Frequently Asked Questions

HomeFrequently Asked Questions

Do you offer free consultations?

Yes, we offer free consultations to evaluate your legal situation.

What is your primary practice area? What cases do you focus on?

We focus on personal injury (including MVA, slip and fall, etc.) and criminal defense (including most felonies, misdemeanors, DUIs, and traffic). Give us a call to learn more information about our practice areas and how we can assist you today!

Are you willing to travel?

Yes, we will travel anywhere throughout the state of Georgia

Do you practice in local, state, and federal courts?

At Schwartz Trial Law LLC, we practice in local and state courts.

What separates you from other attorneys?

Serving Dunwoody and surrounding areas, personal injury lawyer Ryan B. Schwartz and our team at Schwartz Trial Law LLC have helped many Georgia residents take legal action against those responsible for their harm. We proudly represent victims and their families throughout the Atlanta metro area, as well as in Woodstock, Decatur, Lawrenceville, Gainesville, Macon, Canton, Jonesboro, Kennesaw, and other communities.

We work hard to give clients a more personal/direct engagement and experience. We always try to treat clients like they matter because they do. We treat clients the way we would want to be treated if we were in their shoes. No one should have to feel like they’re battling legal issues alone, and at Schwartz Trial Law LLC, we will guide you throughout the legal process.

Personal Injury FAQs

What is a personal injury?

A “personal injury” is not an injury at all. Rather, personal injury is a field of law that deals with torts and negligence. The term “tort” refers to any act or omission that gives rise to injury or harm, and “negligence” means a failure to behave with reasonable care. Personal injury law is designed to protect victims when someone else’s actions or failure to act causes injury or harm to a person or their property.

When do I need a personal injury attorney?

You may need a personal injury attorney after getting into an accident and suffering serious injuries and losses. If you choose to hire a lawyer, contact them as soon as possible after your accident or injury. Many attorneys prefer if you call them before you speak to insurance companies. Still, some people try to deal with insurance companies first and find they need a personal injury lawyer to help them recover fair compensation.

How much does a personal injury attorney cost?

Most personal injury attorneys work on contingency fees, which means they do not get paid until you win your case. Usually, your attorney will collect one-third of your final settlement or award as payment for their services. If you do not win your case, however, you will not owe your attorney any money for the work they performed.

What types of compensation can I seek in a personal injury claim?

When you file a personal injury lawsuit, you are making a claim for damages. Under Georgia law, you can recover compensation for economic losses, like missed wages, medical bills, property damage, and other expenses, as well as non-economic damages, which seek to ease pain and suffering and mental anguish. In some cases, you can also claim punitive damages, which are designed to punish the wrongdoer. While no amount of money can change what happened, financial security can make all the difference as you move forward from a serious accident or injury.

What are some examples of personal injury cases?

Car accident claims are the textbook example of a personal injury case because all drivers owe a duty of care to everyone else on the road, and unsafe driving that leads to an accident or injury is a tort. Other common personal injury cases include slip-and-fall accidents, premises liability cases, product liability cases, and animal attack claims.

How long does a personal injury claim take?

The length of your personal injury claim will depend on the details of your case. Generally, it takes 1 to 3 years to reach a settlement or verdict in a personal injury case, but your case could be resolved in as little as a week or up to a decade. No matter how long your claim takes, you must adhere to the statute of limitations. In Georgia, as long as you file your claim within 2 years of your injury or loss, you can take as long as you need to resolve your case.

What is the statute of limitations for personal injury lawsuits in Georgia?

You should be aware that procedural deadlines like the statute of limitations must be followed to preserve your right to compensation. The statute of limitations is a particularly important procedural rule to understand in your personal injury case. It signifies the time frame that you have to file a claim. Failing to file within this time frame could mean permanently losing your right to pursue compensation. Under Georgia law, a plaintiff has four years from the date of an accident to pursue a property damage lawsuit, but a personal injury or wrongful lawsuit must be pursued within two years. This is one key reason why you should contact Schwartz Trial Law as soon as possible after an accident.

Do you take workers’ comp cases?

No, we do not take workers’ comp cases.

Do you take major commercial cases, such as trucking accidents or class-action suits?

Yes! We can take any kind of case, whether it’s a trucking accident or class-action suit. Call us today to handle any commercial case.

What are your biggest cases?

Car accidents, slip-and-fall, product liability, etc. Our biggest cases are injuries and liability resulting from car accidents. It is stressful and scary to deal with car accidents alone. Call a reliable attorney to make the most out of an unwanted situation.

What are some common causes of car accidents in Georgia?

Getting behind the wheel exposes you to serious risks. The Governor’s Office of Highway Safety in Georgia reports that there were 1,179 traffic fatalities and 116,458 injuries in the state in 2013, and these figures are fairly typical for any given year.

