Kennesaw Personal Injury Law Firm

Accidents can happen in an instant, leaving victims with life-changing injuries and significant financial burdens. In Kennesaw, dealing with the aftermath of a personal injury can be overwhelming, especially when you’re facing medical treatments, insurance claims, and legal complexities. As a Kennesaw personal injury lawyer, Horst Shewmaker is dedicated to helping you secure the compensation you deserve, understanding the challenges you face during this difficult time.

Common Types of Personal Injury Cases We Handle

Personal injury cases cover a broad range of situations, each presenting its own set of challenges. At Horst Shewmaker, we have extensive experience representing clients in various types of personal injury cases, including:

• Car Accidents: Car accidents can occur suddenly, often due to distracted driving, speeding, or impaired drivers. These incidents can result in serious injuries that disrupt your life. We are committed to helping victims secure compensation for medical expenses, lost wages, and emotional distress.
• Truck Accidents: Accidents involving commercial trucks can be devastating due to the sheer size and weight of these vehicles. The aftermath often involves severe injuries and complex legal battles with multiple parties, including trucking companies and insurers. Our firm is well-versed in navigating these complexities to achieve favorable outcomes for our clients.
• Motorcycle Accidents: Motorcyclists are particularly vulnerable on the road, and accidents can result in life-altering injuries. We understand the unique risks motorcyclists face and are dedicated to ensuring they receive the compensation they deserve.
• Slip and Fall Injuries: Property owners have a responsibility to keep their premises safe. When they neglect this duty, serious slip and fall injuries can occur. We work tirelessly to hold negligent property owners accountable and help our clients recover damages for their injuries.
• Bicycle Accidents: Cyclists are often overlooked by motorists, leading to dangerous accidents. We advocate for injured cyclists, helping them navigate the legal process to obtain compensation for medical treatment and other losses.
• Pedestrian Accidents: Pedestrians are at high risk of injury in collisions with vehicles. We are committed to protecting the rights of pedestrians and securing compensation for their injuries and losses.
• Dog Bites: Dog attacks can cause significant physical and emotional trauma. We assist victims in holding dog owners accountable for their pet’s actions, ensuring they receive fair compensation for their suffering.
• Brain Injuries: Traumatic brain injuries can have profound and lasting effects on a person’s life. Our firm understands the complexities of these cases and works to secure compensation that reflects the full extent of the injury’s impact.
• Spinal Injuries: Spinal injuries can lead to long-term or permanent disabilities, requiring extensive medical care. We fight to obtain the compensation needed to cover ongoing treatment and improve the quality of life for our clients.
• Uber and Lyft Accidents: Rideshare accidents can involve multiple parties and insurance policies, making these cases particularly complex. We are experienced in handling Uber and Lyft accident claims, ensuring our clients’ rights are protected.
• Wrongful Death: Losing a loved one due to another’s negligence is an unimaginable tragedy. While no amount of compensation can replace a life, we help families seek justice and financial support to cover funeral expenses, lost income, and other related costs.

At Horst Shewmaker, we understand the importance of guiding our clients through the legal process with compassion and expertise, ensuring they receive the justice and compensation they deserve.

What to Do After a Personal Injury in Kennesaw

The moments following an accident can be chaotic and confusing, but the actions you take can significantly impact the outcome of your personal injury claim. Dealing with an insurance company can be particularly challenging, as they often employ tactics to minimize payouts and pressure victims into quick settlements. Here are the steps you should take:

1. Seek Medical Attention

Even if your injuries seem minor, it’s essential to see a doctor as soon as possible. Some injuries may not be immediately apparent, and a medical professional can document your condition, which is crucial for your claim.

2. Document the Incident

Gather as much information as possible about the accident. This includes taking photos of the scene, your injuries, and any property damage. If there are witnesses, collect their contact information, as their statements may be valuable in building your case.

3. Report the Accident

Depending on the nature of the incident, you may need to report it to the appropriate authorities. For example, car accidents should be reported to the police, while workplace injuries should be reported to your employer.

4. Consult a Personal Injury Attorney

Before speaking to insurance companies or accepting any settlement offers, consult with an experienced personal injury lawyer at Horst Shewmaker. We can provide the guidance you need to protect your rights and ensure you receive fair compensation.

Understanding Personal Injury Claims

A personal injury claim is a legal process through which an injured party seeks financial compensation for damages caused by another party’s negligence. These damages may include:

Medical Expenses: This includes all costs related to medical treatment, such as hospital bills, surgery, rehabilitation, and ongoing care. Medical expenses often represent the largest portion of a claim, covering immediate needs as well as long-term care if necessary.

Lost Wages: If your injury prevents you from working, you may be entitled to compensation for lost income. This can also include loss of future earning capacity if you are unable to return to your previous job. For those with permanent or long-lasting injuries, compensation for diminished earning potential is crucial to maintaining financial stability.

