Frequently Asked Questions

When a road defect causes a car accident, who is responsible for the resulting damages?

Without knowing the particulars of a case, it is exceedingly difficult to say exactly who should be held financially accountable for a car accident caused by road defects. However, it is most often the local municipality that is responsible for maintaining the conditions of public roads. However, when accidents occur in construction zones, construction companies can often be held responsible for the accident and resulting damages. If you have been involved in a similar accident, contact an attorney to discuss your options.

What are the most common road defects?

While potholes are probably the most commonly experienced road defect, they are more likely to cause property damage to a vehicle than bodily harm to the driver. However, depending on the size of the pothole and the speed at which driver encounters the pothole, they can be very dangerous. Aside from potholes, improper or missing signage, especially in construction zones, contributes to numerous car accidents annually. When a driver is not prepared to adjust to a changing road condition, an accident could easily occur.

How are traumatic brain injuries caused?

As a result of a serious car accident, particularly a rollover accident, victims could face the repercussions of a traumatic brain injury. A brain injury is the result of a sudden and violent impact to an individual’s head. These injuries often result in neurological damage that changes the course of a victim’s life. If someone in your family has sustained a traumatic brain injury as the result of an accident, an attorney may be able to help you fight for compensation needed to cope with this serious condition.

How much compensation can I expect?

The amount of compensation an individual can expect in a personal injury case varies widely, so it’s nearly impossible to know exactly what you will receive if you win your case. There are numerous factors that can affect the overall total of your compensation, including related medical expenses and other financial conditions. Since the compensation amount depends on the specific circumstances of a particular case, it is important to discuss your expectations with an attorney.

Can I sue for more compensation if I don’t get the amount I want?

No. You will not be able to sue for more compensation in the event that the amount you are awarded does not meet your desires or expectations. This is one reason why you and your attorney should discuss how much compensation you will actually need early in the legal process. You’ll want to be sure to take into account not only damages to a vehicle or property, but also injuries to your person, in addition to property loss, medical costs, and other damages. These costs can add up, and evaluating them from the start can help you pursue the appropriate amount of compensation.

How long can I wait to file a claim?

Sometimes people do not immediately file a personal injury claim when another has injured them, but you only have so long to do so. The statute of limitations, or the legal regulation mandating how long you can wait to file, for personal injury incidents in Atlanta is two years. There are some exceptions, but this is the general rule by which you should consider your case.

How long will my claim take?

It is not possible to provide an exact timeframe for a person who is considering pursuing a personal injury claim, as so many different factors play into how long these claims take. Depending on things like how a defendant pleads, the amount of evidence required, the number of witnesses required, and general delays in court, your case might take a matter of weeks, but it could also extend into months or years. An attorney from the Ausband & Dumont can talk with you about the possibly length of your case and help you get a better understanding of what you are looking at.

Do I need physical evidence of a car accident to win my case?

You do not always need to have physical evidence of a car accident in order to win your case, though this is popularly believed to be true. However, evidence like photos of the damage can help you make your claim even more valid and make it easier to win your claim. Additionally, you will want to provide things like hospital or doctor bills that detail the damage you yourself have suffered and the costs you’ve incurred. You may also want to provide any receipts for repairs you had to make on your vehicle. All of these things can help validate the amount of compensation that you’re seeking from the other person involved in the accident.

What do I do if my child suffered an injury at school?

When your child has suffered harm in a school accident, you may be able to take legal action if a certain party’s negligence caused the accident/injury. For example, if your child suffered an injury because of dangerous school conditions, like inadequate supervision, bad food, or a dangerous playground, it may be possible to hold the school, its officials, or other related parties legally accountable for any injury your child suffers as a result. To understand what options are available to you in such a situation, speak with a lawyer from the Ausband & Dumont.

Should I just pay for costs myself if I can afford it?

Sometimes people are determined to just pay for the costs an injury has themselves, rather than go through the hassle of filing a legal claim and holding the party who caused the injury responsible. However, this is unadvisable in many situations, as the costs of such an injury can be extremely prohibitive, often more so than many people initially believe. As such, even when you believe that you can pay for the costs today, you should speak with a lawyer about pursuing a personal injury lawsuit.

My child has a birth injury, is there anything I can do?

If your child has a birth injury, it is possible that it is the result of medical malpractice or negligence. This could be the case if a medical professional delayed treatment, improperly used forceps, or acted in other reckless ways. In these situations, it is possible for a person to file a medical malpractice lawsuit, holding the medical practitioner responsible and allowing them to possibly obtain financial compensation.

What questions should I ask an attorney in our first meeting?

Many people agonize over what to ask a potential attorney when deciding who is best for representing them. You likely have dozens of questions about your case, but sometimes it’s a good idea to start with the basics to get a good idea of the fit. Some questions you may consider asking include:

  • Have you won a case similar to mine before?
  • How much do you charge? Do your fees ever fluctuate?
  • How will I be able to reach you throughout the case?
  • What can you do if someone refuses to pay?
  • What will you expect of me during the case?

Knowing the answers to these questions can help you begin to determine if an attorney is a good fit for your case.