Showing posts with label Hiring Personal Injury Lawyer. Show all posts
Showing posts with label Hiring Personal Injury Lawyer. Show all posts

Monday, February 14, 2022

What Is Considered a Dangerous Dog in Georgia?

While most dogs are well-behaved and friendly, some dog breeds can be dangerous. Under Georgia law, dogs deemed dangerous or vicious must be registered with the state to provide a measure of accountability in the event they attack. Dogs are generally considered dangerous if they have caused serious injury or pose a threat of serious injury.

If someone else’s dangerous dog bit or attacked you in Georgia, you could be entitled to recover compensation for medical expenses, lost income, pain and suffering, and other losses you suffered as a result. The dog bite attorneys at Adamson & Cleveland, LLC, have the skills and experience to help you hold the dog’s owner accountable for negligence and seek the money you need for your recovery.

Contact the legal team at Adamson & Cleveland, LLC, today to discuss your case and legal options during a free consultation.

What is Georgia’s Dangerous Dog Law?

Under Georgia’s dangerous dog law, dangerous dogs aren’t allowed to be off the owner’s property unless the dog is fully under the owner’s immediate physical control and on a leash that is less than six feet long, locked in a crate or other enclosed space, or is a working dog, such as a hunting or herding dog.

All dangerous dogs have to be registered with the state, and a sign must be posted on the owner’s property warning people about the dangerous dog. All dog owners with dangerous dogs must carry a minimum of $15,000 liability insurance if the dog injures someone. Instead of liability insurance, the dog owner can also purchase a $15,000 surety bond to cover any potential injuries caused by the dog.

What Classifies a Dog as Dangerous?

In Georgia, a dog is considered “dangerous” if it:

  • Severely punctures a person’s skin, even if it doesn’t result in a serious injury.
  • Attacks a person, and that person believes that the dog can cause them serious injuries, even if they aren’t severely injured.
  • Kills another domestic animal while away from its owner’s property. There are exceptions for cases where the dog that causes the pet’s death is a hunting dog, herding dog, or predator control dog.

In Georgia, “serious injury” refers to:

  • Injuries that pose a significant threat of death
  • Broken or dislocated bones
  • Serious lacerations
  • Disfigurement
  • Injuries that necessitate plastic surgery or hospitalization
  • Injuries that cause health issues such as infections or impairment of bodily organs

If you are seriously injured by a dangerous or vicious dog in Georgia, you have the right to hold the owner accountable for their negligence.

What is Considered a Vicious Dog in Georgia?

A dog is considered vicious in Georgia if it seriously injures someone or causes someone to be seriously injured in their attempt to flee its attack. Just like “dangerous” dogs, vicious dogs must be registered with the state. Owners of vicious dogs must carry $50,000 in liability insurance, and other additional regulations apply.

What Should You Do if You Have Been Injured by a Vicious Dog?

If a vicious dog has injured you, there are several steps you should take to safeguard your rights and pursue the justice you deserve:

  • Seek medical attention. If the dog bite is serious, you should call 911. EMS will come to the scene, and police or animal control officers may arrive to draft an incident report, which could provide valuable information for your claim. If you don’t believe you have suffered severe injuries at first, you should still get a complete medical exam as soon as possible to address any hidden conditions.
  • Identify the owner. If the dog is a stray, you should contact animal control. If the dog is microchipped, animal control will be able to identify the owner. If the owner is present, be sure to get their name and contact information. Determining who owns the dog is critical to pursuing a claim for compensation.
  • Collect evidence at the scene. If you can, try to collect evidence from the scene. If any bystanders witnessed the accident, you should ask for their contact information. You can get a statement from them later to support your case. You should also take photos of your injuries as soon as possible. Pictures can provide strong evidence that your claims are valid.
  • Gather documents. Keep track of your medical records, hospital bills, and other expenses related to your injuries. Include photos of your injuries and other evidence you collected at the scene in a file with your other documents.
  • Make notes about your pain and disabilities. You should maintain a daily record of your physical pain and any psychological or emotional trauma you suffer after the accident. Take notes about how your injuries limit your ability to participate in daily activities.
  • Do not post on social media. Don’t talk about the incident on social media or any public forum until your case resolves. Anything you say could be used against you by insurance companies eager to protect their profits.
  • Speak with an attorney as soon as possible after the accident. An attorney can advocate for your interests and help you pursue the settlement you need to recover financially. If your case goes to trial, your attorney will help you navigate the court system and fight for your rights before a judge or jury.

Contact a Georgia Dog Bite Attorney Today

Did a dangerous or vicious dog attack you in Georgia? If so, don’t wait to get in touch with the attorneys at Adamson & Cleveland, LLC. Our Georgia dog bite injury attorneys understand how physically painful and emotionally traumatizing it can be to be the victim of a dog attack. We have the experience and resources to help you pursue justice and the compensation you deserve.

If you decide to hire us, we are prepared to conduct a full investigation of the accident, collect evidence that supports your claim, determine liability, calculate the losses you suffered, and negotiate for a settlement on your behalf. If we cannot reach a fair settlement, we will not hesitate to fight your case out in court.

Contact our law firm today for a free, no-risk initial consultation.

The post What Is Considered a Dangerous Dog in Georgia? appeared first on Adamson & Cleveland, LLC.

Monday, February 7, 2022

Georgia’s Dog Bite Laws Explained

In Georgia, a person who a dog has bitten can seek compensation from the animal’s owner under specific circumstances. The victim could seek compensation for pain and suffering from the attack, as well as medical bills and other financial losses. Compensation could also include punitive damages if the dog’s owner acted with willful disregard for safety.

Here, we’ll take a closer look at Georgia’s dog bite laws and how they might apply to you. If a dog has bitten you, don’t hesitate to call the experienced Georgia dog bite lawyers at Adamson & Cleveland, LLC. We could discuss your situation, explain your rights under Georgia law, and let you know what compensation might be available in your case.

Get in touch with our law firm today for your free consultation.

Georgia Law Holds a Dog Owner Responsible

Under Georgia law Section 51-2-7, the owner of a dangerous dog could be liable if their pet attacks and injures someone. However, it’s important to know that there are some limitations on when injured people can pursue compensation. For example, someone injured by a dog may not be able to receive compensation if they provoke a dog, leading to an injury.

The ‘First Bite Rule’ in Georgia

The first bite rule is a familiar rule used across the country. It generally says the dog owner is liable for a dog bite injury only when they knew or reasonably should have known their dog was dangerous. For example, suppose someone is bitten by a dog that has never bitten before or shown aggressive tendencies. In that case, a bite victim might not be able to receive compensation for their injuries.

Georgia uses a modified version of this rule that takes the management of a dog into account.

Careless Management Rules

Dog owners must manage their dogs according to state and local rules. That could mean keeping the dog on a leash, keeping it contained in a yard, or otherwise managing the dog’s behavior.

If the dog owner doesn’t effectively manage the dog and it hurts someone, they could be liable for any resulting injuries. Even if it’s a dog’s first time biting someone, the liability issue remains the same if the owner was careless in their management of the dog.

Legal Definitions Used in Georgia Dog Bite Cases

If you need to bring a dog bite compensation case, you may hear many different and unfamiliar terms. Some of the common terms and definitions you may come in contact with include:

  • Dangerous dog – Under Georgia law Section 4-8-21, a dangerous dog is one that acts in specific ways. They could cause a substantial puncture wound, cause someone to reasonably believe they may suffer serious injury, or they could kill a pet animal while they’re off their owner’s property.  In certain cities in Georgia, a Pit bull, a Rottweiler, or a Doberman Pinscher may be considered potentially dangerous dogs. In other cities, they are not.
  • Vicious dog – The term vicious dog is also defined under Section 4-8-21. A vicious dog is one that causes serious injuries to a person. A dog could also be vicious if it seriously injures someone trying to escape a dog’s attack.
  • Exceptions to the statutes – If you need to bring a claim because a dog injured you, it’s important to know that there are several exceptions built into Georgia law.

