We represent victims of catastrophic injuries, and we represent families who have lost loved ones due to wrongful death. More specifically, we represent victims of car accidents, trucking accidents, spinal cord injuries, traumatic brain injuries and other types of injuries that can permanently alter a person’s life.
Frequently Asked Questions
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Personal Injury
Answers to common questions from people facing serious or catastrophic injuries.
03The types of compensation that may be available will depend on the facts of your case. Common types of damages in personal injury cases include:
- Compensatory damages, which can cover medical expenses, lost wages, lost earning capacity and other economic losses.
- Noneconomic damages, which can cover emotional distress, psychological trauma, and pain and suffering.
- Punitive damages, which can be awarded when the negligent party’s actions are particularly reckless or nefarious.
We can determine the types of damages that may be available in your case. Contact the firm to set up a consultation.
Most personal injury lawsuits are resolved in the pre-trial phase. However, at Jody D. Peterman, LLC, we prepare every case for a trial. That is the best way to ensure that you are in the strongest possible position to receive the maximum available compensation, even if your case is ultimately resolved in the pre-trial phase.
Truck Accidents
Questions about responsibility, deadlines, fault, direct actions and the value of a truck-accident claim.
07The trucking industry is heavily regulated, and safety violations are often the cause of trucking accidents. That means you need someone on your side to investigate the crash, and that person needs to know the laws and regulations pertaining to the trucking industry. In addition, trucking companies and their insurers typically have their own legal teams ready to minimize payouts to injury victims, so it’s important to have a truck accident lawyer on your side to protect your rights and interests. A truck accident may also require a thorough accident reconstruction to determine who was at fault, and a skilled truck accident attorney can work with experts in accident reconstruction to build a strong case on your behalf. All of these factors make truck accidents more complicated than other types of accidents.
The trucking company, the truck manufacturer, the truck driver, the party responsible for safely loading the truck, other car drivers who may have contributed to the crash, and any of these parties’ insurance companies may be liable for a truck accident. At Jody D. Peterman, LLC, we explore every possible avenue for getting our clients the compensation they deserve.
Under O.C.G.A. § 9-3-33, Georgia generally gives injured individuals two years from the date of the collision to file a personal injury lawsuit. The deadline applies to most truck accident claims, but there are important exceptions that can shorten the timeline.
If the vehicle involved belonged to a city or county agency, such as a sanitation truck or a local transportation department vehicle, the deadline is shorter. You may need to submit a formal ante litem notice within a period as short as six months. Additionally, claims involving state-owned vehicles typically require notice within twelve months.
Missing deadlines can prevent you from pursuing compensation, making it crucial to understand which rules apply to your situation as soon as possible.
Georgia follows a modified comparative negligence rule. This means you may receive compensation if you are less than 50% responsible for the crash. However, your compensation will be reduced in proportion to your share of fault. For example, if you are found 20% at fault for the accident, you can still recover 80% of the available damages.
Insurance companies often try to raise a claimant’s share of fault to reduce what they must pay. This makes it important to gather strong evidence and understand how Georgia’s fault rules apply to your situation. Even when fault is disputed, many are still eligible for meaningful compensation once the facts are fully evaluated.
The Direct Action Statute in Georgia allows those injured in a truck crash to include the trucking company’s liability insurer as a defendant in the lawsuit. This means the insurer is named as a defendant in the case alongside the driver and trucking company. Georgia’s approach is unusual, as many states do not permit direct claims against an insurance carrier in this manner.
This statute helps ensure that the jury is aware that an insurance policy exists to cover the losses, which can be important in cases involving severe injuries or extensive financial harm. Direct actions also streamline the litigation process by keeping all responsible parties, including the insurer, in the same case from the beginning.
