Frequently Asked Questions
Learn more about Farrar, Hennesy & Tanner LLC
Do you have a legal question? We have the answer! Check out our FAQs below to learn more about our company and services.
General Questions
How do I know if I have a case?
Were you injured in some way? Was another party at fault for your injuries? Personal injury cases are always complex and no two are ever the same. Call our experienced accident and injury attorneys today to see if you have a case.
How long does it typically take to resolve a personal injury or workers' compensation case?
The time it takes to resolve a personal injury or workers’ compensation case in Georgia can vary depending on factors such as the complexity of the case, the extent of injuries, and whether settlement negotiations or litigation is involved. Generally, straightforward cases may be resolved within several months to a year, while more complex cases may take one to three years or longer to reach a resolution. Working closely with an experienced attorney can help expedite the process and ensure your case is handled efficiently.
How much does it cost to review my case?
Nothing! Our accident and injury lawyers will review your case and inform you of your options for FREE. You can schedule your free case review online.
How much does an attorney cost?
Farrar, Hennesy and Tanner represent our clients on a contingency fee basis. This means if we do not recover money for your claim, you will pay nothing to our accident and injury lawyers. We get paid when YOU get paid.
What do I need to bring to my free case review?
You should bring any accident reports, medical bills, insurance information (including your own), correspondence with the insurance company, photos from the accident and any other related documents or other evidence that may help our accident and injury lawyers evaluate your claim.
Should I speak to anyone about my accident before speaking to an attorney?
No! We’ve all heard the familiar line in crime shows, “Anything you say can be used against you in a court of law.” The same goes for your personal injury or auto accident case – Anything you say may be used against you and your claim later. Don’t speak with anyone about your accident until you meet with one of our attorneys for a free case review.
How long do I have to file a claim after an accident?
In Georgia, the statute of limitations for filing a personal injury claim is typically two years from the date of the injury. However, there are exceptions for certain cases involving government entities or medical malpractice, which may have shorter time limits. Farrar, Hennesy and Tanner can help ensure you meet all applicable deadlines to protect and progress your case.
Am I eligible for workers' compensation if I am a part-time employee or a new hire?
In most cases, yes. As long as the injury occurred in the course of employment and meets the criteria for workers’ compensation eligibility, part-time, temporary and some seasonal workers are entitled to the same benefits as full-time employees under Georgia’s workers compensation laws. In cases where an injured worker was performing a job at a worksite through a temporary employment service, the staffing agency must provide benefits. Note that workers compensation does not cover independent contractors in Georgia.
How do you determine the value of my personal injury or workers' compensation case?
The value of your personal injury or workers’ compensation case depends on factors such as the extent of your injuries, medical expenses, lost wages, pain and suffering and any long-term effects. Our attorneys will assess these factors, gather evidence, consult with experts if necessary and consider similar cases’ outcomes to determine a fair valuation for your case. Then, we’ll negotiate with the insurance company or litigate in court to seek maximum compensation on your behalf.
What should I do if the insurance company denies my claim?
We always recommend having an experienced personal injury or auto accident attorney handle your claim from the start. However, if you have pursued a settlement on your own and an insurance company denies your personal injury or auto accident claim, it may not be too late to call in legal assistance. Bring your denial letter to your free case review and let Farrar, Hennesy and Tanner manage your insurance dispute. There likely are multiple options for appealing the decision and pursuing legal action. Time is of the essence, so act promptly to protect your rights and potentially challenge the denial.
What if I am partially at fault for my injury or accident?
In Georgia, if you are partially at fault for your injury or accident, you may still be eligible to recover compensation under the state’s modified comparative negligence rule. However, your compensation may be reduced by the percentage of fault attributed to you, and if your fault exceeds 50%, you may be barred from recovering any compensation. It’s essential to consult with a knowledgeable attorney to understand how the state’s laws may impact your case and your potential recovery.
Will I have to go to court if I file a personal injury or workers' compensation claim?
Whether you have to go to court after filing a personal injury or workers’ compensation claim depends on a range of factors, such as the complexity of your case and whether a settlement can be reached. Our firm has resolved thousands of cases through negotiations or settlements without the need for a trial. But if a fair resolution cannot be reached outside of court, litigation may be necessary to pursue your claim further. If that’s the case, we’ve got your back throughout the entire process.
Auto Accident Questions
How long do I have to file a claim after an auto accident?
Injury claims must be filed within two years of the date of the accident. However, if you have a severe injury, we recommend you meet with one of our attorneys as soon as possible so that your case can be properly evaluated.
How long does it typically take to resolve a personal injury or workers' compensation case?
The time it takes to resolve a personal injury or workers' compensation case in Georgia can vary depending on factors such as the complexity of the case, the extent of injuries, and whether settlement negotiations or litigation is involved. Generally, straightforward cases may be resolved within several months to a year, while more complex cases may take one to three years or longer to reach a resolution. Working closely with an experienced attorney can help expedite the process and ensure your case is handled efficiently.
