Logistics Of an Atlanta Personal Injury Action


  • Author Tara Drake
  • Published February 20, 2012
  • Word count 505

Motor vehicle collisions involving bicycles often require the services of an Atlanta Bicycle Accident Lawyer. Whenever a serious injury or death is caused by the negligence of another party, Georgia law provides for the right of the victim to recover monetary damages for the injuries as well as for any related pain and suffering. And when the actions of the perpetrator are deemed to have been reckless or intentional, the law permits punitive damages as well, designed to punish the wrongdoer for the egregious conduct.

The first concern of an Atlanta personal injury lawyer is for the health and well-being of those involved in the motor vehicle collision. At the scene of the crash, emergency responders typically assist in stabilizing the victims while arranging for transportation to an appropriate health care facility. Sometimes this involves air transport to a medical center that is further away from the crash site but better equipped to deal with the medical emergency.

An official accident investigation typically yields preliminary information about the circumstances that led to the injuries. An Atlanta personal injury lawyer normally analyzes the report while also arranging to preserve important evidence that may be necessary later. The attorney seeks to offer objective advice that assesses potential liability from the collision while also outlining important steps to be taken to protect the legal rights of the client. Once a determination has been made that a proper legal basis exists to pursue monetary damages for losses incurred, the lawyer will assist in drafting the appropriate paperwork to formalize the claims against all negligent parties.

The claims process typically involves negotiation with an insurance company representing the party considered responsible for the accident. There are roughly two general aspects to a claim - liability and damages. Liability generally involves a determination as to what party or parties are responsible for the accident. And damages involve a determination of the injuries said to have occurred as a result of the incident.

A person accused of causing an accident may contest liability. In those instances, it is first necessary to make a legal determination as to who was responsible for the accident. Once a party has been found negligent in causing a collision, the damages claimed to have occurred directly as a result of the accident will be considered. Sometimes, a party acknowledges that they caused an accident but argues the injuries claimed are not related to the collision. Other times a party may argue that they were not responsible for the collision and that any injuries are therefore also not their responsibility.

It is the job of an Atlanta personal injury lawyer to sort through all of the evidence and prepare a case that seeks to achieve the client's goals. This must be done with a view towards the relevant tort law and procedure as it is applied in Georgia. The attorney will consider important legal principles and frame the lawsuit to present the facts and circumstances in a manner designed to achieve the result that the victim clearly deserves.

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