At Prior, Daniel & Wiltshire, LLC Attorneys at Law, we pride ourselves in being the best at helping serve our Athens-based clients with their personal injury/wrongful death cases. Our stellar team understands the importance of making our clients and their families feel that we are all on the same page when it comes to their individual case. We have many years of experience handling car accident personal injury cases and know the challenges faced by the victims trying to recover compensation for their losses while going through physical rehabilitation from injuries they may have suffered.
Our personal injury attorneys, particularly Michael C. Daniel, are experienced professionals who have handled all types of personal injury cases including brain injury related accidents. In fact, Daniel, one of the partners at our prominent firm, has been a highly qualified and reputable traumatic brain injury attorney in Athens, Georgia for over two decades. In those distressing circumstances in which another party’s negligence caused your traumatic brain injury or any sort of debilitating injury, the team at Prior, Daniel and Wiltshire is your go-to legal representation for recovering the compensation you so rightfully deserve. We’ll talk more about traumatic brain injury in our frequently asked questions section.
If you’ve been in a car crash and don’t know what your next step is, just call our firm to schedule a free consultation with us to review your claim and determine how our personal injury lawyers may be able to help. Our attorneys can help ensure you receive full benefits from the insurance company and determine whether you can file a claim for additional damages against the party at fault for the crash. If you have suffered a serious injury including traumatic brain injury, we can help you file a lawsuit to claim compensation beyond that which is provided through insurance claims. We will approach the negligent party’s insurance company to recover compensation to cover your remaining costs. Your claim will be submitted for approval to the insurance company, which would conduct an investigation of its own. The success of your claim will lie on the ability of your attorney to collect, analyze, and present evidence. Providing your attorney with as much information as possible can help strengthen your claim. If your attorney and the insurance company cannot agree on a settlement, the case may proceed to trial.
In order for us to better serve you, it’s important for you to understand what is expected of you and the process after the accident.
It is also true, though, that your case will involve medical information and financial information. It is important, then, to obtain assistance from a firm that can handle these areas as well. At PDW, your legal options, medical consultation, and financial questions can be handled in one phone call – today. There is no obligation and we are only paid if we recover for you or your loved ones. Again, there is no obligation and we look forward to talking with you.
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Personal injury lawyers are hired by clients who are seeking compensation due to an injury – whether physical or mental – as a result of negligence from a another person or entity. ‘Entities’ in a personal injury case can represent a business, organization, government agency, or some other establishment besides an individual.
SEE ALSO: Personal injury lawyer Atlanta
Take photographs. If you have a camera or camera-phone, use it. You should take your own photographs even if the police are taking photographs. You should attempt to photograph the scene; the property damage; inside and out of the vehicles; license plates; skid marks; and, perhaps most importantly, visible injuries to persons involved in the accident.
Report the Accident to Your Insurance Company. Call your automobile liability insurance company and provide them with the details of the collision. Any delay in reporting the accident could result in a denial of your insurance coverage. Depending on your coverage and the coverage of the other driver, you may be entitled to medical payment coverage, uninsured motorist coverage and/or underinsured motorist coverage. DO NOT PROVIDE THEM WITH A RECORDED STATEMENT PRIOR TO SPEAKING WITH A LAWYER.
Call an Injury Lawyer. We offer free telephone consultations to assist you in deciding how to proceed with your case
In Georgia, the statute of limitations for accident victims to sue for personal injuries is within two years of the accident which caused the harm. It’s important to understand and abide by Georgia’s statute of limitations in injury cases, because if you try to file your lawsuit after the two-year window has closed, the court will most likely refuse to hear it and you’ll lose your right to get compensation for your injuries.
Georgia is a “fault” state when it comes to auto insurance claims, which means those injured in Georgia car accidents have multiple options for seeking compensation for losses. They can file a claim with their own insurance company, file a third-party claim directly with the other driver’s insurance company, or file a lawsuit in court. Georgia currently does not cap damages in other kinds of personal injury cases. In 2010, the Georgia Supreme Court ruled that damages caps violate the right to a jury trial established in the state constitution.
The best way to determine how much your claim is worth is to schedule a free consultation with an attorney at our firm. It’s difficult to determine how much your claim is worth without reviewing all elements of the accident. When you meet with a lawyer at our firm, we can give you a much better idea of how much your claim may be worth.
Although we have offices in Atlanta, Madison and Athens, it would be best to visit our Athens location in a historic home on Milledge Avenue. This is where we mostly focus on these types of cases, although we can also help at our Atlanta location if that is more convenient for you.
