Legal FAQ

Auto Accidents

What Should I Do after a Georgia Auto Accident?
  • Seek Immediate Medical Assistance: Prioritize your health by obtaining medical attention for any injuries sustained.
  • Document the Accident Scene: Capture photos and videos of the accident scene to gather essential evidence for your car accident claim.
  • Contact Law Enforcement: Report the accident to the police to generate an official report.
  • Consult a Georgia Car Accident Lawyer: Engage an attorney from T. Madden & Associates quickly to help you with the legal process and protect your rights.

Trucking Accidents

What Causes Most Georgia Trucking Accidents?

Several factors contribute to truck accidents, including driver fatigue, distracted driving, mechanical failures, improper loading, inadequate training, bad weather, and traffic violations.

DUI Accidents

Can I win a DUI lawsuit against a defendant who was acquitted in criminal court?

Yes, when a criminal defendant is acquitted, all that means is that the court did not find him guilty “beyond a reasonable doubt.” But “beyond a reasonable doubt” is the standard for a criminal prosecution, not a civil lawsuit. The standard of proof is much lower in a civil lawsuit, which means that you can win a lawsuit against a defendant who was acquitted in criminal court.

Can I lose a DUI lawsuit against a defendant who was convicted in criminal court?

Yes, it is possible, although it is not very likely. Criminal prosecution and a civil lawsuit are completely separate proceedings. One way a defendant convicted of DUI could win a civil lawsuit would be to show that his intoxication was not the cause of the accident—in other words, the accident would have happened even if he had been sober.

Can I receive punitive damages?

It is possible. Punitive damages are awarded, not to compensate the victim, but to punish the defendant for particularly outrageous behavior (among other reasons). As a consequence, courts are quite reluctant to award them. Victims of DUI accidents, however, have a better chance than most victims do. If you do receive punitive damages, you will likely receive ordinary compensatory damages as well.

Wrongful Deaths

Who can file a wrongful death claim in Georgia?

The following individuals are eligible to file a wrongful death lawsuit on behalf of the deceased person: spouse, children, parents, and a personal representative of the estate.

What kinds of damages are available, and who is eligible to receive them?

Damages in a wrongful death case may include: funeral and burial expenses, medical bills incurred before death, loss of income and financial support, loss of companionship, love, and emotional support, pain and suffering experienced by the deceased before their death, punitive damages (in cases of gross negligence or intentional harm).

Are there any time limits on filing a wrongful death claim?

In Georgia, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the individual’s death. This means that grieving families must take legal action within this timeframe to avoid losing their right to seek compensation.

Nursing Home Abuse

What are the most common types of nursing home abuse?

The most common types of nursing home abuse are: physical abuse, including overmedication, verbal and psychological abuse, financial abuse, neglect, including failure to provide necessary care as well as inadequate supervision, and sexual abuse.

What are some of the indicators of nursing home sexual abuse?

Some of the signs of nursing home sexual abuse are bruises on the genital areas, torn clothing, depressions, and anxiety in the presence of a caregiver.

How can I prove nursing home abuse?

To prove nursing home abuse, you must show that the nursing home or a staff member committed misconduct—either through inappropriate action or a failure to act when needed. You must also demonstrate that this misconduct caused harm to your loved one.

Slip and Fall

What Other Injuries Does Georgia Premises Liability Law Cover?

Injuries that occur on a property due to unsafe conditions—such as slips and falls, negligent security, or the owner’s failure to maintain the premises—are covered under Georgia premises liability law.

Will the Property Owner Cooperate?

The property owner may or may not cooperate. Some owners willingly provide information and insurance details, while others may deny responsibility or delay communication. An attorney from T. Madden & Associates can help handle any uncooperative behavior.

What Kinds of Property Are Subject to Georgia Premises Liability Law?

Premises liability laws apply to a wide range of property types, including private residences, businesses, commercial spaces, and public areas. This includes homes, apartment complexes, bars, restaurants, retail stores, grocery stores, hotels, motels, office buildings, and parking lots.

How Do Georgia Slip and Fall Accidents Happen?

Slip and fall accidents are alarmingly common and often occur in places like retail stores, restaurants, and public areas throughout Atlanta. These incidents typically happen because of wet or slippery surfaces, uneven flooring, poor lighting, or obstacles that create tripping hazards.

