Personal Injury Frequently Asked Questions

Every accident is unique, but many clients have similar questions about personal injury law. Read some of the most commonly asked personal injury questions—and answers to those questions—here.
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  • How Long Do Slip and Fall Settlements Take in Georgia?

    How long slip and fall settlements take depends on various factors. These include:

    • The severity and prognosis of your injuries
    • How long it takes to gather evidence
    • Whether the other party disputes fault
    • The negotiation process

    The Severity and Prognosis of Your Injuries

    You never want to settle a claim until you know the severity and prognosis of your injuries. If you need several surgeries or long-term rehabilitation, you may not yet know all the costs. It may take weeks or months of recovery and rehabilitation until you know if you will fully recover.

    If you settle too early and later find out you will need lifelong care, you cannot ask for more compensation.

    Receiving a prognosis for your injuries could take anywhere from a few months to a few years.

    How Long It Takes to Gather Evidence

    To win a claim for a slip and fall accident, you have to prove that the property owner or manager was at fault for the problem that caused the fall. You will need evidence to prove this, which may include pictures, eyewitness statements, and investigating how long the danger that caused your fall was there.

    Some of this evidence, such as surveillance video of the accident or a store’s maintenance policies, is in the hands of the other party and might prove difficult to obtain. For this reason, there is no way to estimate how long gathering this evidence can take.

    Whether the Other Party Disputes Fault

    Unless liability is clear-cut, you can be sure the other party will dispute fault or try to blame you. This can delay your settlement considerably.

    We will build a strong case to lessen the other party’s ability to dispute fault or to place any blame on you.

    The Negotiation Process

    The first offer from the insurer is likely much lower than you need to cover your losses. We will negotiate with the other party until it offers a settlement you deserve. However, we might require rounds of negotiations with the at-fault party’s insurer which could take weeks or months.

    Do I Have to Settle My Case Within a Certain Period?

    Yes. Per Georgia law, you have two years to settle your claim or to file a lawsuit.

    If you attempt to file a claim or lawsuit outside of this statute of limitations, the insurer or court will likely deny your claim. If the time limit is fast approaching and the insurer still refuses to offer you a fair settlement, we might consider taking your case to court.

    Call the Law Office of Jason R. Schultz, P.C. Today

    Jason R. Schultz will do everything he can to settle your case quickly and get you the settlement you deserve for your premises liability claim. For a free evaluation, call the Law Office of Jason R. Schultz, P.C. at 404-474-0804 today.

  • How Does Collision Coverage Work?

    Collision coverage is an optional insurance coverage in Georgia that pays to repair or replace your vehicle, less a deductible. You pick the amount of your deductible when you purchase this coverage. Collision coverage works regardless of who is at fault for the accident.

    What Does Collision Insurance Cover?

    Collision coverage will pay for damage to your vehicle if you are at fault, even in a one-car accident. For example, if the roads are slick and you slide into a stop sign, your property damage liability insurance will not pay for your car repairs (your liability coverage covers property damage you cause to other parties), but if you have collision coverage, it will pay to repair or replace your car if it is a total loss.

    If you are at fault for a wreck with another vehicle, your property damage liability coverage will pay for the other party’s car repairs or replacement, and your collision insurance will repair or replace your vehicle.

    Should You Buy Collision Insurance?

    You might already have collision insurance if you make car payments or are leasing your car because the finance companies may require you to carry it.

    Compare the expense of the collision coverage to how much you would have to spend to replace your vehicle with a similar one. If for example, you are insuring an old car worth only $1,500, you might not find the extra coverage worth it. On the other hand, if you have a $30,000 car, it may be worth it to add collision coverage to protect you in the event of a wreck.

    Is There a Rule of Thumb for When to Buy Collision Insurance?

    CarInsurance.com recommends that you buy collision insurance if:

    • Your car is under 10 years old, or
    • Your car is worth more than $3,000, regardless of age, or
    • Repairing or replacing your car is not financially feasible for you.

    Is There a Rule of Thumb for When to Drop Collision Insurance?

