Personal Injury FAQs

The lawyers at McGarity & Efstration, understand that Georgia’s personal injury law is confusing. Every  accident and injury is unique, so it is important to seek legal counsel regarding your specific circumstances. We are available to answer your accident-related injury questions at a free initial consultation.

For your convenience, we have assembled a list of frequently asked questions and answers:

Will I have to go to trial to recover damages?

Not necessarily. In fact, about 95% of cases don’t go to trial — for many clients, a settlement is preferable. However at McGarity & Efstration, we prepare every personal injury case as though we were going to trial, allowing us to protect your interests at every turn.

What is considered pain and suffering?

In Georgia, pain and suffering can be defined as physical or mental anguish, and damages are calculated by severity. Whether you’re in a car crash and need physical therapy to recover, or the accident results in you being wheelchair-bound for the rest of your life, you may be entitled to compensation. Speak with our attorneys to see if you can make a claim.

How much money am I entitled to if I’m hurt because of someone else?

There’s no way to tell — and any attorney who tells you otherwise isn’t being 100% honest.  Compensation is based on a number of things, including the severity of your injury. To make a claim, however; we must be able to prove negligence on behalf of someone else. Make an appointment with one of our dedicated lawyers to see if you have a case.

The insurance company refuses to pay my medical bills because my car wasn’t damaged in the accidents. Can they do that?

No. The extent of the damage to your car may have nothing to do with the injuries you received. However it’s important to know that in Georgia, it’s extremely rare for an insurance company to pay medical bills as they’re accruing. At McGarity & Efstration, we’ve represented insurance companies, so we know how to make an argument on your behalf that will stick.

What are the most common types of brain injury?

There are two kinds of brain injuries: acquired, which may occur because of oxygen deprivation, and traumatic, which may occur because of a car accident or a blow to the head. At McGarity & Efstration, we have represented clients successfully with both kinds of injuries. Our experienced auto accident and medical malpractice attorneys are always prepared to fight for your rights if you or a loved one has suffered a brain injury.

A dog bit me. What do I do?

Call the police. Call a doctor. Call us. Georgia’s complex laws regarding dog bites favor the owners, so it’s important that you contact us quickly if you’ve been hurt by an animal. However you also want to seek medical attention because dog bites can be lethal. Your doctor’s documentation may also prove valuable to your case.

I fell in the grocery store. Can I sue?

Maybe. If the store owner knew there was a potential danger of someone slipping and falling — such as an obvious hole in the floor, or a wet floor with no visible caution sign — you may have a case. It’s important to speak with a lawyer quickly after your fall to determine whether or not you have a case worth pursuing.

What is the difference between wrongful death and medical malpractice?

Medical malpractice implies negligence on behalf of a medical professional or institution. Some medical malpractice cases may lead to wrongful death suits, though the reverse is not necessarily true. When you make a claim for wrongful death, you’re usually seeking damages for the full value of your loved one’s life. These damages may be based on lost wages, expenses and emotional anguish.

Who is liable for medical malpractice?

While any healthcare provider (such as a doctor, a surgeon or a nurse) or institution (such as a hospital) may be held liable for medical malpractice, the state of Georgia has very strict guidelines about that liability. As of 2005, the courts have required more from claimants to prove they were hurt because of a medical provider’s negligence, specifically in cases involving emergency room care. Contact McGarity & Efstration to schedule a free consultation to discuss your case.

About the Firm

McGarity & Efstration, LLC is located in Buford, Georgia and serves clients in and around Metro Atlanta and throughout the State of Georgia.

Buford Office

1305 Mall of Georgia Boulevard
Suite 100
Buford, Georgia 30519

Phone: 877.851.4261
Fax: 770.932.8437