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The personal injury statute of limitations in Georgia is generally two years from the date of the accident.

This means that a claim must be filed two years from the date of the accident itself.

If a tractor-trailer accident occurred on August 2, 2019, for example, then the injured person has until August 1, 2021, to file suit.

The two-year statute of limitations applies to most personal injury claims.

This includes those arising out of a:

• Bike accident,
• Bus accident,
• Truck accident,
• Pedestrian accident,
• Motorcycle accident,
• Medical malpractice,
• Shooting,
• Wrongful death,
• Spinal cord,
• Brain injury, or
• Burn injury case

Discuss Your Case With Us

Personal Injury Statute of Limitations Rules in Georgia

As a general rule, a lawsuit should never be filed that close to the statute of limitations.

This is because there may be issues with locating the defendant or serving the defendant with the lawsuit.

A substantial delay in service may result in a timely filed lawsuit being barred by the statute of limitations.

Our rule of thumb is to file a lawsuit at the earliest opportunity to present a good case. It is rare if we file a lawsuit less than 6 months before the statute of limitations expires.

Exceptions to Personal Injury Statute of Limitations in Georgia

There are some exceptions to the personal injury statute of limitations in Georgia.

Commission of a Crime

First, there is an extension for lawsuits related to the commission of a crime.

The statute of limitations is extended for the same period that the criminal prosecution or criminal investigation is pending.

This means that where the personal injury resulted from a criminal act, the injured party may have additional time to file their claim.

This includes a crime resulting from a car accident or truck accident.

For example, if the tractor-trailer accident resulted in a DUI charge for the truck driver, then the statute of limitations would be extended during the time period that the DUI investigation and prosecution was pending.

Fraudulent Acts

Second, the statute of limitations may be extended for fraud.

This only extends the time period to file a lawsuit, when the fraud prevented the injured party from filing the lawsuit.

In other words, there needs to be some fraudulent act that kept the injured party from filing a lawsuit.

A simple allegation of fraud is not sufficient to pause or “toll” the statute of limitations.

Age Restrictions

Third, the statute of limitations is extended for a minor until they reach the age of majority (age 18).

A person should not wait around this long to file suit, however, as there are other rules that could come into play and bar a claim.

Psychological Restrictions

Fourth, the statute of limitations is extended for folks who are mentally incompetent.

This is a high standard. The person must be so mentally unsound that they are incapable of carrying out ordinary life affairs or filing a lawsuit.

Having a mental disability is not enough. Being diagnosed with a mental illness is not enough.

There must be incompetence to such a degree that the person is incapable of making decisions for themselves.

Navigating the statute of limitations can be a challenge.

We know the ins and outs of the statute of limitations in Georgia.

At our firm, we are experienced lawyers based in Atlanta, and we service all of Georgia.

Who Can File an Atlanta Wrongful Death Claim?

Before filing a suit for a fatal accident, you need to make sure that you’re the appropriate person to file the claim. One of the biggest questions if who can file a wrongful death claim?

This can be a very complex question.

Those having the right to bring a cause of action for wrongful death are as follows (in order of priority):

1. Surviving spouse;
2. Children;
3. Parents; and
4. Administrator/executor of the estate

The Venue

Whether you are filing a wrongful death action or any other case addressing injuries to a person, the first step is to make a decision as to where you will file the lawsuit. 

The value of a wrongful death case, and any other case for that matter, is in some measure determined by the location of the suit. In legal terms, the location of the suit is called the “venue.”

In Georgia, the location will generally be in a “county” where the defendant lives.

If the defendant is a company, the venue will generally be the location where the company’s “registered agent” is located.

A registered agent is a person that the company designates to accept service for the company. A registered agent can be located by going on the Georgia Secretary of State’s website.

There are 159 Counties in Georgia.  Obviously, we cannot address them all. 

However, if you are in the Atlanta area for a Plaintiff’s case, the preferred jurisdictions would be DeKalb and Clayton. 

Other favorable jurisdictions would include Bibb and Chatham Counties. 

So what makes a particular county more desirable than others? 

The answer is simple; a history of large verdicts in favor of plaintiffs.