    The same experts recommend that you think about dropping your collision insurance if your maximum possible payoff (the full value of your car minus your deductible) is not more than 10 times the cost of your annual collision premiums. In other words, it may not be worth it to pay $300 in annual premiums for an older car that has a maximum possible payoff of $2,500 (full value of the vehicle is $3,000, and the deductible is $1,000). You should not, however, drop collision coverage until you have paid off your auto loan.

    Another rule of thumb for dropping coverage is to add up the cost of your comprehensive and collision coverage and your deductible. If the total is higher than what your car is worth, it may be time to drop the extra coverage. For example, if your combined collision and comprehensive coverage cost $500 a year, and you have a $1,000 deductible on an old, high-mileage car that has been in car accidents, the Blue Book value of the vehicle might be below $1,500. If so, it may not make financial sense to carry collision.

    If you suffer injuries in an accident that somebody else causes, call the Law Office of Jason R. Schultz, P.C. at 404-474-0804. We will evaluate all available coverage and help you file the appropriate claims to recover compensation.

  • What Is the Difference Between a Personal Injury Lawsuit and a Claim?

    What Is a Personal Injury Claim?

    You file a personal injury claim with an insurance company. For example, after a car accident, you can file a claim with your insurance company (if you have first-party coverage) or with the insurance company of the driver who caused the accident.

    Once you contact the insurance company, it will assign an adjuster to your claim. The adjuster will investigate the accident, including your damages such as medical bills and lost wages. If you file a liability claim (alleging another party caused you harm), the adjuster will evaluate fault. 

    The adjuster will either deny your claim or decide that your claim has merit. If they do not deny your claim, the adjuster will then calculate how much the insurance company will pay you for your injuries. If the insurer denies the claim, many people decide to file a lawsuit to recover compensation.

    What Is a Personal Injury Lawsuit?

    A personal injury lawsuit is an action filed with the court. Once you file the lawsuit, the case makes its way through the court system. The end of the process is trial, but most lawsuits settle prior to getting to trial.

    It is sometimes necessary to file a lawsuit so you do not run out of time to take legal action. In Georgia, the statute of limitations is two years for personal injury cases. If you do not file a lawsuit within this period, you can no longer file a lawsuit.

    Should You Hire a Lawyer for Your Personal Injury Claim?

    We recommend working with a lawyer if you suffered serious injuries that another party caused. During your insurance claim, a lawyer will protect you from lowball offers and other tactics insurance companies use to minimize the value of your claim. Your lawyer will deal with the insurance company so that you do not have to.

    Should You Hire a Lawyer for Your Personal Injury Lawsuit?

    Insurance companies keep teams of lawyers on retainer to defend their cases in the court system. So, we recommend working with a lawyer especially if the insurance company is not offering a fair settlement, in which case your lawyer can help you pursue a lawsuit.

    What Damages Can You Recover in a Personal Injury Claim or Lawsuit?

    Depending on the facts of your case, your recovery can include your medical bills, lost wages, disability, disfigurement, loss of earning potential, property damage, pain and suffering, and emotional distress. The Law Office of Jason R. Schultz, PC will obtain relevant records and documents to build and prove your case and its value.

    If you suffered a severe injury from an accident that another party caused, the team at the Law Office of Jason R. Schultz, PC is ready to help you. Call us today at 404-474-0804, to set up your free consultation.

  • How Do Escalator Injuries Happen?

    When an escalator malfunctions, it can severely injure people using it. These injuries can occur in a many ways, but many of them occur as a result of escalator defects and poor maintenance. Anyone who suffers injuries while riding an escalator may make a claim to recover their medical expenses and other accident-related costs.

    If you suffered injuries as a result of an incident on an escalator, the Law Office of Jason R. Schultz P.C., can help you file a claim against the responsible parties. Call us today at 404-474-0804.

    How Do Escalator Injuries Happen?

    Escalator injuries occur because the escalator was defective or malfunctioned due to poor maintenance. Some common escalator defects include:

    • Broken or missing steps
    • Missing teeth on escalator track
    • Excessive space between moving steps and stationary sides and railing
    • Mechanical malfunction
    • Loose or missing screws

    These defects can cause accidents such as slips and falls or entrapment.

