Were you or a loved one injured or killed in Duluth, Georgia? Let Scholle Law secure compensation for you and your family.
Duluth is home to a diverse population and many thriving businesses. It’s intersected by several major highways, including Interstate 85, Georgia Highway 120, Georgia Highway 141 and Peachtree Industrial Boulevard. There are many tractor-trailer warehouses and distribution points near the Duluth area. As a result, the prevalence of truck accidents in Duluth and Gwinnett County is higher than in other Atlanta suburbs. Likewise, its proximity to Lake Lanier makes Duluth residents more likely to be involved in a boating accident.
For over 20 years, we’ve helped families in their greatest time of need. We have diligently represented Georgians, securing positive results for our clients. Because of our experience, we are well aware that what seems to be a minor accident or injury can result in a lifetime of pain, suffering and difficulty for the victim of an accident, as well as for that victim’s family.
Litigation of severe injury cases often requires in-depth discovery. Our depth of expertise in handling serious injury cases and complex legal and medical issues serves our clients in a wide range of personal injury matters.
When you consult with Scholle Law, we will discuss the details of your unique case at no charge and we will never charge an upfront fee for representation. Our fees hinge on the positive resolution of your case. If we don’t win, you don’t owe us. It’s that simple. Let us use our knowledge and experience to make an assessment of the likelihood of successful recovery in your case. Call (404) 566-4530 for a free consultation.
6340 Sugarloaf Pkwy, Suite 150
Duluth, GA 30097
In general, the statute of limitations for a Georgia personal injury case or wrongful death case is 2 years from the date of the injury or death. You must file suit by the statute of limitations date or your case is forever void. However, there are certain exceptions that can limit or extend that period.
Once the statute of limitations has expired, a claim is void. Courts almost never forgive a failure to file suit by the statute of limitations date. Because of this, most attorneys will not accept cases that are within 6 months of the statute of limitations date. Attorneys don’t want to be responsible for investigation, drafting, filing suit and serving defendants on short notice because if something goes wrong, that attorney could be held legally liable. Courts are very unforgiving on statute of limitations issues, and the rules are very complicated.
It’s important to speak to an attorney about your case sooner rather than later. Statutes of limitations are enacted because legislatures understand that evidence is perishable, memories fade over time and meritorious cases should be pursued with zeal. In this framework, a lawyer can do a more competent, professional job for a client if he or she has ample time to secure evidence and formulate his strategy.
What damages can I claim in my personal injury claim?
Another issue in an auto accident claim is obtaining appropriate financial compensation for claimed damages. Damages are categorized in 3 particular types:
Economic compensatory damages are defined by distinct dollar amounts and include items such as medical bills, lost wages when they apply, physical property damage and associated expenses with meeting medical or rehab appointments or vehicle rental.
Non-economic compensatory damages are the general damages for pain and suffering associated with the extent of injury and ongoing difficulties in life following the injury, including limited rehabilitation prognosis and possible disability as a result of the accident.
Punitive damages can only be awarded by a jury, and they are intended as punishment in egregious cases of gross negligence when your accident attorney can prove to the court the excessive damages are warranted.
Lawyers are skilled in calculating these damages and determining how much compensation you deserve. If you file a claim without a lawyer’s expertise, you could be walking away with money left on the table. Why take that risk?
What is pain and suffering?Bodily injuries can bring your life to a grinding halt. The first order of business is often getting medical help. It translates to lost hours at work and piles of medical bills. Such losses are commonly referred to as “economic” damages and are easy to quantify. However, an injury also causes “non-economic” damages. Pain and suffering refer to physical pain, mental anguish and emotional distress. It covers all the general costs such as depression, stress, insomnia and loneliness. Pain and suffering damages are divided into physical and mental:
- Physical pain and suffering refer to the actual pain the plaintiff has endured due to the wounds and injuries. It also covers all the future discomfort that you are likely to suffer in the future because of the damage.
- Mental pain and suffering focus on the emotional effects of the injury. It covers emotional distress, mental anguish, anxiety, depression, insomnia, humiliation, anger, fear and shock. Examples of pain and suffering settlements include compensation for post-traumatic stress disorder (PTSD). Such traumatic experiences often linger long after the wounds have healed.
