Have you been seriously injured as a result of someone else’s negligence? Have you lost a loved one due to wrongful death? Has a loved one suffered an injury due to an auto accident? Do you find yourself going around and around with insurance companies, only to get nowhere?
There is no doubt that dealing with the aftermath of an accident and injuries can be confusing, and many people are unsure of where to turn. You cannot trust insurance companies to be on your side, but you want to ensure that you receive the full compensation you are entitled to under the law. This is why you need an experienced Forsyth County, Georgia, personal injury attorney standing up for your rights.
The law firm of Banks, Stubbs, and McFarland represents clients in all types of injury claims, and we fight for your rights while you focus on your treatment and recovery. To make sure you receive the best possible outcome in your claim, you shouldn’t hesitate to contact us directly to discuss how we might help.
Under Georgia law, you only have two years to settle your personal injury case directly with the other party or to begin a lawsuit. Don’t let the clock run out on the compensation you deserve. Call our law firm today!
I must admit, I believed the hype of the "ONE CALL" law firms and reached out to them first when I was involved in an accident. The larger, "ONE CALL" firm didn't take the time to listen to my case and were quick to dismiss it as not worth their time. I reached out to Parker McFarland who took the time to meet and listen to me. What impressed me most was that after explaining what had happened, Parker instructed his assistant to immediately start working on finding and preserving evidence. Parker and his assistant were very diligent and kept me updated throughout the process. It was clear that they wanted to get me the care that I needed to recover from the accident. When the adjuster said they would not pay any of my claim, Parker did not give up. He presented my case to them in such a compelling manner that they agreed to 100% of what we asked for. This is a professional firm that truly cares about the well being of their clients.
Your Rights after an Accidental Injury in GA
The law provides protections for people who are injured by others. When another person or company is negligent - and their negligence causes your injuries - that party should be responsible for the costs of the injuries they caused. Unfortunately, many liable parties and their insurance companies will fight against liability and deny your right to full compensation, and many people end up with much less than they need to cover their losses.
Banks, Stubbs & McFarland, LLP, is a litigation law firm with experienced personal injury lawyers who will work hard to make sure you get every penny you deserve. We know how to properly calculate and seek recovery for all of your damages, which can vary widely from case to case.
Common damages and compensation from a lawsuit include:
- Past, present, and future medical expenses - Many injuries require extensive and costly medical treatment, including emergency care, hospitalization, doctor’s visits, surgery, and more. Serious injuries might require ongoing care, rehabilitation, and medical equipment well into the future.
- Property damage - Many accidents can result in extensive damage to your property, especially traffic crashes. The liable party should be responsible for all repairs or replacements so you can have access to your vehicle.
- Lost wages or future earning potential - Injuries can prevent you from working due to medical treatment or because you cannot perform your job duties, which can result in lost wages. If you cannot return to work for some time - or at all - or you must find a different job, you can lose future earnings, as well.
- Emotional distress - Many accident victims experience distress from the trauma of the accident, dealing with painful injuries, or both.
- Pain and suffering - Many traumatic injuries can cause pain - both immediately and throughout recovery. The law allows you to recover for the physical suffering you experience from your injuries.
- Loss of consortium - Some injuries can deprive you of the benefits of companionship and affection as a spouse or a parent, and this can be a recoverable loss.
- Punitive damages (against the other party) - If the party that caused your injuries acted in a highly egregious, dangerous, or intentional manner, you might be able to seek punitive damages. These damages are not tied to your losses but, instead, aim to punish the liable party.
- Attorney fees - Liable parties can be held responsible for your attorney fees, as well.
Many injury cases can be resolved through negotiations directly with the insurance company. However, some law firms might push clients to accept insurance settlement offers that are too low simply to avoid litigation and be able to churn out more cases. These firms are often referred to as “settlement mills” and might not have the best interests of clients in mind.
Our dedicated attorneys intentionally limit the number of personal injury cases that we take to make sure that our clients’ files are worked from start to finish to achieve the highest possible compensation for our clients. We give our clients’ cases the utmost attention and personal care, and we never hesitate to escalate cases to litigation when needed to fully protect our clients’ rights.