If I was not at fault for the accident, why do I need to notify my insurance company?
It is important to inform your insurance company as soon as possible after the accident, as the person at fault may be uninsured or underinsured. You may need to make a claim against your own insurance as well as the at-fault party's insurance. Most insurance companies require "notice of a claim", and failure to give notice could lead to your claim being denied.
Does the insurance company pay for a rental car if mine is damaged in an accident?
Yes, you are entitled to compensation for the loss of use of your vehicle while it is being repaired after an accident. Most insurance companies will arrange a rental car that can be used throughout the duration of repairs. If your insurer denies such a request, our attorneys can step in and negotiate a rental for you.
Can I use my health insurance to pay my medical bills related to my accident?
Yes. However, some health insurance policies require reimbursement for any bills caused by the negligence of a third party. It is important to consult with an attorney to help you navigate complex insurance claims issues.
What kinds of damages can I recover due to my auto accident?
You can generally recover for property damage, medical bills, pain and suffering, lost wages, and loss of consortium. Other damages could be recovered, depending on the specifics of your case.
Truck Accident Questions
FAQ: What should I do if I'm involved in a truck accident in Georgia?
First, seek medical attention for any injuries. Then, gather evidence such as photos, dashcam footage, police reports and witness statements. As soon as possible, contact Farrar, Hennesy and Tanner. Our highly specialized truck accident attorneys know Georgia's truck accident laws by heart and can help assure you get fair compensation for your injuries and relevant losses.
How long do I have to file a truck accident lawsuit?
In Georgia, the statute of limitations for filing a personal injury lawsuit, including truck accidents, is typically two years from the date of the accident. However, there may be exceptions. For instance, in the case of an accident involving a truck owned and operated by a government entity, you may have a shorter time limit to file your claim. It's crucial to consult with an attorney promptly to ensure you meet all deadlines and preserve your claim.
Who can be held liable in a truck accident case in Georgia?
Liability in truck accidents can extend beyond just the truck driver to include the trucking company, maintenance providers and even manufacturers of the truck or its parts (tires, brakes, etc.) in some cases. Our experienced truck accident attorneys can assess the specifics of your case to determine all potentially liable parties.
How much compensation can I receive for a truck accident injury?
The compensation you may receive for a truck accident injury in Georgia depends on multiple factors. These include emergency transport, the severity of your injuries, medical expenses, lost wage, pain and suffering, and costs for long-term needs such as physical therapy and rehabilitation and even necessary modifications to your home such as wheelchair ramps and handrails, plus repairing or replacing your damaged vehicle. Consulting with a knowledgeable attorney can provide you with a clear understanding of the potential compensation available in your case.
Can I pursue a claim even if I was partially at fault for a truck accident?
Yes, Georgia follows a modified comparative negligence rule, allowing you to pursue compensation even if you were partially at fault. However, your potential compensation will be reduced by the percentage of fault that is assigned to you as opposed to that assigned to other involved parties. For instance, if you are found to be more than 50% responsible, you may be unable to collect compensation. Farrar, Hennesy and Tanner can help you navigate these complexities and maximize your recovery.
What are the major differences between accidents involving only passenger automobiles and those involving large commercial trucks?
Accidents involving commercial trucks often result in more severe injuries and damage due to the size and weight disparity between trucks and passenger vehicles. Additionally, trucking companies and their insurers typically have specialized legal teams to defend against claims, making these cases more complex. It's crucial to work with a personal injury attorney experienced in handling truck accident cases to navigate these unique challenges and pursue fair compensation.
Workers' Compensation Questions
How do I know if I have a case?
Were you injured in some way? Was another party at fault for your injuries? Personal injury cases are always complex and no two are ever the same. Call our experienced accident and injury attorneys today to see if you have a case.
How long does it typically take to resolve a personal injury or workers' compensation case?
The time it takes to resolve a personal injury or workers' compensation case in Georgia can vary depending on factors such as the complexity of the case, the extent of injuries, and whether settlement negotiations or litigation is involved. Generally, straightforward cases may be resolved within several months to a year, while more complex cases may take one to three years or longer to reach a resolution. Working closely with an experienced attorney can help expedite the process and ensure your case is handled efficiently.
If I am injured at work, what should I do?
Our workers' compensation attorney recommends that if you are injured on the job, you should immediately inform your employer. Also, be sure to write down all details of the incident including the names and contact information of any witnesses and take photos. Often, workers are injured and may think they have a minor injury that ends up becoming more serious. Employers will then try to claim they did not have notice of the injury and deny your rights to benefits.
How much money will I get weekly if a doctor determines I am unable to work?
If you are injured on the job and unable to work, you are entitled to weekly Temporary Total Disability (TTD) benefits. The amount of your weekly check is determined by calculating your average weekly wage in the 13 weeks prior to the date of the accident. Then, your TTD benefit amount is 2/3rds of your average weekly wage. Our workers' compensation attorneys can help you through the legal process.