For example, if a dog kills a pet while off its owner’s property, the dog isn’t classified as dangerous in some cases. For instance, they won’t be considered dangerous if they work or train as hunting, herding, or predator-control dogs.

Aggressive dog barking on stranger passing.It’s also important to know that dogs used by law enforcement or the military cannot be classified as dangerous or vicious. Finally, if a dog injures someone who was trespassing, abusing the dog, or committing another offense, the dog would not be classified as dangerous or vicious.

Expenses and Damages Paid by a Dog’s Owner

When an owner is liable for their dog’s actions, they could be required to compensate you for your injuries. These injury-related expenses can add up fast. For example, after a dog attack, you could be facing severe injuries that could require surgery, or even plastic surgery to repair. There could be a risk for bacterial infections because of the bite. That means the costs of a dog bite can quickly grow, leaving an owner with significant liability for the damage their dog causes.

In many cases, homeowners’ liability insurance may cover this compensation. Whether insurance will come into play will depend on the facts of the accident, the owner’s actions, and any limitations on the policy.

In many dog bite cases, a neighbor, friend, relative, or other acquaintance owns the dog in question. Some victims may be reluctant to bring a claim against someone they know. Keep in mind that insurance typically covers these claims, meaning money does not come directly out of the dog owner’s pocket.

Damages That Can Be Recovered After Being Bitten by a Dog in Georgia

After a dog bite, you could be facing medical bills, lost work, and long-term impairments from your injuries. Under Georgia law, you may be able to recover many different types of compensation. These include:

  • Coverage of medical costs related to the bite
  • Compensation for future medical expenses you will likely incur because of your injuries
  • Lost wages and lost income 
  • Pain and suffering 
  • Emotional distress
  • Punitive damages

Get Help from an Experienced Georgia Dog Bite Lawyer

If someone else’s dog attacked you, get in touch with the law firm of Adamson & Cleveland, LLC now. Our experienced dog bite lawyers have a track record of success and decades of experience serving injury victims. We’re ready to help you with a free consultation about your case.

After a dog bite, there is no time to try and do things on your own. Let our professionals help. We can help take the stress off you and seek the compensation you deserve. Call us or reach out to us online now for your free no-obligation consultation.

The post Georgia’s Dog Bite Laws Explained appeared first on Adamson & Cleveland, LLC.

Tuesday, January 11, 2022

How Traffic Tickets Affect Car Accident Injury Claims

The aftermath of a car accident can be disorienting and overwhelming. You might be forced to seek treatment for painful injuries, all while dealing with unexpected medical expenses, repairs to your vehicle, missed time at work, and other financial troubles. You may be entitled to compensation for your losses, but getting the money you need could be difficult on your own.

If you or another driver involved in the accident received a ticket for a traffic violation, things could get complicated. If the other driver was ticketed, you might assume your case will be an easy win. If you were ticketed, you might think the best thing to do is simply get it over with and pay the ticket. Both of these assumptions could harm your case, so it’s best to work with an experienced car accident attorney who can guide you every step of the way.

At Adamson & Cleveland, LLC, our car accident lawyers have more than 75 years of combined experience serving injury victims throughout Georgia. Contact us today to learn more about your rights and legal options in a free initial consultation.

What Traffic Tickets Can a Driver Receive in a Car Accident?

Drivers may receive tickets, or citations, for any of the following traffic violations in a Georgia car accident:

  • Exceeding posted speed limits
  • Failure to stop at a stop sign
  • Running a red light
  • Failure to signal before turning or merging
  • Tailgating or following another vehicle too closely
  • Aggressive driving
  • Reckless driving
  • Unlawful passing of a school bus
  • Improper passing on a hill or curve
  • Failure to obey traffic-control devices
  • Failure to obey a police officer
  • Driving under the influence of alcohol or drugs
  • Driving with an open container
  • Texting while driving
  • Racing on public highways or streets
  • Fleeing or attempting to elude an officer
  • Making an illegal U-turn
  • Failure to yield the proper right-of-way
  • Failure to remain within a single lane
  • HOV or emergency lane violations

Does a Traffic Citation Affect Fault in a Car Accident?

If a police officer issues a traffic citation after a Georgia car accident, it may or may not impact subsequent personal injury cases. It depends on how the citation is handled and the nature of the violation that led to the citation in the first place.

In this context, the most important thing to understand about a traffic citation is that it is essentially a type of criminal charge. On the other hand, a personal injury lawsuit is a civil case. Criminal cases and civil cases have many significant differences, and generally speaking, the outcome of a criminal case does not influence the determination of fault in a civil case. However, there are some exceptions.

In most accident-related personal injury cases, the court will not consider whether either driver was charged with a traffic violation. But, if a driver who received a traffic citation voluntarily pleads guilty to the charge, their admission of guilt could be allowed as evidence in a civil personal injury case. Remember that paying a fine associated with a traffic ticket is legally the same as entering a voluntary guilty plea.

Some traffic citations will have no impact on the determination of fault in a personal injury case, even if the driver pleads guilty. For example, a violation such as driving without a seat belt, while dangerous, could not cause a collision. This citation would likely not affect fault in a car accident case.

In Georgia, courts follow what’s known as a modified comparative negligence doctrine. Under this doctrine, accident victims are eligible to recover compensation as long as they are not assigned 50 percent or more of the overall fault for the crash. If you suspect a traffic citation may swing the balance of fault in your accident case, it’s a good idea to work with a knowledgeable car accident lawyer who can protect you from liability and establish a strong claim for fair compensation.

What Other Factors Are Considered in Car Accident Injury Claims?

Investigators, insurance adjusters, and courts will consider many factors when determining fault in a car accident injury case. Here are some common sources of evidence in accident claims:

  • Photos and videos from the scene – Photos of vehicle damage, visible injuries, skid marks, and other parts of the accident scene can show how the aftermath of the crash looked. Videos from traffic cameras, dash cams, and private security cameras may capture exactly what happened as the accident occurred.
  • Medical records, bills, and other documentation – Your medical records, bills, pay stubs, and other relevant documentation can demonstrate the extent of your accident-related financial losses.
  • Information from police accident reports – In addition to details about any citations, police accident reports often contain helpful information such as toxicology test results, diagrams of the accident, and law enforcement’s opinions regarding who was at fault.
  • Statements from eyewitnesses – Statements from third-party eyewitnesses who saw the crash can be a valuable source of unbiased information.
  • Testimony from expert witnesses – Expert witnesses such as medical professionals and accident reconstruction specialists can provide professional, reliable testimony about the causes and effects of the crash.

How Can a Lawyer Help You After a Car Accident?

It’s possible to handle a car accident case independently, but doing so can be difficult. You are significantly more likely to obtain the total and fair compensation you deserve for your losses when you work with a qualified attorney who can help you by:

  • Explaining your legal rights and the laws that could affect your case
  • Conducting an independent investigation into the accident to uncover valuable evidence and determine who was at fault
  • Challenging any traffic citations you received that could affect your case
  • Communicating with insurance companies and other third parties on your behalf
  • Managing critical legal documents and deadlines on your behalf
  • Negotiating aggressively to maximize your take-home compensation
  • Representing you in court if you must sue for fair compensation

Contact a Georgia Car Accident Lawyer Today

If you were injured in a Georgia car accident involving one or more traffic citations, contact Adamson & Cleveland, LLC today. We can review the details of your case and help you determine the best way forward in a free initial case review.

