Atlanta Neck and Back Injury Lawyer

Neck and back injuries can be incredibly painful and disruptive, impacting every aspect of your life. Whether you’re struggling with daily tasks, unable to work, or simply living with persistent discomfort, the effects can be devastating. An Atlanta neck and back injury lawyer at Merritt & Merritt Law Firm in Georgia, we understand the challenges you face, and we are dedicated to advocating for individuals who have suffered neck and back injuries due to no fault of their own. If you find yourself suffering from neck or back injuries due to an accident, call us today for a free consultation at 404-975-1775.

Understanding the Common Causes of Neck and Back Injuries in Georgia

Neck and back injuries can arise from various types of accidents, each with its own set of severity. Understanding these common causes is the first step in recognizing your potential compensation claim. Car accidents stand out as a leading cause of neck and back injuries in Georgia. The sudden and forceful impacts involved in collisions can subject the spine and surrounding tissues to extreme stress, resulting in a range of injuries. One of the most frequent injuries in car accidents, especially rear-end collisions, is whiplash.

Beyond whiplash, the force of a car accident can also lead to herniated discs, fractured vertebrae, sprains, strains, cervical dislocations, and facet joint injuries. It is important to remember that even seemingly minor car accidents can result in significant neck and back injuries which is why you should seek medical attention after an accident even if you think the injury is minor.

Establishing Negligence in Neck and Back Injury Cases

In Georgia, most personal injury claims arising from neck and back injuries are based on the legal principle of negligence. To successfully pursue a negligence claim, four essential elements must be proven.

Duty of Care

The first element is establishing that the defendant owed the injured party a legal duty of care, which means that the law recognized a responsibility for the defendant to act in a way that would prevent foreseeable harm to others. For example, drivers have a duty to operate their vehicles safely and follow traffic laws to avoid endangering others on the road.

Breached Duty of Care

The second element is demonstrating that the defendant breached this duty of care. A breach occurs when the defendant fails to act as a reasonably prudent person would under similar circumstances.

Examples of a breach of duty in the context of neck and back injuries could include a driver speeding or driving while distracted. In some cases, a breach of duty can be established through “negligence per se,” which occurs when a person violates a specific law or ordinance, and that violation directly leads to the injury. A breach of duty can involve either taking a negligent action or failing to take a necessary action to prevent harm.

Proving Causation

The third crucial element is proving causation, which means showing that the defendant’s breach of duty was the direct and proximate cause of the plaintiff’s neck or back injury. This involves two parts: cause in fact and proximate cause. Cause in fact is often determined by the “but for” test – meaning that the injury would not have occurred but for the defendant’s negligent act. Proximate cause requires that the harm suffered was a foreseeable consequence of the defendant’s negligence.

Proving Damages/Injuries

Establishing a clear link between the defendant’s negligence and the specific neck or back injury can sometimes be complex, especially when there are pre-existing conditions or other intervening factors.

Fighting your personal injury case in court can be an extremely complex task to take on yourself, which is why Merritt & Merritt Law Firm is here to do the work for you and fight for your compensation. Call us for a free consultation at 404-975-1775 today to discuss your case.

Damages: Your Injuries Equate to Compensation

If you have suffered a neck or back injury due to someone else’s negligence in Georgia, you may be entitled to various types of compensatory damages aimed at making you whole again. These damages can help cover the financial and personal burdens resulting from your injuries. They can be physical damages, or emotional damages and cover past and future losses. Some examples of damages include medical expenses, lost wages, pain and suffering, or loss of enjoyment of things you used to do in your daily life. At Merritt & Merritt Law Firm, an Atlanta neck and back injury lawyer is dedicated to getting you the compensation you need to get you back to your life.

Georgia Law and Your Specific Rights in Neck and Back Injury Cases

Comparative Negligence

Several aspects of Georgia law specifically pertain to your rights and remedies in neck and back injury cases. Georgia works on a comparative fault system, which means that if you are found to be partially responsible for the accident that caused your injuries, your compensation will be reduced by your degree of fault. However, if your fault is determined to be 50% or greater, you will be barred from recovering any damages for this accident.

Assumption of Risk

Another legal concept that may arise is the “assumption of risk” doctrine. This principle can prevent a plaintiff from recovering compensation if it is shown that they had actual knowledge of the danger, understood and appreciated the risks associated with it, and voluntarily exposed themselves to that risk. In cases where the defendant’s conduct was particularly egregious, involving gross negligence or willful misconduct, punitive damages may be awarded in addition to damages awarded. Punitive damages are intended to punish the wrongdoer and deter similar conduct in the future.

Timing is Important: Georgia’s Statute of Limitations is Two Years

It is crucial to be aware of the statute of limitations, which sets a time limit for filing a personal injury lawsuit in Georgia. Generally, the statute of limitations for most personal injury cases in Georgia, including those involving neck and back injuries, is two years from the date of the accident. Failing to file a lawsuit within this two-year period will likely result in the permanent loss of your right to seek compensation for your injuries, regardless of the merits of your case.

Given the complexity of these rules and the potential for exceptions, it is essential to contact an Atlanta neck and back injury lawyer at Merritt & Merritt Law Firm at 404-975-1775 as soon as possible to ensure that you are aware of the correct deadline for your specific case.

What to Expect When Working with a Personal Injury Lawyer for Your Neck and Back Injuries

Filing a personal injury claim in Georgia involves several key steps, and understanding this process can help you feel more informed and empowered. The process typically begins with a free initial consultation with our experienced personal injury attorney.

During this meeting, you will have the opportunity to discuss the details of your accident and injuries with an Atlanta neck and back injury lawyer who can evaluate the merits of your case and explain your legal rights and options.

If you decide to move forward, your attorney will then conduct a thorough investigation into the accident, which involves gathering all relevant evidence, such as police reports, medical records, witness statements, and any other documentation that can help establish liability and the extent of your damages.

Once your attorney has all of the evidence needed, they likely will start negotiations with the insurance adjuster. During this phase, offers and counteroffers may be exchanged as both sides attempt to attempt to reach a settlement.

Your attorney will play a crucial role in protecting your best interests throughout this process, advocating for a fair settlement that adequately compensates you for your injuries and losses. While many personal injury cases are resolved through settlement negotiations, sometimes it becomes necessary to file a lawsuit to protect your rights and pursue the compensation you deserve.

If a fair settlement cannot be reached with the insurance company, your attorney may recommend filing a personal injury lawsuit in court. Our attorneys are prepared to fight for your rights in court if need be and will make sure that you get the compensation you deserve for your injuries.

Why Chose an Atlanta Neck and Back Injury Lawyer from Merritt & Merritt Law Firm

Hiring an Atlanta neck and back injury lawyer, especially one who specializes in neck and back injury cases in Georgia, offers numerous significant advantages. An experienced attorney from Merritt & Merritt Law Firm can provide expert guidance through the complex legal procedures involved in a personal injury claim, ensuring that all necessary requirements and deadlines are met. They possess the skills and knowledge to accurately evaluate the full value of your claim, taking into account all your damages, including future medical expenses, lost income, pain and suffering, and loss of enjoyment of life.

Our skilled attorneys are experienced negotiators who know how to effectively deal with insurers and fight for the maximum compensation you deserve. By handling the legal complexities of your claim, our attorneys can save you valuable time and reduce the stress associated with navigating the process on your own, allowing you to focus on your recovery. Merritt & Merritt Law Firm is dedicated to providing this specialized support and advocacy to personal injury clients throughout Georgia when you call us for a free consultation at 404-975-1775.