Pain and Suffering: In addition to economic damages, you may also be entitled to compensation for non-economic damages, such as physical pain, emotional distress, and loss of enjoyment of life. These damages recognize the personal impact of an injury that goes beyond financial loss, addressing the emotional and psychological toll.

Property Damage: If your property was damaged in the incident, you could be compensated for the cost of repairs or replacement. Whether it’s a vehicle in a car accident or personal belongings damaged in a fall, property damage claims help restore what was lost due to the accident.

How Fault is Determined in Personal Injury Claims

In Georgia, the determination of fault in personal injury claims follows a modified comparative negligence rule. This rule impacts how compensation is allocated when multiple parties are involved in an accident. Here’s how it works:

Comparative Negligence Rule

Georgia’s comparative negligence rule allows you to recover damages even if you are partially at fault for the accident. However, the amount of compensation you can receive will be reduced in proportion to your degree of fault. For example, if you are found to be 30% at fault, your compensation will be reduced by 30%.

Determining Fault

To establish fault, it is essential to demonstrate that the other party was negligent and that their negligence directly caused your injuries. This involves:

• Gathering Evidence: Collecting evidence such as accident reports, medical records, and witness testimonies helps in establishing who was at fault.
• Proving Negligence: You must prove that the other party breached their duty of care and that this breach led to your injuries. Evidence of this might include traffic camera footage, expert witness statements, or forensic analysis.
• Assessing Degree of Fault: Fault is assessed based on the extent to which each party’s actions contributed to the accident. This is often determined through negotiations or, if necessary, through a court trial.

Impact on Compensation

Your compensation will be adjusted based on your percentage of fault. If you are found to be more than 50% at fault, you will be barred from recovering any damages. If you are less than 50% at fault, you can still recover damages, but your recovery will be reduced according to your level of fault.

Having an experienced personal injury attorney from Horst Shewmaker can make a significant difference in how fault is assessed and how compensation is maximized. We are dedicated to ensuring that your case is handled with the utmost care and attention to detail, advocating for your rights every step of the way.

What to Expect During the Legal Process

Navigating a personal injury claim can be complex, but understanding what to expect can help you feel more prepared. Here’s an overview of the legal process:

1. Initial Consultation

The first step is to schedule a consultation with Horst Shewmaker. During this meeting, we will review the details of your case, discuss your options, and determine the best course of action. This consultation is free of charge and provides an opportunity to address any questions or concerns you may have.

2. Investigation and Evidence Collection

Once you decide to proceed, we will conduct a thorough investigation into the circumstances of your injury. This involves collecting evidence such as medical records, accident reports, and witness statements. Our goal is to build a strong case to support your claim and establish liability.

3. Negotiation with Insurance Companies

We will handle all communications with insurance companies on your behalf. Insurance adjusters may offer a settlement that is lower than what you deserve, but our team will negotiate to ensure you receive a fair offer that covers all your damages.

4. Filing a Lawsuit

If a fair settlement cannot be reached through negotiation, we may file a lawsuit to pursue your claim in court. This step involves preparing legal documents, presenting evidence, and representing you during trial.

5. Resolution and Settlement

Most personal injury cases are resolved through settlement before going to trial. If a settlement is reached, you will receive compensation for your injuries and losses. If the case goes to trial, a judge or jury will decide the outcome based on the evidence presented.

FAQs About Personal Injury Claims

To help you better understand the personal injury process, here are answers to some frequently asked questions:

What should I do if I am offered a settlement?

It’s important to consult with a personal injury lawyer before accepting any settlement offer. An attorney can assess whether the offer is fair and whether it adequately covers your damages and future needs.

How long do I have to file a personal injury claim?

In Georgia, the statute of limitations for personal injury claims is typically two years from the date of the injury. It’s important to file your claim within this time frame to ensure you have the opportunity to seek compensation.

Will I have to go to court?

Not all personal injury cases go to court. Many are resolved through settlement negotiations. However, if a fair settlement cannot be reached, your case may proceed to trial, where a judge or jury will make a final decision.

How much will it cost to hire a personal injury lawyer?

Horst Shewmaker operates on a contingency fee basis, meaning you don’t pay any attorney fees unless we win your case. Our fees are typically a percentage of the compensation you receive, ensuring that we are motivated to achieve the best possible outcome for you.

Contact Us Today

If you’re ready to take the next step, contact Horst Shewmaker today for a free, no-obligation consultation. We are here to provide the legal support you need and help you navigate the challenges of a personal injury claim. Call us at (770) 961-5557 or fill out our online contact form to get started.

Don’t wait—take action now to protect your rights and seek the compensation you deserve. Let Horst Shewmaker fight for you and help you on the path to recovery.