    Slips and Falls

    Some people fall when getting on and off an escalator or moving from one step to the next. Children and the elderly are especially prone to this type of accident. Slip and fall accidents on escalators occur because of broken steps, sudden stoppage, or change in the direction of the steps.

    Entrapment

    Entrapment occurs when a part of the body becomes caught in the escalator mechanism. Children are especially prone to finger entrapment due to their small hands. It is also important to note that entrapment does not always have to include a body part. Personal effects (e.g., hair, clothing, shoes, shoelaces) may also become lodged in the space between stationary siding and moving steps.

    Who Is Responsible for Escalator Injuries?

    Many escalator accidents occur due to the negligence of one or more parties, such as the escalator manufacturer, maintenance company, or even a mall or shopping center where the escalator is located. This negligence may include:

    • Poor design or using defective parts during the manufacturing process
    • Property owners and maintenance personnel’s failure to perform routine maintenance on the escalator
    • Property owners’ and repairmen’s failure to fix faulty machinery within a reasonable amount of time.

    If You Sustained Injuries on an Escalator, Call Us Today

    The attorneys at the Law Office of Jason R. Schultz P.C. will evaluate your claim for free and advise you of your options for recovering your damages. Call us at 404-474-0804 to arrange your consultation. 

  • How Much Is a Herniated Disc Lawsuit Settlement?

    If you suffered a herniated disc in a personal injury accident, the value of your settlement would depend on many factors, including the severity of your injuries and the circumstances surrounding your accident. The attorneys at the Law Office of Jason Schultz, P.C. can evaluate your claim and help you determine the value of your settlement.

    How Much Is My Injury Worth?

    Generally, your settlement will comprise of economic and non-economic damages. Economic damages refer to medical expenses, lost wages, and other tangible expenses. Non-economic damages refer to pain and suffering, mental anguish, and other less-tangible damages.

    To determine how much your injuries are worth, we will need to consider some factors that affect the value of your settlement. While we cannot predict the exact value of your claim, we can say that herniated disc injuries may result in a substantial settlement value if they cause severe pain, expensive medical bills, and have long-lasting effects. Our attorneys can evaluate your claim and identify a reasonable settlement value based on statistics and other criteria.

    The amount you receive in settlement will depend on the following factors:

    The Severity of the Injury

    The more serious your injury, the greater your expenses, losses, and other damages. And therefore, the more compensation you may recover in your settlement. The following factors may go into determining injury severity:

    • Whether the injury affects other parts of the body – Herniated discs can cause pain in your arms, legs, shoulders, and buttocks in addition to your back.
    • How the injury affects the victim’s everyday life – Herniated disc victims may not be able to go to work, drive, or perform household services.
    • If the injury causes a loss of body function – Herniated disc victims may suffer from limited mobility, numbness, and weakness.
    • The severity of the victim’s pain – Accident victims with herniated disc injuries may suffer severe pain for an extended period.
    • If the injury is long-term or permanent – Many accident victims find that the pain from the herniated disc injuries is permanent, even with treatment and surgery.

    One common argument insurance adjusters use to lower settlement awards is that the victim’s injuries were pre-existing. The adjuster may say that the victim is prone to back injuries because of their medical history of back injuries. However, the plaintiff can counter that the accident aggravated their previous injuries, and thus that they are still entitled to recover damages. If you previously suffered a herniated disc injury, but your accident aggravated it, you may still be eligible to file a claim and recover compensation for damages.

    Circumstances of the Accident

    The circumstances surrounding your accident may affect the settlement the insurance company offers. For example, when evaluating a settlement after a car accident, the insurer may look at the severity of vehicle damage. If the accident was a low-speed collision, the adjuster may argue that such a minor crash could not cause such a serious injury. However, even if your vehicle damage is minor, you are still entitled to compensation if the accident resulted in a herniated disc injury. Do not let the adjuster convince you that just because your vehicle damage is minor that you are not entitled to full compensation for your damages.

    Our attorneys will contact medical experts, accident reconstructionists and witnesses to help us establish the severity of your injuries and the value of your damages.

