FAQ

What types of cases are considered personal injury cases?

Many types of cases fall under the personal injury umbrella. Some examples of possible personal injury cases include:

  • Nursing home abuse
  • Severe adverse reactions to pharmaceutical drugs
  • Defective product injuries
  • Motor vehicle collisions
  • Slip and fall accidents
  • Automobile/pedestrian collisions

What is the “statute of limitations” for a personal injury claim?

The statute of limitations is the time period during which a lawsuit can be filed. In Georgia, this period is generally two years from the date of the injury or the negligence. In Georgia, for example, medical malpractice cases must be filed within two years from the time the claimant knew or should have known about his or her injury. Filing your case before the statute of limitations expires is paramount. If you wait too long to bring your claim, your potential case may be completely barred by Georgia law. This is one reason why it is critical to contact an attorney as soon as you suspect an injury may have occurred.

The statute of limitations is NOT the same for all types of cases, and there are exceptions to the general rule in dealing with children, foreign objects left in after a medical procedure and some situations involving criminal acts and pending criminal charges. Because of these things, you should always consult with an attorney as soon as possible to ensure your claim is adequately protected. If you have questions about your claim and want to speak with one of our Georgia personal injury lawyers, please call us toll free at 1-800-641-0098 or send us a confidential message via this website. All initial consultations are free of charge and will remain confidential.

How much will it cost to hire a personal injury attorney?

Typically, nothing. Childers, Schlueter & Smith does not require any fees up front. Instead, you will be charged on a contingency fee basis, which means that if you win or settle your case, your lawyer will receive a percentage of your recovery. If your case is not won or settled, you pay no attorney fees.

As for the expenses of your case (for example, hiring experts to testify in a medical malpractice case), we will pay these fees initially. If you win or settle your case, the attorneys will be reimbursed for their expenses out of the recovery. Different firms handle the payment of overhead expenses in one of two ways when a case is not won. Some will ask the client to repay these costs, while others will simply absorb them. Be sure to discuss the financial arrangements of your case with your attorney ahead of time so that you understand the fees for which you may be responsible.

Here at Childers, Schlueter & Smith, all initial consultations are free of charge and will remain confidential. During our consultation we will thoroughly discuss your case, make you aware of some of the legal implications it may face, and provide you a detailed strategy of how we will seek to maximize your claim.

Will you take my case?

This question must be answered on an individual basis because so many factors can affect whether or not a personal injury case will be successful. In an automobile collision case, for example, you must be able to demonstrate two critical elements: negligence and causation. First, you must be able to show that the other driver did not adhere to the required standard of care for operating a motor vehicle, and that the failure was negligent. Then you must be able to show causation – that the other driver’s negligence was the direct cause of your injuries. If your injuries are directly related to the accident or negligence of another, you are entitled to receive compensation for your loss under Georgia law. If these things cannot be successfully demonstrated, your case will not be successful.

If you believe that you may have a personal injury case, please give us a call toll free at 1-800-641-0098 or send us a confidential message via this website. At that time, we will review the details of your case with you, make you aware of your options, and come to a decision on how we should proceed in handling your claim.

What exactly does “pain and suffering” mean?

Pain and suffering is the legal term for the physical and emotional pains which result from an injury. An injured plaintiff is likely to seek compensation for actual money that is lost and for the pain and stress associated with his or her injury. As opposed to medical bills or lost wages, pain and suffering is part of “general damages.” There is no scientific formula to evaluating someone’s pain and suffering. Every injury and every injured person is different. Two people can have the same injury, and one can suffer little while the other suffers a great deal.

Some questions a jury will consider in determining the plaintiff’s pain and suffering are:

  • Did the victim have any pre-existing injuries?
  • Was he able to maintain his daily routine, or was he forced to change or reduce his daily activities?
  • Have his job responsibilities changed?
  • Has his injury impacted his family life?

These questions and many others factor into the evaluation of determining the extent and value of someone’s pain and suffering.

I am not from Georgia. Will Childers, Schlueter & Smith, LLC take my case?

Yes. As a preeminent law firm, our personal injury and wrongful death lawyers are devoted to helping victims nationwide receive compensation for their losses. Currently we represent injury victims in almost all 50 states, and we continue to do so on a regular basis. Our national approach helps us maximize the compensation and recovery our clients see both here in Georgia and all over the U.S. as a whole. In many instances, we often associate other well-qualified lawyers to act as local counsel on some of our cases. This benefit adds additional well-respected attorneys to your legal team without you incurring any additional attorney fees.

If you have questions about your personal injury claim, we are here to help.

Call us toll-free at (800) 641-0098