How do I know what to put in the Complaint?

It is essential that the person filing a wrongful death action have as full understanding of the facts related to the fatal accident as possible. This would include:

• (a) the date of the accident;
• (b) the location of the accident;
• (c) the parties involved;
• (d) the acts and omissions of the people being sued; and
• (e) that the death was actually caused by those acts.

In some cases, it is not possible to know all of the facts before filing suit.

That is OK, so long as you have a sufficient amount of facts to make your case. The more information you have, the better.

In a typical wrongful death case, there will be allegations of negligence.

This means that Plaintiff will allege that Defendant committed some acts or omissions, different than what a reasonable person would do, that resulted in the death of the loved one. This is called a “negligence” count.

There will also be allegations of damages. When there is a wrongful death, Georgia law provides that the recovery is “full value of the life of the decedent.”

This is determined by the circumstances of a person’s life. 

There are two components: an “economic value” and the “intangible element”.  The economic value generally consists of the earnings or other economic value of lifetime services.  This may involve a complex calculation of lifetime earnings and other economic values.

An economist may be used to help place this amount into a number.

The “intangible” element is the what life is worth when lived. This is up to the jury to determine.

The jury will consider facts such as the relationships, quality of life, and enjoyment of activities.

In some rare cases, punitive damages may be awarded for the defendant’s egregious conduct in the accident.

This is very rare.

Punitive damages are recoverable when the defendant acted with intent, malice, or some other egregious action.

Do I Need a Lawyer to File an Atlanta Wrongful Death Suit?

A wrongful death suit is not something you should try and file on your own. It is a complex area of law, and you need a seasoned wrongful death attorney to help you. Our firm has recovered millions for wrongful death victims, and we have received one of the largest wrongful death verdicts in Georgia history.

We offer free consultations for wrongful death claims in Atlanta. We practice throughout Georgia and the metro Atlanta area.

Brain injuries are no laughing matter. The emotional toll that a traumatic brain injury can have on a family or individual is incalculable, while the physical and financial toll can be equally burdensome.

The question of what is the difference between acquired and traumatic brain injury is a very common one, but the answer might surprise you. In fact, traumatic brain injuries (TBI) are actually a specific type of acquired brain injury. 

The Brain Injury Association of America divides brain injuries between two overall categories: acquired and non-acquired. An acquired brain injury is one that occurs after someone is born, while a non-acquired brain injury is one that someone is born with or that occurs during birth. Typically, congenital factors or degenerative disease cause non-acquired brain injuries. On the other hand, a large number of different sources can cause acquired brain injuries.

Traumatic vs Non-Traumatic Brain Injuries

Generally, an acquired brain injury falls into one of two categories: traumatic or non-traumatic. The key difference between the two categories of acquired brain injuries is whether the cause is internal or external. 

Non-Traumatic Brain Injuries

Internal factors cause non-traumatic brain injuries. Typically, non-traumatic brain injury causes include:

• Strokes,
• Hemorrhages,
• Near-drowning experiences,
• Drug overdoses,
• Exposure to poisonous gas such as carbon monoxide,
• Seizures, and
• Electric shocks.

Very often a non-traumatic or internal brain injury is the result of decreased or non-existent oxygen flow to the brain due to one of the noted causes.

Traumatic Brain Injuries (TBI)

On the other side of acquired brain injuries are traumatic brain injuries (TBI). External factors cause traumatic brain injuries. Federal law defines a TBI as “an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both.” Traumatic brain injuries, including concussions, can be caused in many different ways, including:

• Automobile accidents,
• Assaults,
• Sports injuries,
• Slipping and falling,
• Gunshots,
• Explosions, and
• Child abuse (shaken baby syndrome).

According to the Centers for Disease Control and Prevention (CDC), falls are by far the leading cause of traumatic brain injury in America at (48%), followed by being struck by or against an object (17%). Both of these categories themselves can arise out of many different incidents that can occur in our normal day-to-day activities, such as:

• Being hit in the head by a ball in sports practice;
• Being struck by a vehicle while crossing the street;
• Slipping on ice on the sidewalk;
• Slipping on a wet floor at the supermarket; and
• Tripping over an obstruction at work.