    We must also establish that the other party was at fault for the accident. Under Georgia law, the party who casued the accident is liable for the injured party's damages. But even if you were partially at fault, you may recover compensation for your injuries. Comparative negligence law in Georgia allows negligent parties to recover damages for their injuries as long as they are less than 50 percent at fault. For example, if you suffered a disc herniation when you fell on a broken step at a department store, but you were 40 percent at fault for your injuries, and your damages total $100,000, you will recover $60,000 ($100,000 minus 40 percent).

    We Can Help You Recover Monetary Compensation

    We can evaluate your case using all the above factors to determine how much your lawsuit settlement may be worth. Your settlement should include past, present, and future medical expenses, lost wages, loss of earning capacity, pain and suffering, and other economic and non-economic costs.

    For a thorough case evaluation, contact the Law Office of Jason R. Schultz, P.C. at 404-474-0804.

  • Who Is Liable for a Truck Accident: Carrier or Driver?

    If you suffered injuries in a truck accident, you might be wondering whether the truck driver or the truck carrier is liable for your injuries and damages. In most cases, if the driver is negligent, the company will be liable for the driver's negligent actions.

    At the Law Office of Jason R. Schultz P.C., we can help you establish that the truck driver’s negligence caused your accident and resulting injuries and that the trucking company is also liable for its employee’s negligent actions. If we successfully establish liability, causation, and damages, you may recover compensation for your medical expenses, lost wages, pain and suffering, and other accident-related costs. Call us today at 404-474-0804.

    Establishing Truck Driver Negligence

    Truck drivers must follow the rules of the road that passenger vehicles follow, as well as the Federal Motor Carrier Safety Administration (FMCSA)’s truck driving regulations. If a driver fails to follow these rules, they will have breached their duty to other motorists on the road. This breach of duty constitutes negligence.

    Our attorneys can establish that a truck driver is liable for your injuries and damages if we can show that their negligence caused your injuries. To prove our claim, we may present the following evidence:

    • Logbooks and delivery records – The FMCSA requires drivers to keep records of their hours on the road to ensure that they do not drive too many consecutive hours on the road. However, some drivers will falsify their records to drive for longer hours and make their deliveries quicker. Delivery receipts and log records can show that driver drove too many consecutive hours and was therefore “fatigued” at the time of the accident. Driver fatigue is a form of negligence.
    • Videos, photos, and records – In-truck cameras and data recorders and other data from onboard systems can show that a truck driver engaged in distracted driving, speeding or other negligent behaviors at the time of the accident. Photos of the scene of the crash, videos of the crash and cell phone records can also provide evidence of negligence.
    • Driver records – Truck drivers must have the appropriate qualifications, licenses, and training to operate their trucks. The driver’s file may indicate if the driver lacked the appropriate training or licensure to drive the truck.
    • Vehicle inspection and maintenance records – Vehicles must undergo inspections and regular maintenance to ensure they continue to meet federal standards. Failure to conduct these inspections may result in failed brakes, tire blowouts and other defects that cause accidents.
    • Loading records – Load and cargo evidence may indicate an overloaded truck.Overloading a truck may result in brake failure.
    • Witnesses and experts – Eyewitness testimony from people who saw the accident may testify as to what happened at the time of the crash. Medical experts, accident reconstructionists, and other experts can testify regarding the mechanics of the accident, the nature and severity of your injuries, necessary medical treatments, what caused the accident and other important parts of the case.

    By proving negligence, causation, and damages, we can show that the driver is liable for your accident-related injuries and damages.