If you were injured in an accident, you have the potential to recover damages for your medical bills, future medical bills, on-going treatment and rehabilitation, medication and any necessary adaptive equipment, property damage, lost wages, future lost wages, emotional distress, and pain and suffering.
Traumatic brain injury is the result of a violent force to the head such as blunt force trauma to the skull. They are classified by degrees of severity from mild to severe and have lifelong consequences. Effects from traumatic brain injury range from simple disorientation to death, and include:
Victims can slip into a minimally conscious state, coma, vegetative state, or even suffer from locked-in syndrome. Fluid buildup in the brain, damage to nerves and blood vessels, and post-traumatic epilepsy are all potential risks in the days immediately following the injury. An attorney familiar with this all-too common injury can act fast as he/she is familiar with similar cases and will better know how to help the victim and the victim’s family.
So if you or a loved one has suffered severe or moderate (unconsciousness) TBI from an automobile, truck or boating accident caused by the negligence of another, or has committed suicide due to the complications of TBI caused by the negligence of another, you should contact Michael C. Daniel.
Mr. Daniel has been handling brain injury cases for more than 25 years. As an Assistant United States Attorney, he has defended the United States and the Department of the Army in numerous serious brain injury claims. While in private practice, he has recovered millions of dollars for brain-injured clients and their families. Handling a brain injury case requires a unique expertise and staff and Mr. Daniel has an in house Georgia Registered Nurse and Georgia Registered Paralegal on his team.
He has on-call video consultations to create professional trial and mediation presentations, which result in successful resolution of brain injury cases. He also utilizes the highest-level litigation software to ensure, if trial is necessary, your interest will be passionately represented in.
Personal injury attorneys in Athens, Ga., just like personal injury lawyers anywhere in the United States, can receive compensation for their representation in wide varieties of ways but there’s one way form of payment that’s particularly more prominent than all the others. A personal injury attorney can receive payment in the form of a pre-agreed upon hourly rate, and the client pay the personal injury attorney based on the number of hours worked. Another form a payment can be an agreed up set amount, an amount predetermined and specified by the personal injury attorney based on his or her assessment of the time and worked involved in the case.
And then based on that predetermined amount, the client could even pay the personal injury attorney in Athens a portion of the payment up front and the remaining amount at the end of the case, pay the full amount up front, or even pay the personal injury attorney the full amount at the end of the case. But the one way that a personal injury lawyer in Athens receives payment, above and beyond all other payment methods, is with what’s called a contingency fee. Contingency fees typically take the form of a percentage of total compensation generated from a personal injury law suit.
For example, the personal injury attorney can state that 30% of the compensation or award from a personal injury judgement will be retained by the attorney. The exact amount or percentage amount will vary depending on the personal injury attorney’s fee structure, but the contingency fee is definitely the most popular way for a personal injury lawyer to be paid. This is true also of personal injury in Athens, Ga.
The value of a first class personal injury lawyer is invaluable, especially for the people who have found themselves in a situation where they’ve been injured because of someone else’s negligence. The skilled personal injury attorney can be especially valuable when you find yourself or your loved one in a situation where accidental death is involved. In situations like this, a personal injury attorney with a high level of experience and skill will be necessary to help you and your family, or loved ones, navigate the Tort reform as it relates to accidental death cases.
First of all, a highly skilled personal injury attorney in Athens is going to be someone who has years of experience in personal injury law with a track record of success. The personal injury attorney who parades around touting themselves as an “expert in personal injury”, but does not have the credentials behind them or the track record of success, should be considered a credible personal injury attorney. However, a personal injury attorney with experience and credentials should be considered your first choice in your personal injury matters.
One of the things a personal injury attorney does all day is study what’s called Tort Reform or Tort Law. Tort law falls under the realm of civil law or civil litigation. This means, personal injury law that falls under Tort law, is an area of practice that is civil in nature, as opposed to criminal law or criminal in nature, and thus requiring a criminal attorney. Tort law, since it is what governs or sets the guidelines for civil litigation and compensation of damages in cases such as personal injury in Athens, Ga., is the foundation of personal injury law. A tort, or tort law, is the common law of the particular jurisdiction (such as Athens, Ga.) that governs a civil wrong – again, Tort law deals specifically with civil law. It’s the Tort laws that deal directly with a person, or company’s, behavior in matters where that behavior has acted unfairly toward another individual and has caused undue hardship, suffering, loss, harm, or even death.