Car accidents arise from many causes, such as:

  • Driver fatigue
  • Speeding
  • Texting and driving
  • Driving under the influence of drugs or alcohol
  • Failing to obey traffic signals
  • Tailgating

Some of the most common types of crashes on the road include rear-end accidents, rollovers, head-on collisions, side-impact crashes, and sideswipe collisions.

What types of compensation can I seek after a car accident in Georgia?

Depending on the nature and extent of the accident, you may be able to seek compensation for the following, among other forms of damages:

  • Medical bills
  • Future medical expenses
  • Rehabilitation costs
  • Pain and suffering
  • Lost income
  • Property damage

It will be important to show that any items of damages you are claiming directly resulted from the defendant’s careless actions behind the wheel.

What are some common causes of slip-and-fall accidents?

Slip and fall injuries can be caused by dangerous conditions on a property such as:

  • Wet and slippery floors
  • Poorly lit hallways
  • Uneven pavement or floors
  • Poorly maintained steps
  • Loose handrails
  • Parking lots with inadequate lighting
  • The owner’s failure to perform construction in accordance with building codes

Criminal Defense FAQs

Do I need a criminal defense lawyer? 

If you have been accused of a crime, you will have to appear in court. Whenever you appear in court, it is in your best interest to have an attorney represent you. Although you have the right to represent yourself, less than 1% of accused individuals make this decision. Your lawyer can help you navigate the criminal justice system, make “deals” with prosecutors, hire and manage investigators, and much more. Most importantly, your attorney can give you case-specific legal advice you won’t find anywhere else and support you during a difficult time in your life.

How much does a criminal defense lawyer cost?

The cost of your criminal defense lawyer will depend on the specifics of your case. For example, most attorneys charge more for felonies than misdemeanors, and attorneys may charge more in big cities. On average, clients seeking criminal defense services will pay about $1,500 per case. Your attorney may bill you per hour or  by the case, and they will likely want a retainer fee up front. If you have questions about how much your case will cost, speak to an attorney directly.

What is the most common criminal defense? 

To get a conviction, prosecutors must prove that you are guilty beyond a reasonable doubt. As such, it is your attorney’s job to disprove the prosecutor’s theories or create doubt that what they’re saying is true. The most common criminal defenses include innocence (you did not commit the crime and have proof of your innocence), alibis (you were somewhere else at the time the crime was committed), self-defense (you used reasonable force to protect yourself in a dangerous situation), constitutional violations (authorities violated your constitutional rights during your arrest, while gathering evidence, or at any other time during your case), lack of intent (you did not mean to hurt anyone), and insanity (you did not understand what you were doing as a result of a mental illness).

The defense that works best for you will depend on your charges and the circumstances of your unique case. Discuss your case with a lawyer today.

How does a criminal defense attorney prepare for trial? 

One of the first steps an attorney takes to prepare for trial is talking to witnesses. After your attorney engages in open and collaborative communication with you (their client), they will talk to others who saw or heard the alleged crime. Your attorney may also hire investigators to get insight into the alleged crime and hire expert witnesses to explain possibilities and impossibilities within a specialty area. Criminal defense attorneys will also talk to character witnesses to establish your personality, integrity, and relationship with the alleged victim. Both criminal defense attorneys and prosecutors engage in discovery to make sure they are working with the same facts.

With the right witnesses and evidence, your lawyer can present your side of the story and help you obtain the best possible results.

What evidence is admissible in a criminal trial?

Courtrooms across the United States adhere to the “rules of evidence,” which determine what evidence is and is not admissible in a criminal trial. In general, demonstrative evidence (photos and videos), documentary evidence (written documents), real evidence (objects), and testimonial evidence (witness statements) are admissible in a criminal trial — as long as they are relevant to the case and were obtained legally. Your lawyer should keep a careful eye on what evidence makes it to court. For example, your attorney could get your charges dismissed by preventing real evidence (e.g., drugs) that was obtained during an illegal search and seizure (e.g., an unwarranted traffic stop) from making it into your trial.

What if my lawyer thinks I am guilty?

A good criminal defense attorney is not worried about whether their client committed a crime. Rather, they are worried about whether the government can prove that their client committed a crime. Your lawyer is ethically bound to represent your best interests. This could mean proving your innocence in a court of law or helping you make a plea deal if you are guilty.

While your attorney cannot lie on your behalf, they cannot speak to your guilt or innocence without your express permission, and they should focus on dismantling the prosecution’s case as much as they focus on building yours.

Most of the time, defense attorneys do not know whether their clients are guilty. Instead, they present their client’s side of the story, question the prosecution’s claims, and let the court decide guilt or innocence.

Are there any criminal cases you don’t take, such as serious felonies, murder, sex crimes, etc.?

We do not handle murder cases or sex crimes.

Do you take domestic violence cases, and if so, do you represent the accused or the victim?

Yes, we do handle domestic violence cases. In criminal cases, we represent the accused. If you’re facing a domestic violence case, call Schwartz Trial Law to have a trusted and experienced attorney fight for you.

Do you help with expungements or appeals?

We do not assist with expungements or appeals.