    Proving Truck Carrier Negligence

    Proving truck carrier negligence is different from proving truck driver negligence. If a company is cutting corners, they should be liable for victim’s injuries. Truck carriers may be liable for:

    • Hiring incompetent or unqualified drivers
    • Failing to provide training for drivers or supervisors
    • Failing to conduct proper vehicle inspections and maintenance
    • The negligent actions of their drivers

    But even if the truck carrier was not directly negligent, it may be vicariously liable for your injuries if the truck driver caused the accident. Under the theory of respondeat superior, the truck carrier may be vicariously liable for the negligent actions of the truck driver (e.g., speeding, failing to yield, distracted driving). Respondeat superior protects the victim and holds companies responsible for the actions of their employees.To establish liability of a truck carrier under this theory, we must show:

    • The truck carrier employed the truck driver – The law does not consider independent contractors and truck drivers who work for third-party companies as employees of the truck carrier. In many cases, truck carriers will contract with a third-party company and use their trucks and employees for their deliveries. If this is the case, truck accident victims may file claims against the third-party or contracting company instead of the truck carrier.
    • The truck driver was driving within the scope of employment – If a truck driver was conducting business to benefit the trucking company at the time of the accident, and their actions were within the scope of their employment, the trucking company may be liable for damages. If an employee was running a personal errand with the truck and got into an accident, the truck carrier will not be liable for the crash. Courts will consider many factors, including the driver’s general job description, to determine whether the driver was acting within the scope of employment.

    Both truck carriers and truck drivers - and other parties - may be liable for truck accident victims’ damages and injuries. The attorneys at the Law Office of Jason R.Schultz P.C. could assist you with your claim against both parties. Call 404-474-0804 to set up a consultation with an attorney.

  • Which Parties May Be Liable for a Truck Accident?

    Depending on the circumstances, the driver or the driver's employer, and even the truck manufacturer may be liable for causing your accident.

    The truck accident lawyers at the Law Office of Jason R. Schultz, P.C. can help you figure out who is liable for your wreck and file claims against them on your behalf. Call us today at 404-474-0804 to talk about your situation.

    Who Is Liable for Your Truck Accident?

    If we pursue damages on your behalf, we may file a claim against any party who contributed to the accident. One or more of the following parties may be liable:

    Truck Drivers

    Our attorneys file most truck accident claims against the truck driver.Truck drivers are responsible for operating their vehicles safely and by state laws. When a truck driver operates his or her truck negligently or recklessly and causes an accident, they may be liable for any resulting injuries and damages. Negligent truck drivers may engage in one or more of these behaviors behind the wheel:

    Fatigued Driving: Truck drivers may have to drive through the night to ensure their deliveries reach their destination on time. Because of this pressure, many drivers do not adhere to the federal trucking regulations that require them to take frequent breaks and end up falling asleep at the wheel. When the driver falls asleep, the truck may veer into oncoming traffic and cause a serious collision.

    Distracted Driving: Truck drivers drive for long stretches of time. Some drivers may find it difficult to focus and resort to checking their phones, texting, adjusting the radio, reading, eating or engaging in other distracting behaviors. However, taking your eyes off the road for even a few seconds can have catastrophic consequences.

    Drunk Driving: Truck drivers that are under the influence of drugs or alcohol at the time of an accident may be liable for the victims’ damages. Alcohol and drugs may impair the driver’s decision-making abilities, slow reaction times and cause blurred vision.

    Failing to Follow Traffic Laws/Driver Errors: The law holds truck drivers to a higher standard than drivers of passenger vehicles due to the risks posed by their large vehicles. Truck drivers who do not have proper training or enough experience are more likely to make errors behind the wheel. Truckers must adhere to all trucking regulations and state traffic laws. The most common violations include:

    • Speeding or driving too fast for conditions
    • Disobeying traffic control devices such as red lights and stop signs
    • Making sharp turns
    • Failing to yield the right-of-way
    • Failure to apply brakes

    To file a negligence claim against a truck driver, we will establish the following:

    • The driver acted negligently by breaching a duty owed to you.
    • The driver’s negligence caused your accident.
    • You suffered damages in the accident.

    Trucking Companies

    Truck drivers are not the only ones responsible for an accident victim’s injuries and damages. We may also file our claim against the trucking company that employs the driver.Trucking companies may be liable under the following theories:

    • Respondeat superior – Under this theory, the trucking company is vicariously liable for the negligent actions of their employee, as long as the company, in fact, employed them and they acted within their scope of employment at the time of the accident.
    • Negligent hiring – If a trucking company hires a driver without investigating his or her background, it could be liable for accidents the driver causes. For example, a company that hires a driver who does not have a commercial license can be liable for negligent hiring.
    • Negligent supervision – Companies must train their supervisors and drivers adequately according to federal trucking regulations. Failure to properly train employees may constitute negligent supervision. Trucking companies that encourage drivers to violate trucking laws to make deliveries on time may also be liable.
    • Failure to inspect – Trucking companies and drivers must conduct regular inspections to make sure their trucks are working properly. If a company fails to inspect a truck and a defect causes an accident, they could be liable for damages.

