Frequently Asked Questions About Pedestrian Accidents in Atlanta

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Frequently Asked Questions About Pedestrian Accidents in Atlanta

As Atlanta's trusted advocates for pedestrian safety and justice, Broughton Accident & Injury Lawyers understand the complexities and challenges you face after being involved in a pedestrian accident. Our commitment is to guide you through these difficult times and help you understand your legal options.

If you've been injured in a pedestrian accident, reach out to us at (404) 842-7700. We're here to stand by your side, offering expert legal advice and unwavering support.

Why Should I Choose Broughton Accident & Injury Lawyers After a Pedestrian Accident?

Being hit as a pedestrian can turn your world upside down. Suddenly, you might find yourself facing painful injuries, mounting medical bills, and a confusing tangle of legal issues. It's not just about recovering physically; it's about ensuring you're not financially overwhelmed. This is why choosing the right legal team, like Broughton Accident & Injury Lawyers, becomes crucial.

Here's what sets us apart:

Experienced Advocates by Your Side

At Broughton Accident & Injury Lawyers, we're not just any legal team. Our experience, specifically in pedestrian accidents, means we understand the intricacies and challenges of these cases. We know how to navigate the legal system and the tricks insurance companies might use to minimize your compensation.

Personalized Attention

We believe every case is unique. We listen to your story, understand your individual situation, and then tailor a strategy that suits your specific needs. You're not just another case number to us; you're a person who needs help, and we're here to provide it.

Aggressive Representation of Your Rights

Dealing with insurance companies can be daunting. They have their tactics to reduce what they pay out. We're familiar with these strategies, and we don't back down. Our lawyers are ready to fight tooth and nail to make sure your rights are protected, and you get the compensation you deserve.

Support Beyond the Courtroom

Recovering from an accident involves more than just legal battles. It's about getting your life back on track. We're here to guide you through every step, from negotiating medical bills to dealing with lost wages, so you can focus on what's most important - your recovery.

Proven Track Record

Our history of successful outcomes speaks for itself. We've helped countless individuals in Atlanta navigate the aftermath of pedestrian accidents. Our expertise and dedication mean we're equipped to achieve the best possible results for you.

No Fee Unless We Win

We believe in providing exceptional legal services without adding to your financial strain. That's why we work on a contingency fee basis. You won't owe us anything unless we win your case. It's that simple.

Immediate and Direct Communication

When you call us at (404) 842-7700, you'll get direct access to our knowledgeable team. We're here to answer your questions, provide legal advice, and start working on your case right away.

Community Trust

As a firm deeply rooted in the Atlanta community, we're committed not just to our clients but to the betterment of our neighborhoods. Trust, care, and integrity are the cornerstones of our practice.

What Are My Rights If I'm Hit by a Car in Atlanta?

Being struck by a vehicle in Atlanta can be a life-altering event, and understanding your rights is crucial. At Broughton Accident & Injury Lawyers, we are committed to helping pedestrian accident victims like you navigate the complex aftermath with ease and confidence.

When you're injured due to someone else's carelessness, you're legally entitled to seek compensation. This compensation is not just about covering your immediate expenses; it's about ensuring your long-term well-being. Here's a closer look at what your claim can include:

Medical Bills and Future Health Care

This includes all medical treatments you've received due to the accident and estimated costs for any future medical needs resulting from your injuries. Whether it's a one-time hospital visit or ongoing rehabilitation, these costs should not be your burden to bear.

Lost Wages and Earning Capacity

If your injuries keep you from work, you're entitled to recover the wages you've lost during this period. Furthermore, if your injuries impact your ability to earn in the future, compensation can include the loss of earning capacity.

Pain and Suffering

Compensation for pain and suffering addresses the physical pain and emotional trauma caused by the accident. This aspect of a claim acknowledges that not all injuries are visible or can be quantified by bills and receipts.

Modifications for Disabilities

In cases where injuries lead to permanent disabilities, you may need modifications to your home or vehicle to accommodate your new lifestyle. These necessary changes could be included in your compensation.

Emotional Distress

The psychological impact following a pedestrian accident can be profound. Compensation for emotional distress is designed to acknowledge and address these often invisible wounds.

Punitive Damages

In situations where the at-fault driver's actions were particularly reckless or irresponsible, such as in drunk driving incidents, we can pursue punitive damages. These are intended to punish the wrongdoer and discourage similar negligence in the future.

Proving Negligence

To secure these entitlements, we must establish that the driver who hit you was negligent. Negligence in legal terms means that the driver failed in their duty to operate their vehicle safely and responsibly. Proving negligence could involve showing that the driver was distracted, speeding, driving under the influence, or otherwise not adhering to traffic laws and safety norms.

At Broughton Accident & Injury Lawyers, we understand that the aftermath of a pedestrian accident can be overwhelming. Our role is to take on the legal challenges and advocate for your rights, allowing you to focus on your recovery. From collecting evidence of negligence to negotiating with insurance companies, we stand by your side every step of the way.

How Will My Medical Bills Get Paid?

