court settlement.
If that’s the case, your attorney will make a demand to the other party’s lawyer or insurance company – only after you reach the point of maximum medical improvement (MMI). MMI is the point where the injured party has completed all medical treatment and is as recovered as possible. If you do not reach MMI, your attorney will not know how much the case is actually worth.
If you reach MMI and the best decision is to settle out of court, your lawyer will begin negotiations with the other party’s lawyer or insurance company. If the negotiations stall or an agreement cannot be reached, the claim will move into the litigation phase, which begins when your attorney files a personal injury lawsuit in court.
Generally, it takes one to two years for a personal injury case to get to trial. Once begun, the first step is the discovery phase, where each party investigates the other’s claims and evidence. As this phase ends, each party’s lawyers will begin discussing settlement options. Sometimes a third-party mediator is needed to resolve the case.
If mediation doesn’t work, the case will then proceed to a jury trial. For more information about the claims process, contact an Atlanta personal injury lawyer at Rafi Law Firm.
How Personal Injury Cases Differ From Other Legal Cases
You wouldn’t hire a plumber to fix your car, would you? The same principle applies to law. When you’re looking for a personal injury lawyer, you need someone who focuses solely on personal injury.
That’s because the field of personal injury comes with unique laws and practices that are different than other legal areas, one of the most prominent being the potential immeasurability of damages.
In other legal areas such as bankruptcy and real estate law, it’s fairly straightforward to calculate the dollar amount owed by the plaintiff or defendant. However, in personal injury cases, several intangible elements make it more difficult to figure out how much money is owed to the injured party.
For example, the family of a wrongly deceased person can claim damages in the form of pain and suffering, which there is no way to measure. The jury must decide how much money to give the victim’s family, making it even more imperative that they hire an attorney with plenty of experience in personal injury law.
Get in Touch With an
Atlanta Personal Injury Attorney
The attorneys at Rafi Law Firm are dedicated to helping our clients. We are passionate about the law and are proud to educate injured individuals about how the legal system can help them recover what they need to move past their injury.
Each of our lawyers is community-minded and client-focused. Mike Rafi’s experience defending low-income individuals who were illegally evicted inspired him to continue fighting for crime victims.
Chris Stokes’ past experiences of defending insurance companies led him to rededicate his career to helping the injured instead. He specializes in wrongful death and severe injury, and he uses what he learned about the insurance industry to help victims and their families recover maximum compensation.
Christopher Jackson began his career representing people who had been charged with a crime but could not afford to pay an attorney. This experience taught him that the legal system rewards passionate and strategic advocacy, even when the client can’t pay. Christopher continues to do what he’s most passionate about: helping injured victims recover.
To learn more about how our Atlanta personal injury attorneys can
help you in your case, call Rafi Law at 404-800-1156.
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Atlanta, Georgia 30309
College Park, GA 30349
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