    Manufacturers

    In addition to truck drivers and trucking companies, truck manufacturers may also be liable for your truck accident. Tire blowouts, faulty brakes, defective steering and other mechanical defects can cause truck accidents. If a truck malfunctions and that malfunction causes an accident, the truck manufacturer and the manufacturer of the faulty part may be liable for damages if we can establish that the defect caused the accident. However, drivers and trucking companies also may be liable if they did not conduct regular inspections of the vehicle.

    File a Claim Against Liable Parties in Your Accident

    If you sustained injuries in a truck accident, talk the attorneys at the Law Office of Jason R. Schultz P.C. We can evaluate your claim, determine who is liable for your injuries, and pursue compensation on your behalf. For more information, call 404-474-0804.

  • What Are the Requirements to Get a Motorcycle License in Georgia

    You must have either a Class M (motorcycle) license or a Class MP (motorcycle learner’s permit) to operate a motorcycle or motor-driven cycle on Georgia roadways. Your age determines what kind of license you can get:

    • If you are 16 years old, you can only get a Class MP permit.
    • If you are 17, you can get a regular Class M motorcycle license, but your parents must sign your application.
    • If you are 18 or older, you can get a Class M license.

    The requirements for a Class MP and Class M motorcycle license differ, though generally require submitting proper documents, passing written exams, and passing a road test.

    How Do I Get a Class MP Motorcycle Learner’s Permit?

    You must pass these tests to get your Class MP license:

    • Vision test
    • Motorcycle Knowledge Exam. You take this exam after successfully completing a motorcycle Basic Riders Course (BAC), which includes classroom time, a knowledge exam, and a skills test. The course currently costs $250 for Georgia residents.

    You must provide these documents:

    • Official documents showing your name, Social Security number, home address, and either U.S. citizenship or lawful status in the United States.
    • A Certificate of School Enrollment (DS-1), high school diploma, or GED.
    • Proof of the successful completion of an Alcohol and Drug Awareness Program (ADAP/eADAP).
    • The documentation from your Behind the Wheel program.
    • You must surrender any driver’s license, permit, or ID card you have from another state.
    • Signature of a parent, guardian, authorized driver training instructor, or authorized responsible adult. Be aware that they can also request that the state of Georgia revoke your license at any time until you turn 18.

    If you are 16 or 17 years old, you must also comply with all the requirements of Senate Bill 226, also known as Joshua’s Law. This law mandates the completion of an approved driver education course, plus at least 40 hours of supervised driving, including six hours of night driving. Your parent or guardian must sign an affidavit that you completed the supervised driving requirements.

    With a Class MP permit, you can ride your motorcycle during daylight hours, but may not have have passengers or ride on limited access highways. You must wear a helmet and windshield or other eye protection, such as goggles.

    How Do I Get a Class M Motorcycle License?

    You must be at least 17 years old to get a Class M licenses in Georgia. If you are 17, you must get the signature of a parent or other authorized person, just as for a Class MP permit, and the person who signs for you may ask that your license be revoked at any time until you are 18.

    You must submit these documents to get your Class M license:

    • Official documents showing your name, Social Security number, home address, and either U.S. citizenship or lawful status in the United States.
    • You must surrender any driver’s license, permit, or ID card from another state. If you can no longer find your out-of-state license, permit, or ID card, you will have to submit a certified driving record from that state.
    • A Certificate of School Enrollment (DS-1), high school diploma, or GED, if you are 17 years old.

    You must pass these tests:

    • Vision exam.
    • EITHER a Knowledge Exam and Road Skills Test OR a Georgia Motorcycle Program Basic Course.