The post How Traffic Tickets Affect Car Accident Injury Claims appeared first on Adamson & Cleveland, LLC.

Tuesday, January 4, 2022

How Much Does it Cost to Hire a Personal Injury Lawyer?

If you have been injured in an accident that someone else caused, you may be facing costly hospital bills and rehabilitative care expenses. If you are unable to work or earn income for a lengthy period of time, you may experience financial stress.

Many injury victims are hesitant to talk to a lawyer because they believe that they cannot afford a lawyer. You might feel the same way. But what you might not realize is that most personal injury attorneys handle cases on a contingency fee basis. The initial case review is typically free. And you will not owe any legal fee unless the attorney obtains compensation for you.

We’ll discuss why it’s worthwhile to consult with a personal injury attorney if you have been injured in an accident caused by someone else and you are facing an expensive road to recovery.

Should I Hire a Personal Injury Attorney?

Trying to handle an injury case on your own can be stressful and overwhelming, especially if you are still trying to recover from your injuries. The claims process is complex. You may not have the energy or resources to conduct your own investigation into the accident. Even if you do, you are likely to be less familiar with the types of evidence to look for to build the strongest case possible.

If you have been injured and someone else is responsible, then you should have an attorney review the details and discuss the options available to you. A personal injury attorney can handle every aspect of your case for you while you focus on getting better and rebuilding your life.

A seasoned personal injury attorney can:

  • Conduct a thorough investigation into the accident.
  • Identify and preserve evidence to support your case, including surveillance camera footage, police reports, witness testimony, accident reconstruction expert testimony, and photo evidence.
  • Determine liability based on the evidence collected.
  • Document the financial losses you have suffered due to the accident, including medical bills, lost income, and property damage. An experienced attorney will be able to quantify your non-financial losses, such as the pain and suffering you endured.
  • Negotiate with the insurance company. Insurance companies are for-profit entities, and insurance adjusters may use various tactics to reduce or deny your claim. If you try to negotiate with an insurance adjuster on your own, you may be pressured to accept an offer that is less than the fair value of the claim. An experienced personal injury attorney will know how to counter insurers’ tactics and can vigorously negotiate on your behalf. This will improve your chances of recovering the full compensation you need.
  • Take your case to trial, if necessary. If the insurance company refuses to negotiate in good faith and a settlement can’t be reached, your attorney can file a personal injury lawsuit on your behalf and present your case in court. It is imperative to have the representation of a skilled trial attorney during the court process. An experienced personal injury attorney will fiercely advocate for your interests.

Hiring a personal injury attorney should not add to your financial burden.

Contingency Fees

Most personal injury attorneys handle injury cases on a contingency basis. The purpose of contingency fees is to make it easier for injured individuals to get the legal help they need.

Typically, an attorney hired through a contingency arrangement will only get paid a legal fee if the attorney secures compensation for the client through a settlement or a court award. Essentially, your attorney won’t get paid if you do not get paid. If your attorney does secure compensation for you, the attorney will charge an agreed-upon percentage of the final settlement or verdict.

There are different kinds of contingency fee arrangements. Some law firms use a sliding scale fee structure. The legal fee may be one percentage if the case is settled without a lawsuit, and a higher percentage if the case goes to trial. If you are considering hiring a personal injury attorney, you need to understand what the attorney’s contingency fee structure is.

At Adamson & Cleveland, we have one percentage that we charge whether we settle the case before filing a lawsuit or take it to trial. Contingency fees incentivize attorneys to take cases that have potential and to work hard to secure compensation for their clients.

Ask your attorney about their legal fees at your initial meeting to determine what percentage of your settlement they would receive.

Court Costs and Other Expenses

You should also clarify whether you will be responsible for the court fees and other expenses, including those associated with:

  • Court filings
  • Court reporters/stenographers
  • Medical records
  • Accident reports
  • Expert witnesses
  • Trial exhibits

Attorneys differ on how they charge clients for these expenses. It’s important to discuss court costs and other fees with your lawyer at your initial meeting. Some lawyers will charge you in monthly installments as costs are incurred. Other lawyers might opt to deduct these costs from any settlement.

It’s impossible to know precisely how much these extra costs will amount to, but in general, the longer your case takes to resolve, the more expenses you are likely to incur. Many personal injury cases settle before they make it to trial because trials are costly and time-consuming for everyone involved, including the insurance companies.

Read Your Contingent Fee Agreement

Georgia attorneys are required to put their contingency fees in writing. You should thoroughly read and review the agreement before you sign. This document will also outline how and when you will pay for expenses related to your personal injury lawsuit. At Adamson & Cleveland, we make a point of going over the contingency fee agreement with clients to make sure they understand it.

How Can a Personal Injury Attorney Help Your Case?

If you were injured due to another person’s negligence, you may be eligible to pursue compensation. If you are facing steep medical bills and other costs as the result of your injury, it is important to consult with an attorney.

The more serious and costly your injury is, the more critical it is to consult an experienced personal injury attorney. If you try to negotiate a settlement with the insurance company on your own, you may end up with a settlement that doesn’t cover your expenses. The last thing you should have to do is pay out of pocket for injuries that aren’t your fault.

The personal injury attorneys at Adamson & Cleveland, LLC can help you seek the full compensation you need to recover physically and financially if you have been harmed by someone else’s carelessness or disregard for safety. Our attorneys are prepared to review your case thoroughly, collect evidence to support it, and craft a strategy to pursue your desired outcome.

Contact us today for a free initial consultation.

The post How Much Does it Cost to Hire a Personal Injury Lawyer? appeared first on Adamson & Cleveland, LLC.

Monday, November 29, 2021

What Is the Police Officer Role in a Car Accident Case in Georgia?

After a car accident in Georgia, one of your first steps should be to contact local police for help. In fact, Georgia law requires you to notify the police if an accident results in significant property damage, bodily injury, or death. You should always summon the police if involved in a collision.

When a Georgia police officer arrives at the accident scene, the officer typically takes certain steps including requesting emergency medical services, securing the accident scene, redirecting traffic to prevent additional injuries, and removing wrecked vehicles from the road. The investigating officer fills out a police accident report and documents the basic facts about the accident such as who was involved and how it occurred.

If you were involved in a Georgia car accident, you may be wondering exactly how a police officer’s report and opinions could affect your case. Below, we discuss the police officer’s role in a car accident case in Georgia and what you should do after a crash caused by another driver.

Do Police Always Investigate Car Accidents?

Georgia police officers typically do not respond to car accidents unless they result in injuries, death, or $500 or more in vehicle damage. Drivers involved in fender benders and other minor car accidents that don’t cause significant harm are generally left to handle matters themselves. But you should always report the car accident to the police.

When police officers investigate car accidents, they usually begin by interviewing the drivers and passengers involved and any witnesses who saw the collision occur. They examine the physical evidence at the crash scene, such as vehicle damage and skid marks on the road, to determine what happened.

Depending on their findings, police officers may issue tickets to drivers who they believe may have violated the law. The investigating officer will prepare a police accident report to summarize their findings. The reports contain statements regarding the officer’s professional opinion of how the accident occurred or who was at fault in many cases.

What Happens If Someone Received a Traffic Ticket in a Georgia Car Accident Injury Case?

If a driver involved in a Georgia car accident received a traffic ticket, you might assume the ticket automatically proves that the driver was at fault. If you received a traffic ticket after the accident, you may be worried about how the traffic violation could damage your case.

