Atlanta Personal Injury and Bankruptcy Attorneys
Here are some of the personal injury and bankruptcy matters that we handle:
- Automobile and truck accidents;
- Premises liability, including slip & falls and negligent security;
- Medical malpractice;
- Products liability;
- Faulty medical device;
- Chapter 7 bankruptcy;
- Chapter 13 bankruptcy; and,
- Debt settlement.
What is Personal Injury?
Under civil law, individuals who are hurt by the carelessness or negligence of other people or corporations have the right to bring a lawsuit and recover for expenses related to their injuries. The law allows for recovery of actual expenses, such as medical bills, lost wages, and property damage, as well as for pain and suffering and the value of life where there is a wrongful death. Generally speaking, "personal injury" refers to the area of law where attorneys represent plaintiffs in seeking recovery for their bodily injuries or wrongful death of their loved ones.
Personal injury cases vary from something as simple as getting into a car accident and breaking a bone to being a victim of crime due to inadequate security at an apartment complex to being injured by a faulty medical device. Whatever the case may be, a thorough investigation is important in establishing a strong claim.
Knowing if there is insurance is a key component in bringing a personal injury claim. Most injury cases involve recovering from the at-fault party's insurance company; or, in some automobile wreck cases, recovery can come from the injured victim's insurance company. When suing a large company, chances are that the corporate defendant could be self-insured to a large extent.
Thus, your attorney must have a working knowledge of insurance laws in Georgia; for example, an insurance company can be held liable for acting in bad faith by refusing to settle a claim against its insured. If the plaintiff who is injured brings a lawsuit and successfully obtains a verdict in excess of the available insurance limits, then the insurance company could be liable for the full amount of the verdict.
Another important aspect of a personal injury matter is ensuring that the plaintiff or the party who is injured seeks the appropriate medical attention. Without proper documentation of the injury, recovery is not likely. In short, personal injury law is relatively complex and often requires the assistance of competent legal counsel.
What is Bankruptcy?
Bankruptcy is a legal vehicle by which individuals or corporations can consolidate or discharge their debts that they are unable to pay. Bankruptcy was enacted as a federal law to allow such debt relief.
The filing of a bankruptcy case initiates what is known as a "stay," which is a court order that protects debtors from creditor collection actions. Creditors may not seek payment of money or other property from the debtor.
There are two types of individual bankruptcies: Chapter 7 and Chapter 13. Chapter 7 is what is known as the liquidation chapter of bankruptcy. Debtors' assets are subject to liquidation by a bankruptcy trustee, who is responsible for administering the case. Most individuals who file bankruptcy do not have assets that can be sold or liquidated because they have "exemptions" or protections for property that prevent such action.
Chapter 13 bankruptcy is the consolidation of debt into one monthly payment. Chapter 13 allows individuals to catch up on arrears for their mortgages, car notes, and other debts. Depending on income, a debtor can pay between 0 and 100% of his/her unsecured debts. The general rule of thumb for secured debts attached to property is that if you want to keep the property, then you have to pay for it. Both Chapter 7 and Chapter 13 provide interesting ways to lower interest rates on loans, change the status of a loan from secured to unsecured, and redeem property for fair market value. Bankruptcy is also a complex area of law that requires the assistance of an attorney.
If you have a question about personal injury or bankruptcy, we offer complimentary consultations with an attorney. Please call us at (404) 593-2620 to set up an appointment. We serve clients all over the state of Georgia and offer two conveniently located office locations-one in North Atlanta/Buckhead and the other in South Atlanta/Hapeville near the airport.