WHO WE ARE
Schenk Smith are Atlanta personal injury lawyers representing clients and their loved ones who have been hurt in car and truck accidents, or in a nursing home. Unlike many firms, our firm concentrates exclusively on personal injury cases. For our clients, that means you will receive focused, experienced representation. From initial consultation to negotiation to verdict.
If you’ve been injured from someone else’s negligence, you will have many questions. What is the value of my case? How do I pay for medical treatment if I don’t get a settlement until later? The insurance company is calling me, should I talk to them?
The dedicated personal injury lawyers at Schenk Smith are here with answers to all of your questions. Just click, call or come by our Atlanta office. You will speak directly with a personal injury lawyer about your case. You will be in the hands of an attorney that will go above and beyond to strengthen and win your case.
HOW DO I KNOW IF I EVEN HAVE A CASE?
Not every accident is a case. Under Georgia Law, an injured person is entitled to recover if (1) Someone else’s negligent conduct (2) directly caused that injury. So for example, if another driver was texting while driving, and as a result, caused an accident in which you were injured, then you would have a claim against the driver. It is very important that you contact an experienced personal injury lawyer to evaluate your case at the outset. A lawyer can determine the merit of your case.
WHAT CAN I EXPECT AFTER HIRING SCHENK SMITH? WHAT IS THE PROCESS?
First, you can expect that at our initial consultation, you will meet an attorney. Our personal injury lawyers will sit down with and ask questions about your case. We ask questions about you. We encourage you to ask questions about use. One of our goals at the first meeting, and beyond, is that we want you to feel comfortable with us.
Second, after we take your case, we immediately get to work investigating and building your claim. This may include sending spoliation letters, letters of representation, requests for medical records, visiting and documenting a crash scene, interviewing witnesses, and other research.
Third, after our investigation, and most often after you have received the medical care that you require, we prepare a ‘demand package’ for the negligent person’s insurance company. The demand package lays out the case and instructs the insurance company to pay a certain amount. At this point, the insurance company will attempt to negotiate the demand amount.
Fourth, if the insurance company fails to pay the appropriate amount, then we prepare your case for trial. This includes filing of a lawsuit, discovery, depositions, and other items. Litigation can often take up to two years. This is why most cases settle prior to trial.
HOW IS PERSONAL INJURY COMPENSATION CALCULATED?
This is a very common question that we receive. Generally, compensation (referred to as ‘damages’), is divided into two categories: special damages and general damages.
Special damages include lost wages, medical bills, future medical bills, prescription drug costs, costs for a rental car, and in some cases property damage. Essentially, special damages are the types of damages that include a receipt or a set, verifiable amount.
General damages includes pain and suffering. Pain and suffering can be calculated in many different ways. However, most of the time, general damages are directly related to how much the accident or injury has affected your life. For example, general damages in cases involving permanent injury or disability are higher in value than case involving simple soft tissue case where there is no permanent damage.
In most cases, the special damages are added to the assessment of general damages amount. This becomes the case value. However, the insurance company will almost always have a different idea about your case value.