It’s important to understand that a traffic ticket alone is not proof that anyone caused an accident. When a police officer issues a traffic ticket, the officer effectively accuses the recipient of violating traffic laws based on the officer’s investigation of the crash. The ticket itself, however, does not prove the ticketed person is guilty of the alleged offense.

In most cases, the way a person handles a ticket after receiving it is more significant than the mere fact that a ticket was issued. Whether a traffic ticket is admissible as evidence in a civil trial of a personal injury lawsuit depends on how the ticket was resolved.

If a driver pays the fines associated with the ticket, the driver legally acknowledges their guilt concerning the traffic offense. Under these circumstances, the driver’s legal admission to a traffic violation may be presented to a Georgia jury to demonstrate that the ticketed driver’s negligence contributed to the accident.

Does the Police Officer’s Opinion Decide the Case?

Police officers issue tickets and draft accident reports based on interviewing witnesses and other information gathered at accident scenes. However, sometimes the facts of a car accident case prove their opinions are mistaken.

When an insurance claim is filed after a car accident, the insurance adjuster will look at the police accident report. But the insurance company may conduct its own review to determine who is at fault for the accident and whether a claimant receives compensation.

In a car accident injury lawsuit, a civil jury decides who may be at fault and whether compensation should be awarded. Insurance adjusters may rely on an investigating officer’s opinion to form their decisions, but the officer’s opinion is typically just one factor.

The police officer’s opinion of who was at fault in a car accident may not be admissible in a civil trial unless the police officer witnessed the accident.

What Happens If a Driver Pleads Not Guilty or Nolo Contendere to a Ticket?

If a ticketed driver pleads not guilty to a Georgia traffic ticket, the ticket is not admissible evidence in a future personal injury lawsuit, even if the courts find the driver guilty later on. This is also true if the driver pleads nolo contendere or “no contest” to the ticket.

A plea of no contest means you agree the facts of the case are accurate but do not admit fault. As a result, such a ticket would not typically be mentioned in court.

What Happens After a Car Accident That Wasn’t Your Fault in Georgia?

If you were involved in a Georgia traffic accident that wasn’t your fault, you could protect your legal rights to claim compensation by:

  • Seeking prompt medical attention for your injuries
  • Following your doctor’s orders and attending all follow-up appointments
  • Gathering evidence from the accident, such as photos and eyewitness statements
  • Keeping track of your medical bills, car repair invoices, and receipts from other accident-related expenses
  • Avoiding social media activity or making statements to other parties about the accident while your claim is pending
  • Contacting a knowledgeable Georgia car accident attorney for legal advice

Contact a Georgia Car Accident Attorney Today

If you were involved in a car accident in Georgia, you may be entitled to seek compensation for your injuries and other accident-related losses. Your first call should be to the experienced Georgia car accident attorneys at Adamson & Cleveland. We’ll be ready to discuss your case at no charge and help you understand your options for seeking compensation. Call us or reach out online as soon as possible.

The post What Is the Police Officer Role in a Car Accident Case in Georgia? appeared first on Adamson & Cleveland, LLC.

Monday, November 8, 2021

How Do You Prove Liability in a Dog Bite Case in Georgia?

A dog bite or attack is a traumatizing experience for anyone. Trying to recover compensation from a negligent dog owner can be challenging in its own right. Dog bite cases are often complicated. It takes certain types of evidence to prove liability. If you are unsure what steps to take after a dog bite, you may inadvertently hurt your chances of recovering valuable compensation.

The legal team at Adamson & Cleveland, LLC, knows what is necessary to hold careless dog owners responsible for their pet’s actions. If you have been the victim of a dog bite or attack, learning how to prove liability can help your chances of building a successful claim. Below are tips to keep in mind when man’s best friend turns on you.

The best advice is to contact a dog bite attorney at Adamson & Cleveland for a free and confidential consultation now.

Can I Sue for a Dog Bite in Georgia?

The short answer is yes. Individuals injured by a dog may be able to sue the animal’s owner for compensation for losses related to their injuries. Typically, dog bite claims fall into the legal category of “personal injury.” In Georgia, an individual typically has two years from the date of the dog bite incident to file a personal injury lawsuit against the dog’s owner.

What Type of Evidence Do I Need in My Dog Bite Case?

To have the best chance to recover compensation for dog bite injuries, you must have evidence that proves the dog owner is liable for the bite. Georgia’s dog bite laws give victims several ways to prove liability.

First, a victim can use evidence to establish that the dog owner knew, or reasonably should have known, that their animal is aggressive or dangerous. Evidence that may support this claim includes police reports, animal control reports, and medical records. These documents may establish that the dog has bitten people or shown aggressive tendencies in the past, and the owner should have known their dog posed a risk to others. This evidence can help establish that the owner was negligent.

Georgia law also requires dogs to be leashed or under the owner’s control in most circumstances. Depending on local leash laws and ordinances, if the owner did not leash the dog or have it under control, that may be liable for damages the victim suffered in the attack. Photos, videos, and witness statements may help corroborate claims that the animal was not under control at the time of the bite and that the victim did not provoke the animal.

Does Georgia Homeowners’ Liability Insurance Cover Dog Bites?

In most cases, homeowners’ insurance policies will cover dog bite claims. Sometimes this is the most amicable way to get compensation for a dog bite injury, especially when an animal owned by a close friend or family member caused the injury.

The Insurance Information Institute estimates that injuries from dog bites cost insurers $854 million nationally in just one recent year. Their list ranks Georgia ninth in the nation for the number of dog bite claims made to insurers.

While most homeowners’ insurance policies do include coverage for dog bites, there are some notable exceptions, depending on the insurance provider. Some providers will not cover a dog bite if the insurer has breed restrictions in place. Some insurers will refuse to cover dogs considered “dangerous breeds” or “high-risk” in terms of biting and aggression.

Pitbull on a leash strolling the park.Often the breeds include pit bulls, Rottweilers, and sometimes German shepherds, but the list can vary depending on the provider. Additionally, a policy may not cover dogs who already have a history of biting.

What Should I Do If a Dog Has Bitten Me in Georgia?

First, get medical attention immediately after sustaining a dog bite. Dogs are powerful animals, and a bite can cause immense physical damage. However, even minor bites can cause tissue damage and can quickly spread disease or become infected.

Dog bites can cause:

  • Puncture wounds
  • Scrapes 
  • Cuts 
  • Broken bones
  • Nerve damage 
  • Facial injuries 
  • MRSA
  • Tetanus
  • Pasteurella 
  • Capnocytophaga 
  • Rabies 

Medical documentation is also an essential element of any dog bite claim. Be sure to keep all doctor’s follow-up appointments and thoroughly follow the doctor’s treatment plan.

Contact animal control officers if your community provides these services.

If possible, get the name of the animal’s owner and their contact information. Try to gather witness contact information as well. See if the dog’s owner can provide the vaccination records of their animal as well.

Take pictures of your wounds and try to keep all clothing you wore at the time of the incident. Do not wash it or throw it away since it may provide vital evidence in a dog bite claim. You should also refrain from discussing the incident on social media. Your words, no matter how innocent they seem, may be twisted or used against you in court or by an insurer.

If a dog has bitten you, you need to consult with an experienced dog bite attorney. An attorney can help investigate the incident and gather crucial evidence for your claim. An attorney can also handle all communication and negotiation with the liable party’s insurer. Legal representation can help maximize your chances of obtaining full and fair compensation for your injuries.

Get Help from Our Experienced Georgia Dog Bite Lawyers

If a dog has bitten you or someone close to you, talk to the legal team at Adamson & Cleveland, LLC, today. We have been helping injured people in Georgia recover compensation for years. We want to help you pursue the money you deserve.