    If you are 17 years old, you must satisfy all the requirements of Joshua’s Law. Regardless of your age, you are required to wear a motorcycle helmet when operating a motorcycle or motor-driven cycle in Georgia.

    Which Vehicles Require a Class M or Class MP Motorcycle License?

    The following vehicles require a Class M or Class MP motorcycle license to operate:

    • Vehicle is a motorcycle or motor-driven cycle; and
    • It has a saddle instead of a seat like you would find in a car or truck; and
    • It is designed to travel with two or three wheels on the ground; and
    • It is not a tractor; and
    • It is not a moped having a 50 cc or smaller engine.

    To ride a moped (50 cc or smaller engine motor-driven cycle) on Georgia roads, you must:

    • Be at least 15 years old and carry a current driver’s license, instructional permit, or limited permit.
    • Wear a motorcycle helmet.
    • Follow the rules of the road.

    Your moped does not need a tag, but you are not allowed to ride it on roads with a minimum speed limit over 35 miles per hour.

    You should always take your safety seriously when riding a motorcycle or motor-driven cycle. Be aware of and adhere to all motorcycle laws in Georgia. If you suffer an injury in a motorcycle accident, call the Law Office of Jason R. Schultz, P.C. at 404-474-0804 for a free consultation.

  • Can I get compensation for a dog bite infection?

    Yes, you can recover compensation for a dog bite infection. Below, we detail how an infection from a dog bite can affect you and what you can expect to recover in a dog bite infection claim.

    What damages can I recover for an infected dog bite?

    Dog bites are notorious breeding grounds for infection. After a dog bite, you can develop bacterial infections like cellulitis, pasteurellosis, or capnocytophaga. These painful bacterial infections can spread through your body and cause severe tissue damage through flesh-eating strep or MRSA (antibiotic-resistant infection).

    There is also a risk of contracting rabies, even though cases in the U.S. are uncommon. Rabies is often fatal in unvaccinated humans.

    The damages you can recover for your infected dog bite depend on:

    • The severity of the infection itself (e.g., a skin infection will likely recover less than a case of sepsis);
    • How the infection has affected you;
    • The treatments you have undergone

    Each dog bite infection claim is different but you can expect to recover the following:

    Immediate Medical Bills

    A dog bite infection can leave you in the hospital for days, or even weeks, which can cause the costs to skyrocket. You can recover all immediate medical bills related to your dog bite infection such as:

    • Emergency room or urgent care center bills
    • The cost of your hospital stay
    • Cost of dressings and ointments to use at home
    • Medications
    • Antibiotics for the infection
    • Any surgeries necessary (e.g., some infections require amputation of a limb)

    Follow-up Treatments

    You can also recover compensation for the expenses of follow-up treatment, such as regular appointments or plastic surgery to modify scars and other types of disfigurement.

    We will clearly establish the link between the follow-up treatment and the dog bite infection.

    Lost Wages

    In many cases, a dog bite infection will require time in the hospital or, at the very least, a few follow-up visits. If you missed work because of a dog bite infection, we will ensure your settlement offer includes any wages and benefits you lost.

    If your dog bite infection required you to take a lesser-paying job or retire completely, we will ensure your settlement covers all these losses.

    Ongoing Issues

    It is not uncommon for people to suffer nerve damage or long-term damage to skin, muscles, connective tissue, and even bones or organs after a dog bite infection. Since dog bite infections can attack the nervous system or the entire body, the long-term harm can be significant and life-changing. You might face neurological damage, paralysis, or cognitive impairment. A high fever caused by the infection can also have similar effects.

    If you are suffering disabling or restrictive effects from a dog bite infection, we will demand compensation for those effects. If you are unable to work or must take a lesser paying job due to your dog bite infection, we include these losses in your demand.

    These are real consequences that can mean your life will never be the same. You are not limited to only compensation for the initial medical treatment if you have suffered long-term harm as a result of a dog bite infection. These long-term damages will be part of your injury claim.

    Emotional Damages

    We will also demand emotional damages if your dog bite or dog bite infection caused you substantial pain and suffering or keeps you from enjoying life the way you did before.

