Atlanta Criminal Defense Lawyers > Atlanta Personal Injury Lawyer

Atlanta Personal Injury Lawyer

Over 500,000 people make their home in Atlanta, Georgia,. Thousands of Fulton County residents travel I-85 every day as they commute to and from Atlanta, sharing the interstate with 80,000-pound tractor-trailers ferrying cargo from Alabama to Virginia and across the country. Despite safer vehicles and tougher distracted driving laws, traffic accidents continue to be a leading cause of serious injury and death in the area. On average, over 60 people lose their lives every year in Atlanta-area traffic crashes, and hundreds more suffer serious injury. About 100 car, truck and motorcycle accidents happen every day in the county.

The Atlanta personal injury lawyers at The Spizman Firm help car accident and other personal injury victims get medical care and compensation for their injuries by holding the responsible party accountable for the damage they have caused through their negligence or misconduct. We use our skills as trial lawyers to build and present a solid case that proves the other party’s negligence and liability for all the harm they inflicted, including compensation for medical bills, lost income, and pain and suffering. In most cases, we are able to resolve our cases outside of court, but when going to trial is in our clients’ best interests, we have the skills, experience, dedication and resources needed to get the job done. Our goal is to get the best result we can for our clients in or out of court; we fight for you and don’t sell you short.

Common Atlanta Personal Injury Cases

Call The Spizman Firm for a free consultation regarding any personal injury matter in Atlanta. Our firm takes on a wide variety of cases, including:

Motor Vehicle Accidents – car, truck and motorcycle crashes, pedestrian and bicycle accidents, electric scooter accidents, Uber/Lyft rideshare accidents

Premises Liability – slip and fall, trip and fall, assaults/negligent security, swimming pool drowning, playground accidents, hit by falling objects

Nursing Home Negligence – abuse and neglect, medication errors, nursing mistakes

Medical Malpractice – surgical errors, misdiagnosis, missed or delayed diagnosis, anesthesia errors, birth injuries

Catastrophic Injuries – traumatic brain injury, spinal cord injury, amputation injuries, burn injuries

Soft Tissue Injuries – whiplash, broken bones, muscle tears, strains and sprains

Wrongful Death

If you or a loved one has suffered a serious personal injury in Fulton County because of the negligence of another, call 770-685-6400 any time to speak with a live person and get in touch with our firm.

What Are the Distracted Driving Laws in Georgia?

Distracted driving refers to any activity that pulls the driver’s attention away from the task of driving. People engage in all types of distracting behaviors while driving: they eat, put on makeup, read, change clothes, and shave. Even fiddling with the radio or conversing with passengers can be a dangerous distraction if the driver gets too involved and forgets to watch the road. Safety researchers put distracted driving behaviors into three different groups – visual, manual and cognitive distractions. Cognitive distractions are often the worst because it takes the driver several minutes to return focus to the road after the distraction has passed. To make matters worse, many activities involve more than one type of distraction, making them especially dangerous. Even just taking your eyes off the road for three or four seconds is enough time to travel down the highway equivalent in length to a football field. Distracted driving is one of the most dangerous driving behaviors that most often results in Fulton County traffic accidents, along with speeding, driving drunk, following too close, and other negligent or reckless actions.

Georgia has taken aim at what many people consider to be the most common driving distraction – texting while driving. Georgia prohibits texting while driving, emailing, or engaging with any social media app or the internet while driving, except when voice to text is being used. This law is subject to primary enforcement, meaning the Georgia State Patrol doesn’t need any other reason to pull you over before citing you for texting while driving.

Also, Georgia has been hands-free regarding cell phones since July of 2018. Drivers can talk on their phones while driving, but their phone can’t be in their hand or even touching their body while talking and driving. Drivers cannot watch any videos on their devices other than GPS or navigation. Drivers can’t legally stream music videos on their devices even if they are only listening to the music and not watching the video. If streaming music only, drivers still must not touch their phones while on the road.

If you get in a crash caused by a negligent driver, our experienced trial lawyers know how to investigate the accident, collect and preserve evidence, and prove that the other driver was engaged in dangerous behavior such as texting while driving. Despite the saying, “accidents happen,” traffic crashes don’t just happen unless someone is at fault. When you get hurt because another driver’s negligence caused the crash, The Spizman Firm can help you get the medical care and compensation you need and deserve.

Atlanta Personal Injury FAQs

Do I really have to stay off social media until my injury case is resolved?