A service that we provide for free to all of our personal injury clients is that we actively negotiate all of the outstanding liens and/or medical bills after the case is settled or otherwise resolved. That money saved goes directly into our clients’ pockets.
Our hard work and utmost respect for our cases earn us word of mouth referrals from satisfied clients. That’s why we don’t need to use billboards or television and radio spots to advertise our firm.
Don’t settle for less than your case is worth. Call us today at 770-887-1209 or contact us via our FREE Case Evaluation Form to get started today!
Parker McFarland of Banks Stubbs and McFarland represented us in an injury case. He did a fantastic job. He was professional and very knowledgeable and worked hard through to the very end. The office staff is very polite and very helpful as well. I am very pleased with the job Parker did and would recommend Banks Stubbs and McFarland if you need legal representation.
We Only Represent the Victims of Personal Injury Claims
Personal injury can be a complex area of law, and you want a committed lawyer with the experience and resources to handle a potentially complicated claim. At Banks Stubbs and McFarland, we devote our practice to serving the victims of personal injury cases. We never represent insurance companies. Thus, we understand how important it is to earn compensation and justice for our injured clients and the best practices for how to do so.
Each personal injury claim can be as unique as the people involved. We fully evaluate each case based on the individual circumstances, including the type of accident that caused your injuries, the nature and severity of your injuries, your losses, and more. We handle claims involving complex legal issues, as well as relatively straightforward cases. No case is too serious or seemingly minor for us to evaluate.
We regularly take on personal injury lawsuits within the following categories:
- Car Accidents
- DUI Accidents
- Motorcycle Accidents
- Truck Accidents
- Lyft & Uber Accidents
- Bicycle and Pedestrian Accidents
- Hit and Run Cases
- Boating Accidents
- Recreational Activity and Sporting Accidents
- Premises Liability
- Slip and Fall
- Security Negligence
- Workplace Accidents
- Wrongful Death
As long as you or a loved one was injured by the actions of another, we want to help you receive the financial compensation that will help you heal physically and mentally. Call our firm now to see what damages you can pursue against the other party.
Challenging Insurance Claims
You might believe that if a policyholder caused your injuries, their insurer should automatically cover your losses. After all, that is what insurance companies are for, right? Too many people are shocked when their insurance claims are delayed, decreased, or denied altogether.
The reality is that insurance companies are concerned about their bottom lines, just like any other type of large corporation. This means that they want to limit how much they pay on claims whenever they can, and adjusters will find ways to challenge claims. Some tactics that insurance adjusters might use include:
- Challenging whether the policyholder was liable for the accident
- Claiming you were partially at fault for the accident
- Questioning whether the accident caused your injuries (or a subsequent event)
- Challenging whether all the medical treatment or missed work was necessary
- Refusing to pay damages for intangible losses, such as pain and suffering
Adjusters will tell you they have your best interests in mind, though they might actually try to get you to make statements against your claim. This is far too easy to do unintentionally, so it is wise to have an attorney handling all communications with adjusters.
Insurance adjusters also will generally make initial settlement offers that are extremely low - hoping that claimants will accept them. Many people assume they have no other choice, so they end up with far less than they need or deserve. Our attorneys will know how much you deserve and can identify when an offer is unfairly low. We can then take the necessary steps to negotiate for a higher offer.
If insurance companies still will not offer you adequate compensation, we can file a personal injury lawsuit in civil court. Our lawyers are highly experienced litigators who will not hesitate to escalate cases for our clients, negotiating favorable settlement agreements, and fighting for your rights in court when necessary. We are known for our unwavering dedication to our clients and commitment to protecting their rights.
We can help whether:
- You already started an insurance claim on your own and now would like legal assistance
- You need to file insurance claims
- You are unsure of your rights or which insurance claims you might be able to file
If you are ready to fight for the compensation you deserve following an injury, do not hesitate to contact our legal team for your free case evaluation today.
Understanding Fault in Personal Injury Cases
A common question among clients of personal injury cases involves fault. What if I am partly to blame for the car accident? What if I was drunk when I fell? What if I don’t know if my loved one was partially to blame?