You shouldn’t have to suffer financial strain and tackle a complicated dog bite case on your own. Let us leverage our experience and resources to protect your rights and interests. Contact us today for a free, no-obligation consultation.

The post How Do You Prove Liability in a Dog Bite Case in Georgia? appeared first on Adamson & Cleveland, LLC.

Monday, November 1, 2021

Should I Give a Recorded Statement After an Accident in Georgia?

If you have received a request from an adjuster for a recorded statement after a Georgia car accident, your mind may be spinning with questions. Are you required to provide a statement to the insurance company? Could a statement help or hurt your case? Is there anything you should avoid saying?

At Adamson & Cleveland, LLC, these are some of the most frequently asked questions we receive from the Georgia car accident victims we represent. Below, we discuss whether or not you should give a recorded statement and what you can do to support your claim for compensation after a crash.

Contact us today to talk to our respected team about your Georgia car accident case in a free initial consultation.

Should I Give a Statement to the Insurance Provider?

After a Georgia car accident, an adjuster from the other driver’s insurance company will likely contact you. They might ask you to provide a written or oral statement about the accident that led to the claim. If they do, your first instinct may be to comply with their request without thinking. However, you are not required to speak to the other driver’s insurance company and are almost always better off not making any statements.

When insurance adjusters ask for statements, they usually do so to lock you into a particular story and then pick at that story for excuses to minimize or deny your claim. They may ask you leading questions with the intent of implying that you were at fault. They can twist your words and take them out of context. If you apologize for any aspect of the accident – perhaps simply expressing regret that an accident occurred – or get your facts confused, they may take your statement as an admission of guilt or a disqualifying inconsistency.

If you must provide information to the other driver’s insurance company at any point, it’s best to contact a personal injury lawyer immediately. A trusted attorney can help you understand what to say and what not to say to the adjuster or even communicate with the insurance company on your behalf.

How Should I Handle Requests from the Other Driver’s Insurance Company?

In general, you should allow an experienced attorney to handle all requests from the other driver’s insurance company. There is a good chance that any innocent statement you might provide could be used against you in some way, whether or not you were at fault for the crash.

The insurance adjuster may try to tell you that acquiescing to their requests and providing a recorded statement is the best way to speed up your case. However, faster doesn’t always mean better. A recorded statement may be just what the adjuster needs to undermine your claim and justify paying you less than they should.

If your case ever goes to trial, your recorded statement may be compared to the testimony you provide in court. If there are any discrepancies across multiple retellings of the same story, the other side can use those irregularities as an excuse to call your statements unreliable. Additionally, if you provide a recorded statement while your medical condition is still developing, the statement may be used to refute future claims of new symptoms or complications.

It’s better to avoid giving a recorded statement to the other driver’s insurance company without first seeking advice from a personal injury lawyer. It’s best to simply have a knowledgeable lawyer to communicate with the insurance company on your behalf.

How Can They Use My Words Against Me?

When you agree to speak to an insurance adjuster representing the other driver, they can be very clever about finding ways to use anything you say against you. Your statement could be used to:

  • Assign blame for “admissions of guilt” – As a polite individual, you may unthinkingly apologize or admit to mistakes as you recount the details of the accident. However, insurance adjusters will likely choose to interpret these types of statements as admissions of guilt and use them to deny your claim or reduce the value of your claim by assigning you partial fault for the crash.
  • Look for errors and inconsistencies – After you provide a written or recorded statement, insurance adjusters can scour every word for factual errors and inconsistencies. They can take statements out of context or twist the meaning of your words. They can cite small mistakes to argue that your word is unreliable or dishonest and use this to minimize your payout.
  • Dispute the severity of your injuries – If you tell the insurance adjuster about any pre-existing conditions or give the impression that your injuries are not that serious – many modest people tend to downplay the severity of their injuries – they can use your words to argue that the other driver’s actions did not cause your injuries or deny you compensation for your medical expenses.

Do I Have to Give a Statement to My Own Insurance Company?

Yes, you usually have to talk to your own auto insurance company. Most policies contain clauses that require you to provide a recorded statement if an adjuster from your insurance company asks for one. Even if that is not the case, you typically still need to report the crash to your insurer.

Remember that just because you pay premiums to “your” insurance provider does not necessarily mean they are looking out for you. Just like the other driver’s insurance company, your provider can penalize you by minimizing compensation or raising your insurance rates if they determine you are at fault. You can talk to a personal injury lawyer for advice on communicating with your own insurance company.

What Should I Do After a Traffic Crash in Georgia?

You can safeguard your right to seek fair compensation for your losses after a Georgia traffic accident by:

  • Seeking prompt medical attention to determine the extent of your injuries, obtain the treatment you need, and create a formal record of your condition
  • Following your doctor’s treatment recommendations to protect your health and demonstrate that you are taking your recovery seriously
  • Preserving evidence from the accident scene, such as photos, statements from eyewitnesses, and your own written recollection of how the crash occurred
  • Keeping track of all medical bills, repair invoices, pay stubs, and proof of other financial losses related to the accident and your resulting injuries
  • Contacting a skilled personal injury lawyer as soon as possible

Contact Adamson & Cleveland Today

If you were injured in a Georgia car accident, the personal injury lawyers of Adamson & Cleveland, LLC, can handle all communications with insurers and other parties on your behalf so you can focus on healing.

Contact us today to learn more about how we can support your claim in a free initial case review.

The post Should I Give a Recorded Statement After an Accident in Georgia? appeared first on Adamson & Cleveland, LLC.

Wednesday, October 27, 2021

Estate Planning in Georgia

Proper estate planning allows you to preserve the assets you’ve worked many years to acquire and distribute them as you direct following your death. A carefully crafted estate plan can also address management of your financial and personal affairs in the event you become incapacitated. It is a gift to your family and to yourself to have these matters settled and your wishes clear.

For the peace of mind of knowing that your legacy will be preserved and your loved ones protected, contact an estate planning attorney at Adamson & Cleveland, LLC in Georgia today.

An experienced estate planning lawyer can meet with you during a free consultation and discuss what is necessary to ensure your family’s future.

Why Is Estate Planning So Important?

Our estate planning lawyers can help you make forward-looking decisions about the final disposition of your estate and personal property and about your end-of-life medical care. Having your desires set down in legal documents ensures that your wishes are carried out when the time comes. It can save your family time and money.

Without proper documentation, such as a will, a living will, and a power of attorney, other people whom you may not know will be in a position to make decisions affecting you and/or your family’s lives.

When someone dies without a will, the person is said to have died intestate. The courts must distribute the deceased’s property as required by Georgia state law without regard to what the person might have desired. If you were incapacitated by a stroke, car accident or a fall and could not make decisions about your health care, a judge may make decisions about your end-of-life care, particularly if family members disagree.

Estate planning can help ensure that your assets are distributed according to your desires and minimize taxes and other costs.

How Does a Last Will and Testament Work?

A last will and testament directs how the assets you own are to be distributed after your passing, such as to your children or other heirs. A will also can designate guardians for your underage children.

When a person dies, their estate goes through a legal process known as probate supervised by a local probate court. Probate is meant to ensure the deceased’s creditors and taxes are paid and leftover assets are then disbursed legally.

A will and last testament is the primary legal instrument that the probate court will rely upon to ensure that the estate is settled as desired by the deceased.

Without a will, the court will rely on Georgia’s laws of intestate succession to distribute assets. The laws require that assets go to the deceased’s closest relatives, typically children and a spouse, who split assets evenly, or if they do not exist, then other descendants (e.g., grandchildren), then parents, then siblings. If the deceased died intestate and had no spouse, children, or parents, then their siblings would inherit their estate.

