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? 

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: 

• A drunk driver killing another driver, passenger, or pedestrian
• Someone dying from receiving the wrong medication by a medical professional
• Someone dying from a botched procedure or surgery 
• A workplace death due to negligent practices or processes 
• A defective product causes fatal injury to the buyer
• A malfunctioning plane crashed and killed those inside 
• A distracted driver hit a motorcycle, cyclist, or pedestrian 
• Death due to nursing home neglect or abuse 

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. 

Family 

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. 

Estate 

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. 

After an accident, you are often faced with paperwork and requests from doctors, law enforcement officers, and insurance companies. You may feel overwhelmed by all the questions regarding your accident, especially if you have not been given the time to understand what happened entirely. As a result, information critical to your accident can be delayed and leave you with questions you cannot answer.

If you have been injured in an accident, you are at your most vulnerable, and you might think that adding a personal injury lawyer to the mix will just complicate matters even more – the truth is quite the opposite. Below is a non-exclusive list of the top reasons you need to hire an experienced personal injury lawyer in Atlanta.

1. Help You Get Medical Attention

When you reach out to a personal injury attorney after your injury, they can help you get the treatment you need. Some attorneys know medical professionals that can give you the necessary treatment required for your injury. Getting the correct treatment can speed up your recovery time. Also, by seeing a medical professional, they can help your case when you go to court.

2. Evaluating Claims

When you hire a personal injury attorney, they have seen many cases just like yours. Personal Injury Attorneys can assess your situation and let you know if you have grounds for legal action. However, if there is a chance that you are unable to win your case, knowledge from an attorney can help you save time and money in pursuing your claim.

3. Pay No Fees if You Don’t Win Your Case

As most people know, attorneys work for a fee. If you do not win your case, you are exempt from paying any attorneys’ fees. However, it is your responsibility to pay for other expenses, such as a doctor’s fee for interviews or reviewing medical records.

4. Knowledge of Legal Procedures

Being faced with thousands of medical terms, loads of paperwork, and legal procedures can become intimidating. With an Injury Attorney, they can filter through the mounds of paperwork to help you with your claim. When talking to an attorney, provide all documents related to your injury. By doing so, you can ensure all aspects of your accident is being looked at.

5. Unclouded Vision

When you are working on your own case, you can experience different emotions such as fear, anger, pain, or frustration. Having these mixed emotions can cloud your judgment which can result in making impulsive decisions. Instead, attorneys have a clear outlook on the probability of your case and if your lawsuit will be successful.

6. Working with Other Attorneys

Attorneys work with other attorneys every day. By hiring a personal injury attorney, they can work closely with the opposing lawyer on fact-finding and in the exchange of documents.

7. Study the Defendant’s Evidence

If your case goes before a judge, typically, the defendant will try to prove that your injury is at fault to you. However, with a personal injury attorney, they will inspect the defendant’s evidence and provide further evidence to support your claim.

8. Work with Insurance Companies

Sometimes dealing with insurance companies, you can get frustrated with the medical terms and different legal terms. However, Injury Attorneys work with insurance companies who are knowledgeable with these tactics and will not fall under pressure and settle for an unsatisfactory settlement.

When contacting an insurance company, you can ensure that your call is being recorded. This means that you take the risk of saying something that could harm your case. Instead, having a personal injury attorney contact insurance companies for you can help avoid these mistakes. Professional injury attorneys know how to talk to insurance companies and what mistakes to avoid that could harm your case.

9. Receive the Best Settlement

Many personal injury cases conclude by a negotiated settlement instead of moving on to a trial. However, your lawyer should not be afraid to trial, as detailed below. By hiring the right personal injury lawyer, their reputation as trial lawyers will provide you with the best leverage to get full value for your case, even if the case is settled through negotiation. At the end of the day, getting a client the maximum amount of money for their injuries should always be the goal of your accident injury lawyer – whether through settlement or trial.

10. Trial Support

If your injury case goes to a trial, an attorney will represent you and fight to get the best verdict. A personal injury lawyer can hire experts to help present your claim in the best light possible, including accident reconstructionists, medical doctors, and economists to present evidence at trial. An attorney works hard on a legal strategy to help you get the compensation you are entitled to for your injuries.

11. Strong Support System

Sometimes, individuals believe that they are too greedy or aggressive if they hire an attorney. That is not the case. Instead, having an attorney on your side can help handle the insurance company, along with having a team of experienced individuals who can look at all aspects of your case.

Just as soon as you report your accident, insurance companies begin working hard to lower their costs. However, having an advocate in your corner who understands these legal proceedings and laws can help ensure your rights are being protected.

Typically, neither parties are sued, but you have a limited time to sue for the injuries you have incurred after an accident. It is important to know these limits – and speaking to an attorney can help you better understand your rights and deadlines.

Contact the Experienced Team at Broughton Accident & Injury Lawyers Today

There are countless reasons to hire a personal injury attorney, the most important being that they are there to help you understand the process, get medical treatment, save you time and emotional stress, and work hard to get you the most money for your injury case. In addition, seeking legal counsel can help you better understand the risks that you face in your case.