Under Georgia law, you can recover damages as long as you were only 49% or less to blame for an accident. The more at fault you were, the less compensation you are entitled to receive. In short, you may receive a verdict that awards you compensation for your injuries, and the amount is then reduced by your percentage of fault. Our attorneys can assist you with understanding your fault and potential, if any, for receiving damages.
Schedule a free consultation with our experienced legal team now to better understand how much your lawsuit is worth.
Personal Injury FAQs
There are two common frequently asked questions that people often ask after being involved in an accident that has caused them to sustain injuries. Have a look below to learn the answers to what damages are available in a personal injury case and what to do after being involved in a personal injury accident.
1. What Damages Are Awarded In A GA Personal Injury Case?
When seeking an attorney, one of the common questions people want to be answered is what damages they can gain from initiating a personal injury claim. The primary type of damages is compensatory damages. Compensatory damages include economic and non-economic damages.
So what is the difference between these two types of damages? Economic damages are, in most instances, based on tangible and objective costs and losses. Examples of economic damages include ambulance fees, medical bills, loss of earning capacity, lost wages, future treatment costs, and property damages.
Unlike economic damages, non-economic damages are far more subjective. Usually, non-economic damages will cover mental anguish, pain and suffering, loss of consortium, and loss of enjoyment of life.
During your personal injury case, you and your attorney will need to prove that the damages you seek are reasonably quantifiable to be awarded to you. Essentially, the damages you seek should not be speculative, as this will decrease your likelihood of being awarded the compensation you deserve.
Additionally, if you can prove that the defendant acted in an especially egregious or reckless manner, you could be entitled to recover punitive damages in addition to compensatory damages. Punitive damages are awarded as a punishment to deter the type of conduct or behavior that caused your injuries. When punitive damages could be awarded, they can substantially increase the value of your case.
2. What Do You Do After You Were Involved In A Personal Injury Accident in GA?
If you have been involved in a personal injury accident, there are a few steps that you need to follow should you want to increase your chances of obtaining compensation for your injuries. Below we have briefly summed up the various crucial steps you need to complete besides speaking with an attorney after you were involved in a car accident.
- Seek medical attention: The first thing you need to do after being involved in an accident that has caused your injury is to seek medical attention. The first step to doing this is calling 911 to dispatch an ambulance to the scene of your accident. Once the ambulance personnel have examined your injuries, you still need to seek further treatment at a doctor or emergency room. This is because you might not know if you have hidden injuries and because you need to make sure that you have a medical record stating that the injuries you incurred happened during the accident. This medical report will be crucial if you decide to initiate a personal injury claim.
- Obtain evidence: After you have been seen by a medical professional, you have to try and get as much evidence as you can after your accident if you want to file a personal injury claim. For example, you need to take images of the accident scene and your injuries. You also need to obtain the police report as this will have crucial information about your accident, including what the police believe to be the cause of the accident. Other important evidence includes witness statements, surveillance video, officer dash camera footage, and body camera footage, medical records, and expert testimony.
- Save your bills and receipts: After an accident, it’s crucial to remember to save your bills and receipts as you could claim compensation for them and get reimbursed. Essentially you need to save any hospital bills, ambulance fee receipts, private doctors bills, specialist bills, therapy bills, prescriptions, and other out of pocket expenses.
How to Win a Negligence Lawsuit in Georgia
Many personal injury claims fall under the umbrella term, “negligence.” In short, a negligence lawsuit arises when a person is injured due to the accidental actions of another. Common negligence lawsuits include premises liability and slip and fall cases.
According to Georgia case law, attorneys for the injured party must prove two key elements in order for the victim or the victim’s family to receive compensation:
- The property owner or manager had “actual and constructive knowledge of the hazard.”
- The victim used “ordinary care” on the property to maintain his or her safety yet “lacked knowledge of the hazard” due to the behavior and actions of the property owner or manager.
Summarizing the case law, a victim can receive compensation if the opposing party knew of the hazard that caused the injury yet did not do enough to correct the problem or properly warn the victim who had been acting reasonably and responsibly.
While the negligence criteria is fairly straightforward, convincing a judge or jury requires significant legal expertise. Additionally, in personal liability cases, the defense often raises a summary judgment motion. As a result, the judge can dismiss the case prior to trial if your attorney doesn’t demonstrate enough evidence for the case to be heard.