Another way to think of “Tort law” is that it’s the law that deals with causing harm to other people. Personal injury in Athens, Ga. is built on the exact same set of laws and principles, and the personal injury attorney is the one who administers (defends or prosecutes) according to the Tort law.
Adopted by Georgia, the comparative negligence system allocates fault between the parties. Under this system, a defendant can raise a partial defense saying that the plaintiff was partially at fault for the accident.
Here’s an example of how this works. Let’s say that Alex is making a left turn and hits Meg who is driving over the speed limit through the intersection. Meg sustains injuries and sues Alex for negligence. Under a comparative negligence system, Alex may be found to be 80% at fault for hitting someone while making a left turn and Meg may be found to be 20% at fault because she was speeding. If the total available compensation is $100,000, Meg will receive $80,000 instead of the total amount — her amount is reduced based on her degree of fault (20%).
In “modified” comparative negligence states, an accident victim’s recovery is limited if the victim’s fault exceeds a certain degree. For example, in Georgia an accident victim can only recover damages if his or her fault is less than that of the defendant — that is, the accident victim must be less than 50% responsible for the accident to recover damages.
Title 40 of Chapter 9 (Article 2) of the Georgia Department of Public Safety: Each state and local law enforcement agency shall submit to the Department of Transportation the original document of any accident report prepared by such law enforcement agency or submitted to such agency by a member of the public. If the Department of Driver Services receives a claim requesting determination of security, the Department of Transportation shall provide a copy or an electronic copy of any relevant accident reports to the Department of Driver Services. Any law enforcement agency may transmit the information contained on the accident report form by electronic means, if the Department of Transportation has first given approval to the reporting agency for the electronic reporting method utilized. The law enforcement agency shall retain a copy of each accident report. Any law enforcement agency that transmits the data by electronic means must transmit the data using a nonproprietary interchangeable electronic format and reporting method. All such reports shall be submitted to the Department of Transportation within 14 days when electronically submitted and when not electronically submitted not more than 15 days following the end of the month in which such report was prepared or received by such law enforcement agency.
The department, not less than 30 days after receipt of an accident report or notice of an accident with respect to which a person claims under oath to have suffered damages and requests determination of security, shall determine the amount of security sufficient in its judgment to satisfy any judgment or judgments for damages resulting from such accident that may be recovered against each operator and owner. The department, upon determining the amount of security required, shall give written notice to each operator and owner of the amount of security required to be deposited by him or her. Any person so notified may, within ten days after receipt of such notification, make a written request to the department for a hearing. Such request shall operate as a stay of any suspension pending the outcome of such hearing.
According to the Governor’s Office of Highway Safety in Georgia, 1,130 fatalities and 112,526 injuries have been projected for this year. 1,427 people died on Georgia’s roads in 2015. That’s 22% more than in 2014. Unfortunately, this the first and most substantial annual increase in traffic fatalities in Georgia in over a decade. 47% of those fatal accidents involve single vehicle cars crashing into fixed objects such as trees or buildings. The major cause of these traffic fatalities are due to distractions from talking on the phone, texting, using the GPS, putting on makeup, eating, or just falling in and out of sleep or daydreaming.
This data may not seem as shocking as statistics from cities such as Atlanta but considering the population of Athens, which is a little over 115,000, there is a significant number of injuries resulting from car crashes.
With over 30 years litigating cases in both state and federal courts throughout the Southeastern United States, Michael C. Daniel is a Legion of Merit recipient and top 1% rated business litigator. Born in Macon, Georgia, he received his JD degree from the University of Georgia Law School and later served as a Judge Advocate in the United States Air Force at Eglin Air Force Base for four years before becoming a member of the Georgia Air National Guard. There he served as the Senior Judge Advocate for the Georgia Air National Guard from nearly a decade, attaining the rank of Colonel. Upon retiring from the United States Air Force, Mr. Daniel was awarded the highly prestigious Legion of Merit.
Once serving as an Assistant United States Attorney, appointed by then-President Ronald Reagan, Daniel has helped to recover millions of dollars in damages for his brain injury victim clients. As a recipient of the highest award available to an attorney, a Martindale-Hubbard AV Preeminent, you can trust that Michael C. Daniel is the best brain injury lawyer that you will find in Athens, Georgia.
He has served on various prestigious boards during his career, including the Georgia Technical College Board, the Athens Chamber of Commerce Board, and the Board of Directors for Athens Regional Health Plan Select. Mr. Daniel focuses on traumatic brain injury, personal injury and business law.