Typically, the driver's insurance won't cover your medical bills until your treatment concludes. If you have health insurance, use it initially. After winning your case, your health insurance provider might be reimbursed through a process called subrogation. If you don't have health insurance, don't worry. We can help arrange treatment through an attorney's lien, where healthcare providers agree to wait for payment until we secure your settlement.

Do I Need to Talk to the Driver's Insurance Company?

No, you don't. Speaking directly to an insurance company can be risky; they might use your words against you. Let us handle the communication. We'll let the insurance company know you have solid legal representation, and from that point, we manage all negotiations on your behalf.

Should I Accept the Insurance Company's Settlement Offer?

Always consult with us before agreeing to any settlement. Early offers might seem tempting but can often fall short of covering the full extent of your needs and losses. Accepting such an offer too soon can leave you without options for additional compensation. Let our experience guide you to a fair resolution.

Crossing the Street in Atlanta: What Are the Rules?

Legally, you can cross Atlanta's streets outside of crosswalks, but it's crucial to yield to oncoming traffic. If you're already safely on the road, drivers must yield to you. But remember, if traffic lights control the intersection on either side of where you're crossing, it's illegal to cross in between. Even if you're hit while crossing outside of a crosswalk, the driver may still be liable if they could've avoided the accident.

What If I'm Blamed for the Accident?

Atlanta's laws recognize shared fault. If you were partially responsible for the accident, but the driver was more at fault, you could still recover damages. However, your compensation might be reduced by your percentage of fault as long as it's under 50%.

Must Drivers Always Stop for Pedestrians?

Yes, drivers in Atlanta must stop for pedestrians in a crosswalk if the pedestrian is on the same side of the road or approaching closely. This rule is crucial for pedestrian safety and is strictly enforced.

How Can I Prove the Driver Was Texting?

Proving driver negligence, like texting, is a task we handle for you. Through witness statements and subpoenaing phone records, we can build a strong case showing the driver's distraction and negligence.

Why Should I Hire a Lawyer If the Accident Was Clearly the Driver's Fault?

Even when a driver is cited, establishing firm liability isn't always straightforward. Defendants often dispute fault, and insurance companies scrutinize claims, especially when pre-existing conditions or prior treatments are involved. Our experience shows that clients with legal representation typically secure much better compensation, even after accounting for legal fees.

What If the Driver Is Uninsured or Underinsured?

If you're hit by an uninsured or underinsured driver, you might still have options. Your own insurance, or that of a resident relative, may provide coverage under uninsured/underinsured motorist policies. It's critical to report the accident to the police and your insurer promptly.

When Do I Need to File a Lawsuit?

In Atlanta, the statute of limitations for pedestrian accident lawsuits is generally two years from the accident date. However, this can vary, especially if criminal charges are involved or if the claim is against a public agency. For minors, the timeline extends until their 20th birthday.

Reach Out to an Atlanta Pedestrian Accident Attorney Today

At Broughton Accident & Injury Lawyers, we're committed to delivering justice and securing the compensation you deserve. With our depth of experience in pedestrian accident law and our dedication to your case, we ensure your voice is heard. If you or a loved one has been involved in a pedestrian accident in Atlanta, don't hesitate to contact us at (404) 842-7700. We're here to help you navigate the legal process and fight for your rights.

What is a Wrongful Death Lawsuit in Georgia?

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What is a Wrongful Death Lawsuit in Georgia? 

Over 200,000 people die from unintentional injuries annually. Many of these are wrongful death cases caused by someone’s negligence or carelessness. The most common situations people associate with wrongful death are accidents and medical malpractice. 

If you’re the loved one of someone who passed away and believe you have a wrongful death case, Broughton Law wants to help. Call our office at 404-842-7700 to request a free consultation. 

However, some of you are probably wondering, “what is a wrongful death lawsuit?” We’ve outlined the specifics for you below so you can better understand wrongful death cases and situations. Keep reading to learn more! 

What Does Wrongful Death Mean? 

Wrongful death is a legal term. It is used to describe a death caused by someone’s negligence or a deliberate act. Some examples of wrongful death cases include the following: 

What Is a Wrongful Death Lawsuit? 

When someone’s negligence or deliberate actions cause the death of someone, that person’s relatives may be able to file a wrongful death lawsuit. This is when the family members sue the responsible person and get compensation for the wrongful death of their loved one. 

Who Can File a Wrongful Death Claim? 

Depending on the victim’s marital status, there are a few options for who can file a wrongful death claim. The most common people are the spouse, children, parents, or estate. Read more about each below: 

Spouse and Children 

If the victim is married at the time of the wrongful death, their spouse is able to file a claim. If the spouse will not file the claim, or are to blame for the death, then the victim’s children can do so. If the victim is unmarried at the time of the wrongful death, their children can file a claim. 


If the victim did not have a spouse or children, then their parents can file the wrongful death claim. No matter the marital status of the parents, both have equal rights to the claim and either can file it. 


The victim’s estate can file an independent wrongful death claim to recover compensation for pain, suffering, funeral costs, and medical expenses. Estate claims are an additional means of recovery outside of loved one’s claims. 