Witnesses or expert witnesses, photographs, investigators, and depositions are only a few of the forms of evidence needed to prove your case by a preponderance of the evidence. Though many negligence lawsuits are settled outside of a courtroom, it is still important to have an experienced litigator handling your claim.
Don’t lose compensation due to inadequate legal representation. Contact the experienced litigation attorneys at Banks, Stubbs & McFarland today!
Questions? Do You Want To Talk To A Lawyer? Contact Us.
$1,525,000.00 Head On Collision Settlement
In Hall County, a mother and daughter were involved in a head on collision with a drowsy driver who swerved into their lane. Attorney Parker McFarland filed a negligence action against the driver and employer in Hall County State Court.
$2,750,000.00 Tractor Trailer Red Light Violation – Wrongful Death
70 year old man who was killed when a tractor trailer ran a red light on U.S. Highway 441. During litigation following a day long mediation, this case was settled for $2,750,000.00. Other details are omitted due to a confidentiality agreement.
$750,000.00 – Automobile Negligence
Client (V.G.) was injured when an elderly lady attempted to turn left in front of Client on Georgia Highway 369. Client sustained multiple fractures to her ribs, sternum, L1, and T12 and underwent a back surgery.
Client incurred $296k in medical bills. Because Client had a history of previous back injuries and surgery and the other driver claimed that Client hit her, the insurance company only offered $430,000.00 to settle the case prior to litigation.
Attorney Parker McFarland filed a lawsuit in Forsyth County State Court for negligence and following litigation and mediation, settled the case for $750,000.00.
Attorney Parker McFarland drastically negotiated and settled the outstanding medical bills and liens including a $39,000 lien from Medicare which was reduced to $328.24, which greatly increased Client’s net recovery.
$377,250.00 Auto Accident Wrongful Death Suit in Cherokee County, Georgia
Grizzle v. Hickory Flat Grading, Inc., Case No. 04-SC-1806, State Court of Cherokee County
“Lowboy” tractor trailer pulled out in front of the Client’s husband on Georgia 400 in Cumming, Georgia early in the morning which caused the death of the husband. Defense alleged that the client should not collect since he could have seen the truck. On the eve of the jury trial, Parker McFarland’s former firm, McFarland & McFarland, P.C. negotiated this settlement despite the conflicts in evidence and disputed liability.
$281,198.22 Personal Injury Case Settlement in Hall County, Georgia
Client (J.O.) was a passenger in his uncle’s truck in Hall County when the defendant pulled out in front of them, causing a collision. Although the defendant was issued a citation for failure to yield, a witness identified in the police report stated that Client’s uncle was speeding. Moreover, Client’s uncle admitted in his deposition that he had been speeding at the time of the car wreck.
Client underwent elbow surgery, chiropractic care, physical therapy, and numerous injections. Client was diagnosed with herniated discs in his lower back and neck at L4-L5, L5-S1, and C6-C7 and incurred $95,000 in medical bills. Surgery was recommended to treat the disc injuries. Attorney Parker McFarland filed a lawsuit in Hall County State Court. Despite the evidence that Client’s uncle was partially at fault in the automobile wreck, a settlement was reached prior to trial for all of the remaining insurance policy limits of $281,198.22.
$245,000.00 Sideswiped by Tractor Trailer
Clients’ pickup truck was sideswiped by a large 18-wheeler on I-285 in Atlanta. The client was treated at the hospital and eventually required to undergo two arthroscopic knee surgeries four months after the car collision, incurring $46,500.00 in medical bills. Attorney Parker McFarland filed a personal injury civil case in Cobb County on behalf of the client against the driver and his trucking company and settled the case prior to trial for $245,000.00.
Personal Injury Case Settled for $175,000 in Forsyth County
Client (J.V.) was rear-ended by another driver while stopped at a traffic light, totaling Client’s vehicle. Client sustained injuries to her neck including cervical radiculopathy and stenosis at the C5/C6 and C6/C7 disks which ultimately required neck surgery. Client incurred $83,000.00 in medical bills. The insurance adjuster refused to pay for anything above the medical bills. Attorney Parker McFarland filed a lawsuit against the other driver in Forsyth County State Court and settled the case before trial for $175,000.00.