These are all events that can occur in our daily routines without doing anything out of the ordinary. These daily routines, however, can be permanently changed by a traumatic brain injury. Furthermore, the cost of these injuries is huge. Traumatic brain injuries cost Georgians an estimated $1.5 billion annually in lost wages lost and medical costs.

Serious and Rare

TBIs are some of the most serious injuries that patients, and lawyers, deal with. The vast majority of trauma does not result in a TBI. Because it is rare, it is important to contact someone with experience.

Contact Our Team Today

If you or a loved one has suffered any type of brain injury, the team at Weatherby Law Firm, P.C. is here to help. We understand how difficult it is to suffer a brain injury or to watch a family member suffer. We aim to ease that suffering with legal advocacy founded on principles of integrity, honor, and efficiency. Here at Weatherby Law Firm, P.C., we pride ourselves on caring for our clients as if they are part of our family. With our expertise, attention to detail, and compassionate approach, we can help you through this life-altering event. Contact us today.

Class action lawsuits provide opportunities for harm suffered by multiple people to be corrected in a single lawsuit. These lawsuits may involve consumer fraud, defective products, or employment grievances. If you believe you have a valid class action lawsuit, contact the experienced team at Weatherby Law Firm to review your case.

What Is a Class Action Lawsuit?

A class action is a lawsuit consisting of one or more people representing the interests of a larger group sharing the same harm. This larger group is referred to as the “class.” Class action lawsuits promote resolution of legal issues where bringing individual cases is not economically possible. Class action lawsuits are designed to advance public policy goals by enabling individuals to receive a remedy for harm suffered at the hands of large companies. 

Bringing a successful class action lawsuits requires the following:

• Commonality—the harm suffered is common to all members of the class; 
• Typicality— common set of facts is shared among the class;
• Adequacy—the class representative adequately represents the interests of the entire class; and
• Numerosity—The number of individuals affected is too numerous to bring individual lawsuits. 

A class action must be the most efficient way to bring resolution to the harm. If a judge determines that the proposed class meets these requirements, the judge certifies the class and gives the lawsuit class action status. If a class fails certification, the class action lawsuit is dropped. 

How To Hire the Right Attorney for Your Class Action Lawsuit 

A class action requires a specific type of attorney with experience in class action lawsuits. If you believe you have grounds to bring a class action lawsuit, discuss the facts of the case with a qualified class action attorney. A class action attorney can analyze the pros and cons of your potential class action lawsuit and determine whether a viable case exists. 

Experience

Due to the complex nature of class action lawsuits, hire an attorney with extensive experience litigating class action lawsuits. Prioritizing litigation experience ensures the ability of your attorney to effectively represent the class and negotiate for positive results. 

Results Obtained 

Many class action lawsuits settle before trial. Upon settlement, a fund is established to distribute settlement proceeds to all members of the class. When deciding upon the right class action attorney, research whether the firm has obtained successful results in past class action lawsuits.  

Client Focus 

Ensure that your class action lawsuit receives the focused attention of your attorney. You don’t want to hire a firm unable to properly tend to your needs because the firm is overloaded with cases. 

Contact Our Atlanta Class Action Lawyers Today 

Do you believe you have grounds to bring a class action lawsuit? At Weatherby Law Firm, P.C., we make lives better for folks in the fields of catastrophic injury, truck accidents, class actions, and professional malpractice. We represent both injured folks and reputable businesses. Because of our experience, we know how to help you. We’d welcome the opportunity to speak with you today. Contact us now.

If you have been in an accident that results in a severe traumatic brain injury (TBI), you understand just how serious this injury is. Put lightly, the immediate effects of a severe TBI can be scary, painful, and emotionally distressing.

The short-term effects are often visible and readily identifiable. However, the long-term effects of a severe TBI vary wildly, can be harder to identify, and may not appear linked to the injury at first. Therefore, it’s important that you know what to look out for in yourself or your family member in the future.

Physical Effects

The long-term physical effects of a severe TBI are often similar to the short-term effects. Blurred vision, headaches or migraines, and dizziness are not uncommon for people with severe TBI.