Why Should You Give Someone Power of Attorney?

Giving another person power of attorney allows them to make decisions on your behalf. The power of attorney document specifies what powers you are granting your “agent” or “attorney in fact” and when those powers are to take effect and end.

It is a good safety measure to designate a trusted family member, friend, or business associate as your power of attorney to make decisions should you become unable to speak or act for yourself. A power of attorney that remains in effect even if you become incapacitated is called a durable power of attorney. Usually, a power attorney takes the form of a:

  • Healthcare power of attorney. This allows your agent to see medical records and be advised of your condition by doctors and make healthcare decisions for you. Along with a healthcare power of attorney, you may establish a living will, which establishes whether you want life-saving measures carried out and under what circumstances you would want them discontinued.
  • Financial power of attorney. This allows your agent to make financial decisions for you, which may range from paying your bills to directing tax and investment strategy or selling off assets.
  • General power of attorney. This typically combines financial and healthcare authority and/or other responsibilities as spelled out in the document, such as ensuring your general welfare and upkeep.

A power of attorney can generally be drafted to grant authority as specified, though a power of attorney cannot transfer the power to make or alter a will. A power of attorney ceases upon the principal’s death.

What Are the Benefits of Establishing a Trust?

A trust allows its trustees to manage assets held by the trust agreement. The bylaws of the trust specify what may be done with the assets held in the trust. A trust can be used to avoid going through the public probate process.

Upon your death, your assets are owned by the trust, so they are not part of your probated estate. Meanwhile, the successor trustee takes control of the trust’s assets without the matter being aired in probate court.

In an irrevocable trust, assets and appreciation on those assets over time can be sheltered from estate tax after your death. A revocable trust doesn’t offer the same protection, but you remain able to change the terms of the trust agreement at any time.

Trusts may be established for numerous purposes. Trusts may name beneficiaries, such as children or grandchildren, and designate when they receive a benefit (usually money) from the trust.

Contact our Georgia Estate Planning Attorneys Today

Our Georgia estate planning attorneys at Adamson & Cleveland, LLC can help you plan for the future and maximize the value of your estate by minimizing taxes and planning for the orderly transfer of assets outside of the probate process. When the time comes, our firm will be there to facilitate the transfer of assets and explain to family members, heirs, and beneficiaries their rights and obligations under the terms you specifically left behind in your estate plan.

Don’t wait any longer. Contact Adamson & Cleveland, LLC, today for a free consultation with a Georgia estate planning lawyer. We’ll review how our firm can help you put together an estate plan that serves your goals, protects your wealth, and provides for your family and heirs.

The post Estate Planning in Georgia appeared first on Adamson & Cleveland, LLC.

Monday, October 4, 2021

What Are Hospital Liens in Georgia Car Accident Cases?

If you were injured in a Georgia car accident caused by a negligent driver, you might have been rushed to the hospital for emergency care. Federal law requires hospitals to provide emergency treatment to anyone with a severe or life-threatening medical condition, regardless of their insurance coverage or ability to pay.

However, hospitals really don’t like eating the costs of providing emergency care. They will go to great lengths to recoup as much money as they can, even if that means filing a lien against an injured accident victim. If you were expecting the at-fault driver’s insurance to cover your treatment expenses, a hospital lien might have come as a shock.

A hospital lien is not the same as a traditional lien, but it’s still a serious matter that can have a significant impact on your finances. To learn more, contact the knowledgeable Norcross car accident attorneys of Adamson & Cleveland, LLC, for a free initial case review.

What Is a Hospital Claim of Lien?

A lien is a special type of claim that gives the claimant a legal right to your assets as collateral for outstanding debts. If you fail to pay off a traditional lien, the lienholder can seize your assets as compensation for their losses. A hospital lien gives a hospital the right to demand a portion of any money you receive from an injury claim settlement as repayment for the costs of providing your care.

Hospitals typically stand to make more money when they take a chunk of victims’ injury settlements rather than going through the usual insurance channels. This is because insurance providers negotiate contracts with hospitals that allow the insurance companies to pay reduced prices for hospital services.

Claims document folder on the table.When hospitals attach liens to personal injury claims, they can charge full price for their services instead of accepting their usual negotiated rates. If you have your own health insurance coverage, the hospital may even discourage you from sending your bill to your health insurance provider for this exact reason.

A hospital lien could wipe out most or even all of any compensation you receive from a personal injury claim against the at-fault driver. If the hospital overcharges you for the treatment you received and the other driver’s insurance coverage doesn’t pay for all of it, you could be personally on the hook for the rest of the bill, even if the other driver was responsible for your injuries in the first place.

This is why it’s so important to work with an experienced personal injury attorney as soon as possible. An attorney can help you demand that the hospital send your bills to your insurance provider, negotiate for reduced healthcare billing costs, or even avoid a hospital lien altogether.

How Long Does a Medical Lien Last in Georgia?

Under Georgia law, hospitals have 75 days from the date when they discharge you to file a lien attached to your car accident claim. If a hospital fails to “perfect” its lien by complying with all legal deadlines and filing requirements, the lien would be invalid, and the hospital would lose its right to demand payment.

Georgia law also imposes a limit on the amount of time hospital lienholders have to sue for settlement money. The one-year statute of limitations for hospital lien lawsuits means that hospitals have only one year to file a lawsuit from the date when an insurance settlement or court verdict determines the at-fault driver’s liability. Otherwise, a hospital would no longer have grounds to demand repayment.

Do Hospital Liens Attach to Real Property in Georgia?

Hospital liens are not like traditional liens. A traditional lien gives the lienholder the right to sell any property subject to the lien to recoup their losses. With a hospital lien, the lienholder simply has the right to claim a portion of any money you receive from a personal injury claim against the at-fault driver.

Doctors carrying unconscious woman patient on hospital gurney to emergency.A hospital lien will not affect your home, your vehicle, or any other personal property you may own. However, you are still ultimately responsible for paying your hospital bills. If the other driver’s insurance coverage is not enough to cover the total costs of your medical care, the hospital may still file a lien for the balance they claim you “owe.”

They cannot legally bill you for this amount, but that won’t stop them from trying. A personal injury lawyer can help you stand your ground and fight back against greedy corporate tactics.

How Do I Remove a Hospital Lien in Georgia?

If you receive notice of a hospital lien after a Georgia car accident, it’s essential to stay calm and carefully think through your next actions. Several options for removing the lien could include:

  • Challenging the lien – If your attorney identifies any discrepancies in the lien itself, you could challenge the lien to prove the hospital’s claim is invalid.
  • Negotiating a lower amount – Your lawyer could engage in negotiations with the hospital’s billing department to convince them to either lower your bill or send the bill to your insurance provider.
  • Paying out-of-pocket – If you lack insurance coverage, you could pay your medical bill out-of-pocket to eliminate the lien. However, this should only be considered if you can afford to do so and have exhausted all other options first.

How Can a Lawyer Help Deal With Hospital Liens?

If you were injured in a Georgia car accident and received notice of a lien from the hospital that treated you, an attorney can guide you through the next steps by:

  • Reviewing the lien to identify possible discrepancies or ensure it is valid
  • Reviewing your hospital bills to ensure you were billed appropriately
  • Determining whether anyone has already paid any part of your hospital bill
  • Negotiating to reduce the value of the lien to a reasonable amount
  • Ensuring the lien is removed after your injury claim is settled

Our Law Firm Is Here To Help After An Accident

The attorneys of Adamson & Cleveland, LLC, have decades of experience working with Georgia car accident victims to reduce or eliminate hospital liens. If you were injured in an accident and received a lien from the hospital that treated you, there’s no need to handle it alone.