Are pain and suffering damages available in Georgia?Georgia law (9-10-184 (2016)) entitles the plaintiff to make monetary compensation for pain and suffering, which is handled under personal injuries. However, the argument for such payment must be restricted to the evidence provided. Proving abstract damage is never easy, which is why it’s paramount that you find the right attorney. It may not be possible to show pain and suffering in court, but it can be demonstrated. Medical records and expert testimonies can help demonstrate that the injury has limited your physical capabilities and prevents you from enjoying life. If you are already seeing a therapist, their testimony will also strengthen your case. Other evidence that can help include:
- Photographs of before and after the injury
- Video footage of how the injury changed your life
- Character witnesses, such as family, friends and colleagues
- The victims’ testimony on the difficulties caused by the injuries
- Under Georgia Code 9-3-33, the statute of limitations for all personal injury lawsuits is 2 years.
How much is my pain and suffering worth?Assigning monetary value to pain and suffering is never an easy thing to do. In most cases, juries are told to use their best judgment. However, this still leaves room for a lot of confusion. In Georgia, courts have put in place guidance on how juries should determine fair compensation. The following are the elements considered when awarding damages for pain and suffering lawsuits:
- Impairments of the body
- Interference with the usual daily activities
- Physical pain and suffering for both past and future
- Interference with the ability to work and generate income
- Past, present and future mental anguish.
- Fear and anxiety over the extent of the injury
- Effect of the damage on family members
- Potential for ongoing problems
Questions to Ask A LawyerBeing involved in a car accident or other incident that resulted in personal injuries can leave you with tremendous physical and financial disadvantages, with many questions about your legal rights. A free consultation with a personal injury attorney can give you an overview of what your options are and how to best proceed. To make the best use of your free consultation, we encourage our clients to come to the meeting fully prepared with all the information and documentation that is pertinent to your accident and your injuries. Above all, be honest with your attorney. Everything you share is confidential and will aid your attorney in representing you. Stay focused, listen, ask questions, and take notes for future reference. Below are some common questions to be answered by the attorney during your free consultation.
How experienced are you with my type of case?You want someone who has had experience and success resolving your type of personal injury case, whether that be personal injuries from auto accident, a slip and fall, a commercial trucking accident, or any other specific type of personal injury for which you are seeking an attorney to represent you. The attorney should be able to share the number of years they have practiced in this particular area of law, as well as share general information about settlements they’ve been able to secure for cases similar to yours, and what percent of the practice is dedicated to personal injury.
Do you see any potential problems with my case? If so, what are they and how would you overcome these challenges?An experienced personal injury attorney will be able to analyze the facts and anticipate arguments the other driver and their insurance company might use to try and reduce the value of your claim. The attorney should also know how to overcome those objections, from a legal standpoint as well as from past experience.
How long will my case take?There is often no set answer to this question because it may still be determined how much medical treatment is needed for you to reach maximum recovery. Look for an attorney who answers the question by explaining how long the process of gathering records, sending a demand to the insurance company and negotiating a settlement generally takes once you are done treating.
How much are the attorney’s fees, and how are they paid?Most personal injury attorneys work on a contingency fee basis, meaning their fees are collected from your settlement at the end of the case. Their payment is contingent on winning your case, so you shouldn’t owe them anything if your claim isn’t successful. Generally, there will be a fee schedule based on settling the case prior to filing suit verses once the case has moved into litigation/trial. This should be clearly explained during your consultation and stated in the contract you sign for the attorney to represent your case.
Who will I talk to throughout my case?Most attorneys have paralegals and legal assistants who will initially be in contact with you on the attorney’s behalf. They will follow your progress throughout the case and keep the attorney apprised of your progress. However, the attorney should also be available to speak with you throughout representation if you request a scheduled consultation to speak with them.
What is your policy on returning client calls and emails?The firm you hire should have a policy in place to return your call or email within 24, 48 or 72 hours. This sets up a reasonable expectation for a good working relationship between the firm and the client. The attorney should be able to speak to the client’s need to be heard. The attorney should also show consideration for his or her staff so that they have ample amount of time to respond to the client’s specific needs.