In addition, people who have suffered a severe TBI may report a recurring feeling of tiredness. Others have had seizures. These physical effects, while painful, are easy to see compared to other long-term effects.

Cognitive Effects

Cognitive impairment can be a long-term effect of severe TBI. Short and long-term memory loss may occur. This can leave a person confused about who their friends and family are or even where they live. Some cannot read at the level they once were able to, and others maylose this ability entirely. 

TBI may also affect problem-solving abilities. Some people may be unable to complete the everyday tasks that once were able to, leaving them unable to button their shirt or tie their shoes. The cognitive effects of a severe TBI can be profound in the long term and often permanently alter one’s life in a fundamental way.

Social and Emotional Effects

Severe TBI can also have long-term social and emotional effects. Mood swings are not uncommon in people who have suffered a severe TBI. Depending on other factors, it may affect a person’s ability to work.

The strain of all of the physical and cognitive symptoms can profoundly impact an individual’s psyche. This can result in mental distress like depression and anxiety. Further, a severe TBI can disrupt or damage an individual’s relationships with folks, from their parents to close friends. 

The long-term social and emotional costs of a severe TBI may be serious. You may not initially think of these effects as being linked to the TBI.

Synergy of Effects

The combination of all or some of these effects often has a way of synergizing and increasing the total impact of the TBI in the long term. For example, an injured person may be unable to work due to a loss of movement ability. The loss of their ability to work may then have the effect on their relationships and their mental health.

Severe TBIs, though serious, are rare.

Fortunately, severe traumatic brain injuries are rare. In the vast majority of accidents, even those involving head trauma, the body repairs itself remarkably well and long term effects will not result. Only a well qualified physician can advise you on the potential effects of the brain injury in your case. It is important to get a qualified doctor and attorney to review any case that has allegations of a TBI.

Contact Our Georgia Traumatic Brain Injury Lawyers Today

Contact our experienced team of brain injury lawyers at Weatherby Law Firm, P.C. today. Whether the accident with a TBI occurred one day or one year ago, our team can help. We appreciate the wide variety of effects that a severe TBI can have.At the foundation of our firm are principles of professionalism, compassion, detail, and integrity. We work to make your life better. Let us do that for you.

According to the National Highway Traffic Safety Administration, car accidents cost the American’s $836 billion in 2010. That includes $10.8 billion in Georgia alone— more than one thousand dollars for every Georgian. In just one year. 

Because of this, generally speaking, you should hire a lawyer if you find yourself in one of the following situations.

When You are Negotiating with an Insurance Company

If you have to negotiate with a car insurance company, you generally need to hire a car accident lawyer. Even if the insurance company is your own, it can be important to hire a lawyer. This is because insurance contracts are complex. There are hoops you may need to jump through to properly file your claim. Additionally, if the insurance company begins bargaining with you, it is important to understand your rights.

If you or a loved one is injured, then it is important to hire a reputable lawyer that can assist you in pursuing the claim. The lawyer will be able to gather the necessary information and speak the same language as the insurance adjuster. This can help resolve your case quickly and for a more reasonable sum. Likewise, if you are the at fault driver, hiring a lawyer is important to protect your assets.

When You Are in a Car Accident

Any folks involved in a car accident that results in injuries should consult with an attorney. Whether you are the at-fault driver or the other driver who is not at fault, a personal injury attorney can help evaluate the facts and circumstances of your case and protect you. If you are the injured person, an Atlanta car accident attorney can help you get reasonable compensation for your injuries and damages. If you are the at-fault driver, an Atlanta accident attorney can make sure you are well defended.

A good car accident lawyer will evaluate the facts, including any available videos, witness statements, and the law. An attorney may also consult with with an expert, such as accident re-constructionist. After gathering all of the facts and circumstances, the attorney can advise you how best to proceed.

When You Suffer Any Damage from a Car Accident

The damages that arise from a car accident vary widely. The damages that may be recoverable after a car accident include: 

• Lost wages;
• Emergency room costs; 
• Medical costs; 
• Costs of psychiatric care; 
• Costs of lost wages; 
• Property damage costs; and 
• Pain and suffering.

