Roswell Personal Injury Lawyer

We handle lots of car accident cases.  The fallout from a seemingly simple car collision can be surprisingly complex.  Depending on the severity of the accident, personal injuries from the collision may be minor and only last for a few days or weeks, or they can last for years or a lifetime.  Medical bills can mount quickly if you don’t have health insurance or if the doctors you need won’t accept your health insurance.  Pain can keep you up at night, keep you out of work, or keep you from doing the things you care about.  Damage to your car can not only be a financial burden, but can make it harder to get to work or run basic errands.

If you sustained personal injuries, our Roswell car accident lawyers can help.  If your car was damaged but nobody was hurt, you may not need a lawyer at all – in that case, you should take a look at our Georgia Car Damage Manual.  If you’re not sure whether you need a car accident lawyer, you might take a look at our page about whether you should hire an attorney to assist you.

If you decide to hire a car accident lawyer, below are a few of the first steps you can anticipate in your case.

Gathering Fault Information.  The first step in any car accident case is preparing to prove how the accident happened and why.  The police report is a great place to start.  From there, a lawyer may contact witnesses or retain an accident reconstruction expert to inspect the scene of the collision and the pattern of damage to the involved vehicles.  The scene of the collision can contain lots of helpful clues like skid marks, debris patters, or gouges in the soft shoulder of the road.  Gathering information about fault can also include looking for surveillance videos and sending preservation-of-evidence letters.

Gathering Insurance Information.  Proving who caused the accident doesn’t do much good if there isn’t a pot of money from which a verdict or settlement can be collected.  Usually, that means insurance.  Within days of being hired, a car accident lawyer should send insurance request letters pursuant to O.C.G.A. § 33-3-28.  That Georgia law requires insurance companies to disclose the type and amount of insurance coverage that they provide within sixty days of receiving the letter.  Your lawyer will look for liability insurance, uninsured/underinsured motorist insurance, excess or umbrella insurance, or the insurance policies of any company for whom the at-fault driver was working at the time of the collision.

Gathering Medical Information.  As you receive medical treatment and hopefully begin to feel better, your legal team will start gathering records.  We prefer to order certified copies of your medical records so that if your case needs to go to trial, the records will be admissible and we’ll be ready to present them to a jury.  There may be more sets of medical records and medical bills than you would realize – for instance, the ambulance company, emergency room doctor, emergency room facility, and anesthesiologist may all bill separately, just to name one medical visit.  As you move through your medical treatment, a car accident lawyer will gather these records.

Filing the Case or Making a Settlement Offer.  A case can settle at any time, but many car accident attorneys like to send offers (sometimes called “demands”) just before a case is filed.  Whether and when to send a demand varies on a case-by-case basis, and is a decision for you to make with your lawyer.

Discovery Period.  Once a case is filed and the defendant has responded with an “Answer,” the discovery period commences.  During the discovery period, both parties acquire evidence from the other.  Typically, each party serves written discovery requests upon the other, consisting of Interrogatories, Requests for Production, and Requests for Admission.  The parties also take depositions, which means that witnesses are questioned under oath outside of the courtroom.  Typically, depositions are taken of each party and the most important witnesses.  By rule, the discovery period lasts six months, but in practice, it often lasts much longer, particularly in busy courts like Fulton County and metropolitan Atlanta.

Trial.  This is where the rubber meets the road: two parties arguing it out in front of judge and jury.  The vast majority of cases settle before this point, but if they don’t, the judge and jury will resolve the matter.  Typically, the judge decides what evidence and arguments can be presented to the jury, and the jury decides who was at fault and how much compensation the injured party will receive.  This is the part of the litigation process that movies are made about.

Nature trails, rivers, and highly-rated restaurants make Roswell a pedestrian friendly city.  It’s not uncommon to see residents and tourists walking on Canton Street and around the city.

Pedestrians are supposed to cross the street in the crosswalk.  But even when pedestrians do what they’re supposed to do, drivers don’t always see them.

The Uniform Rules of the Road set out rules that govern all drivers.  Some of the rules that govern motorists and pedestrians include:

1. O.C.G.A. § 40-6-91: motorists must stop their cars and yield to pedestrians who are walking in a crosswalk;
2. O.C.G.A. § 40-6-93: motorists must exercise due care for pedestrians who are walking on the road;
3. O.C.G.A. § 40-6-180: motorists must drive at a reasonable and prudent speed;
4. O.C.G..A § 40-6-390: motorists must not drive recklessly.

