Author Archives: Schenk Smith LLC

Who brings a claim on behalf of children who are hurt?



If you or a loved one have been injured in a car accident or in a nursing home, then please call (678) 823-7678 and speak to an experienced Atlanta Personal Injury Lawyer at Schenk Smith today. Or, feel free to browse https://www.schenksmith.com for more information about your case.

When a child is injured in Georgia, there may be the same claims for personal injury against the negligent party that an injured adult would have. The main difference would be how the claim may be brought procedurally.

Like an adult, the child’s personal injury claim will include compensation for pain and suffering, otherwise known as general damages. The child will also be able to bring a claim for loss of income that will occur once the child reaches 18 years old.
A child’s personal injury claim will depart from the normal in this way: The parents or legal guardian will have a separate claim brought on their own behalf. This claim will be for compensation representing medical expenses and other costs incurred due to the injury up to the age of 18. For example, the cost of surgery, or the cost of other treatment.

A personal injury lawsuit filed by a minor is brought by a “guardian ad litem,” which most often is the parent.
Under Georgia law, a claim for wrongful death of a child is one claim and would be brought by both of the parents or by the legal guardian. This will be the case even when the parents are divorced or separated. In rare circumstances, and at the request of one of the parents, a Court may allocate the percentage of recovery between the parents based on evidence presented.

Generally, the statute of limitations for personal injury in Georgia is two years from the date of the injury. However, with injuries to children, the statute of limitations is ‘tolled’ or ‘continued’ until the child’s 18th birthday. An exception to this would be for injuries arising from medical malpractice.

If you or a loved one’s family has experienced an accident involving a child, the please, feel free to call and speak to one of our experienced Atlanta personal injury trial lawyers today. Our consultations are always free.

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How Long Does it Take for a Personal Injury Claim to Settle?



If you or a loved one have been injured in a car accident or in a nursing home, then please call (678) 823-7678 and speak to an experienced Atlanta Personal Injury Lawyer at Schenk Smith today. Or, feel free to browse https://www.schenksmith.com for more information about your case.

How long it takes to settle a personal injury claim will depend on several factors, including the extent of the injury and the at-fault driver’s insurance company. However, the primary indicator of how much time it will take to reach a settlement will be the time it takes for the client to reach maximum medical improvement.

Maximum medical improvement is the point in which the injury has either been completely resolved, or further medical treatment cannot improve the injury. So for example, in soft tissue accident, maximum medical improvement may be when the client is discharged from the treating chiropractor, physical therapist, or massage therapist, and is feeling as good he or she was prior to the car wreck.

Waiting until the client reaches maximum medical improvement is important because the at-fault driver’s insurance adjuster needs full and accurate information about the injury. When the adjuster knows the full injury, then full value may be placed on the claim.

After the client has reached that level, the car accident lawyer sends the adjuster a demand package. The demand package will contain the client’s medical records, evidence of lost wages, and other items. At this point, the negotiation process with the insurance company will begin. This can take from a few weeks to a month or so. It will depend on the degree of injury and the insurance company.

Generally, the statute of limitations for personal injury claims for car accidents in Georgia is two years, meaning two years from the time of the injury. As such, there may be times where it will be necessary for the car accident lawyer to file a lawsuit prior to the client reaching maximum medical improvement or prior to sending a demand.

If you or a loved on have been involved in a car or truck accident and have questions about how long it may take to resolve, it is important that you call and speak to one of our experienced Atlanta personal injury lawyers today.

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How do you determine the value of my personal injury claim?



If you or a loved one have been injured in a car accident or in a nursing home, then please call (678) 823-7678 and speak to an experienced Atlanta Personal Injury Lawyer at Schenk Smith today. Or, feel free to browse https://www.schenksmith.com for more information about your case.

The value of a personal injury claim is going to depend on several factors, from the permanency of your injuries, to the amount in lost wages and medical procedures, to the affect that the pain has had on your day to day activities. All of these and more all thrown into the calculation to determine the value of a personal injury claim.

One of the most important factors is the permanency of the injury. For many soft tissue injuries, the pain goes away with time in treatment. The same with cases involving a broken bone or simple skin abrasions. However, in more severe cases of bodily injury, the accident will remain for the remainder of the victim’s life. For example, where there is the loss of a limb, or serious disability, like when the victim can no longer walk without assistance from a cane. Where there are long lasting physical affects, the value of the claim may increase by large increments.

Another important factor is the amount and type of treatment received by the injured person. Generally, the more involved and protracted the treatment, the higher the value of the claim. In many car accident cases, clients may receive weeks or months of chiropractic treatment. These cases may often have less value than a case involving spinal surgery and a year of rehabilitation.

Yet another item that is considered when calculating the value of a claim is the level of change that the injury brings to the victim’s life. Some of our clients have missed weddings, births, graduations, or other life events due to pain or incapacitation. Others have not been able to continue with the activities that make life enjoyable, like horseback riding, hunting, hiking, or roughhousing with children.

These are just some of the considerations made when valuing a claim. If you or a loved one have been injured due to the negligence of another and you do not know whether your claim has value, then please, feel free to call and speak to one of our experienced Atlanta personal injury trial lawyers today. Our consultations are always free.

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