These costs add up quickly. An Atlanta car accident lawyer can help you record and calculate the total cost of a car accident. This is important to know, whether you are pursuing a claim or defending your assets.

Contact Our Atlanta Car Accident Lawyers Today

Have you or a loved one been involved in a car crash recently? If so, contact our team of Atlanta car accident lawyers at Weatherby Law Firm, P.C. today. Our team has years of expertise successfully advocating for people involved in car crashes. We represent the truly injured and honorable businesses. Our firm is founded on principles of integrity, honor, and efficiency. Here at Weatherby Law Firm, P.C., we pride ourselves on caring for our clients as if they are part of our family. In doing so, we bring attention to detail and a sense of urgency.

Taking your car to a mechanic costs time and money. We know that you expect the auto shop to fix your vehicle correctly. But if that doesn’t happen, you may be able to sue the mechanics if they did not act reasonably. That is because mechanics who commit to working on your motor vehicle have a responsibility to do the work right. When that does not happen, a court may say they are negligent.

What Is Negligence?

Negligence that gives rises to a claim generally happens when these three things occur:

• Someone has a duty to act with care in doing something; 
• They breach their duty by not using the level of care ordinarily expected; and
• They cause harm because they did not do what they were supposed to.

In the case of mechanics, they assume a duty of care by agreeing to repair your vehicle. A mechanic has a duty to use the same level of skill as a reasonable mechanic would under the same or similar circumstances.

An example may help explain this concept. Let’s say you need your brakes fixed on your truck. You hire mechanics who say they’ll fix the breaks. The auto shop calls and says they repaired your vehicle. So you pay the mechanics and pick up your truck. But, what you didn’t know is that the mechanic failed to install the brakes properly. When driving home, your truck does not stop when you press the breaks, the vehicle is damaged.  

In this example, the mechanic negligently caused the damage to your truck. Applying the elements here, we see as follows:

• The mechanics had a duty to fix your truck;
• The auto shop may not have used or ordinary care in servicing your truck; and
• The inadequately repaired breaks directly caused the damage.

The factors of duty, level of care, and damage all must be considered when determining if you have a winnable case.

How Can an Atlanta Accident Attorney Help When a Mechanic Is Negligent?

There are many factors that may affect whether a mechanic is negligent. An attorney is the best person to evaluate those factors. It is crucial to get a lawyer or law firm that understands liability relating to auto shops and can fight for you. An experienced negligence attorney will analyze your case, which may include the following:

• Review all of the facts, consider the laws, and discuss your options with you; 
• Help you gather necessary evidence including records, photographs, and expert opinions if necessary;
• Be sure to follow all the rules and file paperwork needed for court on time; and
• Negotiate and sometimes settle your claim without going to court.

An experienced catastrophic injury attorney can help ensure that you place your mechanic negligence claim in the strongest position possible under the circumstances.

Steps to Take If You Think a Mechanic or Auto Shop Is Negligent in Georgia

A lot of times a driver won’t realize that the mechanic failed to do their job until it is too late. But, if you do think the car or truck is unsafe, then do not drive the car. Have it towed to another mechanic to double check the work. 

If you find yourself in the position where you had an accident and you think it was due to faulty repair, here are the eight steps we recommend that you take:

1. Check on the folks at the scene of the accident and ensure everyone is safe;
2. Call the police and report the accident;
3. Seek medical attention if needed;
4. Call you insurance company and report the accident;
5. Contact a lawyer experienced in cases regarding auto shops and mechanics as soon as possible; 
6. Keep all bills, receipts, and estimates of the work the mechanic did or claimed to do;
7. Do not agree to anything directly with the mechanic or anyone else at the auto shop; and
8. Do not give any statement to the mechanic or their representatives.

Your attorney will represent you and take the lead in negotiating your case. 

How Can Weatherby Law Firm, P.C. Help You?

At Weatherby Law Firm, P.C., we make lives better for folks in the fields of catastrophic injury, truck accidents, class actions, and professional malpractice throughout the state of Georgia. We represent both injured folks and reputable businesses. Because of our experience, we know how to help you. We’d welcome the opportunity to speak with you today. Contact us now.