What Is an Estate Claim? 

An estate claim is an independent claim to recover compensation for the victim’s last moments, final costs, and related medical bills. For example, let’s say someone was about to be hit head-on by a semi-truck. Those final moments were likely full of terror and panic as they realized they were about to die. The pain and suffering from those moments can be filed in the estate claim. 

How Long Do You Have to File a Wrongful Death Claim in Georgia? 

In Georgia, the typical statute of limitations for a wrongful death claim is two years. However, that time can be lengthened to up to six years or shortened depending on the situation. An example of a lengthened statute is when the person died from a crime. An example of a shortened statute is when the government is the reason behind the wrongful death. 

How Long Does a Wrongful Death Lawsuit Take in Georgia? 

There are many factors involved in the length of a wrongful death lawsuit. These factors involve the family members, the defendant being sued, and insurance limitations. A skilled wrongful death lawyer can help you determine the process and possible limitations. 

Broughton Law wants to help you with your wrongful death case. Contact us today to request a free consultation

Wrongful Death FAQs

Many of our clients and prospects have common questions about wrongful death cases in Georgia. Read those questions and the related answers below: 

Who Gets the Money in a Wrongful Death Lawsuit? 

Each case is unique, so we can’t answer this question without more information. For example, if a victim is married with children, the compensation would be divided between the family members. 

To learn more about how compensation is distributed, we recommend you speak to a wrongful death attorney about your situation. Contact our office at 404-842-7700 to request a free consultation. 

How Much Is a Wrongful Death Claim Worth in Georgia? 

Each wrongful death claim has unique specifications, making this an impossible question to answer. An attorney would need to know the details of the situation before they could estimate the amount of a claim.

The team at Broughton Law understands how stressful this type of situation is. We offer free initial consultations to help families understand how wrongful death claims work and their legal rights. We encourage you to schedule your consultation today to gain more legal insight. 

What Is the Difference Between an Estate and a Wrongful Death Claim? 

A wrongful death claim is a lawsuit brought by the family of the deceased. It is to recoup compensation and/or punitive damages for the loss of their loved one’s life. A wrongful death claim can include tangible and intangible values. 

Tangible value includes salary lost or other contributions to a household. Intangible value is the loss of that person in someone’s life, for example the loss felt by their loved ones. 

An estate claim is a lawsuit brought by the deceased’s estate to seek compensation for the medical expenses related to the death and other costs, such as funeral expenses. An estate claim can also include damages for the pain and suffering someone faced in their final moments. 

The claims are separate and both can be filed. 

What If the Family Members Can’t Agree on a Wrongful Death Claim? 

It is best if the family all agrees on the lawsuit and works together to file it. However, sometimes that is impossible. In these situations, the courts will determine which suit goes through or may combine several into one. 

If you are struggling with getting family members on board for a wrongful death claim, we suggest you speak to an attorney about your situation before proceeding. Attorneys help their clients to understand their legal options and possible ramifications. Broughton Law would like to help you with your case, please call 404-842-7700 to request a free initial consultation today. 

How Much Does a Wrongful Death Lawyer Cost? 

In the state of Georgia, personal injury attorneys are not paid unless they win the case. There are no upfront costs to hire a wrongful death lawyer. When the verdict is finalized, the attorneys take a portion of the compensation awarded as their payment. 

At Broughton Law, we work hard to seek the justice and compensation you deserve for the wrongful death of your family member. We offer compassionate services to our clients, but fight aggressively for them in the courtroom. We want to help you with your wrongful death claim, click here to schedule a free consultation. 

Why Broughton Law for Wrongful Death Claims in Georgia? 

Hiring Broughton Law for a wrongful death claim reaps many benefits for clients. Not only is our team well-versed in wrongful death cases, but we have more than 35 years of combined experience. Our dedication to outstanding client service sets us apart from other law firms. Read more about the advantages of working with us below: 

Top-Rated Law Firm 

Broughton Law has numerous five-star reviews on Avvo and Google. We also earned recognition as a Top 100 Super Lawyer. Our team is proud of our contributions to the legal field and strive to provide excellent experiences for each client. 

Vast Legal Experience

The team at Broughton Law has 35+ years of experience, have helped hundreds of clients, and recovered millions in damages. We have a team of highly experienced attorneys able to negotiate and argue with insurance companies to get the compensation and justice our clients deserve.  

Client-Focused Approach 

At Broughton Law, we put our clients first. We aim to provide outstanding, seamless legal experiences for each case. We prioritize our clients’ needs and fight for the justice they deserve. We have won high-value verdicts for our clients, ranging from $500,000 to $5.2 million. 

Schedule a Free Consultation With a Georgia Wrongful Death Attorney

Now that we’ve answered “what is a wrongful death lawsuit” and explained the importance of hiring a wrongful death lawyer, we encourage you to reach out. At Broughton Law, we are well-versed in wrongful death cases. By providing our client-focused approach, we have helped hundreds of clients win successful verdicts. 

We want to help you during this difficult time. Our office offers free consultations to discuss the wrongful death claim and available legal options. Contact us today to schedule your free appointment.