The short answer is yes as much as possible. You should avoid posting on social media until your injury claim is settled or otherwise resolved. To you, social media is a fun way to stay in touch with family and friends. To the insurance company, social media is an easy way to gather information to use against you. The claims adjusters goal is to settle your claim for as little as possible. The adjuster may type your name into Facebook or Instagram and find information that can be used to justify a lower settlement offer. For example photos of your weekend fun, photos of you working around your house, or enjoying your last vacation, can all be used to show that you are not injured. Now that you understand the problem of social media, let’s talk about what you should do to avoid. It. Most people can’t quit cold turkey. That’s not a realistic option. Instead, here are four simple things you can do starting today to help protect your personal injury claim:

Set all your social media accounts to the highest privacy setting and carefully monitor access. Don’t accept friend or follow requests from anyone you don’t know personally.
Before you post, ask yourself. Is there any way this photo, this tweet, like, share etc. could be misinterpreted and used against me. If the answer is yes, don’t put it out there. One of the insurance company lawyers found several Tiktoks of our client doing dance moves in front of his cell phone that did not help with this case.
Ask your friends and family not to post pictures of you or tag you in any social media posts. Because it just raises questions, which makes your claim more difficult
Don’t post anything about your insurance claim, your accident, or your injuries on any social media platform period.

Finally, one note of caution. Do not delete your social media accounts or create new accounts under different usernames. Your deception will be uncovered and your credibility destroyed.

What are the Do’s and Don’ts following an auto accident?

The most important thing you can do after an accident is to hire an attorney, but here are six other steps to make your attorney’s job easier.

Under no circumstance should you say you are at fault. The question of fault involves the rendering of illegal opinion and is a question for a lawyer or perhaps ultimately for a jury to determine. You are not required or even qualified to render such an opinion, so don’t give one.
Take photos as soon as possible, but don’t share them on social media. Everything you say can be used against you. Get pictures of the damage to your car, to the other person’s car, as well as the driver. It is not unheard of for a driver who has been in an accident to say I was nowhere near that location that day, particularly when the other driver was clearly at fault. Get pictures of the broader area too, this will be invaluable to explaining the scene and how the accident occurred. Take pictures of anything that seems relevant, skid marks, wreckage, the whole works.
Write down everything while it is fresh, and don’t leave out the details, the more details the better. This could be things you notice about the scene whether or not they seem relevant at the time, such as the name of the other driver, any passengers in his or her car, license numbers, names of witnesses and investigators. Most importantly, how did you feel and detail any pain or injury. Describe what happened to your body upon impact, write down what anyone else may have said to you as close to verbatim as possible. Give this to your lawyer at your first meeting, they will find it helpful.
Get copies of everything – police reports, medical records, medical bills, prescriptions, expenses, lost wages, car rental expenses, etc.
Get treatment as quickly as possible, don’t delay treatment, even if it seems like you are not that injured. Most importantly, get immediate treatment for your injuries. Any failure to seek immediate treatment will be viewed as evidence that you were not really injured. In addition to an emergency room visit, be sure to follow up with your primary care physician as soon as you are able. Some injuries, such as fractures, may have been missed by the emergency room staff. Some injuries such as shoulder injuries caused by seat belt, may not even show up until some time has passed.
Be patient. Your attorney will likely try to resolve your case with the other driver’s insurance company before going through the expense and trouble of a lawsuit. Be aware that either way it takes time. Settling with an insurance carrier always seems to take longer than it should. If your claim seems to be taking too long and it likely will seem that way, know that your lawyer wants your case to settle too. We’re all doing our best to get your case resolved as quickly as possible.
Contact a lawyer as soon as possible. Don’t try and deal with this on your own. If you’ve been injured, do not try and deal with the other parties insurance company by yourself. The worse your injury is, the more important this advice is, you will be dealing with an expert in negotiating claims. The claims adjusters job is to emphasize your own fault for the accident, and to minimize the fault of their own insured. The claims adjuster will try to minimize the degree to which you’ve been injured, and try to pay you as little as they can get away with to resolve your claim. Remember, retaining a lawyer will likely cost you little or nothing, most injury lawyers work on a contingent fee basis, that is they receive a percentage of what they recover on your case. Your lawyer is an expert at evaluating and negotiating claims, leave the work to us.

What is pain and suffering and how do you prove it?

If you’re injured due to the carelessness of another person, you may be entitled to compensation for the harm done to you, the law calls this compensation damages. In addition to your economic losses, your medical expenses, lost wages, and other things, your damages could include compensation for your pain and suffering. What exactly is pain and suffering and more importantly, how do you prove it? Pain and suffering is physical pain and discomfort, and can also include mental suffering and emotional distress. Emotional distress can include fear, humiliation, grief, depression, anxiety, generally anything that’s loss of enjoyment of life. But to prove the extent of your pain can be difficult, because it’s subjective. In a car accident for example, whiplash is fairly common, but whiplash is real and it’s treatable. The problem is that there are no x-rays or other objective evidence, such as broken bones or bruising. Because of this, insurance claims adjusters tend to be skeptical, and may even accuse you of malingering or exaggerating your injuries. You can overcome this hurdle with as much objective evidence as possible, for example with medical records. These are the strongest objective evidence of pain and suffering, emergency medical technician EMT records or emergency room records. Also clinical records from your visits with your doctor, including the notes paid by doctors and nurses, any imaging studies, any mental health treatment records, and of course any medication records. Also if there are photos or videos, whether from the accident itself or documenting the extent of your injuries, those things can be very helpful when making your claim. Finally, any eyewitness testimony to the accident or perhaps persons close to you who can testify about their observations of your pain and suffering.