If you want to maximize the amount of compensation you receive, it is a good idea to put an experienced truck accident trial lawyer on your side as soon as possible. Trucking companies and insurance companies have designated legal teams, and you deserve to have outstanding legal representation on your side also. While not every truck accident case goes to trial, it’s important for your case to be prepared as if it will go to trial. That puts you in the strongest possible position to get the maximum available compensation.
Every truck accident is unique with its own set of facts and circumstances. The best way to get an idea of how much your case is worth is to contact our law office in Valdosta. We can review your case, consider the costs of your injuries now and in the future, and help you get the compensation you deserve. We have extensive experience in personal injury cases involving catastrophic injuries, as well as wrongful death.
Wrongful Death
Guidance for families about claims, qualifying relatives, available compensation and timing.
07A wrongful death occurs when someone else’s negligence or wrongdoing caused the death. The negligent party in a wrongful death case could be an individual or a business. A wrongful death lawsuit is a civil lawsuit — not a criminal case — although there may be a separate criminal case related to the same death. For example, a fatal drunk driving accident may lead to a wrongful death lawsuit against the drunk driver, and the same drunk driver may also be charged in criminal court.
Georgia’s Wrongful Death Act allows for family members of a deceased person to bring a wrongful death claim. The deceased person’s surviving spouse or children may file a wrongful death lawsuit. If the deceased person was unmarried and had no children, the victim’s parents can bring a wrongful death claim. If the victim had no surviving spouse, children or parents, the victim’s estate can file a wrongful death lawsuit.
While no amount of money can replace a lost loved one, financial compensation may help the family move forward with security and dignity. Types of compensation that may be available include:
- Medical expenses arising from the care the deceased person needed before death.
- Lost income and employment benefits the deceased person may have earned now and in the future.
- Lost services the victim might have provided, such as home maintenance or preparing meals for the family.
- Loss of enjoyment, such as missing out on playing with grandchildren, getting married or playing sports.
- Funeral and burial expenses.
You will need guidance and representation from an experienced wrongful death lawyer for a number of reasons. First, the law is complex, and you need an attorney on your side to navigate the legal process for you. At Jody D. Peterman, LLC, our dedicated wrongful death attorney can handle all the legal matters while you focus on your well-being and that of your family. Second, we can thoroughly investigate your case, including the full financial impact of the death, and pursue the maximum available compensation for the loss of your loved one. Third, wrongful death cases frequently involve dealing with insurance companies in addition to the individual or business that caused the death. Insurance companies have their own teams of lawyers. To take on the insurance company, you need an experienced wrongful death lawyer on your side as soon as possible.
In Georgia, families generally have two years from the date of their loved one’s death to file a wrongful death lawsuit. Failing to meet this deadline could mean losing your right to seek compensation entirely.
Certain situations can pause or extend this timeline. If criminal charges were filed related to the death, such as vehicular homicide or manslaughter, the two-year clock may stop until those criminal proceedings wrap up.
Additionally, if your loved one’s estate has not gone through probate or a personal representative is yet to be appointed, Georgia law may extend the filing deadline for up to five years in some cases.
A wrongful death claim belongs to surviving family members. It seeks compensation for what the family has lost, such as financial support, companionship and care. The damages go directly to the spouse, children or other qualifying relatives.
On the other hand, a survival action belongs to the deceased person’s estate. It compensates for what your loved one experienced before death, including their medical bills, pain and suffering, and lost wages between the injury and passing. These damages become part of the estate.
Georgia law allows families to recover the “full value of the life” of their loved one, which includes both economic and noneconomic losses. Economic value covers the financial contributions your loved one would have made. These include income, benefits, household services and any financial support they provided their family.
Noneconomic value covers the intangible losses that are harder to measure. These include companionship, guidance and care your loved one brought to your family’s life. There’s no set formula for determining this value. We can help gather the necessary evidence and present a complete picture of your loved one’s value to pursue fair compensation.
Criminal Defense
Answers for people arrested for, charged with or under investigation for serious offenses.