Contact us today for a free consultation to find out more about how we can help.

The post What Are Hospital Liens in Georgia Car Accident Cases? appeared first on Adamson & Cleveland, LLC.

Monday, September 20, 2021

Who Can Be Held Accountable for an Animal Attack?

A walk in the neighborhood or a visit to a friend’s home could turn into a traumatic event if an animal attacks you. A dog bite or another animal attack could result in serious injuries that have long-term consequences for the victim. Many victims of these attacks are young children, who are more likely to sustain severe injuries and need medical attention following an attack.

If you or your child has suffered injuries as a result of an animal attack, you may be entitled to compensation to cover your losses, such as your medical bills, lost wages, lost earning potential, and pain and suffering.

At the law firm of Adamson & Cleveland, we understand the extent of the pain and trauma that can follow an animal attack. We are here to help. We’ll take the time to get to know you and understand your needs so we can provide the best possible representation. We have a long track record of securing successful results for injured victims. We’re ready to dedicate ourselves to fighting for your rights and the financial recovery you need.

Contact us today to talk to a compassionate Georgia dog bite attorney. We want to make a positive impact on your life.

What Is Georgia’s Law for Dog Bites and Other Animal Attacks?

According to Georgia statute §51-2-7, a dog or other pet owner may be liable for the harm inflicted by their animal if:

  • The pet owner is responsible for a “vicious or dangerous animal of any kind.”
  • The pet owner fails to control their animal as a result of “careless management or allowing the animal to go at liberty.”
  • The injured party does not provoke the animal that bit or attacked them.

If someone’s dog bit someone in the past or showed other aggressive behaviors indicating that the dog is dangerous, they should take action to prevent their dog from harming someone. Safeguards could include keeping the dog on a leash or in an enclosure, for example. In addition to biting someone, aggressive behaviors that could indicate a dog is dangerous or vicious may include excessive growling or the animal charging or attempting to charge at other people.

An animal owner could also be held liable if they were violating local leash laws. While no statewide leash law is in place in Georgia, many cities and counties do have leash ordinances.

In addition, an animal attack victim may be able to hold a pet owner responsible for their injuries and losses by showing that the pet owner was negligent. For example, the owner may be considered at-fault for the attack if the victim went into the pet owner’s home, and the owner failed to take reasonable precautions to protect their visitor. Examples of precautions include warning the visitor not to pet their dog if the owner knew or reasonably should have known the dog was aggressive.

Broadly speaking, a responsible pet owner should know their animal’s behavior and tendencies and restrict the animal accordingly when in the presence of another person or animal.

Who Could Be Responsible for the Attack?

Every case is different, but in most cases, the person who controls the animal is responsible for a victim’s injuries and losses. “Control” may mean ownership of the animal, or it may mean someone who has primary care for the animal at the time of the attack.

Some of the parties who may be liable for a dog bite or animal attack include:

  • The animal’s owners
  • The landlord of a property, such as when the landlord failed to take measures to remove a dangerous animal or protect others from the dangerous animal
  • The owner of the property where an animal attack occurs
  • The parents of a minor who an animal attacks, such as when the parents keep an animal they know to be potentially dangerous
  • The animal care facility or business, such as a dog shelter or pet store, that failed to institute and follow proper safety protocols to keep other people safe

Common Injuries Experienced in Animal Attacks

Injuries suffered in a dog or animal attack range in type and severity. However, even a seemingly minor injury, such as a scratch, could quickly become dangerous if an infection develops or if rabies is possible.

Some of the common injuries resulting from animal attacks include:

  • Broken bones or crush injuries, such as when the animal grips a limb
  • Neck, head, and face injuries, especially in children
  • Eye injuries
  • Scarring and disfigurement
  • Nerve damage
  • Infections and diseases, such as rabies
  • Emotional and psychological harm, such as post-traumatic stress disorder
  • Abrasions, lacerations, and puncture wounds 

Depending on the extent of the injuries, it can take some victims months or even years to recover from an animal attack. Some injuries and emotional trauma may have lifelong consequences.

Types of Compensation for Georgia Dog Bites and Animal Attacks

The extent and the types of compensation you may be entitled to following a dog bite or other animal attack will depend on the circumstances of your case, such as the severity of your injuries, how long the injuries impact you, and whether you’re able to work. Another factor is whether you may be partially at fault for the injuries, which could reduce the compensation you receive.

You may be eligible for different types of compensation, including:

  • Cost of medical care resulting from hospital stays, emergency vehicle transportation, doctor appointments, prescriptions, and more
  • Lost wages, if you’re unable to work as you recover
  • Lost earning capacity, if your injuries result in long-term or permanent disabilities that affect your ability to return to work
  • Costs of long-term care, such as physical therapy or home care
  • Pain and suffering
  • Mental anguish

In rare cases, you may also be eligible to receive punitive damages if you show that the responsible party’s actions were especially egregious or reckless. Punitive damages aren’t intended to compensate the victim, though the victim does receive the money. Instead, they punish the at-fault party and deter others from engaging in similar behavior in the future.

Talk to a Dog Bite Lawyer for Free Today

We understand how devasting a dog bite or animal attack can be, and we also know how overwhelming it may feel to pursue an injury claim when you’re trying to recover. At Adamson & Cleveland, we’re highly experienced with these types of cases. Our compassionate legal team will work hard to take the pressure of your dog bite injury case off your shoulders so that you can focus on healing.

We are prepared to investigate the circumstances of the attack to build a strong case on your behalf and negotiate aggressively with insurance companies and defense lawyers to pursue the full and fair financial recovery you need to move forward. We’ll also be ready to take your case to court, when necessary, to fight for the outcome you deserve.

Contact us today for a free consultation with a knowledgeable Georgia dog bite attorney. Call us or get in touch with us online. We’re here to help.

The post Who Can Be Held Accountable for an Animal Attack? appeared first on Adamson & Cleveland, LLC.

Monday, August 30, 2021

How Long After a Dog Bite Can You Sue in Georgia?

Approximately 1,000 Americans are admitted to hospitals each day for emergency treatment related to dog bite injuries, according to DogsBite.org. It’s likely that these numbers are actually underreported because many people are afraid of getting the dog owners they know in trouble. Nevertheless, dog bite injuries are serious medical problems that often require costly medical care.

It’s important to understand that you have a right to file an insurance claim or even a lawsuit for dog bite injuries in Georgia if someone else’s dog attacked you without provocation. However, you must bring your case before the deadline passes.

Contact the Georgia dog bite attorneys of Adamson & Cleveland, LLC, now for a free case review to learn more.

How Long Does the Statute of Limitations Give You to Sue for a Dog Bite Lawsuit in Georgia?

The statute of limitations is a special law that defines the amount of time you have to take certain types of legal action, such as filing a dog bite lawsuit. The statute of limitations protects the rights of the accused, prevents the court systems from getting bogged down by excessive lawsuits, and ensures cases are reviewed before evidence goes missing.

When it comes to dog bite lawsuits, Georgia law gives victims two years to file a claim in civil court. This two-year time limit begins on the date when the dog bite occurred, which means that as soon as you sustained your injuries, the clock started ticking on your time to file a lawsuit.

Only a few narrow circumstances could extend the time to file a dog bite lawsuit in Georgia. Otherwise, your ability to bring a claim for your dog attack injuries will be lost once two years have passed.

Why Is It Best to Talk to a Lawyer as Soon as You Can After a Dog Bite?