Do Slip and Fall Cases Usually Go to Court in Georgia? Can I Afford a Lawyer?

Most slip and fall cases settle before reaching trial, making the process less stressful for the injured party. However, if a trial is necessary, the legal team at T. Madden & Associates is prepared to represent your interests in court. Thanks to their contingency fee model, you won’t pay legal fees unless they successfully win your case.

Negligent Security

Which Types of Property Owners Can I Sue for Negligent Security?

Here are some of the types of property owners you can sue for negligent security, including hotels, motels, amusement parks, restaurants, office buildings, movie theaters, retail stores, shopping malls, grocery stores, and much more.

City FAQ

Augusta

Is it difficult to sue someone who caused my accident and resulting injuries?

It can be challenging without legal help. An experienced personal injury attorney from T. Madden & Associates, P.C., can help you prove negligence, gather evidence, and fight for your right to compensation.

What type of financial compensation can I recover if someone else caused my injuries?

You may be entitled to compensation for medical bills, lost income, pain and suffering, emotional distress, and future care costs.

I suffered injuries in a motor vehicle collision caused by a driver who works for someone else. Can I sue that company?

Yes. If the driver was on the job at the time, their employer may be legally responsible under Georgia’s vicarious liability laws.

What are the factors that influence the value of my claim?

Key factors include injury severity, medical costs, lost wages, insurance coverage, and evidence of negligence or fault.

What evidence should I gather after the accident?

Collect photos, witness statements, police reports, medical records, and insurance information. These can be critical in proving your claim.

What is a commercial truck’s ‘black box’, and how can it help my case?

A truck’s black box records speed, braking, and driving data. It can help prove fault in a truck accident case.

Should I purchase uninsured/underinsured motorist coverage?

Yes. This coverage protects you if the at-fault driver has no insurance or too little to cover your losses.

What is Med Pay?

Med Pay, or Medical Payments coverage, helps pay your medical bills after a crash, regardless of who was at fault.

Is it easier to win a claim against a defendant in a commercial truck crash than against a defendant in a car crash claim?

Not necessarily. Truck cases often involve complex regulations and aggressive defense teams. However, more insurance coverage is usually available. So, make sure you contact a lawyer at T. Madden & Associates, P.C., to ensure that you get the compensation you deserve.

What kind of claim should I file if my loved one died in a car or truck accident?

You may be able to file a wrongful death claim to recover for funeral costs, loss of income, and emotional suffering.

Should I sue or settle?

It depends on your case. A settlement may resolve faster, but suing can lead to higher compensation if the other side won’t negotiate fairly. For more information, contact the lawyers at T. Madden & Associates, P.C..

What is the statute of limitations deadline for a vehicle accident claim?

In Georgia, you typically have 2 years from the date of the accident to file a personal injury claim.

How can I obtain compensation if I was injured because my airbags failed?

You may be able to file a product liability claim against the car or airbag manufacturer for the defect.

If I can prove that the driver was breaking a traffic law at the time of the accident, will I win my claim?

It helps your case, but it’s not guaranteed. You still must show that the violation caused your injuries and damages.

Do I have to prove my case ‘beyond a reasonable doubt’?

No. Personal injury cases use a lower standard, “preponderance of the evidence,” meaning more likely than not.

Atlanta

Which legal actions to take, when to take them, and which law firm to trust?

If you’ve been injured in an accident in Atlanta, your first step should be to consult a trusted personal injury lawyer who can evaluate your situation as soon as possible. At T. Madden & Associates, P.C., we offer free case evaluations to help you understand your legal rights, the strength of your claim, and the compensation you may be entitled to.

Not sure if you have a claim? Undecided on whether your injury is worth filing a lawsuit over? Leaning toward legal action but unclear about how much the lawsuit might be worth? Confused about your legal rights?

If you’re unsure if your injury qualifies, questioning the value of your case, or ready to take legal action, T. Madden & Associates, P.C. will guide you every step of the way with no fees unless we win.

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T. Madden & Associates, P.C has an answer for all of your legal questions! We are a Personal Injury firm, so we handle many types of injury cases from auto collisions to wrongful death! If you or someone you know is injured, T. Madden & Associates, P.C. can help.

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