05Our clients come to us for help with their high-stakes felony charges, including murder charges, sex crime charges and drug trafficking charges. Our firm is led by criminal defense attorney Jody D. Peterman. He is fully equipped to advocate for Georgia residents who are facing jail time and other serious consequences in complex, high-stakes criminal law cases.
While most criminal cases are resolved in the pretrial phase, we prepare every case for a possible trial because that is a proven way to position each client for the most favorable outcome achievable. Jody D. Peterman is a trial lawyer who has represented the accused and injured in more than 200 jury trials. He is an aggressive, strategic and fierce litigator with a long record of success, including the reduction and dismissal of serious felony charges.
Exercise your right to remain silent. Police and investigators are trained to get you to say things that can be used to convict you. Before you do anything else, get a lawyer’s counsel. Let the police know you want to contact an attorney and call us.
Every case has its own set of facts and allegations. Defense strategies may include questions of illegal search and seizure, unreliable eyewitness testimony, false allegations, mistaken identity, police misconduct, procedural errors by police and prosecutors, and overcharging. We can review the facts of your case to determine the most effective strategy for protecting your rights and freedom.
If your criminal matter carries high stakes, possibly including lengthy imprisonment, you have no time to waste. The best way to develop an effective strategy and defense theory for your serious criminal case is to contact Jody D. Peterman, LLC, immediately. We will advise you on what to do if you are arrested. Call the firm or send an email inquiry.
Felony Drug Charges
Questions about felony classification, penalties, record restriction, trafficking and defenses.
08A felony drug charge in Georgia typically involves the possession, sale, trafficking or manufacturing of controlled substances beyond a certain amount. The classification of a drug crime as a misdemeanor or felony depends on several factors, including the type of drug, the quantity involved and whether there is an alleged intent to distribute.
The penalties for felony drug charges in Georgia can be severe and may include hefty fines, a lengthy prison sentence, probation and mandatory drug treatment programs. The severity of the penalties often correlates with the schedule of the drug, the amount and the defendant’s criminal history. The stakes are high in felony drug cases, and you need an experienced criminal defense lawyer on your side as soon as possible if you have been accused of a felony drug offense.
Georgia law allows for certain criminal records to be restricted or sealed under specific circumstances, but felony convictions are generally not eligible for expungement. However, there might be options for first-time offenders under conditional discharge statutes.
Yes, Georgia has mandatory minimum sentences for certain drug-related felonies, particularly for drug trafficking charges. These mandatory minimums are based on the type of drug and the amount involved.
Drug trafficking generally involves the illegal sale, transportation and distribution of controlled substances and is often defined by the possession of a large quantity of drugs. Trafficking charges are more serious than possession and usually carry harsher penalties, including mandatory minimum sentences.
A controlled substance in Georgia is any drug or chemical whose manufacture, possession or use is regulated by the government. This includes narcotics, stimulants, depressants, hallucinogens and anabolic steroids, among others, which are categorized into schedules I-V based on their potential for abuse and accepted medical use.
Yes, the severity of a drug charge can be increased if the offense occurs within a drug-free zone, such as near schools, parks or housing projects. Penalties are often enhanced for drug crimes committed in these areas.
Several defenses may be available to those facing felony drug charges in Georgia. These can include:
- Challenging the legality of the search and seizure. If law enforcement violated your Fourth Amendment rights by conducting an illegal search, the evidence obtained may be suppressed.
- Arguing for a lack of possession. You might claim that the drugs belonged to someone else and that you had no control over them.
- Questioning the substance. The defense might require the prosecution to prove through proper lab testing that the substance in question is a controlled substance.
- Entrapment. If law enforcement induced you to commit a crime you would not otherwise have committed, you may have an entrapment defense.
- Procedural issues. Mistakes by law enforcement during the arrest or charges, such as failing to read Miranda rights, could be used in your defense.
- Substance amount discrepancies. If the amount of the substance is incorrectly measured or reported, this could affect the severity of the charges.