If I am injured in an auto accident while on the job, can I file a workers' compensation claim and a claim against the person at fault?
Potentially. If you have been injured in a car accident while on the job, you have two distinct claims. These claims must be highly fact-based and easily provable. It is important that you work with an attorney familiar with workers' compensation and automobile claims to determine the specifics about any potentially liable persons.
Can I pursue compensation if I aggravated a pre-existing injury in the workplace?
Yes, you may still be eligible to pursue compensation if you aggravated a pre-existing injury in the workplace. However, the compensation you receive may be adjusted to account for the pre-existing condition, and proving the aggravation can be complex. Consulting with a knowledgeable attorney who understands Georgia's workers' compensation laws can help you navigate your case effectively.
Can I choose my own doctor if I've been injured on the job?
You must choose from a panel of doctors provided by your employer. However, if your employer denies your claim, or if they do not provide a doctor or panel of physicians, you may be able to choose your own.
Can I sue my employer for an on-the-job injury?
Typically, you cannot. Workers' compensation is the exclusive remedy that injured workers have for on-the-job injuries. However, if your injury on the job is caused by the negligence of a third party, you may be able to file an additional claim.
Can my employer fire me for filing a workers' compensation claim?
In Georgia, it is illegal for an employer to terminate an employee solely for filing a workers' compensation claim. Doing so would constitute retaliation, which is prohibited by state law. If you believe you have been wrongfully terminated for filing a workers' compensation claim, you may have grounds for legal action beyond your worker’s compensation claim. Farrar, Hennesy and Tanner’s network of subject matter experts includes those who have extensive knowledge of employment law and can help boost your legal claim.
Wrongful Death Questions
What qualifies as wrongful death in Georgia?
Wrongful death occurs when someone's negligence, recklessness or intentional act causes another person's death. This could include car accidents, medical malpractice or workplace accidents. But many factors are at play, including purely accidental deaths and those occurring at least in part because of the decedent’s own actions. Farrar, Hennesy and Tanner’s wrongful death attorneys will review the facts of your case free of charge, letting you know whether your case is viable and what your options for justice and fair compensation may be.
Who can file a wrongful death lawsuit?
In Georgia, the spouse, children or parents of the deceased person can file a wrongful death lawsuit. If none of these individuals are available, the executor or administrator of the deceased person's estate may file on behalf of the estate and any surviving family members.
Who can be sued for wrongful death?
No two cases are ever the same and the list of possible answers to this question is endless. However, a few of the most common culprits are drivers at fault for automobile collisions; designers or builders of faulty roadways and government agencies who fail to post warnings about known road hazards; companies or individuals who provide alcohol to impaired drivers who cause fatal accidents; companies that design or manufacture defective products or fail to adequately warn consumers of the risks of their products; medical professionals who committed malpractice; and employers of those who caused the death while performing work duties.
What damages can be recovered in a wrongful death case?
Damages in wrongful death cases may include compensation for medical and funeral expenses, loss of future income, loss of companionship, and pain and suffering endured by the deceased before death.
What is the time limit for filing a wrongful death lawsuit?
In Georgia, there is a statute of limitations for filing a wrongful death lawsuit. Typically, cases must be filed within two years from the date of death. However, certain circumstances may affect this deadline. For instance, more time may be allowed if the fatal injury was suffered by a minor or if the injury was not discovered immediately after the event that caused it.
What is the burden of proof in a wrongful death case?
In Georgia, the burden of proof in a wrongful death case is by a preponderance of the evidence, meaning that the plaintiff must show that it is more likely than not that the defendant's actions or negligence led to the death. This standard is less stringent than "beyond a reasonable doubt" in criminal cases.
Is wrongful death civil or criminal?
Wrongful death claims are civil lawsuits, filed by a person or family against a person, business or company in order to secure financial compensation for the loss of the loved one and related costs such as emergency and medical treatment, funeral and burial, and the loss of the decedent’s income. However, a wrongful death also can be subject to a criminal case if charges of homicide, murder or manslaughter are filed. The difference is that criminal cases are brought by the state for a violation of laws and potential penalties include jail time. Also, the standard of proof is different in criminal cases. In a criminal case, the prosecutor must prove the elements of a crime beyond a reasonable doubt rather than by a preponderance of the evidence required in a civil case. The differences explain why O.J. Simpson was found not guilty of the of killing his wife and her friend in his criminal case but was held liable in the wrongful death case brought by the victims’ families.
If you are injured in an accident, we’re sure you have many questions. We’re here to answer them all and provide guidance throughout the legal process. Call 912-384-2287 or request a free case review online today.
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As South Georgia’s most respected personal injury law firm since 1949, Farrar, Hennesy and Tanner has recovered millions of dollars for our clients. Contact us today for your free case review.