Gainesville, Georgia Personal Injury Lawyer

Hall County Courthouse

Gainesville, Georgia, is located on the shores of Lake Lanier and in the foothills of the Appalachian Trail and the Blue Ridge Mountains.

Originally called Mule Camp Springs, Gainesville was settled near the crossing of two historic Indian trails. In 1821 when Hall County was established, Gainesville was made the county seat. Gainesville is home to many chicken processing plants and is often called the Poultry Capital of the World.” Currently, the population of Gainesville is over 42,000 people – and millions of chickens.

As a recreation destination for many of the citizens of Georgia, Lake Lanier is one of the largest lakes in Georgia. The lake was created in 1958 when the U.S. Army Corps of Engineers dammed the Chattahoochee River near Buford, flooding the valley. Lake Lanier serves three main purposes for the citizens of Georgia: hydro-electricity, flood-control, and as a reservoir providing water to the city of Atlanta. It is also one of the most popular recreational lakes in the country.

With so many tourists and locals passing through Hall County’s roads, injuries are common. Car accidents, truck accidents, and motorcycle accidents happen on a near-daily basis in the area, especially around Lake Lanier. These incidents can result in severe injury – and in the most severe cases, death.

If you have been injured by someone else’s actions or negligence, the team at Scholle Law is here to help. We have over 25 years of experience representing residents of Hall County, fighting for the compensation they deserve.

To schedule a free, no-obligation consultation with a Gainesville personal injury lawyer, call us at (866) 592-1296 or contact us online today.

What Is My Personal Injury Claim Worth?

Doctor visiting a patient with cervical collarThis is a complicated question, whether you were in a car accident, truck accident, motorcycle accident, or your loved one was wrongfully killed. The value of your case can ultimately be determined by a judge or jury if your case goes to trial. However, most 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.

What damages can I claim in my personal injury lawsuit? 

Damages are categorized in 3 particular types:

Economic damages 

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. These losses are quantifiable through receipts, invoices, bills, and other forms of evidence.

Noneconomic damages 

Noneconomic compensatory damages are not as easily quantified, as they do not involve monetary losses. Rather, these damages compensate victims for pain and suffering associated with the extent of injury and ongoing difficulties in life following the injury, including disability, disfigurement, loss of enjoyment in life, and more.

Punitive Damages

Punitive damages can only be awarded by a jury, and they are intended as punishment in egregious cases of gross negligence. These damages are not commonly assessed, as you must prove that the at-fault party acted in a way that showed “willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.”

 

What Is Pain and Suffering?

Painful neck ache after fender bender car crashBodily injuries can bring your life to a grinding halt. The first order of business is often getting medical help. This often 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 “noneconomic” 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 refers 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 focuses 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 physical wounds have healed.

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
  • Past, present and future mental anguish
  • Interference with the ability to work and generate income
  • Fear and anxiety over the extent of the injury
  • Effect of the damage on family members
  • Potential for ongoing problems

The jury is free to award what they deem reasonable, since there are no limits to pain and suffering damages in Georgia. This means that it is possible to get a higher settlement for pain and suffering than for economic damages, such as medical bills and lost income. 

Knowledgeable attorneys capitalize on this and employ the multiplier method. This approach multiplies the economic damages by a particular value to arrive at fair compensation for pain and suffering. 

 

Speak with a Gainesville Personal Injury Attorney Today

annette malena, charles scholle, todd shugart group photo

From left: Attorneys Annette Malena, Charles Scholle,
and Todd I. Shugart

Hall County is home to nearly 200,000 people, with millions more visiting the area’s attractions every year. So many people on the road means a greater possibility of being injured in a truck, car, or motorcycle wreck. When these accidents happen, catastrophic – and even fatal – injuries are common. 

If you have been injured by someone else’s actions or negligence, the team at Scholle Law is here to help. We have over 25 years of experience representing residents of Hall County, fighting for the compensation they deserve. In that time, we have recovered millions on behalf of our clients.

To schedule a free, no-obligation consultation with a Gainesville personal injury lawyer, call us at (866) 592-1296 or contact us online today.