How do I prove to the claims adjuster the full extent of my pain and suffering?

Because pain and suffering are subjective, insurance companies tend to be both skeptical and stingy when it comes to valuing these claims. Here are some practical steps you can take to prove the full extent of your pain and suffering, and improve your chances of getting a fair settlement.

Seek regular and consistent medical treatment, this creates an objective record of your injuries and your recovery. Without a record of treatment, the claims adjustor will wonder why you didn’t see a doctor and how much pain and suffering were you really enduring.
Be open and honest with your doctors, don’t suffer in silence. If it’s not documented, the adjuster will wonder if the pain wasn’t bothering you enough to mention it to your doctor. Why should you be compensated for it?
Don’t shy away from mental health care, mental and emotional injuries require treatment just like physical injuries. A record of treatment will give you added credence to your claim of pain and suffering
number four. Keep a pain Journal, a pain Journal is written proof of pain and suffering over an extended period of time. For the greatest benefit, follow these guidelines: Be diligent, be honest, be specific in describing your pain and other symptoms.
Ask a family member to keep a journal, ask a family member to write down his or her observations of your pain and suffering. You may not be aware of changes in your behavior or the impact of your pain and suffering. A family members journal will support and complement your pain journal.
Chronicle your life in photos, photos provide evidence of the severity of your injuries long after they have healed. Photos will also show evidence of how difficult your treatment and recovery is or was. A day in the life video can be persuasive evidence of pain and suffering. Caution, do not share these photos or videos on social media.
Let us help, insurance claims adjusters are well trained, savvy negotiators who will try to take advantage of your inexperience in these matters. Having a personal injury attorney on your side levels the playing field if the adjuster will not make a fair offer or negotiations have stalled.

How do I pay my medical bills?

Many of our clients ask us how will their medical bills be paid. If you have no health insurance and are unable to pay your bills as they are incurred, many doctors, hospitals, and other medical facilities are willing to wait to receive payment until your personal injury case is resolved. Let your medical providers know early in the process if you have no insurance or ability to pay your medical bills as they are incurred. Many doctors and medical facilities will require you sign a lien form which allows your attorney to pay your medical bills directly from the settlement proceeds. Here are some answers to other medical bill questions that commonly arise

Should I use my health insurance? Yes, some medical providers when learning your injuries will likely result in a personal injury claim, will refuse to bill your health insurer and instead ask you to agree to a lien on any settlement you receive. These providers prefer to charge their full rate against your settlement rather than receive payment at the greatly reduced rate that health insurers have negotiated. They are not acting in your best interests and should be avoided.
Should I negotiate my medical bills on my own? If you don’t have health insurance or you’re insurer is denying coverage, you’re unpaid medical bills will need to be negotiated. Your insurer never pays anywhere close to the asking price, so why should you. You should be able to reduce your bills by 20 to 60 percent depending on the provider. Start by offering to pay 40% of the listed price and say you can pay that sum within 30 days at a minimum. Most medical providers will at least offer monthly payment terms when they learn your suffering financial hardship due to an injury.
How can I prevent my unpaid medical bills from being sold to a debt collector? Many medical providers will sell their old receivables to debt collection agencies. To avoid the harassment, late fees, and collection charges that frequently result, work to set up a payment plan with the doctor or hospital before your bills get much older than 90 days. If you cannot make any payments, your attorney can send a cease and desist letter or offer a letter of protection to prevent your debts from being sold.

How are different types of auto accidents handled?

Many of our clients ask about the different types of auto accidents we handle at our firm. Today, I’ll discuss these accidents and the factors that determine liability. Establishing whether the other driver is responsible for your injuries is the most critical aspect of evaluating a personal injury claim. For most auto accident cases, this involves assessing several key factors:

The extent of damage to the vehicles involved
Statements given by the drivers to the police
The presence of witnesses to the accident
Whether either driver was under the influence of drugs or alcohol
Driving conditions at the time of the collision
Whether both vehicles had functioning headlights, taillights, and turn signals
Possible defenses—such as whether you were speeding, even if the other driver made an improper left turn in front of your car

Now, let’s examine six common types of accidents and additional factors that help determine fault or liability.