Contacting an accident lawyer and discussing your case will allow you to ask questions and receive trustworthy answers to help better guide you. It doesn’t matter if you were injured in a car crash, truck crash, bus accident, bike accident, motorcycle crash, slip and fall accident, or other injuries – getting guidance from a personal injury lawyer can mean the difference in your case. Contact the experienced team at Broughton Accident & Injury Lawyers for a free consultation. Call us at 404-842-7700 today!

As an Atlanta car accident law firm, we know that getting into an accident, whether because of a car, bike, motorcycle, or even a bad fall, can be a horrible experience. And accidents of these types and others are not a rarity: the CDC reports that there are close to 31 million people who are injured and require medical treatment every year.

Something that many people wonder about when they are in an accident is whether or not they should hire an accident attorney. In this article, we will take you through the information you need to make that decision. Hopefully, this will relieve you of one stressor if you’ve recently been in an accident.

Injuries Were Sustained

Whether you have minor or serious injuries from an accident, it is a good idea to consult with an accident attorney in Atlanta. It’s especially important if you have an injury that lasts longer than a couple of days or forces your to receive medical care. Many lawyers suggest hiring an accident attorney even if you weren’t injured initially, as some injuries can present themselves at a later date.

Some injuries could inhibit you from working on your claim, which would be detrimental to you and whatever settlement you might receive. However, an accident attorney would be able to work on your case for you, even if you or your loved one is severely injured.

The settlement or award you get will depend on how severe the injury is, what type of injury it is, and the cost of the medical bills (including predicted future medical expenses). It’s an excellent idea to consult with a lawyer if your injury has caused you to lose wages from your job, required hospitalization, surgery, physical therapy, or visits to doctors and specialists.

Besides these medical expenses, an attorney can be helpful if you have a long-term or permanent injury because of the accident you were in. These types of injuries will result in long-term medical expenses, which should be taken into account. An accident attorney will have the skill and experience to increase the value of your claim even in such complex cases.

Someone Was Negligent

Oftentimes accidents that cause you or a loved one to be injured happen because of someone else’s negligence. This could be because of a car accident, medical malpractice, or even a defective product. Lawyers will know exactly what type of evidence you will need to prove someone is at fault for an injury, or even for a wrongful death.

Liability Is An Issue

Similar to the previous section, liability disputes hinge on the idea of who is at fault. Insurance companies dispute the insured’s liability in the case of an accident. What does this mean? It means that the insurance of the person, company, or product that resulted in your accident is saying that it isn’t actually their fault and thus they don’t have to pay for any damages or expenses.

Sometimes companies will dispute liability just to make you think that you have no basis for a claim, even if you really do have a good reason and their policyholder is at fault. An accident attorney will be able to recognize whether the liability dispute is valid, or whether they can argue the fault of the insured party.

Insurance Companies Being Insurance Companies

Insurance companies are out to make money: they will often go to great lengths to not pay damages and to reduce their losses. One example of this happening is the liability dispute that we discussed in the previous section. These companies may also:

• Purposefully delay the process
• Refuse to pay you (even if they are supposed to!)
• Offer a very low amount proportional to your injuries
• Discourage you from getting a lawyer
• Try to get you to sign over your medical records
• Discredit you because of mental health issues
• Blame your injury on a “pre-existing condition”
• Conduct surveillance on you
• Send representatives to get you to make statements that will hurt you (like admitting fault)

Sounds sneaky and horrible right? Well, an accident attorney will know exactly what insurance companies’ tactics are, and how to best deal with them.

You Don’t Have a Law Degree

Even if your case isn’t very complex or isn’t dealing with insurance companies like the ones described earlier, claims and law can still be confusing and overwhelming. Without a lawyer, you’ll have to file claims, negotiate the terms, compile evidence, and have knowledge of the process on your own.

This can be hard even in simple cases, but especially with more complicated ones. Attorneys will have experience and know-how in all of these areas, which will make things a lot easier on you, and often result in a better settlement than if you did it alone. Attorneys will also help to find potential experts you might need to substantiate your case, including witnesses, medical professionals, and vehicle experts.

You Want More Money

Let’s say that none of these things apply to you, but you have been in an accident.

In general, it is always good to at least consult with an accident attorney. Whether you end up hiring them is a different matter.

Consulting an attorney can also help you make the decision on whether to hire them or not. It can’t hurt to talk to a lawyer, especially considering that injured victims who have legal representation receive about 3.5 times more in settlement compared to those who are not represented by an attorney.

That is a substantial amount, especially if this settlement is going to help you cover medical expenses, vehicle repairs, and other losses.

Bottom Line: Contact an Atlanta Personal Injury Lawyer Right Away

Accidents can be scary and result in both short and long-term consequences. That’s why it is important to handle the situation properly so you’ll be able to receive the settlement you and your loved ones deserve.

While it can’t hurt to talk to an accident attorney, it’s important to know the right time to seek representation. If you have any other questions about your specific case or this topic in general, contact our award winning attorneys at Broughton Accident & Injury Lawyers for a no obligation, free consultation from experienced pros.