    Wrongful Damages

    Infections from a dog bite can be fatal. If your loved one died from a dog bite infection, we will demand compensation for:

    • Funeral and burial or cremation costs
    • Loss of income and work benefits
    • Loss of support and services
    • Loss of guidance, consortium, and community
    • Mental anguish
    • Pain and suffering

    Call Jason R. Schultz for help today.

    Do not think you need to handle your dog bite claim alone. Atlanta dog bite lawyer Jason R. Schultz is here to help. Call today to schedule your free, no-obligation consultation: 404-474-0804.

  • How does motorcycle insurance work in Georgia?

    Motorcycle insurance works the same way as car insurance after an accident in Georgia. The insurer investigates the accident and pays out depending on the injuries, property damage, and coverage limits.

    Is motorcycle insurance mandatory in Georgia?

    Yes. Georgia law requires owners of all motor vehicles to maintain certain minimum amounts of insurance to cover injuries or property damage they cause. These requirements apply to motorcycles the same as they do for any other motor vehicle.

    These minimums include:

    • $25,000 bodily injury liability for one person;
    • $50,000 bodily injury liability for everyone in an accident; and
    • $25,000 property damage liability

    IMPORTANT: Your liability coverage only pays claims to people when you are at fault. It does not cover your damages if the other driver is at fault. When the other driver causes the accident, you make a claim against his liability insurance.

    What kinds of motorcycle insurance does Georgia law not require?

    Georgia law does not require you to buy motorcycle insurance that exceeds the minimum required coverage, also called 25/50/25 coverage. The law also gives you the option to decline uninsured motorist coverage or medical payments coverage.

    What happens if the damages are higher than the limits of the insurance policy?

    If you are at fault and the damages exceed the limits of your insurance coverage, the people you injured in the accident can sue you and try to take your personal assets. If the other driver is at fault and does not have enough coverage to pay all the damages, we can seek a judgment for the difference, and go after the at-fault driver’s assets.

    What optional types of insurance covers motorcyclists?

    Yes. Multiple types of optional motor vehicle coverage can protect motorcyclists in the event of a wreck, including:

    • Higher limits
    • Uninsured/Underinsured coverage
    • Collision coverage
    • Comprehensive
    • Medical payments
    • Accessories coverage

    What can I expect from my insurance after a motorcycle wreck?

    Once you file a claim with your insurer, a claims adjuster will begin investigating your accident. If you also filed a claim against another driver, his insurer will launch its own investigation. You will likely receive calls from both insurers asking for your side of the story. The insurance adjusters will also likely request a recorded statement. It is imperative that you do not grant a request for a recorded statement and instead direct any questions to us.

    Insurance adjusters are notorious for using what accident victims say in these statements against them. And do not assume that your own insurer has your best interests in mind. Insurance companies are only concerned with one thing: saving money. And they will use some nefarious tactics to do so.

    For example, you were riding your motorcycle when you had a collision with a car turning left at an intersection. It is clear the other driver was at-fault; however, you admitted in your recorded statement that you might have been riding a few miles over the speed limit. The insurer will use that to reduce your compensation and assign liability to you.

    Consider another example: you were riding through an intersection when you collided with a car turning left. You admit you saw the car turning left in front of you but did nothing to slow down or avoid the crash. The insurer will likely try to assign significant liability to you. This means that you will only be able to recover a certain percentage of your injury settlement and you could be liable for a portion of the other person’s injuries.

    Depending on the severity of the injuries the other driver suffered, you could end up paying for a portion of your and his injuries out of pocket.

    If you have optional coverage above the minimum required coverage, it could help with the payment of damages. If the other driver is uninsured, your insurance will pay the costs if you carry uninsured motorist coverage. If the other driver is insured but your damages are greater than the amount of the other driver’s insurance, your policy will cover your excess damages if you purchased underinsured motorist coverage.

    Get help from an Atlanta motorcycle accident lawyer.

    Recovering compensation from the other driver’s insurer or your own can be difficult. The motorcycle accident team at the Law Office of Jason R. Schultz, P.C. is ready to help you. Call 404-474-0804 for your free consultation.