Georgia Lawyer Joel Baskin Has the Answers
Personal Injury FAQs
Q: I was injured through no fault of my own. Can I file a personal injury action?
A: When you are injured by another person or entity’s negligence, carelessness, or wrongful conduct, you can often seek compensation from the negligent parties and their insurers and any other responsible parties.
Q: Do I need to hire an attorney?
A: Representation by an experienced personal injury attorney can help level the playing field with big companies and their big insurers who have well paid attorneys looking out for their interests.
Q: When should I hire an attorney?
A: The sooner you hire an attorney the better. Your attorney will want to begin his or her own investigation into the cause of the accident and gather relevant evidence, including police reports, medical records, and other information. Once you are represented by counsel, your attorney takes care of dealing with the insurance companies and ensures all deadlines are met for filing your claim and filing suit, if necessary. The attorney addresses all issues regarding liability, causation, and damages.
Q: How long do I have to file my claim?
A: For most personal injury cases, there is a two-year statute of limitations. That means if you do not file your claim within two years of the date of the injury, you cannot make a claim and your right to file a claim will be barred.
Q: What kind of financial compensation can I receive?
A: You may be entitled to money damages for all losses and expenses incurred as a result of the accidents. These may include:
- Medical bills, past, present, and future
- Lost wages
- Pain and suffering
- Permanent injuries or physical disfigurement
- Emotional trauma
- Loss of enjoyment
- Loss of affection
- Mental disability
- Property damage
- Out-of-pocket expenses
Criminal Law FAQs
Q: When am I under arrest?
A: You are under arrest when law enforcement officers take you into custody or deprive you of your freedom of movement by holding you for a criminal offense.
Q: What are my rights when the police question me?
A: You have the right to remain silent. Anything you say can be used against you in court. If you decide to answer questions, you can change your mind and stop answering them at any time. You have the right to consult with an attorney before answering questions and to have an attorney present when answering questions. If you decide to answer questions or make any statements, the information you provide should be accurate and truthful. You also have the following rights:
- Right to reasonable bail
- Right to a fair and public trial
- Right to be informed of the charges against you
- Right to be confronted with the witnesses against you and to gather witnesses of your own
- Right to refuse to answer self-incriminating questions
- Right to have your attorney with you while answering questions
- Other legal rights
Q: What happens after I am arrested?
A: The officers will take you to a police station, jail, or other detention facility. You will be advised of the charges against you and given an opportunity to contact an attorney. You may be asked to provide samples of your hair, blood, breath, etc. If you refuse to provide these samples, a request for a court order to obtain these samples may result. If you do not post bail, you will be processed into the jail and taken before a magistrate or judge as soon as possible to receive additional legal warnings.
Q: What is the presumption of innocence?
A: A criminal defendant is presumed innocent until proven guilty. This means the prosecutor has the burden of proving (beyond a reasonable doubt) that you committed the crime of which you are accused and that you do not need to do or say anything to prove your innocence, you have a right against self incrimination.
Q: What is the difference between a misdemeanor and a felony?
A: The difference between a misdemeanor and a felony depends on the severity of the crime. A misdemeanor is generally a crime where the statutory maximum penalty is one year or less in jail and fines of up to $1,000. A felony involves a crime where the punishment is at least a year in jail and/or a fine of at least $1,000.
Q: Does every case involve a trial?
A: No. Every criminal defendant has a right to a trial, but in many cases, a defendant and his or her attorney can reach a favorable resolution of the charges, which helps defendants avoid the cost, stress, and notoriety surrounding a trial.