Given that you have only two years after a dog bite incident to file a lawsuit, it’s in your best interest to discuss your situation with a lawyer as soon as possible, even if you aren’t sure you want to sue yet. The lawyers of Adamson & Cleveland, LLC, provide free case reviews so you can voice your concerns and learn more about your options before you make any big decisions.

If you decide you want to sue, it’s important to remember that there is a lot your attorney will need to do before they can actually file a lawsuit on your behalf. They will likely need to investigate your claim, gather evidence, and engage in one or more rounds of negotiation with the dog owner’s insurance company before it’s time to file.

If your lawsuit is not filed before the two-year deadline expires, the court will likely dismiss your case. If this occurs, you will lose your right to demand compensation for your losses, even if you have a solid underlying case.

What Happens After a Dog Bite is Reported in Georgia?

Sometimes, dog bite victims don’t want to file reports because they know the dog owner and don’t want to get a family member, friend, or neighbor in trouble. However, it’s always important to report dog bite incidents to protect others from potential future attacks and provide supporting evidence for your dog bite claim.

Keep in mind, too, that your friend, relative, or neighbor likely has homeowners’ insurance or renters’ insurance that could provide coverage for your claim. That means you don’t have to worry about taking money out of the dog owner’s pocket.

After you file a dog bite report in Georgia, the owner may receive a citation. This does not mean their insurance policy will automatically pay for your claim or that any lawsuits you file will be successful.

If the dog bite resulted in open wounds, the owner might also be required to quarantine their dog for at least 10 days. If this was not the first time the dog attacked a person, the owner might owe the victim punitive damages. Punitive damages are designed to punish the negligent owner and discourage similar behavior in the future.

Does Georgia Have a One-Bite Rule?

Some state laws include a “one-bite” rule that says dog owners are generally only liable for dog bite injuries if their dog has bitten someone else in the past or if they knew or should have known the dog was likely to be dangerous. Georgia courts do not follow the one-bite rule.

In Georgia, dog owners are only liable for dog bite injuries if bite victims can prove:

  • The owner knew or should have known their dog was dangerous and likely to bite someone.
  • The owner was careless in keeping their dog properly leashed or restrained as required by local ordinances.
  • The victim did nothing to provoke the dog or encourage it to attack.

 Talk to Our Animal Attack Law Firm, Today

Dog bite injuries can cause severe injuries with long-lasting and expensive consequences. If you were bitten through no fault of your own, you shouldn’t be responsible for the costs of your recovery.

The experienced dog bite attorneys at Adamson & Cleveland, LLC, can help you navigate the legal process of filing your claim and negotiate aggressively for the money you deserve. Contact us today to discuss the details of your Georgia dog bite accident case in a free initial consultation.

The post How Long After a Dog Bite Can You Sue in Georgia? appeared first on Adamson & Cleveland, LLC.

Monday, August 16, 2021

Is Georgia a Strict Liability State for Dog Bites?

Georgia law holds dog owners financially liable for bites or other injuries that occur if their dogs run loose in violation of local leash laws or are known to be potentially dangerous.

Under Georgia’s dog bite law, dog owners have a legal duty to control their pets. Dog owners may be held financially responsible for injuries inflicted by their unleashed or leashed dogs regardless of whether they should have known the dog might harm someone. If the dog owner violates local leash laws requiring the animal to stay on a leash or under voice command, the owner may be liable for injuries caused by the dog.

What this means is that if you or your child, or elderly parent is attacked and injured by a dog, the Georgia dog bite attorneys at Adamson & Cleveland, LLC can help you hold the negligent dog owner accountable for your medical bills, pain, and suffering and more. Our personal injury attorneys provide professional legal representation with a personal touch. We understand the trauma that accompanies a vicious dog attack. We care about your physical and emotional recovery from your injuries, as well as your financial recovery.

Contact us today for a free consultation to discuss your legal options if you have been injured by someone else’s dog or another animal kept as a pet. We represent clients in Norcross, Atlanta, Athens, and across Georgia.

What Does Georgia’s Dog Bite Law Say?

Georgia law holds dog owners strictly liable for bites and injuries that occur while their dogs are in violation of local leash laws, regardless of whether the animal had previously bitten anyone. Most Georgia counties have leash laws that stipulate how and when a dog must be restrained.

If a leash law violation did not occur, then the dog bite victim would need to prove that the dog should be classified as a dangerous dog in order to hold the dog owner financially accountable.

Georgia’s Responsible Dog Ownership Law

Some dogs are known to be aggressive and may be legally classified as dangerous or vicious.

Georgia law defines a dangerous dog as one that:

  • Inflicts a severe injury on a human being without provocation
  • Aggressively bites, attacks, or endangers the safety of humans without provocation after the dog has been classified as a potentially dangerous dog.

These definitions do not apply to dogs working with law enforcement. The law generally does not protect people who are trespassing when attacked or who were tormenting or assaulting the dog at the time or had been known to torment or abuse the dog previously.

A dog owner may be held liable for injuries their dangerous dog inflicts injury, if:

  • The dog is considered a vicious or dangerous animal and
  • The owner allowed the dog to run loose or is otherwise guilty of careless management of the animal and
  • The person attacked did not provoke the dog.

Holding a Georgia Dog Owner Liable for a Bite or Attack Injury

If you have been bitten or attacked by a dog in Georgia, you may have a right to hold the dog’s owner financially responsible for the harm you have suffered. Dog bite claims are usually paid through the dog owner’s homeowner’s insurance.

Georgia ranked 7th among the top 10 states with 129 dog-related insurance claims in 2020, according to State Farm Insurance. The claims totaled $5.2 million. You should not forego a claim against a neighbor or someone else you know because you think you may harm them financially. You are most likely not taking money out of their pocket.

To be successful, a dog bite claim would show that:

  • The dog was allowed to attack you
  • The attack caused you physical and/or mental injury and financial loss
  • Compensation can make up for your damages.

Even if you are found to be partially responsible for your injuries, you may still recover compensation. Georgia personal injury law follows a doctrine of comparative negligence, which means a court would consider how much you were at fault for your injury. If you are found to share fault, the amount of compensation awarded by a jury would be reduced accordingly.

For example, if you were beating a dog and it bit you, you would not have a valid claim. But if a dog was barking, and when you yelled at it to stop, it attacked you, you might be found partially responsible for the attack. If a jury decided that made you 20% responsible for your injuries, its original award of $100,000 in damages would be reduced to $80,000. You would be able to recover some amount of damages in a claim unless you were found to be 50% or more responsible for your injuries.

As your attorneys, we would argue the facts of the case and seek to mitigate the impact of any evidence that put blame on you. Most dog bite claims are settled through negotiations with insurers.

Children and Dog Bites in Georgia

Unfortunately, children are often the victims of dog bites. They are naturally drawn to dogs and are less likely to recognize signs that a dog is aggressive or feels threatened. Children also are less able to fend off an attacking dog.

The law and the courts recognize that at a very young age, children may unknowingly treat a dog badly and provoke a bite or an attack. Young children are not expected to understand the concept of trespassing.

Therefore, if a young child trespassed or provoked a dog that injured the child, the child’s parents may still be able to hold a negligent dog owner liable for the child’s injuries.

Contact Our Norcross Dog Bite Attorneys

If you or a loved one has been injured by a dog attack in Norcross, Atlanta, Athens, or anywhere else in Georgia, the dog bite attorneys of Adamson & Cleveland, LLC, can help you understand your legal options and seek the financial compensation available by law. While you focus on your recovery, let us gather evidence, deal with the insurers and ensure that Georgia’s dog bite statutes are applied correctly to your claim.

Contact us today for a free and confidential legal consultation about how we can help you seek compensation Georgia law says you should have.

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