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frequently asked questions

Georgia Personal Injury

How do I know if I have a personal injury case?

If you’ve been injured through the fault of someone else’s carelessness or neglect, the chances are likely that you have a personal injury case.

What is the first thing I should I do if I’m involved in an automobile or motorcycle accident?

DO: 

  • Dial 911. Call the police or an ambulance immediately.
  • Get examined for injuries as a result of the accident.
  • Be honest and give only the facts to the police.
  • Take photos and/or videos of the scene of the accident if possible. 
  • If riding a bicycle, e-bike or e-scooter leave your bike in the same state it was after the crash. 
  • Get the information contact for any witnesses.

DON’T: 

  • Don’t leave the scene unless you are seriously injured and must visit the hospital. 
  • Don’t try to move anyone injured.
  • Don’t discuss the accident or your injuries with other people involved in the accident.
  • Don’t make any statement to an insurance company until you talk to a lawyer.
  • Don’t post anything on social media about the accident. 
An insurance company has offered me money. Why shouldn’t I just take the money, rather than go through the hassle of a lawsuit?

Insurance companies rarely, if ever, pay a victim who has no legal counsel what is deserved, and medical conditions resulting from an accident can sometimes take months to produce symptoms. If you’ve been injured in an accident due to someone else’s carelessness or negligence, don’t shortchange yourself by settling with an insurance company before you consult a personal injury attorney. At Hagen Rosskopf LLC, we make the legal process as simple as possible for our clients and often, insurance companies greatly improve their offers to accident victims after they discover we are representing them. Many times, our cases are settled very favorably for our clients without ever even going to trial.

How much will it cost to file a case?

At Hagen Rosskopf LLC, there is never a fee for a consultation or for filing a lawsuit, unless you receive money. Please note, however, that court costs and other additional expenses of legal action usually must be paid by the client. Contingent fees are not permitted in all types of cases.

What are “contingent fees” or “contingency cases?”

Most cases handled by Hagen Rosskopf LLC are handled on contingency, meaning that we collect fees for our services only when our clients win their lawsuits, or when the cases are settled favorably for our clients out of court.

How much could I win in a case?

Every case is different, but victims of personal injury cases are awarded monetary compensations according to several factors, including medical expenses, lost wages, pain & suffering and emotional distress.

I’m overwhelmed and suffering from what has happened to me. How quickly after my accident do I need to file a lawsuit?

A statute of limitations exists for many types of cases, making it mandatory to file a lawsuit within a certain amount of time following an accident. The sooner you consult an attorney, the better. At Hagen Rosskopf LLC, we know that victims need to devote their energies to healing after an accident. Once you’ve hired us as your legal counsel, you can leave the worries regarding your legal case to us, so you can focus on getting well.

How quickly can I expect my case to be resolved?

Unfortunately, we can’t provide timelines for any case. Although we work swiftly to gather evidence and prepare your case, progress often is delayed by the defense. You can rely on us to keep you informed about your case along the way and be assured that any inquiries you make to our office will be met with a timely response.

The insurance company for the person or business responsible for my injuries is demanding that I sign a medical release form. What should I do?

Do not sign anything for an insurance company until you speak with an attorney at our law office.

Do I have the right to decline a settlement offer?

Yes. We will provide our professional insight, opinion and guidance regarding any settlement offer you receive, but the decision as to whether to accept the offer or go to court ultimately is up to you. We will passionately defend your rights to compensation, whatever you choose to do.

A drunk driver has caused me or a family member harm. Can I sue the person who sold or gave alcohol to the driver prior to the accident?

In Georgia, it is possible to collect damages from an establishment or individual that has sold or provided alcohol to a driver who is underage or noticeably intoxicated. Contact us to discuss your claim.

Does each person injured in a car accident caused by a careless driver have the right to file a personal injury claim?

Yes. Personal injury claims may be filed by anyone injured in an accident caused by a careless driver – whether they were in another vehicle or in the same vehicle with the at-fault driver.

Wrongful Death FAQs

How do I know if I have a wrongful death case?

If a family member has died as a result of a crime, from criminal or other negligence, or from the property which has been defectively manufactured, whether or not as the result of negligence, there is potentially a wrongful death case.

Who has the right to bring a wrongful death case?

The Georgia wrongful death statute specifies that the order of priority runs from the spouse, to children, to parents.   If there are no immediate family members, the administrator of the decedent’s estate may bring a wrongful death case.

What determines compensation in a wrongful death case?

The Georgia wrongful death statute specifies that the measure of damages in a wrongful death case is “the full value of the life of the decedent without deducting any of the necessary or personal expenses of the decedent had he lived.”

Aside from wrongful death, are there any other claims that may be brought when someone dies due to the negligence or carelessness of others?

Separate from any wrongful death claim, the decedent’s estate may bring a claim for medical bills, lost wages and benefits, funeral and burial costs, and pain and suffering the decedent endured before death.  If the decedent was married, the spouse may bring a claim for the loss of care and companionship.

Can a wrongful death case be filed when the deceased is a child?

Yes.

Can a wrongful death case be filed when the deceased is an unborn child?

Under Georgia law, parents may sue for the wrongful death of an unborn child if the fetus reached the point of “quickening”.   Determined on a case-by-case basis, various Georgia courts have held that “quickening” occurs sometime between the 10th week and the fourth month of pregnancy. “Quickening” includes any movement by the fetus, although it has to be movement felt by the mother in her womb.

Do I have the right to decline a settlement offer?

Yes. We will provide our professional insight, opinion and guidance regarding any settlement offer you receive, but the decision as to whether to accept the offer or go to court ultimately is up to you. We will passionately defend your rights to compensation, whatever you choose to do.

Other FAQs

Can I file a personal injury or wrongful death lawsuit against someone who is in jail?

Absolutely. Oftentimes, persons who have been convicted in a criminal trial also are taken to civil court by those seeking compensation for the injuries the criminal misconduct has caused.

A drunk driver has caused me or a family member harm. Can I sue the person who sold or gave alcohol to the driver prior to the accident?

In Georgia, it is possible to collect damages from an establishment or individual that has sold or provided alcohol to a driver who is underage or noticeably intoxicated. Contact us to discuss your claim.

I was injured by what I think was a defective product or service. I was offered compensation from the provider of the product or service. Should I take it?

If you think that the injury resulting from what you believe to be a defective product is or could be significant now or in the future, do not take any form of compensation or sign anything from the product or service provider until you consult an attorney.

Should I install cameras on my car or my bicycle?

Yes. A camera can capture an image of a license plate in a hit and run case or video footage of how an accident happened providing you with clear evidence of someone else’s negligence eliminating disputes with the insurance company. We recommend front and back cameras, especially for bicyclists.

I was hit by an e-scooter while I was walking and was injured. Do I have a case against the e-scooter rider?

If you’ve been injured through the fault of someone else’s carelessness or neglect, the chances are likely that you have a personal injury case.

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