At a minimum, all motorists must always keep a proper lookout ahead.

Unfortunately, motorists don’t always follow these rules. When they don’t, pedestrians suffer the consequences.  Our Roswell injury lawyers know which laws to apply and how to make insurance companies pay for pedestrian accidents so that our clients can make the best possible recovery.

Many Roswell residents enjoy spending time in the beautiful outdoors that Roswell offers.  For that reason it’s common to see outdoor enthusiasts cycling on Roswell’s roads and on trails.

Cycling providers a healthy and enjoyable exercise, and it gives people the chance to experience nature.

Unfortunately, cycling is not without its risks.  While cycling is supposed to be safe, that isn’t always the case, and bicycle accidents do happen.  Our Roswell injury lawyers understand the risks that bicycle riders face.  We understand that cyclists and motorists have rights.  When those rights are violated we know how to hold the offending parties and their insurance companies accountable.

Drivers owe a duty of care to bicyclists just as they do to anyone on the road. However, bicycling near motor vehicles carries risks. When a motorist doesn’t see a bicycle, the motorist may violate the bicyclist’s right of way.  Common causes of bicycle crashes occur when a motorist pulls in front of the bicyclist, swerves into the bicycle’s lane, illegally turns in front of the bicyclist or tries driving around a cyclist. Even when a motorist sees a bicycle, they may not respect their right to the roadway. Just because Georgia law requires motor vehicles to give bicyclists three feet when passing under O.C.G.A § 40-6-56, doesn’t mean everyone obeys the rules of the road.

If a motorist is responsible for your injuries when you are in a bicycle accident, you have a legal right to be compensated for your medical expenses and other losses. When you consult with our Roswell bicycle accident attorneys, we’ll give you advice and explain what options are available.

Getting compensated for your injuries is important.  Compensation for your injuries includes:

1. Your medical expenses:  You are entitled to get reimbursed for all of your past as well as your future medical costs.
2. Interference with normal living: You are entitled to compensation for injuries that prevent you from enjoying the activities you used to enjoy before the accident.
3. Lost wages
4. Loss of earning capacity
5. Pain and suffering
6. Punitive damages: If the other party was so reckless that their behavior warrants special damages, then under O.C.G.A. § 51-12-5.1 you can ask for “punitive damages.”

If you find yourself in a bicycle accident, the first priority is getting medical help.  If while at the scene of the accident you are able to speak with the driver who struck you then call 911 and get the driver’s insurance information. After you have spoken with police and gotten yourself checked out by the right medical professionals, consider consulting with a Roswell bicycle accident  lawyer.  Even if you decide not to hire a lawyer its in your interest to first speak with a lawyer who can prepare you for what you will likely be asked by the other driver’s insurance company’s representatives.

For more information about bicycle accidents in Georgia, visit our Bicycle Accident FAQ page.

If you’ve come to this page seeking information about Georgia wrongful death law, we’d first like to offer our sympathy and condolences.  We are sorry for the tragedy that you and your family are going through.

Second, we’d like to offer a high-level overview of Georgia wrongful death law.  Wrongful death law varies significantly from state to state, but in Georgia, there are actually two types of claims typically made when a family takes action after the death of a loved one.

The first is a “wrongful death claim,” brought under Georgia’s wrongful death statute.  Georgia’s Wrongful Death Act requires the at-fault party to compensate the deceased’s family for the “full value of the life” of the person who died.  The “full value of the life” is measured from the point of view of the deceased, and it has two parts.  The first part is the intangible.  The intangible component of a wrongful death claim requires compensation for the parts of life that are hard to put numbers on, like the value of time with family and friends, the value of reaching personal milestones like graduation and marriage, and the value of the parts of life that we enjoy.  The second part is tangible, and includes things like the money that the deceased would have earned and the value of the household services that the deceased no longer performs for the family.

A wrongful death claim need not be brought by the Administrator of the deceased’s estate.  Georgia law generally requires that a family member bring the wrongful death claim, and although figuring out who should bring the claim can be complex, it is fairly clear under the Georgia wrongful death statute.

