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?
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!
Banks, Stubbs, and McFarland is a litigation law firm with experienced personal injury lawyers who will work hard to make sure you get every penny you deserve. Common damages and compensation from a lawsuit include:
- Past, present, and future medical expenses
- Property damage
- Lost Wages or Earning Potential
- Emotional distress
- Pain and suffering
- Loss of Consortium
- Punitive damages (against the other party)
- Attorney Fees
We 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 to our clients. We give our clients’ cases the utmost attention and personal care.
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 earns 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!
We Only Represent the Victims of Personal Injury Claims
At Banks Stubbs and McFarland, we devote our practice to serving the victims of personal injury cases. We never represent the insurance companies. Thus, we understand how important it is to earn compensation and justice for our injured clients.
We handle 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 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.
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.
How to Win a Negligence Lawsuit
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 evidence. Though many negligence lawsuits are settled outside of a courtroom, it is still important to have an experienced negligence lawyer handle your claim.
Don’t lose compensation due to inadequate legal representation. Contact the experienced litigation attorneys at Banks, Stubbs and McFarland today!
“Parker represented me in a personal injury case (automobile accident). I had grown weary in dealing with insurance company in an effort to retrieve the minimal medical expenses incurred. As it turns out Parker was able to settle for 5 ½ times the amount of the medical bills! The investigation into the at fault driver’s driving history and the briefing on potential punitive damages caused by a pattern of dangerous driving made the difference. I am grateful for Parker’s expertise in as much as I am for his professionalism, genuine care and concern.”
– Kelly T.
Questions? Do You Want To Talk To A Lawyer? Contact Us.
$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.