Consult a Duluth Personal Injury LawyerUnlike physical injuries, pain and suffering are abstract and very subjective. The amount of settlement varies depending on the circumstances of the case. Calculating pain and suffering damages is never a straightforward issue. The compensation you obtain depends on how well your attorney represents your case. The jury or judge will also look at the credibility of the plaintiff. An experienced attorney will adequately prepare you to avoid potential pitfalls. This is why your choice of legal representation is vital for pain and suffering damages in Georgia. Consult with Scholle Law today and get the compensation you deserve.
Auto accident attorney in Duluth, GAAccidents, crashes and collisions happen more often than you might think in and around Duluth. Car accidents alone occur every 30 seconds in the United States, ranging from minor “fender benders” to serious accidents with fatalities. When you consider the other types of accidents that occur, Americans are involved in injury-causing and fatal crashes at an alarming rate—even in relatively small cities like Duluth, Georgia.
Motorcycle accident attorney in Duluth, GAOn average, an estimated 90,000 motorcyclists are injured in traffic accidents in the U.S. each year, and 5,000 are killed. Some of those motorcycle accidents occurred on Abbotts Bridge Road and Peachtree Industrial Road in Duluth, Georgia. Unfortunately, motorcyclists as a whole are often perceived as reckless drivers because of only a handful of aggressive riders.
Truck accident attorney in Duluth, GAAs part of Gwinnett County and Metro Atlanta, Duluth has more than its fair share of truck accidents due to its proximity to downtown and its location as a hub for the trucking industry. When a truck crash happens, the repercussions can be more severe than many other types of accidents. These often-fatal crashes are so dangerous because there are such great disparities in the weight and size of passenger vehicles and commercial trucks. The causes behind truck crashes in and around Duluth are varied, but one fact does not change. That is, trucks are large and heavy, and they require more space and time to stop.
Wrongful death attorney in Duluth, GAThe loss of a loved one is nothing short of a tragedy for the family left behind. Although it can be difficult to discuss financial matters following the passing of a family member, it’s essential to plan for your family’s future as soon as possible. If you’ve lost a loved one because of someone’s carelessness, Duluth wrongful death attorney Charles Scholle can help. Wrongful death happens when someone dies because someone else has been negligent. The death could be due to the use of a defective product, a fatal car accident, intentional violence or murder.
What is my case worth?This is a complicated question. The value of your case can ultimately be determined by a judge or jury. Cases are settled to avoid the risks of uncertainty associated with trials. The settlement value of your case is a function of many factors, including: a) the amount of your medical expenses, lost wages and other out of pocket costs; b) the measure of your pain and suffering, past present and future; c) the future prognosis given to you by your physician; d) punitive or intangible factors relating to bad behavior on the part of the defendant; and e) other case-specific factors. It is sometimes difficult to quantify damages because many categories of damages can be subjectively determined, and different people could arrive at differing conclusions. It is part art and part science. You should have an experienced injury and wrongful death attorney evaluate your case to assist with a determination of relative value.
Local resources for Duluth, GA residents
Local legal resources
Duluth Police Department
3276 Buford Hwy
Duluth, GA 30096
(770) 476-4151 (non-emergency)
Gwinnett County Public Schools
437 Old Peachtree Rd NW
Suwanee, GA 30024-2978
Gwinnett County Public Library
3480 Duluth Park Ln
Duluth, GA 30096-3257
Gwinnett Chamber Of Commerce
6500 Sugarloaf Pkwy
Duluth, GA 30097
Northside Hospital Duluth
3620 Howell Ferry Rd
Duluth, GA 30096
“…Every week, I experience a client who’s dealing with the worst time that they’ve ever had to experience. They’re injured. They can’t pay their medical expenses. They don’t know when they’re going to be able to work again.”
“…I always like the underdog. I always like representing the little guy. I don’t want to represent the corporation or the insurance company.”
“…We like to have a personal relation with our clients…because that helps us be better lawyers…and serve their interests.”
Contact us to speak with a lawyer about your accident.We’re available 24/7 and your first consultation is free.
Call 866-972-5287 or send us a message online