The second type of claim typically brought after the death of a loved one is the estate claim.  This claim, which is made on behalf of the deceased’s estate, allows  the heir or beneficiaries to collect damages for pain and suffering, funeral expenses, and certain other expenses.  The estate claim (unlike the wrongful death claim) must be brought by the Administrator of the decedent’s estate.

Typically, both the wrongful death and estate claims should be brought within two years of the death.  That time period can be longer if there was (or could have been) a criminal prosecution in connection with the death, and it could be shorter if there is a governmental entity at fault.  A spouse’s loss of consortium claim has a longer statute of limitations, but the loss of consortium claim is usually brought alongside the wrongful death and estate claims, so in practice, it is normally filed within two years.

For more about Georgia wrongful death law, see our Wrongful Death FAQ.

Sexual assault and rape are hard to talk about.  But they’re important.

Victims of rape and sexual assault have a hard time coming forward.  Most never do.  It takes a lot of courage.  Most victims of sexual assault and rape wish they could forget, wish it had never happened, and worry that if the do come forward with the truth, they won’t be believed.  They worry that they’ll be attacked for speaking out, and thus victimized again.  Coming forward after a sexual assault or rape is an act of bravery.  When victims do come forward, it is usually from a desire to make sure the attacker can’t victimize anyone else, and to make the attacker confront the consequences of his (or her) actions.

When a victim of sexual assault or rape hires us, our first job is understand our client’s goals.  Many want to handle the situation quietly and privately.  Others want to publicize the attacker’s name.  We respect the wishes of our clients, whatever they are.  Our job is to give our client a voice, and help our client fight back.

In many sexual assault or rape cases, there is more than one party at fault.  If the sexual assault or rape occurred at an apartment or hotel, and the owner or operator of the apartment or hotel knew there was an ongoing crime problem but failed to provide security for the tenants or guests, the apartment or hotel may bear responsibility for the rape or sexual assault.  We have handled cases where medical facilities—even facilities that were supposed to provide psychiatric help to underage girls—allowed their residents to become victims of sexual crimes.  We have handled sexual assault and rape cases against churches whose pastors sexually abused underage parishioners and schools whose teachers were caught on camera having sexual relations with students under their supervision.  Unfortunately, sexual assault and rape can happen anywhere.

For more information about sexual assault or rape lawsuits, visit our Sexual Assault & Rape FAQ.

Roswell is one of the top ten most populated cities in Georgia.  Roswell lies just north of Atlanta.  It shares its borders with the cities of Milton, Alpharetta, Johns Creek, Peachtree Corners, and Sandy Springs.

Roswell residents are fortunate to live in a city that has easy and fast access to everything outdoors.  The Chattahoochee Nature Center is a vast forest with 127 acres.  It offers hikers and cyclists four nature trails to explore.  The nature trails travel across wetlands and woodlands. With trails like the Big Creek Greenway, and rivers including the Chattahoochee River, Roswell residents take advantage of what nature offers.

In 2010 CNN named Roswell number 76 in its list of Top 100 Places to Live in the US.  And there’s good reason for that: Roswell has 22 parks with 918 acres of active and passive parkland and facilities.

It has been ranked one of the safest cities to live in the US according to City Crime Rankings, and Atlanta Magazine has twice chosen Roswell as the best place to live in the Metro-Atlanta area.

For all of these reasons we chose Roswell to open our Roswell personal injury law firm.

Before you hire a personal injury lawyer, make sure you do your research.  You want a fighter who knows what it takes to build your case.  Below are three video clips of our Roswell trial lawyers that either show what our lawyers do to build a case for trial, or what we do to fight for victims of crime.

We pride ourselves on providing exceptional service and delivering first-class results.  Our Roswell injury attorneys have the tenacity, training, and trial experience that it takes to win.  Our verdicts and settlements prove it.

If you or someone in your family needs an aggressive personal injury attorney, call us. If after speaking with you we realize that your case may not be a fit for our firm, we’ll refer you to another good Roswell injury lawyer who may be able to help.

Every consultation is free so if you have questions we invite you to call us.

Client Review

“I referred one of my employees to [Butler Law Firm]. My employee was severely injured and [Butler Law Firm] took great care of him. He got him a big settlement and helped get all of his bills paid. I would HIGHLY recommend his services.”

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