1. Rear-End Collisions

Rear-end collisions are the most common type of auto accident. They typically occur when a stopped vehicle is waiting in traffic, turning left or right, or waiting for a light to change. Police reports often assign fault to the moving vehicle, usually for following too closely or inattentiveness. In many cases, the driver of the moving vehicle admits liability at the scene. However, insurance companies sometimes contest liability, citing sudden or unexpected stopping, failure to signal before turning, failure to yield when pulling into traffic, or even mechanical defects like brake failure.

An experienced injury attorney will examine the following factors in rear-end collision cases:

The position of the vehicles
The speed of the other driver
The other driver’s following distance
Whether turn signals were used

2. Intersection Accidents

Proving liability in intersection collisions and failure-to-yield accidents can be challenging due to several factors:

Conflicting statements: Drivers may change their accounts between initial police reports and later statements to insurance companies.
Lack of witnesses: If there are no independent witnesses, the case may come down to the credibility of each driver.
Complex traffic rules: The rules of the road are sometimes difficult to apply when accounts of the accident are inconsistent.
Defensive arguments: Defense attorneys may argue that road markings were confusing or that unclear signage contributed to the accident.

3. Accidents Involving Parked or Disabled Vehicles

Several factors can influence liability in crashes involving parked, stalled, or disabled vehicles:

Reason for stopping: Was the vehicle parked due to a mechanical issue, or was the driver intoxicated and passed out behind the wheel?
Availability of a safer location: Could the driver have pulled over somewhere less hazardous?
Warnings: Were police barricades or cones present to indicate the area was unsafe?
Roadway conditions: Was there an abrupt drop-off between the road and an unpaved area?
Driver negligence: Was the other driver distracted, such as checking their phone?
Traffic violations: Was the moving driver speeding or driving without headlights?

4. Auto vs. Pedestrian Accidents

In pedestrian accidents, the primary liability factor is whether the pedestrian was in a crosswalk when struck. If not, the insurance company may argue a “jaywalking defense,” making it harder to recover compensation.

Additional liability considerations include:

Reason for jaywalking: Was the pedestrian fleeing from a threat or merely being impatient?
Traffic codes: Did the pedestrian disobey walk signals?
Visibility: Was the pedestrian wearing dark clothing at night?
Witness accounts: Were other pedestrians or drivers present to confirm details?
Driver speed and awareness: Was the driver reckless or inattentive?
Weather conditions: Was visibility reduced due to fog or a storm?
Mechanical defects: Did the vehicle have malfunctioning brakes?
Obstructed view: Were low-hanging tree branches blocking the crosswalk?
Driver’s urgency: Was the driver running late for work and driving aggressively?
Victim’s age: In many jurisdictions, young children cannot be deemed negligent.

5. Auto vs. Cyclist Accidents

Cyclists must follow the same traffic laws as motorists, including stopping at signals, yielding at intersections, and using turn signals. Liability factors in these cases include:

Designated riding areas: Was the cyclist in a bike lane?
Reckless riding: Was the cyclist weaving between traffic?
Use of safety equipment: Was the cyclist wearing a helmet and reflective gear?
Police assessment: What did the accident report conclude?
Lighting conditions: Was the area well-lit?
Visibility of clothing: Was the cyclist wearing bright or reflective clothing?
Witness testimony: What did other drivers and bystanders observe?
Extent of injuries: The severity of injuries can also impact liability assessments.

6. Trucking Accidents

Truck accidents often result in severe injuries due to the weight and force of impact. However, these cases frequently encounter legal challenges, such as:

Experienced insurance adjusters: Trucking companies often have aggressive adjusters who push back during settlement negotiations.
Witness bias: People may sympathize with truck drivers over smaller vehicle drivers.
Falsified records: Trucking companies sometimes alter or lose logbooks that could support your case.
Multiple defendants: Liability may be shared between the truck driver, trucking company, cargo loaders, and maintenance teams.
Delayed investigations: Waiting too long to retain an attorney can weaken a case.

Key factors in truck accident cases include:

Excessive speed: Was the truck or another vehicle speeding?
Safety violations: Did the trucking company ignore regulations?
Defective equipment: Were faulty brakes or tires involved?
Visibility issues: Was it difficult to see the truck due to weather or road conditions?
Driver experience: Was an inexperienced driver operating the truck?
Overloaded cargo: Was the truck carrying too much weight?
Improper parking: Did an illegally parked truck contribute to the accident?
Road design: Was a hazardous turn or poorly designed road a factor?

Understanding these factors can help determine liability and strengthen your personal injury claim. If you’ve been in an accident, consulting an experienced attorney can ensure your rights are protected and that you receive the compensation you deserve.

Call The Spizman Firm for Immediate Help With an Atlanta Personal Injury Claim

If you or a member of your family has been hurt in a car accident or other personal injury, call the Atlanta personal injury attorneys at The Spizman Firm for a free case evaluation. We’ll let you know if we think you have a claim and how we can help you get care and compensation to deal with the damage done.

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